United States of America v. Approximately $7, 960.00 in U.S. Currency et al

Filing 39

ORDER signed by Judge Morrison C. England, Jr. on 9/7/2012 ORDERING that the United States' 34 Motion to Strike is GRANTED. The Claims of Jamarus Smith and Monique Banks are STRICKEN for failing to comply with Rule G(5) and/or pursuant to Rule G(8)(c)(i)(A)-(B) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions because said claimants lacks standing. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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No. 2:10-CV-02167-MCE-KJN

Plaintiff,
ORDER STRIKING CLAIMS OF
JAMARUS SMITH AND MONIQUE
BANKS PURSUANT TO RULE
G(8)(c) OF THE SUPPLEMENTAL
RULES FOR ADMIRALTY OR
MARITIME
AND ASSET
FORFEITURE ACTIONS

v.

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APPROXIMATELY $7,960.00 IN U.S.
CURRENCY,

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APPROXIMATELY $2,260.00 IN U.S.
CURRENCY,

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APPROXIMATELY $3,195.00 IN U.S.
CURRENCY,

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APPROXIMATELY $3,927.00 IN U.S.
CURRENCY, and

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2007 CADILLAC ESCALADE EXT,
3GYFK62837G222266, LICENSE
NUMBER 8W03721,

VIN:

Defendants.

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Presently before the Court is the United States’ Motion to

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Strike the Claims of Jamarus Smith and Monique Banks pursuant to

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Rule G(8)(c)(i)(A)-(B) of the Supplemental Rules for Admiralty or
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Maritime Claims and Asset Forfeiture Actions (the “Supplemental

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Rules”).

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Smith or Banks.

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good cause appearing therfor, the Court finds as follows:

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1.

No opposition was made to the Motion on behalf of either
After having read and considered the motion, and

On October 6, 2011, the parties filed a joint status

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report in the case.

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specified that claimants Jamarus Smith and Monique Banks’ answers

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would be filed no later than November 5, 2011.

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2.

In the joint status report, the parties

Supplemental Rule G(5)(b) provides that a claimant must

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file an answer or a Rule 12 motion within twenty-one days after

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filing a claim.

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12 motion, the United States may move to strike a claim or answer

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"at any time before trial" for “failing to comply with Rule G(5)”

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and/or “because the claimant lacks standing.”

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Supp. G(8)(c)(i)(A)-(B).

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3.

If the claimant does not file an answer or a Rule

Fed. R. Civ. P.

Statutory standing requires the claimant to comply with

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certain procedural and statutory requirements.

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39,557.00, More or Less, in U.S. Currency, 683 F. Supp. 2d 335,

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338-39 (D.N.J. 2010).

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understated, since the Answer provides the opportunity to present

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defenses as to why a claimant has standing to contest the

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forfeitability of the defendant property.

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Board Feet and 11 Doors and Casings, No. 1:07cv1100-GBL, 2008 WL

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839792 (E.D. Va. Mar. 25, 2008).

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strict compliance with the Supplemental Rules.

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$487,825 in U.S. Currency, 484 F.3d 662, 664–65 (3d Cir. 2007).

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///

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///

United States v.

The importance of filing an Answer cannot be

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United States v. 1866.75

Courts have held claimants to
United States v.

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4.

To date, no Answers submitted by either Jamarus Smith or

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Monique Banks have been filed, or have been served on counsel for

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the United States.

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accordingly GRANTED.1

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ADJUDGED that the Claims of Jamarus Smith and Monique Banks in the

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above-styled civil action are stricken for failing to comply with

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Rule G(5) and/or pursuant to Rule G(8)(c)(i)(A)-(B) of the

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Supplemental Rules for Admiralty or Maritime Claims and Asset

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Forfeiture Actions because said claimants lacks standing.

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The United States’ Motion (ECF No. 34) is
Therefore, IT IS HEREBY ORDERED AND

IT IS SO ORDERED.
Dated:

September 7, 2012

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________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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Having determined that oral argument was not of material
assistance, the Court submitted this matter on the briefs in
accordance with Eastern District Local Rule 230(g).
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