United States of America v. $28,182,00 in United States Currency

Filing 19

ORDER denying as moot 12 Motion to Dismiss. (SEE ORDER FOR FURTHER DETAILS). Signed by District Judge Martin Reidinger on 08/30/12. (Pro se litigant served by US Mail.)(emw)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:12cv08

UNITED STATES OF AMERICA,

vs.

$28,182.00 IN UNITED STATES
CURRENCY.

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ORDER

THIS MATTER is before the Court on the Government’s Motion to Strike
and Dismiss the Claim of and for Entry of Default Against Claimant Artie Smith
[Doc. 12].
In its Motion, the Government seeks the dismissal of the Claim of Artie
Smith (“Claimant”) on the grounds that the Claimant failed to file an Answer.
[Doc. 12]. Upon referral from this Court, the Honorable Dennis L. Howell,
United States Magistrate Judge, held a status conference regarding this
matter on August 14, 2012. At that hearing, the Magistrate Judge, with the
consent of the Government, granted the Claimant an extension of time until
August 28, 2012 to file an Answer.

[See Minute Entry, Aug. 14, 2012

Hearing]. The Claimant filed his Answer in accordance with the Magistrate

Judge’s directives on August 28, 2012.

[Doc. 18].

Accordingly, the

Government’s Motion is now moot.
IT IS, THEREFORE, ORDERED that the Government’s Motion to Strike
and Dismiss the Claim of and for Entry of Default Against Claimant Artie Smith
[Doc. 12] is DENIED AS MOOT.
IT IS FURTHER ORDERED that that the parties shall conduct an initial
attorneys’ conference within fourteen (14) days of the entry of this Order and
shall file a Certificate of Initial Attorneys’ Conference within seven (7) days
thereafter.
The Clerk is respectfully DIRECTED to send a copy of this Order to the
Claimant’s address of record.
IT IS SO ORDERED.
Signed: August 30, 2012

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