Free Motion for Default Judgment - District Court of Colorado - Colorado

Case 1:03-cv-01298-JLK-GJR

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Filed 02/23/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 03-cv-01298-JLK-GJR UNITED STATES OF AMERICA, Plaintiff, v. 116.06 ACRES OF LAND, MORE OR LESS, LOCATED IN LA PLATA COUNTY, STATE OF COLORADO; and WHEELER ONE TRUST; COLLYER FAMILY TRUST; LA PLATA COUNTY TREASURER; SHIRLEY ISGAR; CHARLES ISGAR; ARTHUR R. ISGAR; ANNE L. ISGAR; CHEVRON U.S.A., INC.; SOUTHERN UTE INDIAN TRIBE; and UNKNOWN OWNERS, if any, Defendants.

UNOPPOSED MOTION FOR JUDGMENT BY DEFAULT AS TO DEFENDANTS UNKNOWN OWNERS

COMES NOW Plaintiff United States of America, by and through the United States Attorney for the District of Colorado, and pursuant to Fed. R. Civ. P. 55(b)(2), moves for judgment by default against Defendants Unknown Owners, and as grounds therefor states as follows:

Case 1:03-cv-01298-JLK-GJR

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Filed 02/23/2007

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1. This eminent domain action was commenced to acquire fee simple estates and temporary easements in, on, over, under, and across 116.06 acres of land, more or less, located in La Plata County, Colorado. 2. On July 27, 2006, Plaintiff United States filed a Second Amended Complaint in Condemnation to acquire fee simple estates and temporary easements in, on, over, under, and across 116.06 acres of land, more or less, located in La Plata County, Colorado, that are the subjects of this condemnation action. (Docket No. 74.) 3. On July 27, 2006, Plaintiff United States filed a Second Amended Declaration of Taking that condemned the fee simple estates and temporary easements in, on, over, under, and across 116.06 acres of land, more or less, located in La Plata County, Colorado. (Docket No. 75.) 4. On July 27, 2006, Plaintiff United States filed a Second Amended Notice of Condemnation. (Docket No. 76.) 5. On August 30, 2006, Plaintiff United States filed a Certificate of Service by Publication in reference to Defendants Unknown Owners, if any, pursuant to Fed. R. Civ. P. 71A(d)(3)(B). (Docket No. 77.) 6. On February 21, 2007, Plaintiff United States filed a Certificate of Proof of Service by Publication and Proof of Publication in reference to Defendants Unknown Owners, if any, pursuant to Fed. R. Civ. P. 71A(d)(3)(B). (Docket No. 118.) 7. The Proof of Publication certifies the Second Amended Notice of Condemnation was published in the Durango Herald Newspaper, Durango, Colorado, each week for three consecutive weeks. (Docket No. 118.)

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Case 1:03-cv-01298-JLK-GJR

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8. The last date of publication of the Second Amended Notice of Condemnation in the Durango Herald Newspaper was August 21, 2006. (Docket No. 118.) 9. More than twenty (20) days have elapsed since the date on which Defendants Unknown Owners were served by publication. 10. No Defendant Unknown Owner has filed a notice of appearance, an answer, or otherwise defended this eminent domain action. 11. On February 23, 2007, the Clerk of the Court, pursuant to Fed. R. Civ. P. 55(a), entered an Entry of Default as to Defendants Unknown Owners. (Docket No. 121.) 12. Plaintiff United States knows of no Unknown Owners. See Declaration of Stephen D. Taylor, Assistant United States Attorney attached hereto as Exhibit 1. 13. Defendant Wheeler One Trust and Defendant Collyer Family Trust represent, warrant and stipulate that they were the rightful owners of the fee simple estates and temporary easements in, on, over, under, and across 116.06 acres of land, more or less, located in La Plata County, Colorado, at the time of the filing of the Second Amended Declaration of Taking. 14. On February 16, 2006, the Stipulated Settlement Agreement By And Among Plaintiff United States Of America And Defendant Wheeler One Trust And Defendant Collyer Family Trust And Defendant La Plata County Treasurer was filed with the Court. (Docket No. 116.)

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Case 1:03-cv-01298-JLK-GJR

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Filed 02/23/2007

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15. Plaintiff requests that judgment by default be entered against Defendants Unknown Owners and in favor of Plaintiff United States and that Defendants Unknown Owners be awarded no just compensation in this condemnation action. Fed. R. Civ. P. 55(b)(2), 16. Plaintiff requests that judgment by default be entered against Defendants Unknown Owners and in favor of Plaintiff United States and that Defendants Unknown Owners take nothing as a result of this condemnation action. WHEREFORE, Plaintiff United States requests that the Court: A. Enter judgment against Defendants Unknown Owners and in favor of Plaintiff United States of America; B. Order that Defendants Unknown Owners shall be awarded no just compensation in reference to the fee simple estates and temporary easements in, on, over, under, and across 116.06 acres of land, more or less, located in La Plata County, Colorado; and C. Order that Defendants Unknown Owners shall take nothing as a result of this condemnation action. Dated: February 23, 2007. Respectfully submitted, TROY A. EID United States Attorney s/Stephen D. Taylor STEPHEN D. TAYLOR Assistant U.S. Attorney 1225 Seventeenth Street Suite 700 Denver, CO 80202 Telephone: (303) 454-0100 Fax: (303)454-0408 E-mail: [email protected]

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Case 1:03-cv-01298-JLK-GJR

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on February 23, 2007, l electronically filed the foregoing with the Clerk of Court using the ECF system which will send notification of such filing to the following e-mail addresses: MALCOLM MURRAY, ESQ. KENNETH SKOGG, ESQ. JANNINE R. MOHR, ESQ. SAM W. MAYNES, ESQ. SCOTT M. CAMPBELL, ESQ. MICHAEL A. GOLDMAN, ESQ. [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]

s/Stephen D. Taylor Stephen D. Taylor Assistant U.S. Attorney

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