United States v. Real Property Located at 17 Coon Creek Road

Opinion by Judge BUCKLO; Dissent by Judge RAWLINSON.

OPINION

Byron Pickle (“Pickle”) appeals the district court’s June 15, 2012, default judgment and final judgment of forfeiture of real property located at 17 Coon Creek Road in Hawkins Bar, California (the “defendant property”). The judgment was entered after the court granted the government’s motion to strike Pickle’s claim and answer based on Pickle’s failure to respond to special interrogatories the government propounded pursuant to Federal Rules of Civil Procedure’s Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions (“Rule”) G(6)(c)(i)(A), and then denied Pickle’s motion to stay on the ground that without a claim, Pickle lacked standing to challenge the forfeiture action.

It is apparent from the district court’s order that it viewed Pickle’s failure to answer the Rule G(6) special interrogatories as a per se basis for striking his claim. Because that conclusion is incorrect as a matter of law, we reverse and remand the ease for further proceedings consistent with this opinion.

BACKGROUND

On July 16, 2009, the United States initiated this in rent action seeking forfeiture of the defendant…

dissenting:

I respectfully dissent. The majority’s misinterpretation of the rules applicable to forfeiture actions conflicts with our precedent and the decisions of nearly every other court to consider the issue we decide.

The rules governing civil forfeiture actions operate in a unique manner in discerning a claimant’s standing. In particular, the rules establish a special role for discovery in determining whether a claimant has standing to challenge a forfeiture action. At issue in this case is the application of Rule G of the Supplemental Rules of the Federal Rules of Civil Procedure for Admiralty or Maritime Claims and Asset Forfeiture Actions (Rule G).

Rule G(8)(c)(i) provides:

*980 . Rule G(8)(c)(i) is not complex in its application. It expressly provides that “[a]t any time before trial,” the government may file a motion to strike a claim because the claimant failed to comply with Rule G(5) or (6) or because the claimant otherwise “lacks standing.” Id. Rule G(6) is equally straightforward regarding the government’s utilization of special interrogatories in determining the claimant’s standing:

Rule G(6)(a). It is readily apparent from the language of Rule G(6)(a)…

BACKGROUND

On July 16, 2009, the United States initiated this in rem action seeking forfeiture of the defendant property. The forfeiture action was the result of criminal investigations by the California Bureau of Narcotic Enforcement (BNE) into suspected marijuana trafficking activities by claimant Byron Pickle, his son, James Pickle, and his brother, Thomas Pickle, all of whom were arrested after searches executed on the

UNITED STATES V. PICKLE

defendant property (where Pickle resided), and the “Hennessy Road property” (where Thomas and James resided), revealed, inter alia, a large marijuana cultivation site, several hundred marijuana plants, bagged marijuana, packaging materials, firearms, and tens of thousands of dollars in cash. James and Thomas were charged with state drug offenses, but the District Attorney declined to file criminal charges against Pickle, and the BNE closed its investigation into Pickle’s conduct on May 27, 2010.

The government’s verified complaint for forfeiture states that Pickle is “[t]he recorded owner of the defendant real property.” It further asserts that “Pickle occupies the main residence” located on the…