United States of America v. Approximately $53,965.00 U.S. Currency and a 2003 Ford Mustang Cobra, Washington License Plate 309ZWW, VIN: 1FAFP48Y73F332371

Filing 50

ORDER RE 49 Motion for Entry of Final Order of Forfeiture. Signed by Senior Judge Justin L. Quackenbush. (SK, Case Administrator)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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UNITED STATES OF AMERICA,

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Plaintiff,
v.

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APPROXIMATELY $53,965.00 U.S.
CURRENCY and a 2003 FORD
MUSTANG COBRA,
WASHINGTON LICENSE PLATE
309ZWW, VIN:
1FAFP48Y73F332371,

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NO. 2:16-CV-00235-JLQ
ORDER RE: MOTION FOR ENTRY OF
FINAL ORDER OF FORFEITURE

Defendants.

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BEFORE THE COURT is the Government’s Motion for Entry of Final Order of
Forfeiture (ECF No. 49). On August 11, 2017, the Government filed a Settlement
Agreement (ECF No. 36) which resolved Rodney Allen Fisher, Jr.’s claims to the
Defendant property. On September 11, 2017, the Government obtained a Clerk’s Order of
Default against Ray James Noel and Michael Schroder. (ECF No. 47); (ECF No. 48).
Local Rule 55.1 states “obtaining a default judgment in federal court is a two-step process:
(1) entry of default and (2) entry of default judgment. A party must first file a motion for
entry of default, obtain a Clerk’s Order of Default, and then file a separate motion for
default judgment.” The Government has not filed a Motion for Entry of Default Judgment
against Noel or Schroder. Accordingly, entry of a final order of forfeiture is premature and
the Motion is Denied.

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ORDER - 1

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IT IS HEREBY ORDERED:

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49) is DENIED WITHOUT PREJUDICE.

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The Government may renew its Motion after moving for and obtaining
default judgment against Ray James Noel and Michael Schroder.

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The Government’s Motion for Entry of Final Order of Forfeiture (ECF No.

IT IS SO ORDERED. The Clerk is hereby directed to enter this Order and furnish

7 copies to counsel.
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Dated September 13, 2017.
s/ Justin L. Quackenbush
JUSTIN L. QUACKENBUSH
SENIOR UNITED STATES DISTRICT JUDGE

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ORDER - 2