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.

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

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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