United States of America v. 7 Blue Spruce Drive, Whittier, North Carolina

Filing 15

ORDER that should the government seek the disqualification of Mr. Devereux as attorney for the claimant in this matter, that the government shall, on or before September 27, 2011 file with the Court a motion seeking such disqu alification along with a supporting brief as provided by the Local Rules of Civil Procedure. Mr. Devereux will then be given fourteen (14) days within which to respond to the governments motion as provided by those same Local Rules and the government will then be given seven (7) days to reply to the claimants responsive brief. Signed by Magistrate Judge Dennis Howell on 9/15/11. (siw)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
2:11 cv 14
UNITED STATES OF AMERICA,
Plaintiff
v
7 Blue Spruce Drive, Whittier, Jackson
County, North Carolina, as described in a
Deed at Book 1214, page 193, Jackson
County Registry, being real property,
together with the residence, and all
appurtenances, improvements, and
attachments thereon,
Defendants.

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ORDER

THIS MATTER has come before the Court based upon oral motion made by
Tom Ascik, Assistant United States Attorney, as attorney for the government. In a
hearing that took place on September 13, 2011, Mr. Ascik advised the Court that the
government was seeking the disqualification of the claimant’s attorney, Sean
Devereux based upon a conflict of interest between Mr. Devereux and a previous
client of Mr. Devereux who may be called as a witness in regard to this matter and
who is the spouse of the claimant. After a discussion with counsel, the undersigned
determined to allow the government fourteen (14) days in which to file a written
motion seeking the disqualification of Mr. Devereux with the government supporting
that motion with a brief as set forth by the Local Rules of Civil Procedure. Mr.
Devereux will then be given fourteen (14) days thereafter to file a responsive brief as
provided by the Local Rules. The government will be allowed to file a reply brief as

set forth by those rules.
ORDER
IT IS, THEREFORE, ORDERED that should the government seek the
disqualification of Mr. Devereux as attorney for the claimant in this matter, that the
government shall, on or before September 27, 2011 file with the Court a motion
seeking such disqualification along with a supporting brief as provided by the Local
Rules of Civil Procedure. Mr. Devereux will then be given fourteen (14) days within
which to respond to the government’s motion as provided by those same Local Rules
and the government will then be given seven (7) days to reply to the claimant’s
responsive brief.

Signed: September 15, 2011

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