Brothers Arnaldo Ortiz-Cameron (“Arnal-do”) and Eric Ortiz-Cameron (“Eric”) challenge the district court’s order dismissing their complaint against the Drug Enforcement Administration (“DEA”) which claimed an interest in various properties seized in prior civil forfeiture proceedings. We find that the doctrine of res judicata bars the brothers’ action. Accordingly, we affirm the district court’s decision.
I. BACKGROUND
Appellants Arnaldo and Erie are brothers of Luis Hiram Ortiz-Cameron (“Luis”), a convicted drug smuggler who purchased several dairy farms as well as animals and farming equipment with profits from the illegal drug trade. On November 3, 1989, and November 9, 1989, the government filed two separate in rem civil forfeiture proceedings against this property. In the first civil forfeiture action, United States Marshals personally served Arnaldo with the pleadings on November 4, 1989. On that date, Eric also was served through his brother Arnaldo. In response, on December 11, 1989, the brothers filed claims requesting protection of their alleged interests in the defendant properties, and on December 27, 1989, they filed an answer to the government’s complaint. However, the district court judge, Jaime Pi-eras, Jr., dismissed their claims because they failed to file their claims within the 10-day claim period and their answer within the 20-day answer period established in Rule C(6) of the Supplemental Rules for Certain Admiralty and Maritime Claims (“Rule C(6)”). On appeal, this court affirmed that decision.
See United States v. One Dairy Farm,
In the second civil forfeiture proceeding, U.S. Marshals served Arnaldo and Erie with the pleadings on November 14, 1989, a few days after the filing of the action. Arnaldo failed to respond within the statutory limits, filing his claim on December 11,1989, and his answer on December 27, 1989. Erie never filed either a claim' or an answer. Consequently, the district court judge before whom this second action was filed, Chief Judge Carmen C. Cerezo, again dismissed their claims, finding that the brothers lacked standing to challenge the forfeiture of the properties. Despite these judgments against them, Arnaldo and Eric continued to pursue their interest in the properties by filing the instant action. On the DEA’s motion for summary judgment,- the district court dismissed their complaint.
See Ortiz Cameron v. Drug Enforcement Admin.,
II. DISCUSSION
We review a grant of summary judgment
de novo. See United Nat’l Ins. Co. v. Penuche’s, Inc.,
Appellants do not dispute the presence of the second and third elements of claim preclusion in this case. However, they argue that in the prior proceedings they did not have a full and fair opportunity to have their claims adjudicated on the merits. In the first civil forfeiture action, Judge Pieras determined that the brothers lacked standing to pursue their claims because they failed to comply with the statutory deadlines. This court affirmed that decision. We thus take it as established as to the first property seized
Under these circumstances, we find the judgments in the two prior civil forfeiture proceedings to be “on the merits.” As this court noted in
Kale v. Combined Ins. Co. of Am.,
We agree with the district court that the dismissal of the brothers’ claims is analogous to a dismissal on statute of limitation grounds. The purpose behind Rule C(6) is “to require claimants to come forward as quickly as possible after the initiation of forfeiture proceedings, so that the court may hear all interested parties and resolve the dispute without delay.”
See United States v. Various Computers and Computer Equip.,
Arnaldo and Eric also argue that the district court erred in failing to extend the discovery deadline established in its initial scheduling order. They allege that the additional time to conduct discovery would have uncovered evidence that the DEA seized their property without proper notice as well as recklessly intermingling their properties. However, as the district court observed, a finding of res judicata “save[s] the parties the time and expense of conducting unnecessary discovery.”
See
III. CONCLUSION
For the foregoing reasons, the district court’s opinion and order is affirmed.
Costs to be assessed against appellants.
