United States District Court, C.D. Illinois
December 8, 2005.
UNITED STATES OF AMERICA, Plaintiff,
TWO MILLION SEVEN HUNDRED SIXTY-SEVEN THOUSAND TWO HUNDRED AND TWO DOLLARS AND TWENTY-SEVEN CENTS ($2,767,202.27 IN U.S. CURRENCY Respondent.
The opinion of the court was delivered by: MICHAEL MIHM, District Judge
On July 15, 2005, this Court ordered Leslie Strong ("Strong")
to respond to the cross-claims against him as well as the Motion
for Default Judgment [#107] filed by Cross-Claimants Howard
Jachter, as Trustee for Triunity, S.A., and Triunity S.A.
(Collectively "Triunity"). This Court directed Strong to respond
within fourteen days (or no later than July 29, 2005) and warned
Strong that if he did not respond, default judgment would be
entered against him. Strong did not respond to the Court's Order.
Accordingly, the Court finds that Strong is in default on all of
the cross-claims filed against him. However, the Court declines
to enter a Default Judgment against Strong as to any of the
claims prayed for in the prayer for relief section of the
cross-claims as the actual amounts to be recovered will have to
be determined in a future stage of this litigation. A separate
proceeding will be necessary to determine the proper amount of
damages to be awarded in each counterclaim. Also, the Court's
rulings on the underlying in rem action may affect the amount of
recovery to which a particular cross-claimant is entitled. Based on the above ruling, the Court finds that Triunity's
Motion for Default Judgment [#107] filed on May 6, 2005 is
granted in part and denied in part. The Court grants the portion
of the Order that asks this Court to find Strong in default but
denies the portion of the Motion that requests the Court to enter
default judgment against Strong.
The Court finds that Leslie Strong is in default with respect
to liability on all of the cross-claims entered against him.
Accordingly, Triunity's Motion [#107] is GRANTED IN PART AND
DENIED IN PART.
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