United States v. 2014 Mercedes-Benz GL350BLT

162 F. Supp. 3d 1205, 2016 WL 684603, 2016 U.S. Dist. LEXIS 19401
CourtDistrict Court, M.D. Alabama
DecidedFebruary 18, 2016
DocketCIVIL ACTION NO. 1:14cv1112-MHT
StatusPublished
Cited by2 cases

This text of 162 F. Supp. 3d 1205 (United States v. 2014 Mercedes-Benz GL350BLT) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. 2014 Mercedes-Benz GL350BLT, 162 F. Supp. 3d 1205, 2016 WL 684603, 2016 U.S. Dist. LEXIS 19401 (M.D. Ala. 2016).

Opinion

OPINION

Myron H. Thompson, UNITED STATES DISTRICT JUDGE

In this case, the government filed a complaint for civil forfeiture of the defendant 2014 Mercedes-Benz GL350BLT automobile pursuant to the Civil Asset Forfeiture Reform Act (CAFRA), 18 U.S.C. §§ 981-87. The government seized the car from its purchaser, Nghia Le, and he has made a claim for the car. The court has jurisdiction under 28 U.S.C. § 1345 (action commenced by the United States) and 28 U.S.C. § 1355(a) (action for forfeiture). The court has in rem jurisdiction over the vehicle under 28 U.S.C. § 1355(b).

Now pending before the court are claimant Le’s motion to dismiss and motion for [1208]*1208return of property. Le argues that the government filed its civil complaint too late. The dismissal motion will be treated and granted as a motion for summary judgment, and the return-of-property motion will be granted.

I. BACKGROUND

Claimant Le bought defendant Mercedes-Benz from á Mercedes-Benz dealer in Dothan, Alabama. Shortly after he purchased the vehicle, the government seized it as part of an investigation. The government alleges that Le planned to export the vehicle for profit in violation of a “no-export” agreement that he signed with the dealer at the time of purchase.

After the United States Secret Service seized the vehicle and 'gave Le notice of the seizure, Le filed an administrative claim to the vehicle with the Secret Service as required by 18 U.S.C. § 983(a)(2). Le sent his claim to the agency’s Communications Center in Washington, D.C., at the address the agency had provided him to submit any claim-related documents. He sent the claim by an overnight FedEx courier, and it arrived the next day, July 25, 2014. The parties agree that Le’s claim was timely filed.

Four days later, Le’s claim reached the Asset Forfeiture Division. As the government explains, all incoming mail addressed to the Secret Service’s offices in Washington, D.C. is first processed through a remote delivery site for security screening. From there, the mail is sent on to the Communications Center at the headquarters building, where it is sorted for internal distribution. After being delivered to the appropriate department, an employee opens and date-stamps the mail, then forwards it to the reviewing official. It is not uncommon for this process to take several days. When Le’s claim finally reached the Asset Forfeiture Division, it was stamped July 29, 2014.

On October 24, 2014 — 91 days after Le’s claim had first arrived at the Secret Service’s remote mail-processing center — the government initiated this civil in rem forfeiture action, pursuant to 18 U.S.C. § 981(a)(1)(C). By statute, any civil forfeiture complaint must be filed within 90 days after a claim is received. 18 U.S.C. § 983(a)(3)(A). Thus, as Le argues, when the government filed its complaint, the statutory deadline for this complaint had already passed.

The government does not contest that it filed its complaint 91 days after Le’s claim was received by the mailroom. As the government explains, it calculated the statutory period from the date stamped on the claim, and it was not aware that this date might be different from the date the claim was first received by the agency. It also was not aware that the claim in fact had been received at the remote mail processing center several days earlier, until that fact was brought to its attention by Le’s counsel. As the government’s counsel represented to the court, only after it had filed its complaint did it learn that the Secret Service’s standard protocol is to date-stamp forfeiture claims when they are received by the Asset Forfeiture Division, not on the date they are received in the mailroom.

Le therefore filed a motion to dismiss, arguing that the government’s complaint was untimely and that the vehicle therefore must be returned to him. The government responds with two arguments: first, that the court should construe Le’s filing date as the date his claim reached the Asset Forfeiture Division, which would put ’ the filing of its complaint within the 90-day time limit; and, second, in the alternative, that the court should equitably toll the 90-day filing period by one day.

[1209]*1209II. VEHICLE FOR RELIEF AND STANDARD OF REVIEW

Though Le does not specify the procedural basis for his motion to dismiss, the court construes it as a motion to dismiss for failure to state a claim upon which relief can be granted, pursuant to Fed. R. Civ. P. 12(b)(6). When considering a Rule 12(b)(6) motion, the court must “limit[ ] its consideration to the pleadings and exhibits attached thereto.” Grossman v. Nationsbank, N.A., 225 F.3d 1228, 1231 (11th Cir. 2000) (citation and internal quotation marks omitted). If the parties present evidence outside the pleadings, and if the court considers that evidence, then the Rule 12(b)(6) motion must be “converted into a summary judgment motion necessitating all the procedural safeguards of Rule 56,” including notice to the parties. Finn v. Gunter, 722 F.2d 711, 713 (11th Cir.1984); see also Fed. R. Civ. P. 12(d) (“If, on a motion under Rule 12(b)(6) ..., matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 56. All parties must be given a reasonable opportunity to present all the material that is pertinent to the motion.”). “The purpose of this requirement is to make certain that the parties are aware of the conversion and have an opportunity to present documents and arguments for and against the granting of summary judgment.” Prop. Mgmt. & Invs., Inc. v. Lewis, 752 F.2d 599, 605 (11th Cir.1985).

However, the notice requirement is excused “when the parties are aware of the court’s intent to consider matters outside the record and have presented all the materials and arguments they would have if proper notice had been given.” Starship Enters. of Atlanta, Inc. v. Coweta County, Ga., 708 F.3d 1243, 1253 n. 13 (11th Cir. 2013) (internal quotation marks omitted).

Here, both the parties have attached exhibits to their motion-to-dismiss briefing, which the court has considered in rendering its decision. The court has also taken into consideration various representations made by the parties during an on-the-record conference call.

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162 F. Supp. 3d 1205, 2016 WL 684603, 2016 U.S. Dist. LEXIS 19401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-2014-mercedes-benz-gl350blt-almd-2016.