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United States of America v. $164

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


March 22, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
$164,750 IN UNITED STATES CURRENCY TRACEABLE TO THE REAL PROPERTY KNOWN AS 1808 BROADWAY BOULEVARD, MANCHESTER, NEW JERSEY 08759 DEFENDANT, IN REM.

The opinion of the court was delivered by: Chesler, District Judge

UNITED STATES OF AMERICA

OPINION & ORDER

This matter comes before the Court upon the motion for default judgment by the United States of America (the "Government"). Briefly, this case is a forfeiture action in rem against the above-captioned property. Frank Badics ("Badics") had filed a verified claim to the property, which this Court struck on June 18, 2010; Badics then moved to amend his claim. While Badics' motion was pending, the Government filed the instant motion for default judgment, premised on the argument that there existed no claim against the property at issue. Badics has now been granted leave to amend his claim. In view of this, this Court cannot conclude that there exists no claim against the property at issue, and the motion for default judgment must be denied without prejudice.

For these reasons,

IT IS on this 22nd day of March, 2011, ORDERED that the Government's motion for default judgment as to the defendant property (Docket Entry No. 26) is DENIED without prejudice.

STANLEY R. CHESLER United States District Judge

20110322

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