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

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

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 || currency and defendant Ford seized on September 16, 2009. On May 3, 2010, Pik Lam Chan and Gary || 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 || motion within twenty-one days after filing a claim. If the claimant does not file an answer or a Rule 12 || motion, the United States may move to strike a claim or answer "at any time before trial" for “failing to || comply with Rule G(5)” and/or “because the claimant lacks standing.” Fed. R. Civ. P. Supp. || G(8)(©)G)(A)-(B).

9 3. Statutory standing requires the claimant to comply with certain procedural and statutory || requirements. United States v. 39,557.00, More or Less, in U.S. Currency, 683 F. Supp. 2d 335, 338-39 || (D.N.J. 2010). The importance of filing an Answer cannot be understated, since the Answer provides the || opportunity to present defenses as to why a claimant has standing to contest the forfeitability of the || defendant property. United States v. 1866.75 Board Feet and 11 Doors and Casings, No. 1:07cv1100- || GBL, 2008 WL 839792 (E.D. Va. Mar. 25, 2008). Courts have held claimants to strict compliance with || the Supplemental Rules. United States v. $487,825 in U.S. Currency, 484 F.3d 662, 664B65 (3d Cir. || 2007).

17 4. To date, no Answer has been submitted by Pik Lam Chan or Gary Truong, have been || filed, or have been served on counsel for the United States. Therefore, IT IS HEREBY ORDERED ANI || ADJUDGED that the Claims of Pik Lam Chan or Gary Truong in the above styled civil action are || stricken for failing to comply with Rule G(5) and/or pursuant to Rule G(8)(c)(1)(A)-(B) of the || Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions because the || claimants lack standing.

23 IT IS SO ORDERED.

24 || Dated: July 21, 2021 EF

2 Matin , LEK

26 UNITED STAN DIS Rac} 1UDGE 1100

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