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United States v. Thompson

United States District Court, W.D. Wisconsin

February 26, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
BRADLEY J. THOMPSON, EMILY KOMOSA-THOMPSON, and LAC DU FLAMBEAU BAND OF LAKE SUPERIOR CHIPPEWA INDIANS, Defendants.

          FINDINGS OF FACT AND CONCLUSIONS OF LAW

          JAMES D. PETERSON UNITED STATES DISTRICT JUDGE.

         The above-captioned matter having come before the Court to be heard, Honorable James D. Peterson, United States District Judge for the Western District of Wisconsin, presiding without a jury, on February 26, 2019, the Plaintiff, United States of America, having appeared by its attorney, the Office of the United States Attorney for the Western District of Wisconsin, and no appearance having been made on behalf of the Defendants herein, except as may be noted on the record; the Clerk of the United States District Court for the Western District of Wisconsin having duly entered the default of Defendants Bradley J. Thompson, Emily Komosa, and Lac du Flambeau Band of Lake Superior Chippewa Indians; and the United States having filed a Notice of Application for Default and Motion for Default, with accompanying Declarations; and it further appearing that due notice of application and motion for judgment has been made to the Defendants, and the Court having heard the matter, therefore makes and files the following findings of fact and conclusions of law constituting its decision in this action.

         FINDINGS OF FACT

         1. The allegations set forth in the Complaint are accepted as true.

         2. There is now due and unpaid on the Note and Mortgage held by the United States as of February 26, 2019, the sums set forth in Attachment A.

         3. The United States has incurred the following costs in this action: See Attachment A.

         4. No proceedings have been had at law or otherwise for the recovery of the sum secured by said Note and Mortgage.

         5. The leasehold mortgage premises are located at 3068 Cemetery Road, Lac du Flambeau, Wisconsin, and are more particularly described as:

Located on the Lac du Flambeau Indian Reservation, County of Vilas, State of Wisconsin:
Lot 41, Pokegama Lake Trail Subdivision, located within N.W. 1/4 N.W. 1/4 Section 32, Township 41 North, Range 5 East, Fourth Principal Meridian, containing 1.52 acres, more or less, subject to all valid existing rights-of-way of record.

         6. The subject premises are abandoned, as that term is defined in Wis.Stat. § 846.102(1).

         7. Notice of the pendency of this action was duly given on October 22, 2018, after the filing of the Complaint herein, by filing a Notice of Lis Pendens in the office of the Register of Deeds for Vilas County, Wisconsin. This was done in the manner and form required by law, after the filing of the complaint herein, and more than twenty (20) days prior to the trial or other resolution of this action.

         8. The Defendants have not served an Answer or other response and the Clerk of Court has duly entered the default of said Defendants.

         CONCLUSIONS ...


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