United States of America v. 2012 GMC Savana Van et al

Filing 13

ORDER granting 11 Motion to Compel. See Order for further details. Signed by Magistrate Judge Dennis Howell on 08/05/13. (emw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
2:13cv18
UNITED STATES OF AMERICA,

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Plaintiff,
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v.
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2012 GMC SAVANA VAN, et al.,
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Defendant.
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___________________________________ )

ORDER

Pending before the Court is the Government’s Motion to Compel and for
More Definite Statement [# 11]. This is a forfeiture action against various
vehicles, firearms, and currency. Paragraph 8 of the Complaint specifically
incorporated the individually enumerated paragraphs in the affidavit of Billy Stites,
an agent with the Bureau of Indian Affairs. The affidavit was attached to the
Complaint. Subsequently, Claimant Jackie Rattler filed an Answer to the
Complaint, but he did not admit or deny the individually enumerated paragraphs in
the affidavit of Agent Stites. The Government now moves the Court to compel
Claimant Rattler to admit or deny the factual paragraphs contained in the affidavit
of Agent Stites.
As the Government correctly points out, both this Court and at least one
district court in this Circuit have ordered a claimant to submit a verified claim and
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answer that specifically admitted or denied the factual allegations in a declaration
that was incorporated by reference into the complaint. See United States v.
$67,775.00 in U.S. Currency, 278 F.R.D. 345, 346 (D. Md. 2012); United States v.
$28,182, Civil Action No. 1:12cv8 (W.D.N.C. Sept. 13, 2012) (Howell, Mag. J.).
Similarly to the situations in these cases, the Court finds that an Order directing
Claimant Rattler to admit or deny each of the enumerated paragraphs in Agent
Stites’s affidavit that was incorporated by reference into the Complaint is
appropriate in this case. The Court, however, notes that the Government could
eliminate the need for orders such as this and eliminate the confusion to claimants
by specifically including the factual allegations set forth in an affidavit attached to
the complaint in the body of the complaint.
The Court GRANTS the Government’s motion [# 11]. The Court
DIRECTS Claimant Rattler to submit an Amended Answer by August 27, 2013,
that admits or denies each of the enumerated paragraphs in the Complaint as well
as each of the enumerated paragraphs in the affidavit of Agent Stites. The failure to
comply with this Order and submit an Amended Answer that specifically admits or
denies each of the allegations in the Complaint and affidavit of Agent Stites will
result in the Court deeming admitted each of the factual allegations to which
Claimant Rattler did not admit or deny.

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Signed: August 5, 2013

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