United States v. Chevrolet Tahoe 1999, VIN 1GNEK13R7XJ487970
4:11-cv-00640
D. Ariz.Jan 9, 2012Background
- The United States filed a civil forfeiture action in Oct. 2011 seeking forfeiture of a 1999 Chevrolet Tahoe for alleged unlawful transportation of an alien under 8 U.S.C. § 1324(a)(1)(A).
- The vehicle is currently in custody of U.S. Customs and Border Protection within the court's jurisdiction.
- Notice was provided to Brian Edmiston, who may have an interest, and the action was posted on forfeiture.gov; Edmiston filed no claim.
- The Clerk entered Edmiston's default under Rule 55(a) for failure to respond or claim an interest.
- The government moved for default judgment against Edmiston and any other potential claimants; no response was filed and the time to respond expired.
- The court applied the Eitel v. McCool factors and granted default judgment, ordering forfeiture of the Tahoe to the United States and dismissal of the action; the certificate of reasonable cause request was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether default judgment is warranted under the Eitel factors. | Government argues factors favor default and forfeiture given lack of response. | Edmiston did not respond; no contrary factual dispute raised. | Yes; factors support default judgment and forfeiture. |
| Whether the Tahoe should be forfeited given no claimant appeared. | Forfeiture appropriate under 8 U.S.C. § 1324(b). | Edmiston did not claim an interest. | Forfeit to the United States. |
| Whether the certificate of reasonable cause should be issued. | Request made but not argued on its merits. | No response to address the request. | Denied. |
Key Cases Cited
- Eitel v. McCool, 782 F.2d 1470 (9th Cir. 1986) (standard on motion for default judgment; balancing factors)
- Geddes v. United Fin. Group, 559 F.2d 557 (9th Cir. 1977) (court may accept allegations as true except for damages when default entered)
- Aldabe v. Aldabe, 616 F.2d 1089 (9th Cir. 1980) (fact-specific factors governing entry of default judgment)
