United States v. Aprox. $19,000.00 in U.S. Currency ( 2021 )

11 PHILLIP A. TALBERT Acting United States Attorney 22 KEVIN C. KHASIGIAN Assistant U. S. Attorney 33 501 I Street, Suite 10-100 Sacramento, CA 95814 44 Telephone: (916) 554-2700 55 Attorneys for the United States 66 77 88 99 IN THE UNITED STATES DISTRICT COURT 1100 EASTERN DISTRICT OF CALIFORNIA 1111 1122 UNITED STATES OF AMERICA, 2:10-cv-00496-MCE-DB 1133 Plaintiff, 1144 v. ORDER GRANTING MOTION TO STRIKE CLAIMS OF PIK LAM CHAN 1155 APPROXIMATELY $19,000.00 IN U.S. AND GARY TRUONG PURSUANT CURRENCY, TO RULE G(8)(c) OF THE 1166 SUPPLEMENTAL RULES FOR APPROXIMATELY $10,000.00 IN U.S. ADMIRALTY OR MARITIME AND 1177 CURRENCY, ASSET FORFEITURE ACTIONS 1188 APPROXIMATELY $16,929.00 IN U.S. CURRENCY, 1199 ONE 2005 FORD F-150 TRUCK, VIN: 2200 1FTPW14515FB11508, CALIFORNIA LICENSE NUMBER: 8A48619, 2211 Defendants. 2222 2233 Presently before this Court is the United States’ Motion to Strike the Claims of Pik Lam Chan and 2244 Gary Truong pursuant to Rule G(8)(c)(i)(A)-(B) of the Supplemental Rules for Admiralty or Maritime 2255 Claims and Asset Forfeiture Actions (the “Supplemental Rules.” No opposition to that Motion was 2266 submitted. After having read and considered the Motion, given the lack of any opposition, and good 2277 cause appearing, the United State’ Motion to Strike (ECF No. 31) is hereby GRANTED. The Court finds 1 1. On March 1, 2010, the United States filed this civil forfeiture case against the defendant 2 || currency and defendant Ford seized on September 16, 2009. On May 3, 2010, Pik Lam Chan and Gary 3 || Truong filed claims to the defendant currency and defendant Ford. 4 2. Supplemental Rule G(5)(b) provides that a claimant must file an answer or a Rule 12 5 || motion within twenty-one days after filing a claim. If the claimant does not file an answer or a Rule 12 6 || motion, the United States may move to strike a claim or answer "at any time before trial" for “failing to 7 || comply with Rule G(5)” and/or “because the claimant lacks standing.” Fed. R. Civ. P. Supp. 8 || G(8)(©)G)(A)-(B). 9 3. Statutory standing requires the claimant to comply with certain procedural and statutory 10 || requirements. United States v. 39,557.00, More or Less, in U.S. Currency, 683 F. Supp. 2d 335, 338-39 11 || (D.N.J. 2010). The importance of filing an Answer cannot be understated, since the Answer provides the 12 || opportunity to present defenses as to why a claimant has standing to contest the forfeitability of the 13 || defendant property. United States v. 1866.75 Board Feet and 11 Doors and Casings, No. 1:07cv1100- 14 || GBL, 2008 WL 839792 (E.D. Va. Mar. 25, 2008). Courts have held claimants to strict compliance with 15 || the Supplemental Rules. United States v. $487,825 in U.S. Currency, 484 F.3d 662, 664B65 (3d Cir. 16 || 2007). 17 4. To date, no Answer has been submitted by Pik Lam Chan or Gary Truong, have been 18 || filed, or have been served on counsel for the United States. Therefore, IT IS HEREBY ORDERED ANI 19 || ADJUDGED that the Claims of Pik Lam Chan or Gary Truong in the above styled civil action are 20 || stricken for failing to comply with Rule G(5) and/or pursuant to Rule G(8)(c)(1)(A)-(B) of the 21 || Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions because the 22 || claimants lack standing. 23 IT IS SO ORDERED. 24 || Dated: July 21, 2021 EF 2 Matin , LEK 26 UNITED STAN DIS Rac} 1UDGE 27 28 11 22 33 44 55 66 77 88 99 1100 1111 1122 1133 1144 1155 1166 1177 1188 1199 2200 2211 2222 2233 2244 2255 2266 2277