Free Motion for Default Entry 55(a) - District Court of Connecticut - Connecticut

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Case 3:03-cv-01033-SRU Document 23 Filed 1 1/24/2004 Page 1 of 4
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i UNITED STATES DISTRICT COURT 1 1 A A `
DISTRICT OF CONNECTICUT 111511 1,, 1 1-, __ _'
UNITED STATES or AMERICA, ; . . . .. .
Plaintiff, A 1
V. 1 C1v11N0. 3:03CV1033 (SRU)
ONE PARCEL OF PROPERTY 1 1
LOCATED AT 171 LINCOLN AVENUE, ;
NEW LONDON, CONNECTICUT, ; 1
WITH ALL ARRURTENANCES AND ; 1
IMPROVEMENTS TEERECN, AND z 1
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. Defendant. : November 23, 2004
[CLATMANTS; ROBERT A. VENTURINI, in 1
JR., ESTATE or EDWIN C. JACKSON, ; 1 1
CITY or NEW LONDON, LAWRENCE ; 1 1
AND MEMORIAL HOSPITAL, AND ; 1 1
STATE or CONNECTICUT] ; 1 1
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MOTION FOR DEFAULT JUDGMENT AGAINST ROBERT A. vENTUR1NJ, JR.
The United States of America, hereby moves for Default Judgment, and represents as
follows: 1
On June 11, 2003, a Verified Complaint of Forfeiture Was filed for the forfeiture ofthe 1
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Defendant, one parcel of property located at 171 Lincoln Avenue, New London, Connecticut,
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with all appurtenances and improvements thereon ("Defendant Property"). The Complaint 1
alleges that the Defendant Property Was used or intended to be used in any manner or part to 1
commit or to facilitate the commission of a violation of the Controlled Substances Act, 21 U.S.C. 1
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§§ 801 Q Egg and is therefore subject to forfeiture to the United States pursuant to 21 U.S.C.
§ Ss1(A)(v) 1 A
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Case 3:03-cv-01033-SRU Document 23 Filed 1 1/24/2004 Page 2 of 4 I \
A On June 18, June 25, and July 2, 2004, notice of this action was published in the
Hartford Cognj newspaper.
On June 25, 2003, Robert A. Venturini, Jr. was personally served by the United States
Marshals Service with the Verified Complaint of Forfeiture, Lis Pendens, Notice of Complaint of
Forfeiture against Real Property, and proposed Writ of Entry. i q i
No claim, answer or other defense having been filed by pro se Claimant Robert A. 1
Venturini, Jr. in this case as required by Rule C(6) of the Supplemental Rules for Certain E j
Admiralty and Maritime Claims, the United States moved to default Robert A. Venturini, Jr., and l
all other persons and entities, except the Estate of Edwin C. Jackson, the City of New London, .
Lawrence and Memorial Hospital, and the State of Connecticut for failure to defend. On August
20, 2003, the Clerk of the Court granted the United States of America’s request and defaulted ‘
Robert A. Venturini, J r, _
On September 18, 2003, the United States of America tiled a Motion to Set Aside Default I
entered against Robert A. Venturini, Jr. stating that the parties had reached an agreement in the q =
case and were in the process of fonnalizing that agreement. i
On September 22, 2003, the Court granted the United States of America’s Motion to Set Q
Aside Default entered against Robert A. Venturini, Jr.
On October 10, 2003, the United States Marshals Service personally served Robert A. p
Venturini, Jr. with the Stipulation for Compromise Settlement. Mr. Venturini refused to execute
the Stipulation for Compromise Settlement.
On or about March 31, 2004, Plaintiff received a letter from Robert A. Venturini, Jr.,
indicating that he was now represented by Attorney Anthony Basilica in this case and the related I
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Case 3:03-cv-01033-SRU Document 23 Filed 1 1/24/2004 Page 3 of 4 !
civil forfeiture case United States v. 62 Cutler Street, New London, Connecticut, Civil No.
3:03CVl 03 l(SRU). In his letter, Mr. Venturini indicated that he would sign the original g
settlement agreement.
On or about April 28, 2004, Plaintiffs counsel provided Attorney Anthony Basilica, with E
the Stipulations for Compromise Settlement for the two civil forfeiture cases. ,
On numerous occasions between April 28, 2004, and November 18, 2004, Plaintiffs [
counsel contacted Attorney Basilica regarding the settlement of the civil forfeiture cases. I p
On October 28, 2004, the Plaintiff advised counsel for the Claimant that the Government
would seek Default Judgments in both civil forfeiture cases if the Stipulations were not retumed I
by November 4, 2004.
On November 3, 2004, counsel for the Claimant requested an additional two weeks to
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return the Stipulations for Compromise Settlement. Plaintiffs counsel agreed to an extension i
until November 18, 2004. R
The United States has not yet received the signed Stipulation for Compromise Settlement
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from the Claimant, and therefore moves for entry of a default judgment in accordance with the
Court’s default of Robert A. Venturini, Jr. A proposed Default Judgment is submitted herewith. l
Respectfully submitted,
KEVIN J. O’CONNOR
UNITED STATES ATTORNEY E
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DAVID X. SULLIVAN
ASSISTANT U.S. ATTORNEY
P.O. BOX 1824
NEW HAVEN, CT 06508 .
(203) 821 -3700H*EDERAL BAR # ct03793
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Case 3:03-cv-01033-SRU Document 23 Filed 11/24/2004 Page 4 of 4 1
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CERTIFICATE OF SERVICE
This is to certify that a copy of the within in and foregoing Motion for Default Judgment
has been mailed, postage prepaid, on this 23"I day of November, 2004, to: 1
Robert Venturini, Jr., pro se Brian K. Estep, Esq.
Reg. No. 250620 Conway & Londregan, P.C.
Osborn Correctional Institution 38 Huntington Street _ I
100 Bilton Road, New London, CT 06320 I
POB 100 (Counsel for City of New London) `
Somers, CT 06071 ,
Patricia H. Modzelewski, Esq. ·
Mark Solak, Esq. Peck & Tuneski, P.C.
Devine & Associates 10 Pearl Street 1
One Exchange Place, 6“‘ Floor P.O. Box 37
Waterbury, CT 06702 New London, CT 06320
(Counsel for the Estate of
Gary G. Williams E. Barbara Jackson)
Assistant Attorney General
P.O. Box 120 Lawrence & Memorial Hospital 1
Hartford, CT 06141 Legal Department
(Counsel for State of Connecticut) 365 Montauk Avenue
New London, CT 06320 I
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1 __Q . (/(/5{ _"__, ____ __ ....
DAVID X. SULLIVAN
ASSISTANT U.S. ATTORNEY p
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