LOUISE W. FLANAGAN, District Judge.
This matter comes before the court on the government's motion to compel responses to its special interrogatories ("Sis"), served on claimants Apolinar Garcia-Ancelmo ("Garcia-Ancelmo"), Cirila Garcia ("Garcia"), and Lucia Yasmin Covarrubias ("Covarrubias")
The government initiated this civil forfeiture action on July 12, 2012, by filing a complaint for forfeiture in rem against $307,970.00 in U.S. currency, to enforce 21 U.S.C. § 881(a)(6). The government alleges that the defendant property was used or intended to be used in exchange for controlled substances, represented proceeds of trafficking in controlled substances, or was used or intended to be used to facilitate a violation of Title II of the Controlled Substances Act, 21 U.S.C. §§ 801 et seg.
Attached to the complaint was the declaration of Harold Jordan, a special agent with the Drug Enforcement Administration ("DEA"), in which he states as follows. On February 16, 2012, Sergeant Matt Miller of the Wayne Count Sheriffs Office stopped a 2002.Mazda Tribute — later determined to be registered to claimant Covarrubias — near the intersection of Hare Road and Tommy's Road in Goldsboro, North Carolina, after observing it cross the double yellow center line and the solid white line on the shoulder. The Tribute was being driven by claimant Garcia-Ancelmo, a farm laborer. Claimant Garcia-Ancelmo gave Sergeant Miller permission to search the vehicle. Sergeant Miller saw a laundry basket in the rear cargo area of the car containing a large black trash bag. He opened the rear door to access the cargo area, partially opened the trash bag and saw the defendant currency inside. He called for additional units to assist, and Deputy R. Hatch arrived and assisted in an inventory of the funds, which was later determined to be in the amount of $307,970.00. Claimant Garcia-Ancelmo was handcuffed for officer safety and told by Sergeant Miller that he was being detained but was not under arrest. Claimant Garcia-Ancelmo denied ownership of the currency, stating that he was he was being paid $1,000.00 to deliver the money. He also told Sergeant Miller he would like to make a deal, and finally told Sergeant Miller to "just take the money" and spend it.
On July 31, 2012, the government filed an amended complaint, correcting only an allegation as to where the defendant funds were seized. On August 20, 2012, claimants Covarrubias and Garcia filed verified claims alleging ownership and possessory interests in the seized funds. On August 29, 2012, claimant Garcia-Ancelmo filed a verified claim, also alleging an ownership and possessory interest in the funds.
On January 28, 2013, claimants filed a motion to dismiss the government's complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). In response, on February 11, 2013, the government filed notice of automatic stay of its time to file a response pursuant to Rule G(6)(c) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture until 21 days after claimants answered ("Sis") served on them pursuant to Supplemental Rule G(6).
On March 5, 2013, claimants filed a motion to stay discovery, including a stay of their obligation to reply to the government's Sis, pending resolution ofthe government's motion to amend and claimant's motion to dismiss. By order entered May 22, 2013, the court denied the government's motion to amend and granted in part and denied in part claimant's motion to stay discovery, directing claimants to respond to the government's Sis within ten (10) days but granting a stay of all other discovery.
On June 14, 2013, the government filed a motion to compel and to stay response to claimants' motion to dismiss. The government contends that claimants' responses to Sis 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 are insufficient. The government also requests that its obligation to respond to claimants' motion to dismiss be stayed until twenty-one (21) days after claimants "fully respond" to the government's Sis. Pl.'s Mot. to Compel 1.
Rule G governs forfeiture actions in rem arising from a federal statute. Fed. R. Civ. P. Supplemental Rule G(1 ). "To the extent that this rule does not address an issue, Supplemental Rules C and E and the Federal Rules of Civil Procedure also apply."
In this case, the government propounded the same sixteen interrogatories to each claimant pursuant to Rule 0(6). Where the government agrees that claimants satisfactorily answered Sis 1, 2, 3, and 16, these are not at issue. The remaining interrogatories relate to matters such as the circumstances surrounding claimant's acquisition of and actions with the defendant currency, information that would support claimants' claim to the currency, whether there are any other owners of the currency and the nature of claimants' possession of any such portion, and whether claimants have been involved in prior seizures. Claimants responded to SI 4, but the government contends that claimants' answers to SI 4 are insufficient. Claimants object to the remaining interrogatories and provide no answers, except to note their relationships to one another in partial response to SI 9. As both sides note, the issues raised in the instant motion to compel are questions of first impression in this district, on which there is no Fourth Circuit authority.
Claimants argue that the answers sought by the government are outside the scope of Rule G(6) as they assert they have met their burden to establish standing at the pleading stage of a case, where this case is now. Claimants note that the purpose of Sis is to allow the government to collect information related to a claimant's standing. They contend that because they have already established standing, the governments motion to compel seeks to prematurely force claimants to prove the merits of their case.
