EPCON COMMUNITIES CAROLINAS, LLC et al v. TILLEY, et al

Filing 109

ORDER signed by JUDGE N. C. TILLEY, JR on 3/21/2016 adopting the Magistrate Judge's Recommendation [Doc. # 107 ]; that the Clerk is directed to disburse the interpleaded funds in the amount of $2,025,000, as well as any accrued interest und er Local Rule 67.1, to the Internal Revenue Service-RACS, Attn: Mail Stop 6261, Restitution, 333 W. Pershing Avenue, Kansas City, Missouri, 64108, and that such funds be credited toward Thomas Tilley's restitution obligations in the Judgment in United States v. Tilley, Case Number 1:14CR130 (M.D.N.C. 2015). FURTHER that on this disbursement, all claims in this action are dismissed. (Sheets, Jamie)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
EPCON COMMUNITIES CAROLINAS, LLC, )
and EPCON FARRINGTON LLC,
)
)
Plaintiffs,
)
v.
)
)
IRIS M. TILLEY, THOMAS E. TILLEY,
)
MELBA GEORGE, BARBARA WRIGHT,
)
and UNITED STATES OF AMERICA,
)
)
Defendants,
)
)
UNITED STATES OF AMERICA,
)
)
Counter-Claimant,
)
)
v.
)
)
EPCON COMMUNITIES CAROLINAS, LLC, )
and EPCON FARRINGTON, LLC,
)
)
Counter-Defendants,
)
)
BARBARA WRIGHT,
)
)
Cross-Claimant,
)
)
v.
)
)
UNITED STATES OF AMERICA,
)
)
Cross-Defendant.
)
ORDER

1:11CV643

This interpleader action involves $2,025,000.00 in funds deposited by
Plaintiffs Epcon Communities Carolinas, LLC and Epcon Farrington, LLC (the
“Epcon Plaintiffs”). Upon depositing the funds with the Clerk pursuant to a
settlement agreement, the Epcon Plaintiffs were terminated from the case,
leaving Defendants United States of America, Thomas and Iris Tilley (“Mr.
and Mrs. Tilley”), Melba George (“Ms. George”) and Barbara Wright (“Ms.
Wright”) as potential claimants to the funds.

By Order dated January 8,

2016, the United States Magistrate Judge noted that Mrs. Tilley, Ms.
George, and Ms. Wright had all apparently disclaimed an interest in the
interpleaded funds, leaving only Mr. Tilley and the United States as potential
claimants. Further, it appeared that Mr. Tilley and the United States both
contemplated that the interpleaded funds should be applied toward Mr.
Tilley’s criminal restitution obligations in a parallel criminal proceeding (Case
No. 1:14CR130).

The Court ordered the parties to file a notice if they

intended to assert any further claim to the funds, or if they otherwise
objected to the disbursement of funds as contemplated by Mr. Tilley and the
Government. No objections or contrary claims to the funds were filed, and
therefore, on February 19, 2016, the Magistrate Judge recommended that
the funds be disbursed to the United States and credited toward the criminal
restitution obligations of Mr. Tilley.

Notice of the Recommendation was

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served on the parties pursuant to 28 U.S.C. § 636. No objections were filed
within the time limits prescribed by Section 636. Therefore, the Court need
not make a de novo review and the Magistrate Judge’s Recommendation
[Doc. #107] is hereby adopted.
IT IS THEREFORE ORDERED that the Clerk is directed to disburse the
interpleaded funds in the amount of $2,025,000, as well as any accrued
interest under Local Rule 67.1, to the Internal Revenue Service—RACS,
Attn: Mail Stop 6261, Restitution, 333 W. Pershing Avenue, Kansas City,
Missouri, 64108, and that such funds be credited toward Thomas Tilley’s
restitution obligations in the Judgment in United States v. Tilley, Case
Number 1:14CR130 (M.D.N.C. 2015).
IT IS FURTHER ORDERED that on this disbursement, all claims in this
action are dismissed.
This the 21st day of March, 2016.

/s/ N. Carlton Tilley, Jr.
Senior United States District Judge

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