Dassel v. Estate of Mary Bridget Dassel et al.

Filing 48

ORDER finding as moot 25 Motion for Default Judgment; granting 31 Motion for Default Judgment by Judge John L. Kane on 2/24/2016.(babia)

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF COLORADO
Case No. 1:14-cv-03387-JLK-KLM
BILLY LEE DASSEL,
Plaintiff,
v.
ESTATE OF MARY BRIDGET DASSEL BY AND
THROUGH ITS APPOINTED PERSONAL
REPRESENTATIVE,
CREDIT SERVICE COMPANY INC.,
STATE OF COLORADO,
COLORADO DEPARTMENT OF LABOR AND
EMPLOYMENT,
COLORADO SPRINGS WHOLESALE FLORIST, and
INTERNAL REVENUE SERVICE,
Defendants.

ORDER GRANTING PLAINTIFF’S
SECOND MOTION FOR DEFAULT JUDGMENT

Having read and considered Plaintiff’s Second Motion for Default Judgment [Dkt. # 33],
and for good cause shown, the Court hereby GRANTS the motion and finds as follows:
1.

Plaintiff Billy Lee Dassel filed this lawsuit in state court [Dkt. # 4] to quiet title to

certain real property (the “Subject Properties”), located in Colorado Springs, Colorado and
described more particularly as follows:
a. Lots 4-7 including part of the RR, R/W thru lots 8. The east half of
vacated alley adjacent. Block 406 Resubdividion of part of South
Colorado City and Calvert Heights, Colorado Springs CO 80904. Street
address: 1332 S. 21st Street, Colorado Springs, Colorado.

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b. Lots 8-11 including part of RR, R/W thru lots 8. The east half of vacated
alley adjacent. Block 406 Resubdivision of part of South Colorado City
and Calvert Heights, Colorado Springs, CO 80904. Street address 1380 S.
21st Street, Colorado Springs, Colorado.
c. Lot 5, Blk 6 Red Rock Valley Estates Fil 2. Street address: 1945 Llano
Circle, Colorado Springs, Colorado 80926.
d. Lot 31, Block 3, Holland Park Subdivision No. 1 – First Filing. Street
Address: 4010 N. Chestnut St., Colorado Springs, Colorado.
2.

The United States timely removed this case from the District Court for El Paso

County, Colorado to the United States District Court for the District of Colorado on December
15, 2014. [Dkt. # 1].
3.

Plaintiff Billy Lee Dassel named Credit Service Company, Inc., the State of

Colorado, the Colorado Department of Labor and Employment, Access Flower Trading, Inc. and
Colorado Springs Wholesale Florist as defendants in this action solely to comply with Colorado
Rule of Civil Procedure 105(b), which required Plaintiff to name all parties who had recorded an
interest in one or more of the Subject Properties with the El Paso County Clerk and Recorder.
4.

Service of process upon Credit Service Company, Inc. was completed on

November 24, 2014. [Dkt. # 20]
5.

Service of process upon the State of Colorado and the Colorado Department of

Labor and Employment was completed by mail on November 12, 2014 and through personal
service on August 28, 2015. [Dkt. # 22, 28].
6.

Access Flower Trading, Inc. was dismissed with prejudice from this action on

December 21, 2015. [Dkt. # 36]

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7.

Service of process upon Colorado Springs Wholesale Florist was completed on

November 12, 2014. [Dkt. # 21].
8.

On July 14, 2015, the Clerk entered default against Credit Service Company, Inc.,

the State of Colorado, the Colorado Department of Labor and Employment and Colorado Springs
Wholesale Florist. [Dkt. # 24].
9.

To date, Credit Service Company, Inc., the State of Colorado, the Colorado

Department of Labor and Employment and Colorado Springs Wholesale Florist have failed to
file an answer or otherwise respond to Plaintiff’s complaint, or appeared in any other manner
before the Court in this matter. See generally, Docket for Case No. 1:14-cv-03387-JLK-KLM.
Accordingly, Credit Service Company, Inc., the State of Colorado, the Colorado Department of
Labor and Employment and Colorado Springs Wholesale Florist have defaulted.
10.

Credit Service Company, Inc., the State of Colorado, the Colorado Department of

Labor and Employment and Colorado Springs Wholesale Florist have had ample opportunity to
come forward and state a claim, if any, to the Subject Properties. Each has failed to do so.
Accordingly, each party has defaulted and is subject to a default judgment extinguishing any
interest it may have in the Subject Properties.
11.

The Court has jurisdiction to grant the relief sought by Plaintiff. Because Credit

Service Company, Inc., the State of Colorado, the Colorado Department of Labor and
Employment and Colorado Springs Wholesale Florist have failed to appear in these proceedings
after proper service, the relief sought by Plaintiff is hereby GRANTED.
WHEREFORE, for the foregoing reasons, the Court enters default judgment against
Credit Service Company, Inc., the State of Colorado, the Colorado Department of Labor and
Employment and Colorado Springs Wholesale Florist and finds that Credit Service Company,

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Inc., the State of Colorado, the Colorado Department of Labor and Employment and Colorado
Springs Wholesale Florist have no interest in the Subject Properties. Plaintiff’s Second Motion
for Default Judgment (Dkt. # 31) is GRANTED and Plaintiff’s First Motion for Default
Judgment (Dkt. #25) is DENIED AS MOOT.

IT IS SO ORDERED.
DATED:

February 24, 2016

BY THE COURT:
s/John L. Kane
Senior U.S. District Court Judge

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