United States of America v. Approximately $53,965.00 U.S. Currency and a 2003 Ford Mustang Cobra, Washington License Plate 309ZWW, VIN: 1FAFP48Y73F332371
ORDER RE 49 Motion for Entry of Final Order of Forfeiture. Signed by Senior Judge Justin L. Quackenbush. (SK, Case Administrator)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
UNITED STATES OF AMERICA,
APPROXIMATELY $53,965.00 U.S.
CURRENCY and a 2003 FORD
WASHINGTON LICENSE PLATE
ORDER RE: MOTION FOR ENTRY OF
FINAL ORDER OF FORFEITURE
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.
ORDER - 1
IT IS HEREBY ORDERED:
49) is DENIED WITHOUT PREJUDICE.
The Government may renew its Motion after moving for and obtaining
default judgment against Ray James Noel and Michael Schroder.
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.
Dated September 13, 2017.
s/ Justin L. Quackenbush
JUSTIN L. QUACKENBUSH
SENIOR UNITED STATES DISTRICT JUDGE
ORDER - 2
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