USA v. The Premises and Real Property with all Buildings, Appurtenances, and Improvements, Located at 118 Keeler Street, Rochester, New York

Filing 29

ORDER granting 27 Motion for Default Judgment. Clerk to close case. (MES)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
Plaintiff,
v.

07-CV-6068T
DEFAULT JUDGMENT AND
ORDER OF FORFEITURE

THE PREMISES AND REAL PROPERTY WITH
ALL BUILDING, APPURTENANCES, AND
IMPROVEMENTS, LOCATED AT 118 KELLER
STREET, ROCHESTER, NEW YORK,
Defendant.

The plaintiff, the United States of America, has moved for a
Default Judgment pursuant to Federal Rules of Civil Procedure
55(b)(2), and for an Order of Forfeiture.

After reviewing the

affidavit of Assistant United States Attorney Grace M. Carducci
dated October 4, 2011, and, it appearing that no claimant has
timely filed a Verified Claim and Answer in this action, as
required by the Notice that was served upon them, as provided by
Rule G(5) of the Supplemental Rules for Certain Admiralty and
Maritime Claims and Asset Forfeiture Actions and Title 18, United
States Code, Section 983(a)(4)(A) and, it appearing that an Entry
of Default against the defendant property has been entered in this
action by the Clerk of the Court, and that the plaintiff is
entitled to have a Judgment by Default entered, it is hereby
ORDERED,

ADJUDGED

AND

DECREED,

that

entered against the defendant property; and

Default

Judgment

be

FURTHER, that the defendant premises and real property with
all buildings, appurtenances, and improvements, located at 118
Keller Street, Rochester, New York, is forfeited to the United
States of America pursuant to Title 21, United States Code, Section
881(a)(7), and that all right title and interest to the defendant
real property is hereby condemned, forfeited and vested in the
United States of America and shall be disposed of by the United
States Marshals Service or any other authorized law enforcement
officer according to law; and
FURTHER, that pending the final disposition of the defendant
real property, the Unites States of America, through the United
States Department of Justice and/or the United States Marshals
Service,

is

authorized

to

contact

any

and

all

current

occupants/tenants/lessees of the real property; to serve a copy of
this Order upon such occupants/tenants/lessees directing that if
necessary entering into a formal occupancy agreement, the terms
therein left to the discretion of the United States Marshals
Service or upon 30 days notice the United States Marshals Service
may evict any occupants/tenants/lessees and secure any personal
property remaining at the property; and
FURTHER, that any claims to the defendant property are hereby
forever barred; and

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IT IS FURTHER ORDERED that the United States District Court
shall retain jurisdiction in the case for the purpose of enforcing
this Order.
ALL OF THE ABOVE IS SO ORDERED.
s/Michael A. Telesca
MICHAEL A. TELESCA
United States District Judge
Dated:

Rochester, New York
November 14, 2011

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