United States of America v. 2004 Audi A8 L Quattro, VIN WAUML44E2N006619

Filing 11

DEFAULT JUDGMENT. (WMC / PAO). Signed by District Judge William M. Conley on 12/2/2014. (voc)

Case: 3:14-cv-00582-wmc Document#: ·9 Filed: 12/01/14 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

UNITED STATES OF AMERICA,
Plaintiff,
v.

Case No.: 14-cv-5S2-wmc

ONE 2004 AUDI ASL QUATTRO,
VIN: WAUML44E2N006619,
Defendant.

GOVERNMENT'S APPLICATION FOR DEFAULT JUDGMENT

Plaintiff United States of America, by its attorney, John W. Vaudreuil, United States
Attorney for the Western District of Wisconsin, by Elizabeth Altman, Assistant United
States Attorney, hereby submits, pursuant to Rule 55 of the Federal Rules of Civil
Procedure, this Application for a Default Judgment of Forfeiture. The government makes
this request based on the following:
1.

On August 21, 2014, the government filed a Verified Complaint of Forfeiture

in rem against the defendant, One 2004 Audi ASL Quattro, VIN: WAUML44E2N006619

(defendant conveyance). The complaint alleges that the defendant conveyance was used,
or intended to be used, to facilitate the transportation, sale, receipt, possession, or
concealment of a controlled substance, in violation of Title II of the Controlled Substances
Act, 21 U.S.C. §§ SOl et seq. As such, the conveyance is subject to forfeiture pursuant to 21
U.S.C. § SS1(a)(4).

Case: 3:14-cv-00582-wmc Document#: 9 Filed: 12/01/14 Page 2 of 2

2.

Notice of the forfeiture action was served on all interested persons known by

the government. Ronald Kimbrough, Jr was provided notice of the complaint by certified
mail through his attorney, Farheen M. Ansari, on October 23, 2014. Ronald Kimbrough, Sr.
was provided notice of the complaint by certified mail on September 12, 2014. The
defendant conveyance was served on September 15, 2014.
3.

Notice of the forfeiture complaint was published on the official internet

government forfeiture site www.forfeiture.gov from September 20, 2014, through October
19, 2014.
4.

The government has not received any other claim or answer within the time

limits specified by Rule G (4) and (5) of the Supplemental Rules for Admiralty or Maritime
Claims and Asset Forfeiture Actions.
5.

Pursuant to Rule 55(a) of the Federal Rules of Civil Procedure, the Court may

enter a judgment for affirmative relief when there has been a failure to plead or otherwise
defend the complaint.
Based on the forgoing, the government asks that the Court enter a Default
Judgment of Forfeiture conveying all right, title, and interest in the defendant conveyance
to the United States of America.
Dated this~ day of December 2014.
JOHN W. VAUDREUIL
United States Attorney
By: /s/ Elizabeth Altman
ELIZABETH ALTMAN
Assistant U.S. Attorney
222 W. Washington Avenue
Suite 700
Madison, Wisconsin 53703
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Case: 3:14-cv-00582-wmc Document#: 10 Filed: 12/01/14 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

UNITED STATES OF AMERICA,
Plaintiff,
Case No.: 14-cv-5S2-wmc

V.

ONE 2004 AUDI ASL QUATTRO,
VIN: WAUML44E2N006619,
Defendant.

AFFIDAVIT OF ELIZABETH ALTMAN IN SUPPORT OF
APPLICATION FOR DEFAULT JUDGMENT OF FORFEITURE

STATE OF WISCONSIN)
) SS.

COUNTY OF DANE

)

I, Elizabeth Alhnan, being first duly sworn upon oath, hereby depose and say:
1.

I am an Assistant United States Attorney for the Western District of

Wisconsin and represent the United States of America in this action.
2.

