United States v. $15,333.00 in United States Currency

988 F. Supp. 2d 1229, 2013 WL 6712633, 2013 U.S. Dist. LEXIS 178457
CourtDistrict Court, D. Oregon
DecidedDecember 18, 2013
DocketNo. 3:12-cv-00280-MA
StatusPublished
Cited by3 cases

This text of 988 F. Supp. 2d 1229 (United States v. $15,333.00 in United States Currency) is published on Counsel Stack Legal Research, covering District Court, D. Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. $15,333.00 in United States Currency, 988 F. Supp. 2d 1229, 2013 WL 6712633, 2013 U.S. Dist. LEXIS 178457 (D. Or. 2013).

Opinion

OPINION AND ORDER

MARSH, District Judge.

On November 15, 2013, plaintiff in this civil forfeiture proceeding moved to strike [1231]*1231the claim of Don L. Brown on account of claimant’s repeated failure to comply with court orders and discovery rules. Claimant is proceeding pro se in this matter. As of the date of this order, claimant has not filed, any response to plaintiffs motion.

FACTUAL BACKGROUND

Plaintiff initiated this action on February 16, 2012. On March 28, 2012, claimant filed a claim on the defendant currency, and the parties began litigating this action. On August 2, 2012, claimant informed plaintiffs counsel by telephone that he was in the process of deciding whether to hire counsel or proceed pro se. Declaration of Leslie J. Westphal (#23) ¶2 (Westphal Dec.). Plaintiffs counsel asked claimant to call back by the end of the following week to inform her of his decision regarding counsel, and informed claimant that if she did not hear back from him, plaintiff would begin discovery. Id. Plaintiffs counsel did not hear back from claimant. Id.

On August 23 and 29, 2012, respectively, plaintiff served its First Set of Interrogatories and Request for Admissions on claimant. Deck of Jessica L. Jones (# 15), exhs. A-C. Having received no response to either request, plaintiffs counsel sent a letter to claimant on November 5 reminding him about the interrogatories and request for admissions, advising him of the consequences of failure to respond, and granting him an additional week to respond to the requests. Id. exh. D. Claimant did not respond.

Prior to filing a Motion to Strike Claim, plaintiff called claimant on January 24, 2013 and January 28, 2013, but was unable to reach him. Pl.’s Mot. to Strike Claim (# 13). Accordingly, on January 29, 2013, plaintiff moved to strike Mr. Brown’s claim, and alternatively moved for summary judgment largely based on the admissions that were deemed admitted as a result of claimant’s failure to respond.

A week later, on February 5, 2013, claimant called plaintiffs counsel. Westphal Dec. ¶4. Claimant represented to plaintiffs counsel that he had not received plaintiffs motion to strike because he had not checked his mail. Id. Plaintiffs counsel reminded claimant that he had not responded to plaintiffs discovery requests, and needed to respond to plaintiffs motion to strike to avoid forfeiture of the defendant currency. Id. Nonetheless, claimant did not immediately respond to plaintiffs motion, and, on February 19, 2013, the court issued an order advising claimant that he must respond by March 5 and that failure to do so would result in the striking of his claim. CR # 17.

On March 5, claimant responded to plaintiffs motion, advising the court that he was attempting to obtain legal counsel and requesting additional time to do so. CR #19, 20. On March 25, 2013, the court issued a summary judgment advice notice instructing claimant to file his substantive opposition to the government’s motion within 30 days. CR #25. On April 19, 2013, claimant responded by way of filing a motion to suppress, his responses to the Request for Admissions served on him in August of 2012, and a motion for an extension of time seeking to have his responses to the Request for Admissions deemed timely. CR # 27, 28.

On July 22, 2013, after a round of briefing, the court construed claimant’s motion for extension of time to respond to the request for admissions as a motion to withdraw admissions, granted the motion, and deemed claimant’s responses timely. The court, however, “admonished” claimant that “pro se litigants must comply with the rules of civil procedure and court-imposed deadlines that govern other litigants.” CR #42 at 2. The court additionally denied [1232]*1232plaintiffs motion to strike and for summary judgment, and determined that an evidentiary hearing was necessary to resolve claimant’s motion to suppress. Id. at 2-5. In anticipation of holding a hearing, the court ordered the parties to produce witness lists, witness statements, and an estimated hearing length within 45 days. Id. at 5.

On September 5, 2013, plaintiff filed its witness list, witness statements, and estimated hearing length. CR # 44. Rather than comply with the court’s order, claimant filed a “Motion for Return of Illegally Seized Money” on September 13, 2013 that did not include any materials relevant to the evidentiary hearing, but rather alleged incorrectly that plaintiff failed to file its materials. CR # 48.

On September 16, 2013, the court issued an Order to Show Cause informing claimant that he failed to comply with the court’s order of July 22, and ordering him to file his witness list and witness statements no later than September 26, 2013. CR # 46. The court-additionally warned claimant that “failure to timely comply with this order will result in the denial of his Motion to Suppress Evidence,” Id. at 2. Two days later, the court denied claimant’s Motion for Return of Illegally Seized money without prejudice to the pending claim, advised claimant that plaintiff timely filed its witness list and statements, and reminded claimant of his duty to file his witness list and statements no later than September 26. CR # 49.

On September 30, 2013, claimant filed an “Objection to Government’s Witness List, and Witness Statements” that did not include his own witness list or statements, but rather sought an additional 45-day extension. CR # 55. On October 2, 2013, the court denied claimant’s request for an additional extension of time and issued an order denying claimant’s Motion to Suppress Use of Property as Evidence for failure to comply with the court’s orders of July 22 and September 16, and warning claimant that “any further noncompliance with court orders or deadlines, or discovery rules and deadlines, may result in striking of his claim.” CR # 56. One week later, on October 9, 2013, claimant submitted a “Response and Declaration in re Show Cause and Witness Statements” in which he stated that his only witness would be the officer that pulled him over in the traffic stop in question, and asserted that his failure to comply with the court’s orders was caused by postal delays. CR #59. '

On November 15, 2013, plaintiff filed the instant motion to strike Mr. Brown’s claim and answer. CR # 60. In an attached declaration, counsel for the government explained that on October 4, 2013, the government noticed claimant’s deposition for October 17, 2013 and invited claimant to contact counsel if he wished to change the date. Second Declaration of Leslie J. Westphal (# 62) ¶ 2. In addition, counsel for plaintiff reminded claimant that he was required to answer the interrogatories the government had served more than a year prior and attached an additional copy of the request. Id. at ¶ 3, On October 10, 2013, claimant called plaintiffs counsel and asked to reschedule his deposition for November 14. Id. ¶ 5. Plaintiffs counsel agreed and sent a new Notice of Deposition to claimant reflecting the agreed date. Id.

Claimant failed to appear at his deposition on November 14, 2013 without giving prior notice to plaintiffs counsel. Id. at ¶ 7. When plaintiffs counsel called claimant to ask why he neither appeared for the deposition nor called to reschedule, claimant indicated that he was caring for a sick person. Id. at ¶ 9.

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Bluebook (online)
988 F. Supp. 2d 1229, 2013 WL 6712633, 2013 U.S. Dist. LEXIS 178457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-1533300-in-united-states-currency-ord-2013.