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United States v. Real Property at 6698 Dam Cove Road

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

August 6, 2019

United States of America, Plaintiff,
v.
The real property at 6698 Dam Cove Road, Conover, North Carolina, more particularly described in a Warranty Deed to Lake Hickory Holdings, LLC filed in Catawba County on July 7, 2015 at Deed Book 03297 Pages 1458-1459; and The real property at 8102 Evanston Falls Road, Huntersville, North Carolina, more particularly described in a Warranty Deed to 8102 Evanston Falls Road, LLC filed in Mecklenburg County on April 1, 2016 at Deed Book 30708 Pages 157-158, Defendants.

          DEFAULT JUDGMENT

          ROBERT J. CONRAD, JR. 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), (Doc. No. 29), requesting that this Court enter Default Judgment as to the assets identified herein in this case. For good cause shown, this Court hereby GRANTS the Motion and FINDS AS FOLLOWS:

         BACKGROUND

         On October 26, 2018, the United States filed a Complaint, (Doc. No. 1), against the Defendant Real Properties captioned above. The Complaint alleged that the Defendant Real Properties were proceeds of wire fraud and conspiracy, and properties involved in illegal monetary transactions, all such alleged offenses related to conduct by Robert Boston and Robert LaBarge, who were prosecuted and found guilty in United States v. Boston, et. al. (No. 3:17-cr-114).

         Pursuant to Federal Rules of Civil Procedure, Supplement Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, Rule G(4)(a), for thirty days beginning on November 2, 2018, the Government provided Notice by Publication, (Doc. No. 11), of this action. Further, as set forth more fully in the Government's Notice of Service (Direct Notice), (Doc. No. 2), the Government mailed direct notice of the Complaint to the following individuals and entities:

• Caron Lee Boston;
• Justin Boston;
• Robert Boston;
• Lake Hickory Holdings, LLC
• 8102 Evanston Falls Road, LLC
• Kendall Mosing;
• Kyle Busch Motorsports, Inc.; and
• Counsel for the various entities and individuals.

Ultimately, only Caron Shettle (also known as Caron Boston), Justin Boston, Lake Hickory Holdings, LLC, and 8102 Evanston Falls Road, LLC filed Claims, (Doc. Nos. 3, 4, 5, and 6), and the parties settled those Claims via a ...


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