UNITED STATES OF AMERICA v. $10,644.00 in U. S. Currency, et al

Filing 21

ORDER granting 17 Motion to Stay regarding 11 MOTION to Supress and for Return of Property - Where Supplemental Rule G(6)(c) provides that the government's response to claimant's motion to dismiss is not due until twenty one (21) days after service of claimants responses to the government's special interrogatories, in the interest of judicial economy, the court will similarly defer response time to the motion to suppress. The motion to stay is GRANTED. The government's t ime to file a response to claimant's motion to suppress is hereby STAYED until twenty-one (21) days after service of claimant's responses to the government's special interrogatories. Signed by District Judge Louise Wood Flanagan on 09/10/2013. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No.: 7:13-CV-147-FL

UNITED STATES OF AMERICA,
Plaintiff,
v.
$10,644.00 IN U.S. CURRENCY and
$1,700.00 IN U.S. CURRENCY,
Defendants,
AARON ACOSTA MORENO,
Claimant.

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ORDER

This matter comes before the court on the government’s motion to stay time for response to
claimant’s motion to suppress, requesting that its response time be stayed until twenty-one (21) days
after service of claimant’s responses to the government’s special interrogatories (DE 17). For good
cause shown, the motion is GRANTED.
On September 3, 2013, claimant filed an answer to the government’s complaint for forfeiture
in rem (DE 10). That same day, claimant filed a motion to suppress the defendant currencies as the
products of unlawful searches and seizures, as well as all observations made by officers after his
detention, included of all statements made by claimant, where claimant maintains his detention was
unlawful (DE 11). On September 5, 2013, claimant filed a motion to dismiss the government’s
complaint (DE 14). On September 6, 2013, The government filed a notice of automatic stay of its
response time to the motion to dismiss noting that, pursuant to Supplemental Rule G(6)(c), the
government’s response to the motion to dismiss is not due until 21 days after service of claimant's

answers to its special interrogatories, propounded that day pursuant to Supplemental Rule G(6)(a)
(DE 15).
Concurrently filed with its notice, the government filed the instant motion to stay time for
response to claimant’s motion to suppress. On September 9, 2013, the government filed a motion
to strike claimant’s answer, contending that claimant lacked standing for failure to comply with
Supplemental Rule G(5) (DE 19). Pursuant to Supplemental Rule G(8)(c)(ii)(A), this motion must
be decided before claimant’s motion to dismiss.
Standing is a prerequisite for the right to file any motion. Claimant’s standing is therefore
a threshold requirement for the proper filing of his motion to suppress. Where Supplemental Rule
G(6)(c) provides that the government’s response to claimant’s motion to dismiss is not due until
twenty-one (21) days after service of claimant’s responses to the government’s special
interrogatories, in the interest of judicial economy, the court will similarly defer response time to
the motion to suppress. The motion to stay is GRANTED. The government’s time to file a response
to claimant’s motion to suppress is hereby STAYED until twenty-one (21) days after service of
claimant’s responses to the government’s special interrogatories.
SO ORDERED, this the 10th day of September, 2013.

_____________________________
LOUISE W. FLANAGAN
United States District Judge