United States District Court, W.D. North Carolina, Asheville Division
DEFAULT JUDGMENT AND FINAL ORDER AND JUDGMENT OF
Reidinger United States District Judge.
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.
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.].
Direct Notice and Notice by Publication
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.
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
Settlement of Claims
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].
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.
Entry of Default
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.