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