United States of America v. Eight (8) Counterfeit Watches et al

Filing 39

ORDER granting 38 Motion to Dismiss Claim. Signed by Judge Timothy S. Black on 8/28/2024. (rrs)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
vs.
EIGHT (8) COUNTERFEIT
WATCHES, et al.,
Defendants.

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Case No. 1:17-cv-156
District Judge Timothy S. Black
Magistrate Judge Stephanie K. Bowman

ORDER GRANTING MOTION TO DISMISS CLAIM
This case is before the Court on the Government’s motion to dismiss the Claim of
Decedent Claimant, Abdullah Luqman, pursuant to Fed. R. Civ. P. 25(a). (Doc. 38).
On April 19, 2017, the Government filed a Verified Complaint for Forfeiture in
rem against Eight (8) Counterfeit Watches, and Assorted Counterfeit Clothing, Shoes,
and Accessories (collectively, “Defendants”). (Doc. 1). On March 31, 2017, Decedent
Claimant Abdullah Luqman filed a Claim to Defendants. (Doc. 3).
On November 30, 2023, counsel for Decedent Claimant filed a Statement of
Death, noting that Ms. Dorothy Gilbert, a non-party, is Decedent Claimant’s mother and
the only possible successor or likely personal representative of Decedent Claimant known
to counsel. (Doc. 32). Counsel advised Ms. Gilbert of the instant action but noted that he
was not retained to represent any successor, or personal representative for the Estate of
Abdullah Luqman. (Id.) On February 15, 2024, Ms. Gilbert was served with a copy of
the of the Statement of Death. (Doc. 37). On August 14, 2024, the Government filed the

instant motion to dismiss the Claim pursuant to Fed. R. Civ. P. 25(a), noting that more
than ninety (90) days has elapsed from the date of service and no motion for substitution
has been filed. (Doc. 38).
Pursuant to Fed. R. Civ. P. 25(a), if a claim is not extinguished following the death
of a party, “[a] motion for substitution may be made by any party or by the decedent’s
successor or representative. If the motion is not made within 90 days after service of a
statement noting the death, the action by or against the decedent must be dismissed.”
Here, Ms. Gilbert, who is Decedent Claimant’s only known possible successor or
representative, was served with the Statement of Death on February 15, 2024. (Doc. 37).
More than ninety (90) days have now passed and, to date, no claim has been filed and no
motion has been made for substitution of the proper party.
Based upon the foregoing, the Government’s Rule 25(a) motion to dismiss the
Claim is GRANTED. (Doc. 38). Accordingly, the Claim of Decedent Claimant
Abdullah Luqman (Doc. 3) is DISMISSED.
IT IS SO ORDERED.
Date: 8/28/2024

s/ Timothy S. Black
Timothy S. Black
United States District Judge

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