United States of America v. $16,978.29 in United States Currency

Filing 16

ORDER granting 12 Motion to Strike 9 Answer. Signed by Judge Larry R. Hicks on 12/6/12. (Copies have been distributed pursuant to the NEF - JC)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 8 *** 9 10 11 12 13 14 ) ) ) ) Plaintiff, ) ) v. ) $16,978.29 IN UNITED STATES CURRENCY, ) ) Defendant. ) UNITED STATES OF AMERICA, 3:12-cv-425-LRH-WGC (Proposed) ORDER GRANTING MOTION (#12) TO STRIKE ANSWER 15 16 On October 17, 2012, the United States filed its motion (#12) to strike the answer filed by 17 putative claimant Mark Enriquez on the grounds that Enriquez failed to first file a verified claim as 18 required by 18 USC § 983(a)(4) and Rule G(5) of the Supplemental Rules for Certain Admiralty 19 and Maritime Claims and Forfeiture Actions. Enriquez has not filed an opposition or other 20 response to the United States’ motion and the time within which a timely response could be filed 21 has expired. The time for filing a response to the United States’ motion has not been extended nor 22 has such an extension been requested. 23 Pursuant to Local Rule 7-2(d), the failure to file such a response “shall constitute a 24 consent to the granting of the motion.” The record herein provides adequate grounds for the 25 granting of the motion. Quite plainly, the applicable rules pertaining to this action require that a 26 verified claim be filed in this action in order to allow a person to participate as a claimant. No 1 2 3 verified claim was filed in this action by Enriquez prior to the filing of the answer (#9). Accordingly, the United States’ motion to strike (#12) is GRANTED and the Answer (#9) filed by Mark Enriquez is STRICKEN. 4 Date: _________________, 2012 5 DATED this 6th day of December, 2012. 6 7 _____________________________ UNITED STATES DISTRICT JUDGE ________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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