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)

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