United States of America v. Locklear's Personal Property et al

Filing 15

ORDER granting 13 Motion to Vacate the Order entered herein on November 13, 2017; granting 13 Motion Interlocutory sale of the 2016 Ford F-250 truck, VIN #1FT7W2BT2GED44572. Counsel should read the order in its entirety for critical deadlines and information. Signed by Chief Judge James C. Dever III on 11/28/2017. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
NO.
7:17-CV-143-D

UNITED STATES OF AMERICA,
Plaintiff,
v.

0 R D E R

LOCKLEAR'S PERSONAL PROPERTY,
SPECIFICALLY DESCRIBED AS:
A 2008 CHEVROLET SILVERADO,
VIN: 2GCEK13M981236229;
A 2016 FORD F 250 TRUCK,
VIN: 1FT7W2BT2GED44572;
AND ANY AND ALL ATTACHMENTS
THEREON; AND ANY AND ALL
PROCEEDS FROM THE SALE OF SAID)
PROPERTY,
)
)

Defendants.

)

Upon the joint motion of the parties for entry of an Order
authorizing an interlocutory sale of the 2016 Ford F-250 truck,
VIN

#1FT7W2BT2GED44572

§ ~004

(the

"Vehicle")

pursuant

to

28

U.S.C.

and Rule G(7) (b) of the Supplemental Rules for Admiralty or

Maritime Claims and Asset Forfeiture Actions, and for good cause
shown; it is, hereby
ORDERED that the Order entered herein on November 13, 2017,
granting Ford Motor Credit Company's Petition for Remission or
Mitigation [DE-10], is VACATED; and it is further
ORDERED that the parties' joint motion for interlocutory sale
of the Vehicle is

GR~NTED,

subject to the following terms:

1.

Within fifteen (15) days of the entry of this Order, the

Vehicle shall be released from the custody of the United States
Department of Treasury and turned over to

Ford Credit,

or its

authorized recovery agent.
3.

Ford

Credit

shall

sell

the

Vehicle

forthwith

in

accordance with the terms of its financing agreement and Article
9 of Chapter 25 of the North Carolina General Statutes.
Ford Credit may deduct from the proceeds received from

4.

such

sale

of

the

Vehicle

the

reasonable

and

necessary

costs

incurred by Ford Credit in connection with recovering possession
of and selling the Vehicle.
Pursuant

5.'

days

of

the

to
of

sale

Supplemental Rule
the

Vehicle,

Ford

G(7) (b) (iv),
Credit

within 10

shall

file

an

accounting with the Court detailing Ford Credit's application of
the

sales

therewith

proceeds
tender

as

the

set

forth

and

proceeds

remaining

above,

from

contemporaneously
the

sale

of

the

Vehicle to the United States Department of Treasury for deposit in
an interest-bearing account pending disposition by further order
of the Court at the conclusion of this action.
6.

The

United

States

shall

forthwith

move

forward

with

obtaining an entry of default and default judgment against Locklear
in this civil forfeiture action.
7.

Once the sale of the Vehicle has occurred and a default

judgment against Looklear has been obtained,
2

the parties shall

r ,

file a motion for entry of a final consent judgment providing for
payment to Ford Credit of the then-remaining balance due under
Ford

Credit's

financing

agreement

for

the

Vehicle,

including

unpaid principal, continuing interest accrual at the contract rate
of

. 90% per annum to the date of entry of such final

judgment,

and :any applicable

late

fees

or

other

consent

charges

then

remaining due under Ford Credit's financing agreement.
8.

Each party shall bear its own costs with respect to this

matter, including attorneys' fees.
SO ORDERED. This 11L_ day of November 2017.

)

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