WHEREFORE, the United States of America requests entry of a default judgment against

Brandy Turner in the amount of $30,984 as she failed to respond to the complaint. A draft default

judgment accompanies this motion.

Respectfully submitted,

| PATRICK J. FITZGERALD

United States Attorne
pamnens

By:

Assistant United States Attorney
219 South Dearborn Street
Chicago, Illinois 60604

(312) 353-4163


2. The defendants Stanley and Gail Turner were served with a summons and copy of the

complaint on November 26, 2001 (Exhibit. 1) and Brandy Turner was served with a copy of the

| complaint and summons on April 4, 2002. Exhibit 2.
3. During the last several months, defendant Brandy Turner has indicated repeatedly that
she intends to settle this matter. The United States has provided her with the appropriate documents
to facilitate settlement. However, defendant Brandy Turner has failed to return the documents and
| has otherwise ignored her obligation to the court to either settle this matter of answer the complaint
despite several extensions by the court. Exhibit 3.

4. To date, defendants have not responded to the complaint . The court should therefore

|
1
i enter an order defaulting defendant Brandy Turner, entering judgment in favor of the United States,

, and dismissing the complaint without prejudice against Stanley and Gail Turner.
5. The affidavit of Special Agent Skoniezcny is attached as Exhibit 4 which sets forth

the United States’ single damages in the amount of $10,328 and treble damages in the amount of

\
| $30,984.

|
|


SEE CASE
FILE FOR
EXHIBITS


ets

| UNITED STATES DISTRICT COURT
| NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION
UNITED STATES OF AMERICA, )
)
Plaintiff, ,)
) No. 01 C 6159
v. )
)
STANLEY TURNER, GAIL TURNER and) Judge Lefkow
BRANDY TURNER, )
' )
Defendants.
| NOTICE OF MOTION
To: Edward J. Moran Brandy Turner
Law Office of Edward J. Moran 3865 Guthrie
5330 Three First National Plaza East Chicago, Illinois 46312

Chicago, Illinois 60602

PLEASE TAKE NOTICE that on Thursday, June 13, 2002 at 9:30 am at the opening of

\Court or as soon thereafter as counsel may be heard, I will appear before Judge Lefkow in the

' courtroom usually occupied by her in the Everett McKinley Dirksen Building, 219 South Dearborn

Street, Chicago, Illinois, or before such other judge who may be sitting in her place and stead, and

. then and there present UNITED STATES’ MOTION FOR ENTRY OF DEFAULT

JUDGMENT AND TO DISMISS DEFENDANTS STANLEY AND GAIL TURNER at which
time and place you may appear, if you see fit.

j Respectfully submitted,

PATRICK J. FITZGERALD
United States Attorngy

219 South Dearborn Street
! Chicago, Illinois 60604
(312) 353-4163


AFFIDAVIT OF MAILING

STATE OF ILLINOIS )
| ) Ss
POUNTY OF COOK )

DENEEN A. RAMSEY being first duly swom on oath deposes and says that she is
employed in the Office of the United States Attorney for the Northern District of Illinois; that on the
“sth day of June 2002, she placed a copy of NOTICE OF MOTION and UNITED STATES’
MOTION FOR ENTRY OF DEFAULT JUDGMENT AND TO DISMISS DEFENDANTS
STANLEY AND GAIL TURNER and DEFAULT JUDGMENT inaprepaid envelope addressed

to each of the following named individuals and caused each envelope to be deposited in the United
|

i
at the hour of 5:00 p.m.

States mail chute located in the Everett McKinley Dirksen Building, Chicago, Illinois on said date

Edward J. Moran Brandy Turner
Law Office of Edward J. Moran 3865 Guthrie
|} 5330 Three First National Plaza East Chicago, Illinois 46312

}
Chicago, Illinois 60602

| Merse Worcee

SUBSCRIBED AND SWORN (/fO before me
this, 5th Day of June, 2002

Othinda tb. pahlo

(/ NOTARY PUBLIC

My Commission Expires:

"OFFICIAL SEAL"
ALFREDIA E. NICHOLS
NOTARY PUBLIC, STATE OF ILLINOIS

MY COMMISSION EXPIRES 9/20/2003



: ese ape
| UNITED STATES DISTRICT COURT Pdi. ho 0
NORTHERN DISTRICT OF ILLINOIS
| EASTERN DIVISION 202 JUR-S ANE 48

‘UNITED STATES OF AMERICA, dE :
an
Plaintiff, 5
Yes. No. 01 C 6159
v. y.
| Que. Judge Lefkow
i STANLEY TURNER, GAIL TURNER and -
BRANDY TURNER, )
)
| Defendants.

UNITED STATES? MOTION FOR
ENTRY OF DEFAULT JUDGMENT AND
TO DISMISS DEFENDANTS STANLEY AND GAIL TURNER

The United States of America, by PATRICK J. FITZGERALD, United States Attorney for
the Northern District of Illinois, pursuant to Rule 55(b)(2), seeks entry of a default judgment for
treble damages in the amount of $30,984 against defendant Brandy Turner, and to dismiss defendants
Stanley and Gail Turner without prejudice and in support thereof states as follows:

1. On August 10, 2001, the United States of America filed a complaint against
defendants Stanley and Gail Turner seeking damages under the False Claims Act, 31 U.S.C. §§ 3729
| et. seq., in the amount of $10,328 exclusive of interest and costs. Under the False Claims Act, the
| United States is entitled to treble damages upon entry of judgment. On February 27, 2002, the
United States filed an amended complaint adding defendant Brandy Turner alleging that the
defendants violated the Faise Claims Act by submitting false information to the United States

| Department of Education to obtain financial assistance to attend college between 1995 and 2000.