United States of America v. $16,284.00 in U.S. Currency

Filing 30

ORDER GRANTING DEFENDANTS MOTION TO STRIKE CLAIM AND ANSWER AS UNOPPOSED 25 by Judge Otis D. Wright, II ; The Court GRANTS the motion and STRIKES Maria Diazs Claim 16 and Answer 19 in this action. As there is now no operative pleading from Di az or any other defendant or potential claimant in this case, the Clerk of Court is ORDERED to enter default as to the interests of Maria Consuelo Diaz, a/k/a Maria Consuelo, a/k/a Maria C. Diaz; Frederico Diaz; and all other potential claimants (lc)

Download PDF
1 O 2 3 4 5 6 United States District Court Central District of California 7 8 9 10 UNITED STATES OF AMERICA, Plaintiff, 11 12 13 14 ORDER GRANTING v. $16,284.00 IN U.S. CURRENCY, Defendant, 17 DEFENDANTS’ MOTION TO STRIKE CLAIM AND ANSWER AS UNOPPOSED [25] 15 16 Case № 2:16-cv-08388-ODW (AFM) MARIA CONSUELO DIAZ, Claimant. 18 On November 10, 2016, the United States government filed a verified 19 complaint for forfeiture against $16,284.00, noting that the complaint and proceedings 20 could adversely affect the interests of Maria Diaz and Federico Diaz. (Compl., ECF 21 No. 1.) The government seized the defendant currency during the execution of a 22 search warrant at a residence located in Los Angeles, California. (Id. ¶ 5.) 23 The government published the forfeiture on the official government forfeiture 24 website, constituting service of process in this action. (See ECF No. 11.) On 25 February 13, 2017, once the period for filing a claim in this action had passed with no 26 claims appearing on the docket, the government applied to the clerk of court for entry 27 of default. (ECF No. 12.) The clerk accordingly entered default as to the interests of 28 Maria Diaz, Federico Diaz, and all other potential claimants. (ECF No. 13.) 1 However, on February 23, 2017, the clerk became aware that Maria Diaz had filed a 2 Claim and Answer on December 22, 2016, but due to a clerical error, the claim was 3 not docketed. On February 23, 2017, the clerk of court docketed the claim, with it 4 backdated to reflect the actual filing date of December 22, 2016. (See ECF No. 16.) 5 Consequently, the Court vacated the default. (ECF No. 18.) 6 After Maria Diaz’s Claim and Answer were docketed, the government filed a 7 motion to strike the Claim and Answer for lack of standing. (ECF No. 25.) The 8 motion was noticed for a hearing date of July 24, 2017. (Id.) Pursuant to Local Rule 9 7-9, Diaz’s opposition to the motion to strike was due on July 3, 2017. After 10 receiving no opposition by that date, and in light of the fact that Diaz is appearing in 11 this action pro se and is thus entitled to an additional degree of leniency, the Court 12 continued the government’s motion to strike and allowed Diaz several extra days in 13 which to file an opposition. (ECF No. 29.) The Court ordered that Diaz had until July 14 17, 2017, to oppose the motion. (Id.) That date has since passed with no further 15 filings in this case. Therefore, the Court must now consider the government’s motion 16 on the basis that it is unopposed. 17 Local Rule 7-12 allows the Court to grant motions as unopposed in the event 18 that a timely opposition is not filed. C.D. Cal. L.R. 7-12; Ghazali v. Moran, 46 F.3d 19 52, 53 (9th Cir. 1995) (affirming dismissal on the basis of unopposed motion where 20 local rule permitted such a dismissal). In determining whether to grant an unopposed 21 motion courts weigh the following factors: “(1) the public’s interest in expeditious 22 resolution of litigation; (2) the court’s need to manage its docket; (3) the risk of 23 prejudice to the defendants; (4) the public policy favoring disposition of cases on their 24 merits; and (5) the availability of less drastic sanctions.” Ghazali, 46 F.3d at 53 25 (quoting Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986)). The Ninth 26 Circuit has recognized that the first and fourth factors cut in opposite directions. See 27 Yourish v. Cal. Amplifier, 191 F.3d 983, 990 (9th Cir. 1999) (first factor always 28 2 1 weighs in favor of granting as unopposed); Hernandez v. City of El Monte, 138 F.3d 2 393, 401 (9th Cir. 1998) (fourth factor always weighs against granting as unopposed). 3 Here, the second factor also weighs in favor of granting the government’s 4 motion. The Court must manage its docket to ensure the efficient provision of justice. 5 After already once giving Diaz extra time to file an opposition, the Court cannot 6 continue waiting for a response. 7 In light of the additional time the Court has already given Diaz, the fifth factor 8 weighs in favor of granting the motion as unopposed as well. Because the Court has 9 not received any response from Diaz in weeks, the likelihood that less drastic 10 sanctions would have any effect is low. 11 Finding that the Ghazali factors weigh in favor of granting the government’s 12 motion to strike as unopposed, the Court GRANTS the motion and STRIKES Maria 13 Diaz’s Claim and Answer in this action. As there is now no operative pleading from 14 Diaz or any other defendant or potential claimant in this case, the Clerk of Court is 15 ORDERED to enter default as to the interests of Maria Consuelo Diaz, a/k/a Maria 16 Consuelo, a/k/a Maria C. Diaz; Frederico Diaz; and all other potential claimants. 17 18 19 20 IT IS SO ORDERED. July 18, 2017 21 22 23 24 ____________________________________ OTIS D. WRIGHT, II UNITED STATES DISTRICT JUDGE 25 26 27 28 3

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?