United States of America v. Approximately 64 Dogs

Filing 29

ORDER entered by Judge Sara Darrow on December 2, 2016. The Court GRANTS the Government's 26 Motion for Default Judgment. The Court finds no just reason for delay, and directs entry of final judgment as to the 27 defaulted defendant dogs and the 14 defaulted potential claimants pursuant to Rule 54(b). Pursuant to 15 U.S.C § 1177 and 7 U.S.C. § 2156(f), the U.S. Marshal Service may dispose of the 27 defaulted defendant dogs according to law, including, if appropriate, transferring all right, title, and interest in any of these 27 dogs to a shelter or other appropriate organization. (RS1, ilcd)

E-FILED

Friday, 02 December, 2016 12:08:38 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 Court granted the motion on November 10, 2016, ECF No. 25, and the United States
immediately filed the instant Motion for Default Judgment, ECF No. 26. For the following
reasons, 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). Further, Federal Rule of Procedure 54(b) allows
the Court to direct partial entry of judgment as to one or more, but not all, claims in an action if
the Court finds “no just reason for delay.” Fed.R.Civ. P. 54(b).
The Government provided direct notice of the forfeiture action to Ryan Hickman,
Stantrel Knight, Marcus Holmes, Maudie Traywick, Shurmean Carter, Yolanda Goldsmith, Iesha
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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. The Court previously entered
default against the noticed individuals on November 10, 2016, because they were properly
served and had failed to plead or otherwise defend. See Nov. 10, 2016 Order. Nothing has
changed since that date, except the increased urgency of rehabilitating the dogs.
The 14 defaulted 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.
The unchallenged allegations of the Government’s verified forfeiture complaint establish that the
27 defaulted dogs were involved in, in any manner or part, the commission and/or facilitation of
the commission of a violation of 7 U.S.C. § 2156 (animals involved in a violation of the Animal
Welfare Act) and 15 U.S.C. §§ 1172-1175 (animals used as gambling devices), and are therefore
subject to forfeiture to the United States, pursuant to 15 U.S.C. § 1177 and 7 U.S.C. § 2156(f).
Therefore, 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, foreclosing their ability to contest the forfeiture of the dogs, 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):

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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 Judgment, ECF No. 26. The
Court finds no just reason for delay, and directs entry of final judgment as to the 27 defaulted
defendant dogs and the 14 defaulted potential claimants pursuant to Rule 54(b). Pursuant to 15
U.S.C § 1177 and 7 U.S.C. § 2156(f), the U.S. Marshal Service may dispose of the 27 defaulted
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defendant dogs according to law, including, if appropriate, transferring all right, title, and interest
in any of these 27 dogs to a shelter or other appropriate organization.
Entered December 2, 2016.
s/ Sara Darrow
SARA DARROW
UNITED STATES DISTRICT JUDGE

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