United States of America v. 100 Sherwood Forest Drive, Nebo, North Carolina

Filing 12

ORDER setting Status Conference for 2/28/2011 09:30 AM in Courtroom 2, 100 Otis St, Asheville, NC 28801 before Magistrate Judge Dennis Howell. Signed by Magistrate Judge Dennis Howell on February 24, 2011. (jhg) Modified text on 2/24/2011 (jhg). NEF Regenerated on 2/24/2011 (ejb).

United States of America v. 100 Sherwood Forest Drive, Nebo, North Carolina

Doc. 12

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:09 cv 409 UNITED STATES OF AMERICA, ) ) Plaintiff ) ) v ) ) 100 Sherwood Forest Drive, Nebo, McDowell ) County, North Carolina, as described in a ) Deed at Deed Book 258, Page 431, in the ) Public Registry of McDowell County, North ) Carolina, being real property, together with ) the residence, and all appurtenances, ) improvements, and attachments thereon, ) ) and ) ) $700.00 in Unites States Currency, ) ) Defendants. )

ORDER

THIS MATTER has come on before the undersigned pursuant to the court's own motion and also pursuant to a motion filed by plaintiff entitled "Motion for Hearing" (#10). In the motion, plaintiff requested that a hearing be set to establish a pretrial order and case management plan in the above entitled matter. An Order (#11) was entered on February 8, 2011 setting a hearing for Friday, February 18, 2011 at 10:00 o'clock a.m. At the time of that hearing, plaintiff's counsel appeared, the single claimant's counsel, Mr. Wayne Clontz did not appear and as a result of his nonappearance, the hearing could not be conducted. At the time of the call of the matter on for hearing, counsel for plaintiff further advised the court that there was a possibility there was an additional claimant in this matter. The court made an inquiry and found that counsel for the original claimant, Tammy Sullivan, had also presented

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to the Assistant United States Attorney a purported claim and answer of another claimant. An examination of the court file does not show that the attorney for the potential additional claimant has filed those documents with the clerk. Additionally, Mr. Wayne Clontz, the attorney who has filed a claim and answer, has been requested by the Clerk's Office to register for ECF training but he has failed to complete the required training or to respond to the inquiry made by the clerk as to that failure.

ORDER IT IS, THEREFORE, ORDERED that a hearing will be held on Monday, February 28, 2011 at 9:30 o'clock a.m. in courtroom #2 of the United States Courthouse in Asheville, NC for the following purposes: 1) To hear and determine whether or not sanctions should not be imposed

upon the present claimant's attorney Wayne Clontz, pursuant to the inherent power of the court for; (a) Mr. Clontz's failure to appear at the hearing of this matter that was scheduled for February 18, 2011; (b) To hear and determine whether sanctions should be imposed upon Mr. Clontz for his failure to file with the clerk the claim and answer of the additional potential claimant in this matter; (c) To hear and determine whether sanctions should be imposed upon Mr. Clontz as to his failure to register and complete ECF training as required by the clerk and for his failure to respond to inquiries made by the clerk;

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2)

For the purpose of establishing a pretrial order and case management

plan in the above entitled matter, if possible; and 3) To further hear such other matters as may be necessary for the proper

court administration of the above entitled matter.

Signed: February 24, 2011

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