The opinion
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
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