United States of America v. The contents of PNC Bank account ending in 7406 et al

Filing 21

Order GRANTING Plf's 20 MOTION to Amend Complaint. Plf is to file Second Amended Verified Complaint for Forfeiture within 7 days of this order. If claimants wish to file claims & answers in response to the Second Amended Complaint, they should do so within 14 days after service as set out. Signed by Judge Callie V. S. Granade on 11/24/2015. (tot)

Download PDF
THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION UNITED STATES OF AMERICA, * * Plaintiff, * v. * CIVIL ACTION NO: 15-0452-CG-N * The Contents of PNC Bank account * ending in 7406, held in the names * of Manila Chicago and * Loan T. Nguyen, and PNC Bank * account ending in 1595 held in * the name of Loan T. Nguyen, One black * 2014 Ford Mustang Coupe, VIN # * 1ZVBP8CF7E5280204; One Husqvarna * Lawn tractor, Model M-ZT61, Serial * Number: 042514B002339, including a * Kawasaki engine with Serial Number * FS691VA29169, Real Property * identified as Mobile County Parcel * Number R021309320000107.002, * containing approximately 5.41 acres; * and, Real Property located at 13915 * South Sprinkle Avenue, Bayou La Batre, * Alabama, * * Defendants. * ORDER This matter is before the Court on plaintiff’s Motion to Amend its Amended Verified Complaint In Rem (Doc. 20) to add an in rem defendant as set forth in its motion. Having been fully advised in the premises and pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure, the motion is GRANTED. The plaintiff is ORDERED to file its Second Amended Verified Complaint for Forfeiture within seven days (7) days of this order. With regard to the claimants’ time to respond to the Second Amended Complaint, Federal Rule of Civil Procedure 15(a)(3) provides that “[u]nless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later.” The claimants have made filed claims in response to the Amended Complaint, but have filed no answers. (Docs. 16, 18). By docket sheet entry immediately following Documents 16 and 18, and pursuant to Supplemental Rules G(4)(b)(ii)(B)-(C) and G(5)(ii)(A), and as previously notified by the plaintiff (Doc. 2), Claimant Nguyen’s answer was due by November 6, 2015, and Claimant Chicago’s answer by November 17, 2015. As a result, the time remaining to respond by answer to the Amended Complaint has passed. Therefore, if the claimants wish to file claims and answers in response to the Second Amended Complaint, they should do so within 14 days after its service. DONE and ORDERED this 24th day of November, 2015. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?