USA v. 709 Santa Barbara Avenue, Pueblo, Colorado

Filing 26

ORDER granting 23 United States of America's Motion for Default and Final Order of Forfeiture, by Magistrate Judge Michael J. Watanabe on 12/12/2014.(slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01360-MJW
UNITED STATES OF AMERICA,
Plaintiff,
v.
709 SANTA BARBARA AVENUE, PUEBLO, COLORADO,
Defendants.

ORDER ON
UNITED STATES OF AMERICA’S MOTION FOR DEFAULT AND FINAL ORDER OF
FORFEITURE (DOCKET NO. 23)

MICHAEL J. WATANABE
United States Magistrate Judge

This case has been referred to the undersigned by Chief Judge Marcia S. Krieger
for all purposes (see Docket No. 15) upon the consent of the parties (see Docket No.
11) pursuant to 28 U.S.C. § 636(c) and the Pilot Program to Implement the Direct
Assignment of Civil Cases to Full Time Magistrate Judges.
This matter is before the court on the United States of America’s Motion for
Default and Final Order of Forfeiture (Docket No. 23). No response has been filed. The
court has reviewed the subject motion (Docket No. 23), has taken judicial notice of the
court file, and has considered applicable Federal Rules of Civil Procedure and case law.
The court now being fully informed makes the following findings of fact, conclusions of
law, and order.

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FINDINGS OF FACT AND CONCLUSIONS OF LAW
The court finds:
1.

That I have jurisdiction over the subject matter and over the parties
to this lawsuit;

2.

That venue is proper in the state and District of Colorado;

3.

That each party has been given a fair and adequate opportunity to
be heard;

4.

That the United States commenced this action in rem pursuant to
21 U.S.C. § 881;

5.

That publication has been effected as required by Rule G(4) of the
Supplemental Rules for Admiralty or Maritime Claims and Asset
Forfeiture Actions, and all known interested parties have been
provided an opportunity to respond;

6.

That after proper notice, neither the known potential claimants, nor
any other third party, has filed a Claim or Answer as to defendant
assets as required by Rule G(5) of the Supplemental Rules for
Admiralty or Maritime Claims and Asset Forfeiture Actions;

7.

That the Clerk of Court entered a Clerk’s default pursuant to Fed.
R. Civ. P. 55(a) on October 2, 2014. (Docket No. 21);

8.

That based upon the facts and verification set forth in the Verified
Complaint, it appears by a preponderance of the evidence that
there was reasonable cause for the seizure of defendant assets,
and a Certificate of Reasonable Cause is granted pursuant to 28

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U.S.C. § 2465. It further appears that there is cause to issue a
forfeiture order under 21 U.S.C. § 881;
9.

That the facts and verifications as set forth in the Verified Complaint
provide probable cause and an ample basis by a preponderance of
the evidence for a final Judgment and Order of Forfeiture as to
defendant 709 Santa Barbara Avenue, Pueblo,
Colorado; and

10.

That the Clerk of Court shall be directed to enter Judgment as to
defendant 709 Santa Barbara Avenue, Pueblo, Colorado.
ORDER

WHEREFORE, for the foregoing reasons, it is hereby
ORDERED that the United States of America’s Motion for Default and Final
Order of Forfeiture (Docket No. 23) is granted. It is further
ORDERED that default judgment shall enter for the United States of America,
and forfeiture of defendant 709 Santa Barbara Avenue, Pueblo, Colorado, including all
right, title, and interest is hereby entered in favor of the United States pursuant to 21
U.S.C. § 881. The United States shall have full and legal title as to 709 Santa Barbara
Avenue, Pueblo, Colorado, which is more fully described as follows:
Lots 21 Thru 23 Blk 4, Sunny Heights Subdivision, First filing,
County of Pueblo,
State of Colorado,
subject to any higher-priority lien, and may dispose of said property in accordance with
law. It is further

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ORDERED that this Default and Final Order of Forfeiture shall serve as a
Certificate of Reasonable Cause as to 709 Santa Barbara Avenue, Pueblo, Colorado
under 28 U.S.C. § 2465. It is further
ORDERED that the Clerk of Court is directed to enter Judgment as to 709 Santa
Barbara Avenue, Pueblo, Colorado. It is further
ORDERED that plaintiff United States of America is awarded its costs, if any.

Done this 12th day of December, 2014.

BY THE COURT
s/Michael J. Watanabe
MICHAEL J. WATANABE
U.S. MAGISTRATE JUDGE