Opinion
CV 318-021
05-18-2018
UNITED STATES OF AMERICA, v. APPROXIMATELY SIXTY-THREE PIT BULL-TYPE DOGS SEIZED FROM 2083 ROZAR GOOLSBY ROAD, EASTMAN, GEORGIA
ORDER
Before the Court is the Government's Amended Motion for Default Judgment and for Final Order of Forfeiture. (Doc. No. 10.) For the following reasons, the Government's motion is GRANTED.
The Government's original Motion for Default Judgment and for Final Order of Forfeiture (doc. no. 8) is DENIED AS MOOT.
I. BACKGROUND
On March 23, 2018, the Government filed a Verified Complaint for forfeiture in rem against Sixty-Three Pit Bull-Type Dogs (the "Defendant Property"). (Doc. No. 1.)
A notice of forfeiture was sent to James Lampkin; the Estate of Fred Lee Jones, care of Rosemary Kilpatrick; and Natacha Smith. (Cunningham Decl. ¶ 5.) Additionally, notice was posted on the Government's website, www.forfeiture.gov, on March 27, 2018. (Cunningham Decl. ¶ 3.) To date, no person has filed an answer to the Complaint or otherwise claimed the Defendant Property.
The Clerk of the Court entered default against the Defendant Property and any potential claimants on May 3, 2018. (Doc. No. 7.) The Government now moves the Court to enter a default judgment and final order of forfeiture against the Defendant Property and any potential claimants. (Doc. No. 10.)
The uncontested allegations of the Government's Verified Complaint establish that the Defendant Property was used in an animal fighting venture, and is therefore subject to forfeiture pursuant to the Animal Welfare Act, 7 U.S.C. § 2156(f). (Cunningham Decl., Doc. No. 6-1, ¶ 2.)
II. DISCUSSION
"Obtaining a default judgment is a two-step process: first, the plaintiff must seek an entry of default from the clerk of court; and second, after the clerk has made an entry of default, the plaintiff can seek a default judgment." U.S. v. Eleven Firearms, 2015 WL 4409664, at *1 (S.D. Ga. July 17, 2015). "An entry of default and subsequent entry of default judgment are appropriate when a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend." U.S. v. $11,000.00 in U.S. Funds, 2009 WL 198013, at *2 (M.D. Ga. Jan. 27, 2009) (internal quotations omitted).
Where - as here - the Government brings a civil forfeiture action in rem under a federal statute, it must comply with Supplemental Rules for Admiralty and Maritime Claims and Asset Forfeiture Actions Rule G. See FED. R. CIV. P., SUPP. R. G(1) ("This Rule governs a forfeiture action in rem arising from a federal statute.").
Here, it appears the Government has complied with Supplemental Rule G. First, the Complaint complies with Supplemental Rule G(2) because (1) it was verified; (2) stated the grounds for subject matter jurisdiction and venue; (3) described the property with reasonable particularity; (4) stated the property's location; (5) identified the statute under which the forfeiture action was brought; and (6) stated sufficient facts to support a reasonable belief that the Government will be able to meet its burden of proof at trial.
The facts alleged in the Government's Verified Complaint, now admitted by default, are sufficient to establish that the Defendant Property is subject to forfeiture. Specifically, the Oconee Regional Drug Task Force received information that an organized dog fight was scheduled to take place in Dodge County, Georgia, on March 17, 2018, at 9:00 pm. (Compl., Doc. 1, ¶ 21.) When officers arrived at 2083 Rozar Goolsby Road, Natasha Smith gave them permission to search the property. (Id. ¶ 23.) During their search, officers discovered, among other things, fifty-five dogs; antibiotics and syringes used to treat dogs involved in dog fighting; and a disassembled dog fighting "pit." (Id. ¶¶ 24-28.) On March 19, United States Department of Agriculture agents returned to the property with a search warrant and seized the Defendant Property. (Id. ¶¶ 29-30.) --------
Second, the Government complied with Supplemental Rule G(4)'s notice requirements. The Government sent a notice of forfeiture and a copy of the Verified Complaint to potential claimants James Lampkin; the Estate of Fred Lee Jones; and Natacha Smith. FED. R. CIV. P., SUPP. R. G(4)(b)(i), (iii) ("The government must send notice of the action and a copy of the complaint to any person who reasonably appears to be a potential claimant" and "notice must be sent by means reasonably calculated to reach the potential claimant."). Moreover, publication is not required because the Defendant Property is worth less than $1,000.00 and the direct notice was sent to every potential claimant the Government could identify.
Supplemental Rule G(5) gives any potential claimants thirty-five days to make a claim if notice is sent directly and sixty-days if notice is sent by publication. Here, because notice was sent directly and publication is not required, any potential claimant had thirty-five days from March 26, 2018, to make a claim. See FED. R. CIV. P., SUPP. R. G(4)(a)(i). Because the time for making such a claim has expired, entering default judgment against all potential claimants to the Defendant Property is appropriate.
