United States v. Seizure of One Blue Nissan Skyline Automobile

ORDER DENYING CLAIMANT’S MOTION FOR JUDGMENT ON THE PLEADINGS

Claimant’s Motion for Judgment on the Pleadings (“Motion”) [Docket No. 16] came regularly for hearing on February 1, 2010. The Court has considered the pleadings filed by the parties in this matter and the oral arguments presented during the hearing. The Motion is hereby DENIED.

I.

Background

Plaintiff United States of America filed its complaint on October 1, 2009, seeking forfeiture of Defendants (two Nissan Skyline vehicles) on the ground that Defendants were illegally imported. Claimant GT-A International (“Claimant”) purchased Defendants prior to seizure and seeks their return.

On January 4, 2010, Claimant filed its Motion, seeking judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). On January 11, 2010, Plaintiff filed a Memorandum of Points and Authorities in Opposition to the Motion for Judgment on the Pleadings (“Opposition”). Claimant filed its reply on January 19, 2010.

II.

Discussion

Claimant moves for judgment on the pleadings under Rule 12(c) of the Federal Rules of Civil Procedure, alleging that Plaintiffs failure to arrest Defendants and publish notice after filing the…