On August 21, 2014, the government filed a Verified Complaint of

Forfeiture in rem against the defendant, One 2004 Audi ASL Quattro, VIN:
WAUML44E2N006619 (defendant conveyance). The complaint alleges that the
defendant conveyance was used, or intended to be used, to facilitate the transportation,
sale, receipt, possession, or concealment of a controlled substance, in violation of Title II
of the Controlled Substances Act, 21 U.S.C. §§ S01 et seq. As such, the conveyance is
subject to forfeiture pursuant to 21 U.S.C. § SS1(a)(4). Dkt. No. 1.

Case: 3:14-cv-00582-wmc Document#: 10 Filed: 12/01/14 Page 2 of 2

3.

Notice of the forfeiture action was served on all interested persons known

by the government. Ronald Kimbrough, Jr was provided notice of the complaint by
certified mail through his attorney, Farheen M. Ansari, on October 23, 2014. Ronald
Kimbrough, Sr. was provided notice of the complaint by certified mail on September 12,
2014. The defendant conveyance was served on September 15, 2014. Dkt. No. 8.
4.

Notice of the forfeiture complaint was published on the official internet

government forfeiture site www.forfeiture.gov from September 20, 2014, through
October 19, 2014. Dkt. No. 7.
5.

The government has not received any other claim or answer within the

time limits specified by Rule G (4) and (5) of the Supplemental Rules for Admiralty or
Maritime Claims and Asset Forfeiture Actions.
6.

Pursuant to Rule 55(a) of the Federal Rules of Civil Procedure, the Court

may enter a judgment for affirmative relief when there has been a failure to plead or
otherwise defend the complaint.

Is I Elizabeth Altman
ELIZABETH ALTMAN
Assistant United States Attorney
Subscribed and sworn to before me
this 1st day of December 2014.

Is/ Sharon A. Martin
SHARON A. MARTIN
Notary Public, State of Wisconsin
My Commission Expires: 08/10/2018

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

UNITED STATES OF AMERICA,
Plaintiff,
v.

Case No.: 14-cv-5B2-wmc

ONE 2004 AUDI AB L QUATTRO,
VIN: WAUML44E2N006619,
Defendant.

ORDER FOR DEFAULT JUDGMENT

The United States of America, by its attorney, John W. Vaudreuil, United States
Attorney for the Western District of Wisconsin, by Elizabeth Altman, Assistant United
States Attorney, filed a Verified Complaint of Forfeiture in rem against the defendant
2004 Audi AB L Quattro, VIN: WAUML44E2N006619.
The complaint alleged that the defendant conveyance was used, or intended to
be used, to facilitate the transportation, sale, receipt, possession, or concealment of a
'
.
controlled substance, in violation of Title II of the Controlled Substances Act, 21 U.S.C.
§§ BOl et ~eq. As such, the conveyance subject to forfeiture pursuant to 21 U.S.C.
§ BB1(a)(4).

·

Notice of this action was accomplished by personal service to all persons known
by the government to have an interest in the defendant conveyance. Notice of the
forfeiture complaint was also published on the official internet government forfeiture

site www.forfeiture.gov from September 20, 2014, through October 19, 2014. The
notices required that any claimant file a claim in this action.
No claim, answer, or responsive pleadings have been filed pursuant to Rule G (4)
and (5) of the Supplemental Rules for Admiralty or Maritime Claims and Asset
Forfeiture Actions.
The United States of America has made application to this Court for a default
judgment to be entered,
IT IS HEREBY ORDERED, ADJUDICATED, AND DECREED that:
1.

The Default Judgment of Forfeiture is hereby entered whereby all right,

title, and interest in the defendant 2004 Audi ASL Quattro, VIN: WAUML44E2N006619
is conveyed to the Plaintiff, United States of America.
2.

The United States Marshal Service is directed to dispose of the defendant

conveyance in accordance with federal law.

Entered this

5d'--

dayofDecember2014. ~{;4-L ~

fkOfCOUrt

PETER OPPENEERICI
United States District Court

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