III. CONCLUSION
Upon due consideration, the Government's Amended Motion for Default Judgment and for Final Order of Forfeiture (doc. no. 10) is GRANTED. It is hereby ORDERED that:
1. The Defendant Property is hereby condemned and forfeited to the United States of America, and all right title, claim and interest to the Defendant Property by James Lampkin; the Estate of Fred Lee Jones; and Natacha Smith, their heirs, successors, and assigns and all other persons and entities are vested in the United States of America;The Court DIRECTS the Clerk to enter judgment in favor of the Government pursuant to Federal Rule of Civil Procedure 58 upon the same terms and conditions as outlined in this Default Judgment and Final Order of Forfeiture, TERMINATE all deadlines and motions, and CLOSE this case.
2. James Lampkin; the Estate of Fred Lee Jones; and Natacha Smith, their heirs, successors, and assigns and all other persons and entities are forever barred from asserting a claim against the Defendant Property; and
3. The U.S. Marshals Service or an authorized designee shall dispose of the Defendant Property according to law and regulatory procedures.
ORDER ENTERED at Augusta, Georgia, this 18th day of May, 2018.
/s/_________
UNITED STATES DISTRICT JUDGE
EXHIBIT A - DEFENDANT PROPERTY
1. USM-110: one brindle colored male pit bull-type dog
2. USM-111: one black colored male pit bull-type dog
3. USM-112: one black/white colored male pit bull-type dog
4. USM-113: one red/white colored male pit bull-type dog
5. USM-114: one brindle colored male pit bull-type dog
6. USM-115: one brown colored female pit bull-type dog
7. USM-116: one black colored female pit bull-type dog
8. USM-117: one black colored female pit bull-type dog
9. USM-118: one black colored male pit bull-type dog
10. USM-119: one brown colored male pit bull-type dog
11. USM-120: one black/white colored female pit bull-type dog
12. USM-121: one brown colored female pit bull-type dog
13. USM-122: one white/black colored female pit bull-type dog
14. USM-123: one blue colored female pit bull-type dog
15. USM-124: one red colored male pit bull-type dog
16. USM-125: one red/white colored male pit bull-type dog
17. USM-126: one black/white colored female pit bull-type dog
18. USM-127: one black/white colored male pit bull-type dog
19. USM-128: one white colored female pit bull-type dog
20. USM-129: one brown/white colored male pit bull-type dog
21. USM-130: one red/white colored female pit bull-type dog
22. USM-131: one red colored female pit bull-type dog
23. USM-132: one red colored female pit bull-type dog
24. USM-133: one brown/white colored female pit bull-type dog
25. USM-134: one brindle colored female pit bull-type dog
26. USM-135: one brown colored female pit bull-type dog
27. USM-136: one brown colored female pit bull-type dog
28. USM-137: one black/white colored male pit bull-type dog
29. USM-138: one black/white colored female pit bull-type dog
30. USM-139: one black colored female pit bull-type dog
31. USM-140: one black/white colored male pit bull-type dog
32. USM-141: one brindle colored male pit bull-type dog
33. USM-142: one black colored female pit bull-type dog
34. USM-143: one black/white colored male pit bull-type dog
35. USM-144: one black/white colored female pit bull-type dog
36. USM-145: one black colored female pit bull-type dog
37. USM-146: one brown/white colored male pit bull-type dog
38. USM-147: one brown colored male pit bull-type dog
39. USM-148: one brown/white colored male pit bull-type dog
40. USM-149: one black colored female pit bull-type dog
41. USM-150: one tan colored female pit bull-type dog
42. USM-151: one brindle colored female pit bull-type dog
43. USM-152: one brown/white colored male pit bull-type dog
44. USM-153: one black/white colored female pit bull-type dog
45. USM-154: one black/white colored female pit bull-type dog
46. USM-155: one black/white colored female pit bull-type dog
47. USM-156: one brown colored female pit bull-type dog
48. USM-157: one black colored female pit bull-type dog
49. USM-158: one brown colored female pit bull-type dog
50. USM-159: one tan colored male pit bull-type dog
51. USM-160: one tan colored male pit bull-type dog
52. USM-161: one tan colored female pit bull-type dog
53. USM-162: one black/white colored male pit bull-type dog
54. USM-163: one brown/white colored female pit bull-type dog
55. USM-164: one brown colored female pit bull-type dog
56. USM-165: one brindle colored female pit bull-type dog
57. USM-166: one brown colored female pit bull-type dog
58. USM-167: one brown colored female pit bull-type dog
59. USM-168: one black colored male pit bull-type dog
60. USM-169: one brown/black colored male pit bull-type dog
61. USM-170: one brown/black colored female pit bull-type dog
62. USM-171: one brown/black colored male pit bull-type dog
63. USM-172: one brown colored male pit bull-type dog