United States v. Rainbow

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
Jacksonville Division
UNITED STATES OF AMERICA            

           v.              CIVIL ACTION    Case Number 96- 183

THE RAINBOW FAMILY, et al.

PLAINTIFF'S MOTION TO DISMISS
AND FOR DEFAULT JUDGMENT

Plaintiff, the United States of America, by and through the United States Attorney, Middle District of Florida, hereby moves, pursuant to Rule 41(a) (2) of the Federal Rules of Civil Procedure, to dismiss without prejudice the above-captioned matter with respect to those defendants who have submitted answers to the complaint. In addition, plaintiff moves, pursuant to Rule 55(a) of the Federal Rules of Civil Procedure, for a default judgment against those defendants who have been served and have failed to file a responsive pleading to the complaint within the prescribed time period. In support of this motion, the Court is respectfully referred to the memorandum attached herewith.

1

Respectfully submitted,

FRANK W. HUNGER
Assistant Attorney General

CHARLES R. WILSON
United States Attorney

REGINALD LUST
Assistant U.S. Attorney
Florida Bar No. 0750069
200 West Forsyth Street Room 700
Jacksonville, FL 32201

THOMAS W. MILLET
ANJALI A. ASHLEY
U.S. Department of Justice Civil Division
901 E Street, N.W., Room 101
(202) 514-3368

Attorneys for Plaintiff

OF COUNSEL:
Leslie Lagomarcino
Office of the General Counsel
U.S. Department of Agriculture
14th & Independence Ave., S.W. Room 2047
Washington, D.C. 20250-1400

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CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Notice of Dismissal was sent by first class mail, postage prepaid. this 30th day of May, 1996, to the following:

All Defendants of Record
REGINALD LUSTER

Memorandum


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