USA v. 1969 Chevrolet Chevelle

Filing 11

ORDER granting 7 Motion to Strike 4 Answer to Complaint, 4 Admiralty Claim. Signed by Judge Elizabeth E Foote on 10/29/2012. (crt,Dauterive, C)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION

UNITED STATES

CIVIL ACTION NO. 12-446

VERSUS

JUDGE ELIZABETH ERNY FOOTE

1969 CHEVROLET CHEVELLE

MAGISTRATE JUDGE MARK HORNSBY

ORDER
Before the Court is a Motion to Strike Sheddrick Jackson’s Claim and Answer
[Record Document 7]. Mr. Jackson was served with this motion on the June 29, 2012.
He has filed no response. Rule G(6) of the Supplemental Rules for Admiralty or
Maritime Claims and Asset Forfeiture Actions provides that the Government may serve
the claimant with special interrogatories in order to determine the claimant’s standing.
Rule G(6)(b) allows the claimant twenty-one days to serve answers or objections to
interrogatories. Rule (8)(c)(i)(A) provides that the Government may move to strike the
claim or answer for failing to timely serve an answer or objection to interrogatories.
See e.g. U.S. v. $27,970.00 in U.S. Currency, 2010 WL 933762 (S.D. Ga. 2010).
The Court finds that on April 16, 2012 Mr. Jackson was served with a set of
special interrogatories pursuant to Rule G(6). [Record Document 7-2]. The Court
further finds that in the five months that have passed since service of these
interrogatories, the claimant has failed to serve answers or objections. Accordingly, the
Court GRANTS the Motion to Strike Sheddrick Jackson’s Claim and Answer [Record
Document 7]. It is ORDERED that the Claim and Answer of Sheddrick Jackson are

hereby STRICKEN pursuant to Rule G(8)(c)(i)(A) of the Supplemental Rules for
Admiralty or Maritime Claims and Asset Forfeiture Actions for failure to comply with Rule
G(6).