United States of America v. The M/Y Amadea, a Motor Yacht Bearing International Maritime Organization No. 1012531, Including All Fixtures, Fittings, Manuals, Stocks, Stores, Inventories, and Each Lifeboat, Tender, and Other Appu
Filing
466
ORDER: Both motions are GRANTED as alternative bases for striking the Claim. Opinions on each Motion, explaining the Court's decisions, will issue separately. Accordingly, IT IS HEREBY ORDERED that Claim (ECF No. 9) is STRICKEN. Having granted the Government's motion, no claimants remain in these cases. Accordingly, the Clerk of Court is respectfully directed to enter default judgment in the Government's favor. See United States v. Real Prop. & Premises Located at 2840 S. Ocean Boulevard, Apartment No. 209 & Parking Space No. 166, Palm Beach, Fla. 33480, No. 14 Civ. 2693, 2017 WL 1533538, at *5 (E.D.N.Y. Apr. 21, 2017) (citing Cassella, Asset Forfeiture § 9-2c., at 372 ("If the court grants a Rule G(8)(c) motion to strike, and there are no other claimants, the court may enter judgment for the Government directly.")). SO ORDERED. (Signed by Judge Dale E. Ho on 3/10/2025) (ks) Transmission to Orders and Judgments Clerk for processing.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
Plaintiff,
v.
23 Civ. 9304 (DEH)
The M/Y Amadea, a Motor Yacht Bearing
International Maritime Organization No.
1012531,
MEMORANDUM ORDER
Defendant.
DALE E. HO, United States District Judge:
Before the Court are two motions from the Government seeking the same relief: a Motion
to Strike the Claim, see ECF No. 97, and a Motion for Sanctions (filed under seal via email).
Each motion seeks to strike the Claim of Claimants Eduard Khudainatov and Millemarin
Investments Ltd. (“Khudainatov” and “Millemarin” and, together, “Claimants”), ECF No. 9.
Both motions are GRANTED as alternative bases for striking the Claim. Opinions on
each Motion, explaining the Court’s decisions, will issue separately.
Accordingly, IT IS
HEREBY ORDERED that Claim (ECF No. 9) is STRICKEN.
Having granted the Government’s motion, no claimants remain in these cases.
Accordingly, the Clerk of Court is respectfully directed to enter default judgment in the
Government’s favor. See United States v. Real Prop. & Premises Located at 2840 S. Ocean
Boulevard, Apartment No. 209 & Parking Space No. 166, Palm Beach, Fla. 33480, No. 14 Civ.
2693, 2017 WL 1533538, at *5 (E.D.N.Y. Apr. 21, 2017) (citing Cassella, Asset Forfeiture § 92c., at 372 (“If the court grants a Rule G(8)(c) motion to strike, and there are no other claimants,
the court may enter judgment for the Government directly.”)).
SO ORDERED.
Dated: March 10, 2025
New York, New York
DALE E. HO
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?