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United States of America v. Real Property Located At 4433

September 28, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
REAL PROPERTY LOCATED AT 4433
COLBURN CULVER ROAD., SANDPOINT,
BONNER COUNTY, IDAHO, INCLUDING ANY AND ALL FIXTURES, IMPROVEMENTS AND APPURTENANCES
THEREOF (OWNER OF RECORD: ALLEN R. KREBS), DEFENDANT.



The opinion of the court was delivered by: Honorable Ronald E. Bush U. S. Magistrate Judge

MEMORANDUM DECISION AND ORDER RE:

1. Allen Krebs's Motion for More Definite Statement and Motion to Enlarge Time (Docket No. 15)

2. Plaintiff's Motion to Strike Claim and Other Filings of Allen R. Krebs, and for Entry of Default (Docket No. 17)

3. Allen Krebs's Motion to Strike Plaintiff's Pleadings, and Motion to Dismiss (Docket No. 21)

Currently pending before the Court are five, related motions: (1) Allen Krebs's Motion for More Definite Statement (Docket No. 15); (2) Allen Krebs's Motion to Enlarge Time (Docket No. 15); (3) Plaintiff's Motion to Strike Claim and Other Filings of Allen R. Krebs, and for Entry of Default (Docket No. 17); (4) Allen Kreb's Motion to Strike Plaintiff's Pleadings (Docket No. 21); and (5) Allen Krebs's Motion to Dismiss (Docket No. 21). Having carefully reviewed the record and otherwise being fully advised, the Court enters the following Memorandum Decision and Order:

I. BACKGROUND

1. Plaintiff instituted this action on April 5, 2010 by filing its "Verified Complaint In Rem," alleging that the Defendant property was involved in violations of 21 U.S.C. § 841 et seq., and is therefore subject to forfeiture pursuant to 21 U.S.C. § 881(a)(6) and (7). (Docket No. 1).

2. On June 22, 2010, Attorney Michael Palmer entered a "Notice of Appearance" on behalf of Allen R. Krebs. (Docket No. 7).

3. On June 28, 2010, Mr. Krebs filed a timely "Verified Claim for Real Property." (Docket No. 10) ("Claimant has the right to make this claim by virtue of the fact that the real property which is the subject of Plaintiff's claim is the property of Claimant who holds such in fee simple absolute.").

4. On January 3, 2011, pursuant to FRCP 55(a), Plaintiff filed an "Application for Entry of Default as to Allen R. Krebs" for failure to file a proper answer as required by 18 U.S.C. § 983(a)(4)(B) and Rule G(5)(b) of the Supplemental Rules for Certain Admiralty and Maritime Claims. (Docket No. 13).

5. On January 4, 2011, Mr. Krebs filed an "Objection to Plaintiff's Application for Entry of Default as to Allen R. Krebs," arguing that "Plaintiff's Verified Complaint In Rem failed to comport with the requirements of FRCP 10(b) and such failure rendered the Complaint so vague and ambiguous that Respondent Krebs cannot reasonably be expected to prepare a response." (Docket No. 14).

6. Also on January 4, 2011, Mr. Krebs filed a "Motion for More Definite Statement and Motion to Enlarge Time." (Docket No. 15).

7. On January 7, 2011, this Court entered an "Order Denying Application for Entry of Default as to Allen R. Krebs," reasoning that Mr. Krebs's recent submissions constituted an ...


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