UNITED STATES OF AMERICA v. ONE FULL MOUNT TAXIDERMIED FEMALE TIGER

Filing 14

ORDER granting 12 Motion for Default Judgment/Final Order of Forfeiture ***CIVIL CASE TERMINATED. Signed by Judge Esther Salas on 4/6/17. (sr, )

2015V01728/SD/sc

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA,

: Hon. Esther Salas, U.S.D.J.

Plaintiff,

: Civil Action No. 15-485 1 (ES)

v.

:

DEFAULT JUDGEMENT AND
FINAL ORDER OF FORFEITURE

ONE FULL MOUNTED
TAXIDERMIED FEMALE TIGER
(PANTHERA TIGRIS),
Defendant in Rem
WHEREAS, on or about June 30, 2015, the United States of America (the
“United States”) commenced a civil action for the forfeiture of one full mounted
taxidermied female tiger (Panthera Tigris) (the “Defendant Property”), by the
filing of a Verified Complaint for Forfeiture in Rem (the “Verified Complaint”);
WHEREAS, the Verified Complaint alleged that the Defendant Property is
subject to forfeiture to the United States pursuant to 16 U.S.C.

§ 1540(e)(4)(A),

as wildlife possessed, sold, purchased, offered for sale or purchase,
transported, delivered, received, carried, shipped, or exported in violation of the
Endangered Species Act and the regulations promulgated thereunder, and
pursuant to 19 U.S.C.

§ 1595a(c)(2)(B), because its importation or entry

requires a license, permit or other authorization of an agency of the United
States Government and the Defendant Property was not accompanied by such
license, permit, or authorization, to wit, a valid CITES Import Permit, in
accordance with 50 C.F.R. 23.20(e);
1

WHEREAS, on or about July 8, 2015, the United States filed a Notice of
Verified Complaint for Forfeiture in Rem (the “Notice of Complaint”);
WHEREAS, the Notice of Complaint stated that any person who wished
to assert an interest in and avoid forfeiture of the Defendant Property was
required to file a verified claim with the Clerk of the Court within thirty-five (35)
days after the date the Notice of Complaint was sent or the date of delivery, if
personally served;
WHEREAS, the Notice of Complaint also detailed the procedure for filing
a claim and answer;
WHEREAS, the United States learned that Olivier Jaillon appeared to
have potential claims to the Defendant Property;
WHEREAS, on or about July 8, 2015, the United States sent copies of
the Verified Complaint and the Notice of Complaint by certified mail, return
receipt requested, to Mr. Jaiulon’s attorney, Jeremy Klausner, as required by
Rule G(4)(b) of the Supplemental Rules for Admiralty or Maritime Claims and
Asset Forfeiture Actions of the Federal Rules of Civil Procedure (the
“Supplemental Rules”);
WHEREAS, copies of the Verified Complaint and the Notice of Complaint
were delivered to Jeremy Klausner on or about July 10, 2015;
WHEREAS, the United States posted notice of this forfeiture action on an
official government internet site, http://www.forfeiture.gov, beginning on July
15, 2015, and running for thirty consecutive days, through August 13, 2015,
as required by Rule G(4)(a)(iv)(C) of the Supplemental Rules;
2

WHEREAS, on August 10, 2015, Oliver Jaillon, through his attorney
Jeremy Klausner, filed a verified claim to the Defendant Property;
WHEREAS, on January 30, 2017, Olivier Jaillon, through his attorney
Jeremy Klausner, withdrew his verified claim to the Defendant Property;
WHEREAS, no other claims or answers were filed or made in this action,
no other parties have appeared to contest the action to date, and the statutory
time periods in which to do so have expired;
IT IS HEREBY, ORDERED, ADJUDGED AND DECREED:
1.

THAT a Default Judgment is granted and hereby entered against

the Defendant Property, one full mounted taxidermied female tiger (Panthera
Tigris);
2.

THAT all right, title and interest in the Defendant Property is

hereby forfeited to the United States for disposition according to law;
3.

THAT a Final Order of Forfeiture as to the Defendant Property is

hereby entered accordingly; and
CiO&C
4. —rh cev o4- CO)(r
The Clerk is hereby directed to send copies to all counsel of record.
ORDERED this

‘day of

,

2017.

HOWORABLWSTI)lER SALAS
United S Ditict Judge

3