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June 20, 2016
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REPORT AND RECOMMENDATIONS re 49 MOTION to Set Aside 28 Order on Motion, 30 Clerk's Entry of Default, 45 Order, 39 Report MOTION to Set Aside Default filed by CLINTON DECKARD, and 52 MOTION to Dismiss Defendant U.S. Department of Treasury filed by U.S. DEPARTMENT OF TREASURY. The magistrate judge recommends that the district judge: 1. GRANT Mr. Deckard's motion (Dkt. 49) to set aside the entry of default and associated orders affecting his interest in the Property, and enter an order setting aside and vacating as to Mr. Deckard: The orders entering default against Mr. Deckard, at Dkts. 30 and 31; The Agreed Order of Appropriation and Appointment of Appraisers, at Dkt. 28; The orders documenting the giving of oaths and instruction to appraisers, at Dkt. 31, 33, 35; The Appraisers' Report, at Dkt. 39; and The order permitting the City to tender the appraisers' award to the clerk of the court, at Dkt. 45. 2. GRANT the government's motion (Dkt. 52) dismissing the United States Department of Treasury from this action. 3. ORDER Mr. Deckard to file his answer and any objections to the City's complaint to condemn his Property within 21 days of the court's order adopting this report and recommendation. After Mr. Deckard's files his answer and any objections, REMAND this action to the Clark Circuit Court. See R & R for details. Signed by Magistrate Judge Debra McVicker Lynch on 6/20/2016.(LBT)
June 27, 2016
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ORDER ADOPTING IN PART Report and Recommendation as set forth in the Stipulation 62. The U.S. Department of Treasury's Motion to Dismiss (Filing No. 52) and Clinton Deckard's Motion to Set Aside Entry of Default (Filing No. 49) are both GRANTED. The City of Jeffersonville's Complaint is hereby DISMISSED. Signed by Judge Richard L. Young on 6/27/2016. (TMD)