USA v. YACHT SEA J AND TENDER, FIREARMS AND AMMUNITION
Filing
40
ORDER ON MOTION FOR DECREE OF FORFEITURE granting 30 Motion for Decree of Forfeiture - By JUDGE D. BROCK HORNBY. (mnw)
UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
UNITED STATES OF AMERICA,
PLAINTIFF
v.
YACHT “SEA J” and TENDER,
FIREARMS and AMMUNITION,
DEFENDANTS-IN-REM
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NO. 2:11-CV-227-DBH
ORDER ON MOTION FOR DECREE OF FORFEITURE
The motion is GRANTED. Although the claimant Sfeir attempts to raise an
excessive fines argument through his response to the motion, he has not
complied with Supplemental Rule for Admiralty or Maritime Claims and Asset
Forfeiture Actions G(8)(e) (excessive fines issue is to be presented by motion for
summary judgment or by motion after entry of forfeiture judgment; the defense
must also be pleaded under Rule 8, and there must be an opportunity for
discovery on the issue). See also 2006 Advisory Committee Note (“the parties
must have had the opportunity to conduct civil discovery on the defense”).
SO ORDERED.
DATED THIS 12TH DAY OF JUNE, 2012
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE
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