United States of America v. US Currency $31,680.00

Filing 8

ORDER granting 6 Motion for Default Judgment. Signed by Chief Judge Robert J. Conrad, Jr on 3/31/2012. (tmg)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:11-cv-506-RJC-DSC
UNITED STATES OF AMERICA,
Plaintiff,
vs.
US CURRENCY $31,680.00,
Defendant.

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ORDER

THIS MATTER comes before the Court upon Plaintiff’s Motion for Default Judgment,
(Doc. No. 6), filed on March 15, 2012.
I.

BACKGROUND
Plaintiff United States of America (“Plaintiff”) filed its Complaint, (Doc. No. 1), on

October 12, 2011, together with a supporting Affidavit from Special Agent Lisa D. Mayberry of
the United States Postal Inspection Service. This Court found probable cause for forfeiture and
issued a warrant for arrest in rem. See (Doc. No. 6 at 1). Plaintiff identified in the Complaint all
known persons who may have potential claims to the Defendant Property and attempted to serve
them with copies of the Complaint by certified mail, return receipt requested, at their last known
addresses. See (Doc. No. 6 at 1). As to all persons in the world with potential claims to the
Defendant Property, service of process was made by publishing via www.forfeiture.gov, October
13, 2011 through November 11, 2011 as shown on the Submission of Declaration of Publication
dated November 14, 2011, and filed on November 14, 2011. (Doc. No. 3); see also Rule
G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty or Maritime Claims and Asset
Forfeiture Actions.

Pursuant to 21 U.S.C. § 881, any person claiming a legal interest in the Defendant
Property had until December 12, 2011 to file a verified claim and, pursuant to Federal Rule of
Civil Procedure 12(a)(1)(A)(i), until January 3, 2012 file an Answer to Plaintiff’s Complaint.
Plaintiff filed a Motion for Entry of Default, (Doc. No. 5), on March 15, 2012 and the Clerk of
Court entered default on the same day, (Doc. No. 7). See FED . R. CIV . P. 55(a); 18 U.S.C. §
983(a)(4)(A); Rule G(5) of the Supplemental Rules for Admiralty or Maritime Claims and Asset
Forfeiture Actions; (Doc. No. 3-1 at 2) (“The verified Claim and Answer must be filed with the
Clerk of Court. . . or default and forfeiture will be ordered.”).
Plaintiff states, upon information and belief, that “no person has filed a claim or answer
within the time required by the Complaint, the public notices, or Rule C(6) of the Supplemental
Rules for Certain Admiralty and maritime claims.” (Doc. No. 6 at 2). Plaintiff filed a Motion
for Default Judgment, (Doc. No. 6), on March 15, 2012.
II.

DISCUSSION
Having reviewed the claims asserted in the Complaint, (Doc. No. 1), and the evidence

submitted in connection with Plaintiff’s Motion for Default Judgment, (Doc. No. 6), the Court
finds that Plaintiffs’ Motion should be, and hereby is, GRANTED.
III.

CONCLUSION
IT IS, THEREFORE, ORDERED that Default Judgment of Forfeiture is entered

against the Defendant Property.

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Signed: March 31, 2012

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