United States of America v. $28,182,00 in United States Currency

Filing 35

ORDER granting 31 Motion to Compel. Claimant Smith shall respond to the Governments discovery requests by April 1, 2013. Signed by Magistrate Judge Dennis Howell on 03/13/2013. (Pro se litigant served by US Mail.)(thh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:12cv8
UNITED STATES OF AMERICA,

)
)
Plaintiff,
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v.
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$28,182.00 in United States Currency,
)
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Defendant.
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___________________________________ )

ORDER

Pending before the Court is the Government’s Motion to Compel [# 31].
Previously, the Court denied the Government’s Motion to Compel for failing to
comply with Local Rule 7.1, which requires the filing of a motion and supporting
brief. (Order, Feb. 31, 2013.) The Government then re-filed the Motion to
Compel with a document purporting to be a brief. Despite the deficiencies of the
Government’s pleadings, the Court will consider the merits of the Government’s
motion in order to move this case towards final resolution. The Court GRANTS
the motion [# 31].
I.

Analysis

The Government served Claimant Artie Smith with its First Interrogatories
by the United States and First Request for Production by the United States in
November 2013. Claimant Smith did not respond to the interrogatories or
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document requests. After Claimant Smith did not respond to the Government’s
discovery requests within the time required by the Federal Rules of Civil
Procedure, the Government sent Claimant Smith two letters requesting that he
comply with his discovery obligations under the Federal Rules. The Government
also notified Claimant Smith of its intention to move to compel the production of
responsive documents and answers to interrogatories. To date, however, Claimant
Smith has still not responded to the Government’s discovery requests.
Where a party fails to answer an interrogatory or respond to a request for
production of documents, the party seeking discovery may move for an order
compelling an answer and production. Fed. R. Civ. P. 37(a)(3)(B). Claimant
Smith failed to respond to the Government’s discovery requests and has not
responded to the Motion to Compel. Prior to filing the Motion to Compel, the
Government also attempted in good faith to obtain the relevant discovery from
Claimant Smith. Accordingly, the Court GRANTS the Motion to Compel [# 31].
Claimant Smith shall respond to the Government’s discovery requests by April 1,
2013.
II.

Conclusion

The Court GRANTS the Motion to Compel [# 31]. Claimant Smith shall
respond to the Government’s discovery requests by April 1, 2013. The Court
INTRUCTS Claimant Smith that the failure to comply with this Order may result
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in the imposition of sanctions.
Signed: March 13, 2013

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