United States of America v. $70,000 Seized from Mutual Credit Union, Account No. XXXXXX-04

Filing 28

ORDER denying 25 Motion to Strike. Claimant Lee Davis's answers or objections to interrogatories due June 6, 2012. Signed by Honorable David C. Bramlette, III on 6/11/2012 (ECW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
UNITED STATES OF AMERICA
VS.

PLAINTIFF
CIVIL ACTION NO. 5:11-cv-105(DCB)(JMR)

$70,000 SEIZED FROM MUTUAL CREDIT
UNION, ACCOUNT NO. XXXXXX-04

DEFENDANT PROPERTY

ORDER
This cause is before the Court on the United States’ motion to
strike (docket entry 25) the claim and answer of Lee Davis,
pursuant to Rule G(8)(c)(i)(A) of the Supplemental Rules for
Admiralty or Maritime Claims and Asset Forfeiture Actions.

Having

carefully considered the motion and response, and being fully
advised in the premises, the Court finds as follows:
On November 28, 2011, this Court granted Davis’s unopposed
Motion to Vacate Default Judgment, and ordered Davis to file a
Verified Statement of Right or Interest and an Amended Answer
within 21 days of the Court’s order.

Davis filed his verified

claim on November 28, 2011, and his amended answer on December 18,
2011.
On April 13, 2012, the Government served Davis with Special
Interrogatories pursuant to Rule G(6) of the Supplemental Rules for
Admiralty

or

Maritime

Claims

and

Asset

Forfeiture

Actions.

Supplemental Rule G(6)(b) provides that “answers or objections to
these interrogatories must be served within 21 days after the
interrogatories are served.”

The Government moves to strike

Davis’s

claim

and

answer

pursuant

to

Supplemental

Rule

G(8)(c)(i)(A) for his failure to comply with Supplemental Rule
G(6).
In response, Davis admits that he did not provide answers to
the interrogatories within the time allotted, and failed to move
for an extension within said time.

Further, Davis shows that he

has conferred with counsel for the Government, who agreed to an
extension of 14 days, i.e. to June 6, 2012, for Davis to provide
the answers to interrogatories.

On June 6, 2012, Davis filed his

notice of service of response to interrogatories.

Accordingly,

IT IS HEREBY ORDERED that claimant Lee Davis’s request for
extension

of

time

to

June

6,

2012,

to

file

answers

to

interrogatories is GRANTED;
FURTHER ORDERED that the Government’s motion to strike (docket
entry 25) the claim and answer of Lee Davis, pursuant to Rule
G(8)(c)(i)(A) of the Supplemental Rules is DENIED.
SO ORDERED, this the 11th day of June, 2012.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE

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