USA v. 35 Luxury Vehicles

Filing 64

ORDER denying as moot 42 Claimant's Motions for Forfeiture of Probable Cause Hearing and Request for Oral Argument. Signed by Judge Sheri Polster Chappell on 8/21/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
USA,
Plaintiff,
v.

Case No: 2:13-cv-793-FtM-38CM

34 LUXURY VEHICLES,
Defendant.
/
ORDER1
This matter comes before the Court on Claimant’s Motions for Forfeiture of
Probable Cause Hearing and Request for Oral Argument (Doc. #42, Doc. #43) filed on
May 8, 2014. Claimant Grand Union International (Grand Union) submitted these
motions requesting a special hearing to determine whether probable cause exists under
the theory of forfeiture in the Government’s Amended Complaint. (Doc. #42 at 4-5). The
Government has since requested leave to file a Second Amended Complaint (Doc.
#56), which has been granted. (Doc. #62). The Government filed its Second Amended
Complaint on August 21, 2014, requesting forfeiture of the in rem property pursuant to
19 U.S.C. § 1595(a). (Doc. #63). Grand Union’s motion for a probable cause hearing is
thus moot, as the operative pleading in this matter is the Government’s Second
Amended Complaint. Pursuant to Fed. R. Civ. P 12(a), Grand Union and the other
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claimants in this action may file timely responses to the Second Amended Complaint,
and may assert any relevant defenses under Rule 12(b).
Accordingly, it is now
ORDERED:
Claimant's Motions for Forfeiture of Probable Cause Hearing and Request for
Oral Argument (Doc. #42, Doc. #43) is DENIED as moot.
DONE and ORDERED in Fort Myers, Florida this 21st day of August, 2014.

Copies: All Parties of Record

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