Claimants cite to the Fourth Circuit's unpublished decision of
Claimants' argument is unpersuasive. While the Article III standing requirement may be undemanding at the pleading stage
Rule G thus provides the government with a mechanism by which to accelerate the question of standing. Even assuming that claimants' sworn assertion of ownership successfully establishes standing sufficient to survive a motion to dismiss, that assertion may not be sufficient to establish standing by a preponderance of the evidence at hearing.
In SI 4, the government asked claimants to describe the nature of their ownership interests in the defendant currency. Claimants simply responded that the funds are "profits from lawful business ventures" that they are involved in together. Such a response is inadequate.
Sis 5, 7, and 9 all largely relate to the circumstances surrounding claimants' acquisition of the defendant currency. SI 5 asks about the circumstances in which claimants acquired their alleged ownership interest, including when, where, why, and from whom the funds were acquired, as well as how they were delivered. SI 7 asks — if claimants received any portion of the defendant currency by check — for information such as the payor, payee, amount of the check(s), and approximate dates the check(s) was/were written and cashed or deposited. It further requests that if any portion of the defendant currency was received a form other than cash or check, that the form, amount, and reason for such payment be disclosed. The parts of SI 9 not already answered ask whether any portion of the defendant currency was received by the other two claimants in this action, and if so, why and how much, as well as why claimants were allowed to drive the Mazda Tribute in which the currency was found on specific dates.
Except as to the inquiry regarding why claimants were allowed to drive the Mazda Tribute, the court finds these interrogatories are proper and directs claimants to answer. These questions all relate to claimants' relationship to the defendant property, in that they seek to elucidate the nature of claimants' alleged ownership interest. Therefore such questions bear on claimants' standing.
Sis 6, 8, and 12 request information to support claimants' claim to the defendant currency. SI 6 requests that claimants identify documents relevant to their interest in the defendant currency and provide the contact information of the document's custodian, or in the alternative produce copies of such documents. SI 8 requests contact information for persons who have knowledge of claimants' ownership of the defendant currency, and SI 12 requests claimants provide their employment history for the last five years as well as identify — or alternatively — produce, tax information for the years when they accumulated the defendant currency. These interrogatories also relate to claimants' relationship to the defendant property, seeking information that may support their ownership claim.
Sis 10 and 11 have to do with other parties who may have an interest in any portion of the currency and why claimants were in possession of such portion. SI 10 asks for the name of any such third party, and the amount of the defendant currency owned thereby. SI 11 asks why claimants were in possession of such portion, and when claimants took possession thereof. Again, such questions seek to determine claimants' relationship to the property and are thus proper under Rule G(6). Claimants are directed to answer these interrogatories.
SI 13 inquires as to why the defendant currency was placed in the vehicle in the bags it was in, who placed it there, and how long it had been there. None of this information bears either on claimants' identity or on their relationship with the defendant currency. Instead, it asks about claimants' reasons for their use of the currency.
Accordingly claimants need not answer this interrogatory.
SI 14 asks claimants to identify persons who paid them to deliver the defendant currency, including the person claimant Garcia-Ancelmo referred to as his "boss", as well as to summarize the nature of claimants' employment. Standing alone, such a question does not appear to bear on claimants' identity or relationship to the currency. However, when considering the government's theory that claimant Garcia-Ancelmo was paid to deliver the money by parties unknown, and took directions from an unknown "boss", such a question has to do with claimants' asserted ownership interest, and therefore bears on their relationship to the defendant currency and must be answered.
SI 15 requests that claimants disclose any previous involvement with currency seizures and the details of any such seizures. This information bears neither on the identity of the claimants, nor on their relationship to the defendant property. As claimants argue, it is an inquiry about other properties. Accordingly, the court finds this information falls outside the scope of Rule G(6). The court is aware that at other courts have allowed such an inquiry as a special interrogatory,
Accordingly the court will deny the government's motion to compel with respect to SI 13, 15, and that portion of SI 9 relating to the use of the Mazda Tribute, and grant the motion to compel in remaining part.
Where the court has found that claimants have not fully and properly responded to the government's SIs, the government's motion for a stay of its time to respond to claimant's motion to dismiss until twenty-one (21) days after service of claimants' complete responses — as compelled by this order — will be granted.
Based upon the foregoing, the court GRANTS in part and DENIES in part the government's motion to compel, granting the motion except to that part which requests this court to compel answers to special interrogatories 13, 15, and that portion of special interrogatory 9 dealing with the Mazda Tribute. Claimants shall respond to the government's interrogatories as directed herein within ten (10) days of entry of this order. The court also GRANTS the government's motion to stay its obligation to respond to claimants' motion to dismiss until twenty-one (21) days after claimants have served responses according to this order.
SO ORDERED.