United States of America v. $50,900 in United States Currency

Filing 53

ORDER granting 44 plaintiff's Motion to Strike the Answer Filed by Benjamin Polat and Luis Grillo and striking 41 Claimants' Answer to Verified Complaint for Forfeiture In Rem (as more fully set out). Signed by Honorable Vicki Miles-LaGrange on 6/16/2017. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
UNITED STATES OF AMERICA,

)
)
Plaintiff,
)
)
vs.
)
)
$50,900.00 IN UNITED STATES
)
CURRENCY OF IBC BANK CASHIER’S )
CHECK #162263996 IN THE AMOUNT )
OF $250,910 IN UNITED STATES
)
CURRENCY, SEIZED ON MAY 27, 2015, )
FROM INSURED AIRCRAFT TITLE
)
SERVICES, INC.,
)
)
Defendant.
)

Case No. CIV-16-934-M

ORDER
Before the Court is plaintiff’s Motion to Strike the Answer Filed by Benjamin Polat and
Luis Grillo, filed January 25, 2017. Claimants Benjamin Polat and Luis Grillo have filed no
response.
Pursuant to Federal Rule of Civil Procedure 12(a)(4)(A), claimants’ answer was due by or
before December 28, 2016. Without obtaining leave of Court, claimants filed their answer on
January 23, 2017. Further, on February 14, 2017, claimants filed an Application for Extension of
Time to File Answer to Verified Complaint Out of Time or Alternatively to Deem the Answer as
Timely Filed. In a separate order issued this same date, the Court has denied claimants’ application
for extension of time or to deem the answer timely filed. Accordingly, the Court finds that
claimants’ answer is untimely and should be stricken.

The Court, therefore, GRANTS plaintiff’s Motion to Strike the Answer Filed by Benjamin
Polat and Luis Grillo [docket no. 44] and STRIKES Claimants’ Answer to Verified Complaint for
Forfeiture In Rem [docket no. 41].
IT IS SO ORDERED this 16th day of June, 2017.