United States of America v. Locklear's Personal Property et al

Filing 17

DEFAULT JUDGMENT in favor of United States of America against A 2008 Chevrolet Silverado. The case shall remain open only as to the single defendant not in default, that is, a 2016 Ford F-250 Truck, VIN: 1FT7W2BT2GED44572, and the soleinterested party thereto, that is, Ford Motor Credit Company LLC. Signed by Chief Judge James C. Dever III on 12/29/2017. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
NO.
7:17-CV-143-D

UNITED STATES OF AMERICA,

)
)
)
)
)
)

Plaintiff,
v.

LOCKLEAR'S PERSONAL PROPERTY, )
)
SPECIFICALLY DESCRIBED AS:
)
A 2008 CHEVROLET SILVERADO,
)
VIN: 2GCEK13M981236229;
)
A 2016 FORD F 250 TRUCK,
)
VIN: 1FT7W2BT2GED44572;
)
AND ANY AND ALL ATTACHMENTS
)
THEREON; AND ANY AND ALL
PROCEEDS FROM THE SALE OF SAID)
)
PROPERTY,
)
)

Defendants.

DEFAULT JUDGMENT AS TO CERTAIN DEFENDANTS

This matter is before the Court on Plaintiff's Motion for
Default Judgment.
was

served upon

It appearing that a Warrant of Arrest in rem
certain defendants,

that

is,

a

2008

Chevrolet

Silverado, VIN: 2GCEK13M981236229, in accordance with Supplemental
Rule G(3);

and that a copy of the verified Complaint herein was

served upon potential claimants,
Nicole

Harris,

Supplemental

and

Rule

Lumbee

G ( 4);

Brandon Darris Locklear,

Guaranty

and,

thus,

accordingly, the Court finds that:

Bank,
that

in
due

accordance
notice

was

Kelli
with
given

1.

Process

was

duly

issued

in

defendants were duly seized by the U.

this
S.

cause

and

certain

Department of Treasury

pursuant to said process;
2.

No other entitled persons have filed any claim to the

defendants nor answer regarding them within the time fixed by law,
except for lienholder Ford Motor Credit Company LLC pertaining to
the defendant a 2016 Ford F-250 Truck, VIN: 1FT7W2BT2GED44572;
3.

On November 2 9,

2 017,

this Court entered a Default in

this action against potential claimants, Brandon Darris Locklear,
Kelli Nicole Harris, and Lurnbee Guaranty Bank; and against certain
defendants, a 2008 Chevrolet Silverado, VIN: 2GCEK13M981236229, at
Docket Entry # 14;
4.

The well-plead allegations of the Complaint in respect to

the defendants are taken as admitted,

as no one has appeared to

deny the same.
Based upon the above findings, it is hereby
ORDERED, ADJUDGED AND DECREED that:
1.

Default judgment be and the same is hereby entered against

certain defendants,

that

is,

a

2008

Chevrolet

Silverado,

VIN:

2GCEK13M981236229; and against potential claimants, Brandon Darris
Locklear, Kelli Nicole Harris, Lumbee Guaranty Bank, and any other
known and unknown potential claimants, except for lienholder Ford

2

Motor Credit Company LLC pertaining to the defendant a 2016 Ford
F-250 Truck, VIN: 1FT7W2BT2GED44572.
The

2.

defendant,

2GCEK13M981236229,

a

2008

Chevrolet

VIN:

Silverado,

is forfeited to the United States of America

and no other right, title or interest shall exist therein;
3.

The Department of Treasury, Internal Revenue Service (IRS)

is hereby directed to dispose of the defendant,

a 2008 Chevrolet

Silverado, VIN: 2GCEK13M981236229, according to law; and
4.

Pursuant to Fed. R. Civ. P. 54(b), there is no just reason

to delay entry of final
Chevrolet

Silverado,

judgment against the defendant,

VIN:

2GCEK13M981236229.

The

a 2008

case

shall

remain open only as to the. single defendant not in default, that
is, a 2016 Ford F-250 Truck, VIN: 1FT7W2BT2GED44572, and the sole
interested party thereto, that is, Ford Motor Credit Company LLC.
SO ORDERED. This

fi

day of December 2017.

C. DEVER III
UNITED STATES DISTRICT JUDGE

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