USA v. 57 Candler Heights Rd.

Filing 27

ORDER that the parties show cause, why this complaint should not be dismissed within 10 days of entry of this Order. Signed by District Judge Lacy Thornburg on December 19, 2008. (jhg)

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IN THE DISTRICT COURT OF THE UNITED STATES F O R THE WESTERN DISTRICT OF NORTH CAROLINA A S H E V IL L E DIVISION C IV IL NO. 1:07CV338 U N IT E D STATES OF AMERICA, ) ) P la in t if f, ) ) Vs. ) ) 5 7 CANDLER HEIGHTS ROAD, ) C a n d le r, Buncombe County, North ) C a r o lin a , as described in a deed at ) D e e d Book 2255, Page 0635 in the ) P u b lic Registry of Buncombe County,) N o r t h Carolina, being real property, ) to g e th e r with the residences, and all ) a p p u r te n a n c e s , improvements, and ) a tta c h m e n ts thereon, ) ) D e fen d a n t, ) ) And ) ) J O Y C E C. SIMMONS, ) ) C la im a n t . ) ) ORDER T H IS MATTER is before the Court sua sponte to review the status of th is case. -2- P rio r to the jury trial scheduled for July 9, 2008, the parties herein e n te re d into a settlement agreement concerning the Defendant property w h e re b y the parties agreed to a substitution of property. See Settlement b y Substitution of Property and Consent to Forfeiture, filed July 7, 2 0 0 8 . Claimant Joyce Simmons and husband Robert Edward Simmons a g re e d to waive all ownership interest and consented to forfeiture of certain o th e r real properties in exchange for the Government's agreement not to p u rs u e forfeiture of the captioned Defendant real property. Id. The s e ttle m e n t agreement was signed by counsel for Claimant Joyce Simmons, R o b e rt Edward Simmons, and Assistant United States Attorney Thomas A s c ik on behalf of the Government. T h e Court has examined the settlement agreement and record in this m a tte r and now orders the parties to show cause why the complaint filed O c to b e r 23, 2007, should not be dismissed with prejudice as all issues id e n tifie d in the complaint appear to have been settled. IT IS, THEREFORE, ORDERED that the parties herein show cause, b y filing an appropriate pleading, why this complaint should not be d is m is s e d with prejudice within 10 days of entry of this Order. -3- Signed: December 19, 2008

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