Opinion
Case No. 1:12-cv-500
05-28-2014
United States of America, Plaintiff, v. $9,612 in United States Currency, Defendant.
Chief Judge Susan J. Dlott
ORDER
This matter came before the Court for a telephonic conference on May 27, 2014. At that time, counsel for the Government and counsel for Claimant Jeffery Pickett advised the Court that Pickett has been noticed for deposition three times but has not once appeared.
The Federal Rules of Civil Procedure allow the Court to sanction a party who fails to attend his own deposition. Rule 37(d) provides in pertinent part: "The court where the action is pending may, on motion, order sanctions if: (i) a party . . . fails, after being served with proper notice, to appear for that person's deposition. . . . Sanctions may include any of the orders listed in Rule 37(b)(2)(A)(i)-(vi)." Fed. R. Civ. P. 37(d)(1)(A), (3). Rule 37(b)(2)(A) sanctions include striking the pleadings in whole or in part.
If a claimaint's unwillingness to appear in person in a civil forfeiture case results in noncompliance with discovery or other matters, he may be exposed to sanctions as any other uncooperative party. Degen v. United States, 517 U.S. 820, 827 (1996). The Sixth Circuit has upheld the dismissal of an action as a sanction for a forfeiture claimant's failure to respond to requests to produce documents. See United States v. Reyes, 307 F.3d 451, 457-58 (2002). Thus, this Court has authority under Fed. R. Civ. P. 37(d) to strike Pickett's claim as a sanction for his failure to appear at his own deposition, provided that the Government moves for such a sanction and certifies that it has in good faith attempted to confer with Pickens in an effort to obtain his compliance. See Fed. R. Civ. P. 37(d)(1)(B).
The Court hereby orders Claimant Jeffery Pickett to schedule and submit to a deposition by the Government, either in person or by video conference, within thirty days of the date of this Order. If he does not, upon motion by the Government, the Court will strike Pickett's Claim of Forfeiture and Answer, Docs. 8 and 10.
IT IS SO ORDERED.
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Chief Judge Susan J. Dlott
United States District Court