United States District Court, D. Montana, Butte Division
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECREE OF
Morris United States District Court Judge
matter having come before the Court on the United States'
Unopposed Motion for Entry of Judgment and Order of
Forfeiture, and the Court having reviewed the Motion and the
Settlement Agreement filed with the Court, hereby makes the
following Findings of Fact, Conclusions of Law, and Decree:
July 7, 2017, the United States filed a Verified Complaint
for Forfeiture In Rem against the above-captioned
defendant property. (Doc. 1).
Pursuant to Supplemental Rule G(4)(b)(v), the United States
provided Adirect notice@ of this civil asset forfeiture
action to known potential claimants on August 4, 2017, by
mailing the Notice of Complaint for Forfeiture (Doc. 2) and
Verified Complaint In Rem (Doc. 1) to Douglas
Mascari and William Reaves, via first class U.S. mail and
certified mail, return receipt requested, to the address
provided in their administrative claims. (See Doc. 2).
September 8, 2017, Douglas Mascari and William Reaves,
through their counsel, filed a verified claim (Doc. 7), and
on September 28, 2017, an Answer was filed. (See Doc. 8).
Notice of this forfeiture action was also provided to unknown
potential claimants by publishing on the government's
asset forfeiture website the Notice of Forfeiture Action for
30 consecutive days, beginning on July 25, 2017, and ending
on August 23, 2017. The “Notice of Forfeiture
Action” provides in pertinent part as follows:
Any person claiming a legal interest in the Defendant
Property must file a verified Claim with the court within 60
days from the first day of publication (July 25, 2017) of
this Notice on this official government internet web site and
an Answer to the complaint or motion under Rule 12 of the
Federal Rules of Civil Procedure within 21 days thereafter. .
(Dec. of Publication, Doc. 6-1).
Unknown potential claimants failed to file a claim within 60
days from the first day of publication, and an answer or
motion within 21 days thereafter as required by Supplemental
Rules G(5)(a)(ii)(B) and G(5)(b) and Fed.R.Civ.P. 12. After a
motion for entry of default (Doc. 14), supported by
Declaration (Doc. 15), the Clerk of Court entered the default
of unknown potential claimants on August 21, 2018. (Doc. 16).
Plaintiff and claimants, Douglas Mascari and William Reaves,
through their Counsel, Jami Rebsom, entered into a Settlement
Agreement filed with the Court on August 10, 2018. (Doc. 13)
Pursuant to the Settlement Agreement, the parties agree to
the entry of a judgment on the Verified Complaint for
Forfeiture In Rem in favor of the United States for
the Glock GMBH Pistol, CAL:40 SN:HES727. The parties agree
that all right, title and interest in the Glock GMBH Pistol,
CAL:40 SN:HES727 shall vest in the United States.
parties further agree that the United States shall return to
Claimant, Douglas Mascari, the COLT King Cobra Revolver
CAL:357 SN:3712CK upon execution of the Acknowledgment of
Notice. It was also further agreed, by and between the
parties, that each party will bear its own costs, fees,
expenses and attorney fees. Douglas Mascari did execute the
Acknowledgement of Notice. (Doc. 13, Att. 1).
upon the foregoing findings of fact, the Court makes the
following conclusions of law: