United States of America v. 646 Ford Road

Filing 21

ORDER that the government shall either move for default judgment or file its own CIAC outlining a proposed course of action for this case by September 18, 2009. Absent compliance with this the courts second Order, the undersigned will recommend that this action be dismissed for failure to prosecute. Signed by Magistrate Judge Dennis Howell on 9/11/09. (siw)

I N THE UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF NORTH CAROLINA B R Y S O N CITY DIVISION 2 :0 7 cv 2 4 U N I T E D STATES OF AMERICA, ) ) P la in t if f, ) ) V s. ) ) 6 4 6 FORD ROAD, WARNE, CLAY ) C O U N T Y , NC, as described in a ) d e ed at Deed Book 278, Page 257 ) in the Public Registry of Clay County, ) N C , being real property, together ) w ith the residences, and all ) a p p u rte n a n ce s , improvements, and ) a tta c h m e n t s thereon; and $1,796, 761.00 ) I N UNITED STATES ) C U R R E N C Y , et al., ) ) D efen d an ts. ) _______________________________ )

ORDER

T H I S MATTER is before the court upon compliance review with the c o u r t' s previous Order lifting the stay. In that Order, the parties received very s p e c ific directions on what was to be accomplished: th e previously stayed claimants shall file their Answer(s) within 20 d a y s of entry of this Order. Upon filing such Answer(s), respective c o u n s e l shall meet as required by L.Cv.R. 16.1(A) and file their CIAC a n d proposed discovery plan as required by L.Cv.R.16.1(B). Counsel fo r any recognized lien holder of record may participate in fo r m u la tin g a discovery plan if they so desire.
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S in c e that time, the government has moved for default as to each claimant, default h a s been entered, and a declaration of publication has been filed. Even though default was entered April 15, 2009, and the time has well e x p ire d to submit claims responsive to the publication of notice, the government h a s neither moved for default judgment nor submitted a proposed CIAC or other re p o rt informing the court of the government's proposed course of action. The s y s te m of case management envisioned by the Board of Judges through their e n a c tm e n t of the local rules is driven by counsel, and the definition of joinder of th e issues envisions a scenario, such as this, where only the plaintiff is left s ta n d in g . See L.Cv.R. 16.1(D). The government shall either move for default judgment or file its own CIAC o u tlin in g a proposed course of action for this case by September 18, 2009. Absent c o m p lia n c e , the undersigned will recommend that this action be dismissed for fa ilu r e to prosecute. ORDER I T IS, THEREFORE, ORDERED that the government shall either move fo r default judgment or file its own CIAC outlining a proposed course of action for th is case by September 18, 2009. Absent compliance with this the court's second

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O rd e r, the undersigned will recommend that this action be dismissed for failure to p r o s ec u te .

Signed: September 11, 2009

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