United States of America v. 2003 CADILLAC VIN 3GYFK66N53G336523

Filing 10

DEFAULT JUDGMENT in favor of United States of America and against 2003 CADILLAC VIN 3GYFK66N53G336523. Entered by Judge Sue E. Myerscough on 2/29/2012. (MAS, ilcd)

E-FILED

Wednesday, 29 February, 2012 05:35:37 PM
Clerk, U.S. District Court, ILCD

IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION
UNITED STATES OF AMERICA,

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Plaintiff,
v.
2003 CADILLAC ESCALADE,
VIN #3GYFK66N53G336523,
Defendant.

No. 11-cv-03379

OPINION
SUE E. MYERSCOUGH, U.S. District Judge:
This cause is before the Court upon Plaintiff’s Motion for Default
Judgment (d/e 9). On October 7, 2011, Plaintiff filed its Complaint (d/e
1), seeking affirmative relief against the defendant property, 2003
Cadillac Escalade VIN #3GYFK66N53G336523, which is titled in the
name of Jessica Montgomery. Plaintiff applied to this Court for an entry
of default on February 2, 2012 (d/e 7). The Court entered default
against the defendant property, Jessica Montgomery, and all other known
and unknown potential claimants on February 2, 2012. See d/e 8. This
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Court now rules on Plaintiff’s Motion for Default Judgment (d/e 9).
WHEREAS, Plaintiff has moved this Court for the entry of a final
judgment by default pursuant to Rule 55(b)(2) of the Federal Rules of
Civil Procedure, against the defendant property, Jessica Montgomery,
and any other known and unknown potential claimants, and for the
forfeiture of the defendant;
WHEREAS, Plaintiff has shown that there is probable cause to
believe that the defendant constitutes or is derived from proceeds
traceable to violations of 18 U.S.C. § 1343 (wire fraud), or is property
used in violation of 18 U.S.C. § 1957 (engaging in monetary transactions
derived from a specified unlawful activity of a value greater than
$10,000) and is, therefore, subject to forfeiture to the United States of
America pursuant to 18 U.S.C. § 981(a)(1).
WHEREAS, service of process requirements have been met, all
potential claimants, known and unknown, have received notice by
publication of the pendency of this action, and no one has timely filed a
claim and answer to defend the defendant property;

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WHEREAS, the potential claimants are not infants or incompetent
persons and are not in the military within the purview of the Soldiers and
Sailors Civil Relief Act of 1940, as amended;
WHEREAS, on February 2, 2012, the Court granted Plaintiff’s
Motion for Entry of Default (d/e 7) against the defendant property,
Jessica Montgomery, and any other known and unknown potential
claimants. See d/e 8.
THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED
AS FOLLOWS:
1. That a judgment of default is hereby entered against the
defendant property, Jessica Montgomery, and any other known and
unknown potential claimants.
2. The defendant property is hereby forfeited to Plaintiff and no
other right, title, or interest shall exist therein.
3. This cause is dismissed with prejudice.
IT IS SO ORDERED.
ENTERED: February 29, 2012

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FOR THE COURT:

s/ Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE

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