Filing 12

ORDER granting 10 Motion for Default Judgment. Signed by Judge W. Earl Britt on 7/7/10. (Cress, L.)

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UNITED STATES OF AMERICA v. A 2004 BMW 545i, VIN; WBANB335X4B108450 Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION NO. 5:10-CV-51-BR UNITED STATES OF AMERICA, Plaintiff, v. A 2004 BMW 545i, VIN: WBANB335X4B108450, AND ANY AND ALL PROCEEDS FROM THE SALE OF SAID PROPERTY, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) DEFAULT JUDGMENT This matter is before the Court on Plaintiff's Motion for Default Judgment. It appearing that a copy of the Complaint herein was served, or attempted to be served, upon the record owner and potential claimant of the defendant and that publication has been duly made, in accordance with Supplemental Rule G(4), and, thus, that due notice was given accordingly, the Court finds that: 1. Process was duly issued in this cause and the defendant were duly seized by the United States Department of Homeland Security pursuant to said process; 2. No entitled persons have filed any claim to the defendant nor answer regarding it within the time fixed by law; and 3. The well-plead allegations of the Complaint in respect to the defendant are taken as admitted, as no one has appeared to deny the same. Dockets.Justia.com Based upon the above findings, it is hereby ORDERED AND ADJUDGED that: 1. Default judgment be and the same is hereby entered against the defendant; 2. All persons claiming any right, title, or interest in or to the said defendant are held in default; 3. The defendant is forfeited to the United States of America; and 4. The United States Department of Homeland Security is hereby directed to dispose of the defendant according to law. This 7 July 2010. __________________________________ W. Earl Britt Senior U.S. District Judge 2

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