Bain v. United States Department of the Treasury, Internal Revenue Service

Filing 56

ORDER adopting 55 Recommendation of the United States Magistrate Judge. Plaintiff's Motion for Default Judgment [# 52 ] is GRANTED. Default judgment SHALL ENTER on behalf of plaintiff, Marguerite E. Bain, against defendants, All Unknown Persons Who Claim Any Interest in the Subject Matter of This Action, on plaintiffs claims implicating those defendants in this lawsuit. By Judge Robert E. Blackburn on 7/8/2013. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 12-cv-02111-REB-KLM
MARGUERITE E. BAIN,
Plaintiff,
v.
UNITED STATES DEPARTMENT OF THE TREASURY - INTERNAL REVENUE
SERVICE, and
ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT MATTER
OF THIS ACTION,
Defendants.

ORDER ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before me is the recommendation to continue the trial in this matter
contained in the Recommendation of United States Magistrate Judge [#55],1 filed
June 10, 2013. No objection having been filed, I review the recommendation for plain
error only. See Morales-Fernandez v. Immigration & Naturalization Service, 418
F.3d 1116, 1122 (10th Cir. 2005). Finding no such error in the magistrate judge’s
recommended disposition, I find and conclude that the recommendation should be
approved and adopted.

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“[#55]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s electronic case filing and management system (CM/ECF). I use this
convention throughout this order.

As more thoroughly set forth in the recommendation, this case was removed to
this court, and I have jurisdiction over this over this matter under to 28 U.S.C. § 2410
(action affecting title to property in which the United States claims a lien). By
publication, plaintiff duly served the unknown persons who may have an interest in the
subject matter of this action. (See Summons By Publication [#35], filed December 3,
2012.) Personal jurisdiction is proper in this district. No other person or entity filed an
answer or otherwise responded within the time permitted by law. The clerk of the court
entered default against these unknown defendants pursuant to Fed. R. Civ. P. 55(a) on
May 17, 2013 [#50]. Plaintiff therefore is entitled to default judgment against these
defendants under Fed. R. Civ. P. 55(b).
In failing to respond or otherwise appear, a defendant admits the factual
allegations of the complaint other than those relating to damages. See FED. R. CIV. P.
8(d); see also Burlington Northern Railroad Co. v. Huddleston, 94 F.3d 1413, 1415
(10th Cir. 1996); 10A Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal
Practice and Procedure § 2688 at 58-59 (3rd ed. 1998). Plaintiff’s complaint alleges
that her rights in the subject property are superior to all others. She seeks only a
decree quieting title and declaratory relief, and therefore no evidence of damages is
required. I thus find and conclude that the motion for default judgment should be
granted.
THEREFORE, IT IS ORDERED as follows:
1. That Recommendation of United States Magistrate Judge [#55], filed June
10, 2013, is APPROVED AND ADOPTED as an order of this court;

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2. That Plaintiff’s Motion for Default Judgment [#52], filed May 21, 2013, is
GRANTED; and
3. That default judgment SHALL ENTER on behalf of plaintiff, Marguerite E.
Bain, against defendants, All Unknown Persons Who Claim Any Interest in the Subject
Matter of This Action, on plaintiff’s claims implicating those defendants in this lawsuit.
Dated July 8, 2013, at Denver, Colorado.
BY THE COURT:

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