United States of America v. $13,950.00 in United States Currency

Filing 21

ORDER granting 20 Motion to Strike by USA. The Court finds that Joseph Letual has failed to comply with Court's Orders and has failed to plead and otherwise defend his Claim, his Claim is in default, and his Claim is hereby stricken. The Clerk is directed to enter default against Joseph Letual pursuant to FRCvP 55(a). Signed by District Judge Richard Voorhees on 7/8/2011. (cbb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL NO. 5:10CV71
UNITED STATES OF AMERICA

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v.
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$13,950.00 IN UNITED STATES
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CURRENCY,
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Defendant.
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______________________________________ )

ORDER
STRIKING and DEFAULTING
the CLAIM of
CLAIMANT JOSEPH LETUAL

WHEREAS, the United States filed a Verified Complaint for Forfeiture in Rem against
the defendant property on June 15, 2010;
WHEREAS, the Complaint alleges that the defendant property is proceeds traceable to
transactions and exchanges for controlled substances or property used or intended to be used to
facilitate such transactions and is, therefore, subject to forfeiture to the United States pursuant to
21 U.S.C. § 881(a)(6);
WHEREAS, Joseph Letual filed a Claim and Answer on July 29, 2010;
WHEREAS, on November 3, 2010, the Court entered an Order compelling Joseph Letual
to answer the United States’ Special Interrogatories under Rule G(6) of the Supplemental Rules for

Admiralty or Maritime and Asset Forfeiture Claims, Title 28, U.S.C. Appendix, by November 24,
2010;
WHEREAS, Joseph Letual has failed to comply with that Order;
WHEREAS, on December 13, 2010, the Court issued an Order to Joseph Letual to Show

Cause by December 27, 2010, why his counsel’s Motion to Withdraw and the United States’
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Motion to Strike his Claim should not be granted;
WHEREAS, Joseph Letual has failed to comply with that Order;

WHEREAS, the United States has moved the Court to strike and default the Claim of
Joseph Letual under Fed. R. Civ. P. 37(b), Fed. R. Civ. P. 55(a), and Rule G(8)(c) of the
Supplemental Rules for Admiralty or Maritime and Asset Forfeiture Claims, Title 28, U.S.C.
Appendix, and the Court finds that the United States has shown good cause; and
WHEREAS, the Court finds that all necessary service on Joseph Letual has been
accomplished in compliance with law.
NOW, THEREFORE, the Court finds, pursuant to Fed. R. Civ. P. 37(b), Fed. R. Civ. P.
55(a), and Rule G(8)(c) of the Supplemental Rules for Admiralty or Maritime and Asset
Forfeiture Claims, Title 28, U.S.C. Appendix, that Joseph Letual has failed to comply with the
Court’s Orders, that he has failed to plead and otherwise defend his Claim, that his Claim is in
default, and that his Claim is hereby stricken.
The Clerk is directed to enter default against Joseph Letual pursuant to Fed. R. Civ. P.
55(a).

Signed: July 8, 2011

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