Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. 318 Jody Street, East Flat Rock, Henderson County, North Carolina

United States District Court, W.D. North Carolina, Asheville Division

April 21, 2017

United States of America
v.
318 Jody Street, East Flat Rock, Henderson County, North Carolina, as described in Deed Book 851, at Page 485, in the Henderson County Registry, being real property, approximately .34 acres, together with the improvements, and attachments thereon; Lot Number 60 Jody Street, East Flat rock, Henderson County, North Carolina, as described in Deed Book 900, at Page 554, in the Henderson County Registry, being real property, approximately .18 acres, together with the improvements, and attachments thereon; Lot Number 61 Jody Street, East Flat rock, Henderson county, North Carolina, as described in Deed Book 900, at Page 554, in the Henderson County Registry, being real property, approximately .18 acres, together with the improvements, and attachments thereon. CIVIL NO. 1-DLH

          DEFAULT JUDGMENT AND FINAL ORDER AND JUDGMENT OF FORFEITURE

          Martin Reidinger United States District Judge.

         THIS MATTER is before the Court on the United States of America's Motion, pursuant to Fed.R.Civ.P. 55(b)(2) and applicable forfeiture law, for entry of Default Judgment and Final Order and Judgment of Forfeiture in this case. [Doc. 34]. For good cause shown, this Court will grant the Motion.

         I. BACKGROUND

         A. Complaint

         On February 9, 2015, the United States filed a verified Complaint for Forfeiture In Rem [Doc. 1] against the above captioned properties (“Jody Street Properties”) and another property (“Holmes Street Property”). The Complaint alleged that the Jody Street Properties and Holmes Street Property constituted proceeds of and facilitated controlled substances offenses, and were therefore subject to forfeiture pursuant to 21 U.S.C. § 881(a)(6) and (7). [Id.].

         B. Direct Notice and Notice by Publication

         Since Vivian Hunt and Harvey Hunt held title to the Jody Street Properties, Vivian Hunt and Veronica Quick appeared to hold an interest in the Holmes Street Property, and Dorothy Hunt was related to Vivian and Harvey, and appeared to reside at the Holmes Street Property, the Government then provided direct notice of the Complaint to Vivian Hunt, Harvey Hunt, Dorothy Hunt, and Veronica Quick. Details of the direct notice are set forth in Exhibit A to the Government's Motion for Default Judgment.

         In addition to the above detailed direct notice, the Government provided notice by publication as to all persons in the world with potential claims to the Defendant Property by publishing notice via www.forfeiture.gov from February 24, 2015 through March 25, 2015, as shown on the Submission of Declaration of Publication [Doc. 9] filed on March 26, 2015. Based on the foregoing, process was fully issued and returned according to law.

         C. Settlement of Claims

         On March 24, 2015, Vivian Hunt, Harvey Hunt, and Veronica Quick filed a verified Claim [Doc. 6]. The case was subsequently stayed, pending a criminal investigation, until September 2016 [Doc. 20]. On October 13, 2016, Vivian Hunt, Harvey Hunt, and Veronica Quick filed their Answers to the Complaint [Docs. 21, 22 & 23].

         Following issuance by the Court of a Pretrial Order [Doc. 28] in November 2016, the Government, Vivian Hunt, Harvey Hunt, and Veronica Quick entered into settlement negotiations. As a result of those negotiations and on Motion of the parties, on March 14, 2017, the Court signed and entered the Consent Order for Third Party Petitions [Doc. 30], dismissing the Holmes Street Property from this case and dismissing all claims to the Jody Street Properties.

         D. Entry of Default

         Based on the foregoing, on March 21, 2017, the Government filed a Motion for Entry of Default [Doc. 32] as to all persons except for Vivian Hunt, Harvey Hunt, and Veronica Quick. On March 21, 2017, the Clerk issued an Entry of Default [Doc. 33].

         II. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.