United States of America v. $99,500.00 U.S. Currency Seized on March 20, 2016 et al
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|Date Filed||#||Document Text|
|May 23, 2018
Memorandum of Opinion and Order: This matter is before the Court upon Plaintiff United States of America's Motion to Strike Claim and Answer for Failure to Respond to Discovery Requests (Doc. 40 ). The Court is disturbed by the amount o f time that both the Court and the Government have had to expend on this issue when Claimant could have filed a response months ago that made clear that he was invoking the Fifth Amendment in response to all discovery. Nevertheless, Court finds that striking his claim and answer would be too harsh of a sanction in these circumstances. Thus, the United States' Motion to Strike Claim and Answer for Failure to Respond to Discovery Requests is DENIED. Judge Patricia A. Gaughan on 5/23/18. (LC,S)
|January 5, 2017
Memorandum of Opinion and Order: Accordingly, the government's Motion to Strike Claim of Samson Primm (Doc. 6) is hereby GRANTED. Because Primm lacks standing, the Court need not reach his argument that the defendant currencies were unla wfully seized in violation of the Fourth Amendment or the Takings Clause. See, e.g., United States v. $57,888.00 in Currency, 2011 WL 2972106, at **2-3 (N.D. Ohio July 11, 2011) (holding that because claimant lacked standing, court need not reach claimant's argument that government did not have probable cause to seize currency). Judge Patricia A. Gaughan on 1/5/17. (LC,S) re 8 Modified on 1/5/2017 (LC,S).
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