United States of America v. 576 Barrels of Honey

Filing 17

ORDER granting 15 Motion for Default Judgment. The Clerk of Court is directed to close the case. Signed by Judge William T. Moore, Jr on 5/29/15. (wwp)

FILED

IN THE UNITED STATES DISTRICT COURT FORUS DLSTRiCT COURT
SPVANM\H DIV.
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

MAY 29 Z015

UNITED STATES OF AMERICA,
CLERK

Plaintiff,
CASE NO. CV414-035

Im

576 BARRELS OF HONEY,
Defendant.
DEFAULT JUDGMENT
AND FINAL ORDER OF FORFEITURE AND DISTRIBUTION

Plaintiff United States of America has moved this
Court, pursuant to Fed. R. Crim. P. 55, for the entry of a
Default Judgment and Final Order of Forfeiture and
Distribution against Defendant 576 Barrels of Honey
('Defendant Property"), as well as against Jun Yang; ShEng
Tai Yang; YST Foods, Inc.; Williams Clark Company, Inc.;
and their heirs, successors, and assigns and all other
persons and entities having an interest in the Defend.nt
Property. Plaintiff has shown (1) that there was reasonable
cause to seize Defendant Property; (2) that a Verified
Civil Complaint for Forfeiture In Rem was filed pursuant to
19 U.S.C. § 1595a(c) (1) (A) as merchandise that was
introduced or attempted to be introduced into the United
States contrary to law, and was smuggled or clandestinely
introduced into the United States, contrary to 18 U.S.C.

GA

§ 541, 18 U.S.C. § 542, or lB U.S.C. § 545; and (3) that
all other unknown potential claimants have been served by
publication. As reflected by the record in this case, 211
persons and entities having interest in Defendant Property
have failed to appear, file a claim or answer, or otherwise
defend the action. No person with standing is before the
Court with cause to show why judgment by default should not
be granted to Plaintiff and against Defendant Property.
Furthermore, no person with standing is before the Court to
object to the Application for Default Judgment and Motion
for Final Order of Forfeiture and Distribution.
Therefore, it is hereby ORDERED:
1.

The United States' Application for Default Judgment
and Motion for Final Order of Forfeiture and
Distribution are GRANTED;

2.

The Defendant Property is hereby condemned and
forfeited to the United States of America; and all
right,

title,

and interest to Defendant

claim,

Property by Jun Yang; Sheng Tai Yang; YST Foods, Inc.;
Williams Clark Company,

Inc.;

and their heirs,

successors, and assigns and all other persons and
entities are vested in the United States of America;
3.

Jun Yang; Sheng Tai Yang; YST Foods, Inc.; Williams
Clark Company, Inc.; and their heirs, successors and

41

assigns and all other persons and entities are forever
barred from asserting a claim against Defend2Lnt
Property;
4.

Customs and Border Protection, Homeland Security
Investigations of the Department of Homeland Security,
or an authorized designee are to dispose of Defendant
Property according to law and regulatory provisions;

5.

Customs and Border Protection, Homeland Security
Investigations of the Department of Homeland Security,
or an authorized designee shall pay all expenses
related to the seizure and forfeiture of Defendant
Property;

6.

The

Clerk of Court

judgment

is

hereby

DIRECTED

to

enter

pursuant Rule 58 of the Federal Rules of

Civil Procedure upon the same terms and conditions as
outlined in this Default Judgment and Final Order of
Forfeiture and Distribution, and to close this case.
SO ORDERED this

2

day of May 2015.

WILLIAM T. MOORE,3R
UNITED STATES DISTRICT COUR
SOUTHERN DISTRICT OF GEORGI2

3