United States of America v. Approximately 64 Dogs

Filing 25

ORDER entered by Judge Sara Darrow on November 10, 2016. The Court GRANTS the Government's Motion for Default, ECF No. 24, pursuant to Rule 55(a). The Government shall file a motion for default judgment within 14 days from the date of this order or risk the case's dismissal for lack of prosecution. (RS1, ilcd)

E-FILED

Thursday, 10 November, 2016 03:42:03 PM
Clerk, U.S. District Court, ILCD
IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
ROCK ISLAND DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.

Case No. 4:16-cv-04074-SLD

APPROXIMATELY 64 DOGS,
Defendants.
ORDER
On October 5, 2016, the United States moved for an Emergency Motion of Default to
protect the welfare of the dogs seized in the instant civil asset forfeiture proceeding. ECF No.
24. The motion is GRANTED.
Default must be entered against a party from “whom a judgment for affirmative relief is
sought [but] has failed to plead or otherwise defend,” Fed. R. Civ. P. 55(a), and, in its discretion,
a district court may grant a party’s subsequent motion for default judgment, Fed. R. Civ. P.
55(b); see also In re Catt, 368 F.3d 789, 793 (7th Cir. 2004). A default judgment establishes a
defendant’s liability as a matter of law. Dundee Cement Co. v. Howard Pipe & Concrete
Products, Inc., 722 F.2d 1319, 1323 (7th Cir. 1983); Breuer Elec. Mfg. Co. v. Toronado Sys. of
Am., Inc., 687 F.2d 182, 186 (7th Cir. 1982). Pursuant to Rule G(4) of the Supplemental Rules
for Admiralty or Maritime Claims and Asset Forfeiture Actions, the government must provide
notice and a copy of the complaint to potential claimants, who are required to file a claim and
then an answer with the district court. Supplemental Admiralty and Maritime Claims Rule G(4)–
(5). The claim may not be filed later than 30 days after the United States’ complaint, nor later
than 30 days after the date of final publication of notice of the filing of the complaint. 18 U.S.C.
§ 983(a)(4)(A).

According to the verified Complaint, executed on April 15, 2016, law enforcement
received information about the existence of an illegal dogfighting operation, and officers were
presented with photos, videos, and online postings by the defendants revealing that the
individuals named herein were participating in the operation. See Compl., ECF No. 1. The dogs
were seized on April 14, 2016, and are now being held by the American Society for the
Prevention of Cruelty to Animals (“ASPCA”), which assisted in seizing the dogs and has been
providing them medical care and shelter. Id at 10.
The Government provided direct notice of the forfeiture action to Ryan Hickman,
Stantrel Knight, Marcus Holmes, Maudie Traywick, Shurmean Carter, Yolanda Goldsmith, Iesha
Jones, Timon Mayfield, Elex Roberts, Phyllis McCoy, Traneisha Jordan, Rudolph Hall,
Simmeon Hall and Deaguise Hall. ECF Nos. 3, 4, 8. Each of these individuals was served with
Notice of a Civil Forfeiture Action and a verified Complaint by certified mail and by the U.S.
Mail. Id. Further, the Government published notice of the forfeiture on the official government
website, www.forfeiture.gov, as required by Rule G(4)(a)(iv)(C). Declaration of Publication 5,
ECF No. 23. The last publication occurred on June 22, 2016. Id.
In accordance with 18 U.S.C. § 983(a)(4)(A) and Supplemental Rule G(4) and (5), the
dates for the individuals named herein to file a claim on the property has long passed. Ryan
Hickman, Stantrel Knight, Marcus Holmes, Maudie Traywick, Shurmean Carter, Yolanda
Goldsmith, Iesha Jones, Timon Mayfield, Elex Roberts, Phyllis McCoy, Traneisha Jordan,
Rudolph Hall, Simmeon Hall and Deaguise Hall have not filed a claim or answer seeking to
contest forfeiture of any of the 64 defendant dogs. Based on their failure to appear, these
individuals are defaulted and foreclosed from contesting forfeiture of any of the 64 defendant
dogs. The Court finds it appropriate to enter default against Ryan Hickman, Stantrel Knight,

Marcus Holmes, Maudie Traywick, Shurmean Carter, Yolanda Goldsmith, Iesha Jones, Timon
Mayfield, Elex Roberts, Phyllis McCoy, Traneisha Jordan, Rudolph Hall, Simmeon Hall and
Deaguise Hall, and against the following twenty-seven dogs on which no claims have been
made:
a. Fifteen pit bull dogs seized from at 514 14th Avenue, Rock Island, Illinois (CATS ID: 16-FBI002706):
1 Black and White Female Pit Bull - Serial No: IL-1A-01
1 Black and White Male Pit Bull - Serial No: IL-1A-02
1 Black Male Pit Bull - Serial No: IL-1A-03
1 Brown and White Female Pit Bull - Serial No: IL-1A-04
1 Brown and White Female Pit Bull - Serial No: IL-1A-06
1 Black and White Male Pit Bull - Serial No: IL-1A-07
1 Black Female Pit Bull - Serial No: IL-1A-08
1 Tan and White Female Pit Bull - Serial No: IL-1A-09
1 Black and White Female Pit Bull - Serial No: IL-1A-10
1 Tan and Black Male Pit Bull - Serial No: IL-1A-11
1 Tan and Black Male Pit Bull - Serial No: IL-1A-12
1 Black and White Male Pit Bull - Serial No: IL-1A-13
1 Black and White Female Pit Bull - Serial No: IL-1A-14
1 Black and White Male Pit Bull - Serial No: IL-1A-15
1 Tan and Black Female Pit Bull - Serial No: IL-1A-16
b. Five pit bull dogs seized from 508 6th Street, Rock Island, Illinois (16-FBI- 002708):
1 Brown Male Pit Bull - Serial No: IL-2C-01
1 Black and White Female Pit Bull - Serial No: IL-2C-02
1 Black Male Pit Bull - Serial No: IL-2C-03
1 Black Male Pit Bull - Serial No: IL-2C-04
1 Black and White Pit Bull - Serial No: IL-2C-05
c. Six pit bull dogs Seized from 4002 20th Avenue, Rock Island, Illinois (16-FBI-002723):
1 Tan Female Pit Bull - Serial No: IL-7E-01
1 Tan Female Pit Bull - Serial No: IL-7E-02
1 Tan Male Pit Bull - Serial No: IL-7E-03
1 Black and White Male Pit Bull - Serial No: IL-7E-05
1 Black and White Female Pit Bull - Serial No: IL-7E-06
1 Black and White Male Pit Bull - Serial No: IL-7E-07
d. One pit bull dog seized from 914 14th Avenue, Rock Island, Illinois (16-FBI-002733):
1 Grey and White Female Pit Bull - Serial No: IL-9E-01

CONCLUSION
The Court GRANTS the Government’s Motion for Default, ECF No. 24, pursuant to
Rule 55(a). The Government shall file a motion for default judgment within 14 days from the
date of this order or risk the case’s dismissal for lack of prosecution.
Entered November 10, 2016.
s/ Sara Darrow
SARA DARROW
UNITED STATES DISTRICT JUDGE