United States of America v. 97-99 New Leicester Highway, Asheville, North Carolina et al

Filing 19

ORDER pursuant to 18 U.S.C. § 985 (e) confirms that exigent circumstances existed at the time of the seizure and confirms the seizure. The Court unseals all ex parte documents previously filed in this Case. Signed by Magistrate Judge Dennis Howell on 03/24/2014. (Pro se litigant served by US Mail.)(thh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:13CV331
UNITED STATES OF AMERICA,
Plaintiff,
v.
97-99 New Leicester Highway Asheville,
North Carolina, as described in a Deed at
Book 4588, page 549-550, Buncombe
County Registry, being real property, and
all outbuildings, appurtenances,
improvements, and attachments thereon,
and;
20 Parkview Drive Asheville, North
Carolina, as described in a Deed at Book
4588, page 547-548, Buncombe County
Registry, being real property, together with
the residence, outbuildings, and all
appurtenances, improvements, and
attachments thereon,

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ORDER

Defendants.

The United States citing exigent circumstances and having filed on March 18, 2014,
pursuant to 18 U.S.C. § 985(d)(1)(B)(ii) an Ex Parte Application for Warrant for Seizure of the
real property at 97-99 New Leicester Highway, on which is situated an entity known as the
“Club Xcapades;” and the Court on March 18, 2014, having issued an Ex Parte Warrant for the
seizure of the same real property and having issued an Order and a Notice for Post-Seizure
Hearing on March 24, 2014, pursuant to 18 U.S.C. § 985(e); and the record showing that known
possible claimants, Jesse Lemon, Shirley Gardner, and the estate of Rhonda Davis Lemons

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having been duly served and informed of the hearing scheduled by the Court and held this date;
and the only party having been present at the hearing was the United States; and the Court
having accepted into evidence the Affidavit of ATF agent William Medina and having heard
testimony from him;
NOW, THEREFORE, THE COURT, pursuant to 18 U.S.C. § 985 (e) confirms that
exigent circumstances existed at the time of the seizure and confirms the seizure. The Court
unseals all ex parte documents previously filed in this Case.

Signed: March 24, 2014

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