United States of America v. Powers, et al
Filing
29
ORDERED: 1. The United States' self-conferred and invoked delay in proceedings is no authorized by the Federal Rules of Civil Procedure, is contrary to sufficient administration of justice, and is unacceptable to the Court. 2. More than three mo nths have elapsed since answers were due from several of the Defendants. Further delays are neither necessary or appropriate. 3. Plaintiff, forthwith and without further delay, shall immediately undertake all steps necessary to either move for defaul t of Defendants Troy S. Powers, Bonnie Powers f/k/a Bonnie Hamill, Opportunity Bank of Montana f/n/a American Federal Savings Bank, Collection Bureau Services, Inc., State of Montana, Department of Public Health and Human Services, Child Support Division, State of Montana and City of Helena or to dismiss them from the case. Signed by Judge Sam E Haddon on 7/14/2017. (HEG)
IN THE UNITED ST ATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
FILED
HELENA DIVISION
JUL 14 2017
Cler1<. U.S. District Court
District Of Montana
Helena
lJNITED STATES OF AMERICA,
Plaintiff,
No. CV 17-29-H-SEH
vs.
ORDER
TROY S. POWERS; BONNIE
POWERS f/k/a BONNIE HAMILL;
OPPORTUNITY BANK OF
MONTANA f/k/a AMERICAN
FEDERAL SAVINGS BANK;
COLLECTION BUREAU SERVICES,
INC.; STATE OF MONTANA,
DEPARTMENT OF PUBLIC
HEALTH AND HUMAN SERVICES,
CHILD SUPPORT DIVISION;
STATE OF MONTANA; CITY OF
HELENA, and LEWIS AND CLARK
COUNTY, a political subdivision of
the State of Montana,
Defendants.
BACKGROUND
This case was filed on February 22, 2017. Service of process on all
Defendants has been made. Waivers of service for Defendants Opportunity Bank
of Montana, £'k/a American Federal Savings Bank, 1 City ofHelena, 2 and Lewis
and Clark County 3 were filed. Answers from all three Defendants were due April
24, 2017. None have been filed.
A Disclaimer of Interest and request for dismissal was filed for City of
Helena on April 21, 2017. 4
A Stipulation between Plaintiff and Lewis and Clark County was filed on
April 5, 2017. 5
No Answers have been filed by Troy S. Powers, Bonnie Powers f/k/a
Bonnie Hamill, Collection Bureau Services, Inc., State of Montana, Department of
Public Health and Human Services, Child Support Division, and the State of
Montana.
On July 7, 2017, the United States filed a Status Report to the Court6
informing the court, inter alia, "[t]herefore, the United States has postponed
seeking default in this matter so that the parties may reach an agreement. The
1
Doc. 11.
2
Doc. 12.
3
Doc. 14.
4
Doc. 25.
5
Doc. 15.
6
Doc. 28.
-2-
United States will either voluntarily dismiss the matter or seek default by no later
than August 31, 201 7. " 7
ORDERED:
1.
The United States' self-conferred and invoked delay in proceedings is
not authorized by the Federal Rules of Civil Procedure, is contrary to efficient
administration of justice, and is unacceptable to the Court.
2.
More than three months have elapsed since answers were due from
several of the Defendants. Further delays are neither necessary or appropriate.
3.
Plaintiff, forthwith and without further delay, shall immediately
undertake all steps necessary to either move for default of Defendants Troy S.
Powers, Bonnie Powers f/k/a Bonnie Hamill, Opportunity Bank of Montana f/k/a
American Federal Savings Bank, Collection Bureau Services, Inc., State of
Montana, Department of Public Health and Human Services, Child Support
Division, State of Montana and City of Helena or to
7
Doc. 28 at 1-2.
-3-
dismiss them from the case.
DATED this
~ay of July, 2017.
~1~~-J
United States District Judge
-4-
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