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.)

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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 ยง ~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. ) 3

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