Flood Co., 327 F.3d 1115, 1124 (10th Cir. 2003) (internal quotation marks omitted). "We will not disturb the court’s decision without a clear showing that the decision was based on a clearly erroneous factual finding or that it manifests a clear error of judgment." Niemi v. Lasshofer, 770 F.3d 1331, 1352 (10th Cir. 2014) (internal quotation marks omitted).
Moore contends his failure to file an answer or respond to the interrogatories was excusable because (1) the government’s notice informing him he needed to file an answer to the complaint was returned marked “unclaimed;” (2) his current attorney entered his appearance in this case on June 14, 2013, and the government moved to strike the Verified Proof of Claim on September 27, 2013, thus allowing too little time to respond; (3) the relatively late involvement of his current attorney and the complexity of forfeiture law hampered his ability to respond; and (4) the government was shut down from October 1 to October 16, 2013, and he could not pursue his claims during the shutdown.
According to Moore, he did not receive the government's correspondence telling him when his answer was due, so he should be excused for not filing an answer. But Moore has not challenged two statements made by the government: (1) notice was also sent to Mr. Carsia, the attorney who represented Moore in administrative forfeiture proceedings concerning the currency, see Supp. R. G(4)(b)(iii)(B) (authorizing notice to a potential claimant’s attorney in administrative forfeiture proceedings); and (2) the government published the notice on the
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