United States of America v. Real Property Located at 20 Kassing Drive, Fairview Heights, St. Clair County, Illinois

Filing 33

ORDER DIRECTING clerk to enter default judgment against Lennil L. Johnson, and further granting 30 MOTION to Quash Subpoena filed by United States of America, and 32 MOTION to Quash SUBPOENA filed by Thomas A Lechien. Lennil L Johnson terminated. Signed by Chief Judge David R. Herndon on 2/20/2014. (mtm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
UNITED STATES OF AMERICA,
Plaintiff,

v.

REAL PROPERTY LOCATED AT
20 KASSING DRIVE, FAIRVIEW
HEIGHTS, ST. CLAIR COUNTY,
ILLINOIS, AND ALL ATTACHMENTS,
IMPROVEMENTS, AND
APPURTENANCES THERETO,
Defendant.
HERNDON, Chief Judge:

No. 13-cv-298-DRH-SCW
MEMORANDUN & ORDER

This comes before the Court for purposes of case management and in the
furtherance of judicial efficiency. On February 10, 2014, this Court determined
Lennil L. Johnson’s claim to the Real Property at issue (Doc. 14) is untimely,
frivolous, false, fraudulent, and in violation of 18 U.S.C. § 983(h).

The Court

further struck his motion to dismiss (Doc. 16) and struck and alternatively denied
with prejudice his remaining motions (Docs. 22 and 23). At that time, the Court
stated its intent to enter default judgment against Johnson at the end of the case.
Johnson has additionally been directed to show cause by March 10, 2014, as to
why monetary sanctions should not be imposed against him.
While the Court initially intended to enter default judgment against
Johnson at the end of the case, Johnson’s repeated abuse of judicial resources,
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namely, his use of clerk-issued subpoenas as a bad-faith means to unduly harass,
requires this Court to enter default judgment at this time against Johnson.
Johnson’s claim is frivolous, false, and fraudulent. His use of the numerous
outstanding clerk-issued subpoenas is in violation of FEDERAL RULE

OF

CIVIL

PROCEDURE 45. He is not a proper party to this action and is abusing the Court’s
subpoena power. On this basis, the Court expressly determines that there is no
just reason to delay entry of default judgment solely against Johnson. See Fed. R.
Civ. P. 54(b). Thus, the Clerk is instructed to enter final judgment against Lennil
L. Johnson.
While final judgment shall be entered against Johnson instanter, the Court
reminds Johnson that the issue of sanctions is still outstanding, as he has been
directed to show cause by March 10, 2014, as to why sanctions should not be
entered. Moreover, Johnson’s harassing use of subpoenas in furtherance of his
frivolous claim further bolsters this Court’s inclination that monetary sanctions
are in fact warranted.
On the basis of the above, the pending motions to quash subpoenas are
GRANTED (Docs. 30 and 32). A response from Johnson to the government’s
motion to quash subpoena (Doc. 30) is no longer necessary and shall not be
considered by the Court. Johnson is not a party to this action. All outstanding
subpoenas issued to Lennil L. Johnson in relation to 13-cv-298-DRH-SCW are
hereby QUASHED.
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The remainder of the case shall proceed expeditiously. This matter is set
for a settlement conference before Magistrate Judge Williams on March 18, 2014,
at 9:00 a.m.
IT IS SO ORDERED.
Signed this 20th day of February, 2014.

Digitally signed by
David R. Herndon
Date: 2014.02.20
16:23:31 -06'00'
Chief Judge
U.S. District Court

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