United States of America v. $14,130.00 in U.S. Currency
Plaintiff: United States of America
Defendant: $14,130.00 in U.S. Currency
Interested Party: Trequile Burkett
Case Number: 1:2022cv01222
Filed: July 12, 2022
Court: US District Court for the Northern District of Ohio
Presiding Judge: Pamela A Barker
Nature of Suit: Forfeit/Penalty: Other
Cause of Action: 21 U.S.C. ยง 881 Forfeiture Property-Drugs
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 7, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 7, 2022 Opinion or Order Order [non-document] Currently pending before this Court is the United States' Motion for Default Judgment. (Doc. No. #3 .) Courts have found that the process for obtaining a default judgment set forth in Fed. Rules of Civil Procedure 55(a) and (b) applies to civil forfeiture actions. See U.S. v. $23,201.25, 2014 WL 7272298 at * 2 (E.D. Tenn. Dec. 18, 2014) ("The mechanics of Rule 55 of the Federal Rules of Civil Procedure concerning default also apply here [i.e., in a civil forfeiture action].") Thus, to obtain a "default judgment," the United States must first file an Application for Entry of Default under Fed. R. Civ. P. 55(a) with the Clerk. See, e.g., United States v. $22, 050.00, 595 F.3d 318 (6th Cir. 2010); United States v. $22,226.25, 763 F.Supp.2d 944, 946 (E.D. Tenn. 2011); U.S. v. $23,201.25, 2014 WL 7272298 at * 2. See also, e.g., United States v. $19,100, Case No. 3:21CV1588 (N.D. Ohio); United States v. 145 Payment Cards with a Value of $8,160.00, Case No. 3:18cv2038 (N.D. Ohio); United States v. 1997 Mercury Mountaineer, Case No. 1:12CV1725 (N.D. Ohio). The United States has failed to do so. Therefore, the United States' Motion for Default Judgment (Doc. No. #3 ) is DENIED WITHOUT PREJUDICE. Once the United States applies for entry of default with the Clerk and default is entered, the United States may re-file a motion for default judgment. Judge Pamela A. Barker on 9/7/2022.(P,K)
August 30, 2022 Filing 4 Notice of Service of Government's Motion for Default Judgment filed by United States of America. Related document(s) #3 .(DeBaggis, Henry)
August 29, 2022 Filing 3 Motion for default judgment filed by Plaintiff United States of America. (Attachments: #1 Govt Exhibit 1 Certified Receipt)(DeBaggis, Henry)
July 13, 2022 Filing 2 Warrant of Arrest in Rem for $14,130.00 issued to U.S. Marshal on 7/13/2022. (Attachments: #1 USM-285 Process and Return, #2 Notice to Potential Claimant). (L,MI)
July 13, 2022 Judge Pamela A. Barker assigned to case. (L,MI)
July 13, 2022 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (L,MI)
July 12, 2022 Filing 1 Complaint in Forfeiture against $14,130.00 in U.S. Currency. Filing fee exempt. Filed by United States of America. (Attachments: #1 Civil Cover Sheet, #2 Praecipe, #3 Warrant of Arrest in Rem, #4 USMS Process Return Receipt, #5 Notice to potential claimant, Trequile Burkett). (DeBaggis, Henry)

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Plaintiff: United States of America
Represented By: Henry F. DeBaggis, II
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Defendant: $14,130.00 in U.S. Currency
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Interested party: Trequile Burkett
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