United States of America v. Beretta USA Corp. PICO Pistol, 380 Caliber, Serial Number PC013705 et al

Filing 19

ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, 15 . Plaintiff's motion for default judgment is rendered moot, 18 . Signed on 6/27/18 by District Judge Ortrie D. Smith. (Order mailed to Claimants.) (Matthes Mitra, Renea)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
UNITED STATES OF AMERICA,

)
)
Plaintiff,
)
)
vs.
)
)
BERETTA USA CORP. PICO PISTOL, )
380 CALIBER, SERIAL NUMBER
)
PC013705, et al.,
)
)
Defendants.
)

Case No. 4:17-CV-00923-ODS

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
Pending is Plaintiff’s motion for summary judgment. Doc. #15. As detailed
below, the Court grants Plaintiff’s motion for summary judgment.
On October 31, 2017, Plaintiff United States of America filed a complaint for
forfeiture in rem against Defendant property.1 Doc. #1. The complaint was mailed to
Desiree and Walter Marble (“Claimants”), from whom the property was seized. Docs.
#2-3. On December 6, 2017, Claimants filed a joint verified claim to Defendant
property. Doc. #3. On December 22, 2017, Claimants filed an answer to the complaint.
Doc. #5. On March 5, 2018, Plaintiff served Claimants with Requests for Admissions.
Doc. #15-5. Claimants did not respond to Plaintiff’s Requests for Admissions, and the
deadline for doing so has passed. Therefore, the requests are deemed admitted. Fed.
R. Civ. P. 36(a)(3).

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The following defendant firearms and ammunition were seized from Claimants’
residence, and itemized on a Receipt for Property Form (ATF Form 3400.23) on June 2,
2017: Beretta USA Corp. PICO Pistol, 380 Caliber, Serial Number PC013705; CZ
(Ceska Zbrojovka) CZ2075 RAMIP. Pistol 9 Caliber, Serial Number A759326; Century
Arms International C308 Sporter Rifle, 308 Caliber, Serial Number C308E00604;
Norinco (North China Industries) SKS Rifle, 762 Caliber, Serial Number 25006277;
Harrington & Richardson 1871 Inc. Pardner Shotgun, 12 Caliber, Serial Number
NZ627565; Mossberg Unknown Shotgun, Unknown Caliber, Serial Number C21689;
Marlin Firearms Co., 60 Rifle, .22 Caliber, Serial Number 00234792; and 2238 Rounds
of Assorted Ammunition and Multiple Caliber.

On April 24, 2018, Plaintiff filed a motion for summary judgment. Doc. #15.
Claimants did not respond to Plaintiff’s motion. Accordingly, on May 22, 2018, the Court
issued an order directing Claimants to show cause why the Court should not grant
Plaintiff’s motion for summary judgment. Docs. #16-17. The Court specifically warned
Claimants that failure to respond by June 12, 2018, would result in the Court deeming
Plaintiff’s motion ripe for consideration. Id. The Order was sent, via regular mail and
certified mail, to Claimants at (1) the address where the Defendant property was seized,
and (2) the address provided in Claimants’ answer. Id. Claimants did not respond to
the Court’s Order, and the time for doing so has passed.
Because Claimants did not respond to Plaintiff’s motion for summary judgment,
the Court considers the facts set forth by Plaintiff to be undisputed and admitted. See
Fed. R. Civ. P. 56(e)(2); L. R. 56.1(b)(1). Based upon the record and applicable law,
the Court finds Plaintiff is entitled to summary judgment. Fed. R. Civ. P. 56(e)(3).
Accordingly, Plaintiff’s motion for summary judgment is granted in its favor and against
Claimants.
Also pending is Plaintiff’s motion for default judgment, which is rendered moot by
the Court’s decision on Plaintiff’s motion for summary judgment. Doc. #18.
IT IS SO ORDERED.
/s/ Ortrie D. Smith
ORTRIE D. SMITH, SENIOR JUDGE
UNITED STATES DISTRICT COURT

DATE: June 27, 2018

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