United States v. U.S. Route 52

195 F.3d 819
CourtCourt of Appeals for the Sixth Circuit
DecidedNovember 4, 1999
DocketNo. 98-3999
StatusPublished
Cited by1 cases

This text of 195 F.3d 819 (United States v. U.S. Route 52) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. U.S. Route 52, 195 F.3d 819 (6th Cir. 1999).

Opinion

OPINION

MERRITT, Circuit Judge.

Pursuant to 18 U.S.C. § 1955(d), authorizing forfeiture of property used for gambling, the district court forfeited a building used as a grocery store in Friendship, Ohio, because the back of the budding was being used to conduct an illegal bookmaking operation. The district court directed any person or entity having an interest in Bridwell’s Grocery to file a timely claim with the district court clerk, and further directed any claimant to file a timely Answer to the United States’ Complaint that instigated the forfeiture. Bart Journey, who held registered equity title to the property under an Ohio land installment contract, timely filed a Claim, pro se, to the property on the grounds of innocent ownership and lack of knowledge of the gambling operation. He failed, however, to file a timely Answer as directed by the district court. Accordingly, upon request of the United States, the district court clerk issued an Entry of Default as to Journey’s claim. Two months later, and now represented by counsel, Journey sought relief from the default entry pursuant to Rule 55(c) of the Federal Rules of Civil Procedure.1

This court has recognized that it is important to distinguish between an entry of default and a default judgment.2 The burden for setting aside a default judgment is greater than for setting aside an entry of default, and this court has held that “a stricter standard of review applies for setting aside a default once it has ripened into a judgment.” Moreover, “the district court enjoys considerable latitude under the ‘good cause shown’ standard” of Rule 55(c) to grant a defendant relief from a default entry. Waifersong Ltd. Inc. v. Classic Music Vending, 976 F.2d 290, 292 (6th Cir.1992); see also Manufacturers’ Indus. Relations Ass’n v. East Akron Casting Co., 58 F.3d 204, 208 (6th Cir.1995) (recognizing that motions to set aside default entries, as opposed to default judgments, are to be granted more liberally). This exercise of discretion entails consideration of three factors: (1) whether the plaintiff would be prejudiced; (2) whether the defendant has a meritorious defense; and (8) whether the culpable conduct of the defendant led to the default. See Manufacturers’ Indus. Relations Ass’n, 58 F.3d at 209, (citing both Waifersong, 976 F.2d at 292 and United Coin Meter Co., Inc. v. Seaboard Coastline R.R., 705 F.2d 839, 845 (6th Cir.1983)). Indeed, this court has indicated a “strong preference for trials on the merits.” Shepard Claims Serv., Inc. v. William Darrah & Assoc., 796 F.2d 190, 193 (6th Cir.1986); see also United Coin Meter, 705 F.2d at 846.

The district court applied the three-factor test set forth above and held that the government’s claim of prejudice was not significant enough to warrant denial of Journey’s motion. Furthermore, the court found that Journey’s failure to file a timely answer was not wilful or culpable. In considering the third factor of the standard, however, the district court set forth that “one component of the meritorious [821]*821claim or defense factor ... is the standing of the party asserting the claim.” Therefore, the district court directed Journey to supplement the record with any evidence he possessed that demonstrated a legally cognizable interest in the property sufficient to establish standing to challenge the forfeiture under Article III of the United States Constitution.3 The district court further indicated that it would only set aside the Entry of Default if Journey successfully established standing.

Despite the fact that Journey offered evidence that record equitable title was solely assigned to him, as well as other evidence indicating that he had an interest in the property, the district court denied Journey’s claim on the grounds that his bare title under the installment contract was insufficient for standing purposes. As a result, the district court did not reach the merits of Journey’s innocent ownership defense. On appeal, Journey disagrees with the district court’s holding that he did not establish “dominion and control or other indicia of true ownership” of the property, was merely a “nominal owner” and hence lacked standing to contest the forfeiture. In our view the record establishes that Journey retained an actual, non-fictitious interest in the property sufficient to give him standing to litigate the issue of forfeiture. We therefore reverse and remand for a hearing to determine whether Journey was an innocent owner whose interest is not subject to confiscation by the government.4

We review the District Court’s determination that Journey lacked standing to contest the forfeiture under the traditional de novo standard of review for standing because the issue of whether a claimant has constitutional standing is a question of law. See United States v. 37.29 Pounds of Semi-Precious Stones, 7 F.3d 480, 483 (6th Cir.1993); Michigan v. United States, 994 F.2d 1197, 1202 (6th Cir.1993).

Standing as a constitutional and common law doctrine should not be used as an easy substitute for a decision on the merits or, as is so often the case, a way to manipulate and dismiss a case because of the weakness of the underlying cause of action. In the Supreme Court’s language, standing requires only “a personal stake in the outcome ... to assure that concrete adverseness which sharpens the presentation of issues” in a judicial setting, Baker v. Carr, 369 U.S. 186, 204, 82 S.Ct. 691, 7 L.Ed.2d 663 (1962), and “some direct injury ... both real and immediate, not conjectural or hypothetical.” City of Los Angeles v. Lyons, 461 U.S. 95, 101-02, 103 S.Ct. 1660, 75 L.Ed.2d 675 (1983). Violations of common law rights protected by the common law of property, contract, torts and restitution are sufficient for standing purposes.

We have previously said in a comprehensive opinion on forfeiture law that such “proceedings implicate property rights which have traditionally been measured in terms of state law” and, specifically, that the wife’s interest in land held in a tenancy by the entireties—a conditional estate that depends on the death of the husband before the wife—provides standing. United States v. Property at 2525 Leroy Lane, 910 F.2d 343, 349 (6th Cir.1990). In United States v. 526 Liscum Drive, 866 F.2d 213

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
195 F.3d 819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-us-route-52-ca6-1999.