Wells Fargo Bank, N.A. v. The Southeast Biofeedback and Clinical Neuroscience Association et al

Filing 47

ORDER DISMISSING CASE with Prejudice. See Order for furhter details. Signed by Chief Judge Martin Reidinger on 1/16/2023. (Pro se litigant served by US Mail.) (hms)

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THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL CASE NO. 1:20-cv-00302-MR WELLS FARGO BANK, N.A., ) ) Plaintiff, ) ) vs. ) ) THE SOUTHEAST BIOFEEDBACK ) AND CLINICAL NEUROSCIENCE ) ASSOCIATION, URSZULA KLICH, ) ADRIANA STEFFENS, and SYLVIA ) WHITMIRE, ) ) Defendants/ ) Claimants in Interpleader. ) ________________________________ ) ORDER FOR DISTRIBUTION OF INTERPLEADER FUNDS AND DISMISSAL THIS MATTER is before the Court on the document entitled “Resolution” filed by the Claimants Sylvia Whitmire and Adriana Steffens [Doc. 46]. On December 21, 2022, the Court entered an Order directing the Claimants to show cause why their claims in this interpleader action should not be dismissed due to the Claimants’ failure to appear at the final pretrial conference. [Doc. 45]. On December 21, 2022, the Claimants filed a document entitled “Resolution,” which the Court construes as a stipulation by the Claimants regarding the disbursement of the interpleaded funds. Case 1:20-cv-00302-MR Document 47 Filed 01/18/23 Page 1 of 3 Having reviewed the parties’ stipulation, the Court hereby enters the following Order. IT IS, THEREFORE, ORDERED as follows: (1) The Show Cause Order [Doc. 45] is DISCHARGED; (2) The interpleaded funds that were deposited with the Court by the Plaintiff in the amount of $17,602.231 are hereby RELEASED and shall be distributed to the following individual: Dr. Tom Gross, 21 Clement Drive, Mills River, NC 28759; (3) The interest accrued on the above-referenced interpleaded funds is hereby RELEASED and shall be distributed to Dr. Gross at the address listed above; and (4) This action is DISMISSED WITH PREJUDICE, with each party bearing its/her own attorneys’ fees and/or costs. The Clerk of Court is respectfully instructed to prepare a Judgment consistent with the Order entered herein. 1 The Plaintiff originally deposited a total of $22,002.23 in disputed funds with the Court; however, the Court awarded the Plaintiff $4,400.00 in attorneys’ fees from this deposited amount, leaving a total of $17,602.23 in disputed funds. [See Doc. 26]. 2 Case 1:20-cv-00302-MR Document 47 Filed 01/18/23 Page 2 of 3 IT IS SO ORDERED. Signed: January 16, 2023 3 Case 1:20-cv-00302-MR Document 47 Filed 01/18/23 Page 3 of 3

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