Opinion
Civil Action No. 12-cv-01433-REB-MJW
04-08-2013
Judge Robert E. Blackburn
ORDER ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before me is the magistrate judge's Recommendation Regarding The United States' Motion for Default and Final Order of Forfeiture as to Certain Defendants [#58], filed March 19, 2013. No objection having been filed, I review the recommendation for plain error only. See Morales-Fernandez v. Immigration & Naturalization Service , 418 F.3d 1116, 1122 (10th Cir. 2005). Finding no such error in the magistrate judge's recommended disposition, I find and conclude that the recommendation should be approved and adopted. I further find and conclude that there is no just reason for delay and therefore that this order should be made final pursuant to Fed. R. Civ. P. 54(b).
"[#58]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.
After considering carefully all factors relevant to certification of a final judgment under Fed. R. Civ. P. 54(b) as codified and construed, see, e.g., Stockman's Water Co., LLC v. Vaca Partners, L.P. , 425 F.3d 1263 (10th Cir. 2005); Oklahoma Turnpike Authority v. Bruner , 259 F.3d 1236 (10th Cir. 2001), I conclude and determine expressly 1) that there is no just reason for delay and 2) that the judgment should be certified as a final judgment. See Curtiss-Wright Corp. v. General Electric Co. , 446 U.S. 1, 7, 100 S.Ct. 1460, 1464, 64 L.Ed.2d 1 (1980); Stockman's Water Co. , 425 F.3d at 1265. Entry of a final judgment will resolve fully and finally the only dispute between the parties to this motion. In the specific context of the claims of the government against the defendants implicated by the present order, my order and concomitant judgment constitute "an ultimate disposition of an individual claim entered in the course of a multiple claims action." Oklahoma Turnpike Authority , 259 F.3d at 1242 (internal quotation marks and citation omitted). Contrastingly, without entry of a final judgment, defendants may not appeal my order until the myriad separable issues and claims involving other defendants are resolved. There is no just reason to delay possible appellate review of my discreet order concerning this discreet motion involving discreet claims until I have resolved conclusively all other pending claims and issues extant among the parties. See id.
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THEREFORE, IT IS ORDERED as follows:
1. That the magistrate judge's Recommendation Regarding The United States' Motion for Default and Final Order of Forfeiture as to Certain Defendants [#58], filed March 19, 2013, is APPROVED AND ADOPTED as an order of this court;
2. That the government's Motion for Default and Final Order of Forfeiture as to Certain Defendants [#56], filed March 18, 2013, is GRANTED;
3. That pursuant to 21 U.S.C. § 881, default and forfeiture, including all right, title, and interest, is ENTERED in favor of plaintiff, the United States, and against defendants, $2,280.00 in United States Currency; gold and diamond bracelet; $5,560.00 in United States Currency; $760.00 in United States Currency; six silver bars; $1,988.00 in United States Currency; and $7,910.00 in United States Currency;
4. That plaintiff, United States, SHALL HAVE full and legal title to defendants, $2,280.00 in United States Currency; gold and diamond bracelet; $5,560.00 in United States Currency; $760.00 in United States Currency; six silver bars; $1,988.00 in United States Currency; and $7,910.00 in United States Currency, and may dispose of said property in accordance with law;
5. That pursuant to 28 U.S.C. § 2465, this default and final order SHALL SERVE as a Certificate of Reasonable Cause as to defendants, $2,280.00 in United States Currency; gold and diamond bracelet; $5,560.00 in United States Currency; $760.00 in United States Currency; six silver bars; $1,988.00 in United States Currency; and $7,910.00 in United States Currency, under 28 U.S.C. § 2465;
6. That judgment SHALL ENTER in favor of plaintiff, the United States of America, and against defendants, $2,280.00 in United States Currency; gold and diamond bracelet; $5,560.00 in United States Currency; $760.00 in United States Currency; six silver bars; $1,988.00 in United States Currency; and $7,910.00 in United States Currency, as set forth herein;
7. That defendants, $2,280.00 in United States Currency; gold and diamond bracelet; $5,560.00 in United States Currency; $760.00 in United States Currency; six silver bars; $1,988.00 in United States Currency; and $7,910.00 in United States Currency, are DROPPED as named parties to this action, and the case caption AMENDED accordingly; and
8. That there being no just reason for delay, this order is expressly made final pursuant to Fed. R. Civ. P. 54(b); and
Dated April 8, 2013, at Denver, Colorado.
BY THE COURT:
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Robert E. Blackburn
United States District Judge