USA v. One 2008 Mercedes C300

Filing 18

ORDER denying without prejudice 17 Motion to Strike. Signed by Magistrate Judge Dennis Howell on 10/28/2013. (thh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:12 cv 380
UNITED STATES OF AMERICA,

)
)
Plaintiff,
)
)
v.
)
)
ONE 2008 MERCEDES C300 SEIZED )
ON JUNE 5, 2012 FROM ALEX DEAN )
NELSON AT 4640 CELIA CREEK
)
ROAD, LENOIR, NORTH CAROLINA, )
)
Defendant.
)
___________________________________ )

ORDER

THIS MATTER has come before the Court pursuant to a Motion to Strike
Claim and Answer (#17) filed by the Government.
LCvR 7.1 provides as follows:
(B) Requirement of Consultation. Any motions other than for
dismissal, summary judgment, or default judgment shall show that
counsel have conferred or attempted to confer and have attempted in
good faith to resolve areas of disagreement and set forth which issues
remain unresolved. The requirement of consultation also applied to
motions for extension of time and to motions for continuance of a trial
or other proceeding. Consultation is not required where the moving
party is represented and the non-moving party is unrepresented, or
where the motion is for an extension of time to file a responsive
pleading to complaint, counterclaim, crossclaim, or any other initial
petition for relief.
(C) Requirement
of
Briefs.
Briefs
shall
be
filed
contemporaneously with the motion, except no brief is required in
1

support of timely motions for extension of time, continuances,
admission pro hac vice, or early discovery. Exhibits in support of a
brief shall be attached as appendices as specified in the Administrative
Procedures. Factual contentions shall be supported as specifically as
possible by citation to exhibit number and page.
The motion of the Government does not show that the United States
Attorney has consulted with counsel for the claimant concerning the motion and
the record further shows that a brief was not filed by the United States of America.
As a result, the undersigned will deny, without prejudice, the Motion to Strike
Claim and Answer.
ORDERED
IT IS, THEREFORE, ORDERED that the Motion to Strike Claim and
Answer (#17) is hereby DENIED without prejudice.
Signed: October 28, 2013

2