United States of America v. 2012 GMC Savana Van et al

Filing 30

ORDER that the 27 First Interrogatories and 28 Request for Production of Documents are hereby ordered by the Court to be STRICKEN and deleted from the file in this matter; further ORDERED counsel for claimant shall file with the Court on or before 2/21/2014 a full and complete report setting forth the reasons why counsel for claimant violated LCvR 26.2. Signed by Magistrate Judge Dennis Howell on 2/7/14. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
2:13 cv 18
UNITED STATES OF AMERICA,

)
)
Plaintiff,
)
)
v.
)
)
2012 GMC SAVANNAH VAN
)
VIN: 1GDS7DC40C1145561
)
)
Defendant.
)
___________________________________ )

ORDER

THIS MATTER has come before the undersigned pursuant to the filing by
Kris V. Williams, attorney for the claimant, Jackie Lee Rattler of First
Interrogatories by the Claimant (#27) and Request for Production of Documents
(#28). The filing of these materials is in direct violation of LCvR 26.2 which states
as follows:
DISCOVERY MATERIAL NOT TO BE FILED UNLESS
ORDERED OR NEEDED.
The parties shall not file any initial disclosures, designations of expert
witnesses and their reports, discovery requests or responses thereto,
deposition transcripts, or other discovery material unless: (1) directed
to do so by the Court; (2) such materials are necessary for use in an
in-court proceeding; or (3) such materials are filed in support of, or in
opposition to, a motion or petition.
An examination of the file in this matter shows that the claimant has not
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been directed to file his Interrogatories or Request for Production of Documents by
the Court. The undersigned finds the filing of such materials are not necessary for
use in any in-court proceeding at this time, and the filing of such materials has not
been filed in support of or in opposition a motion or petition. As a result, the
undersigned will enter an order striking from this file the First Interrogatories by
the Claimant (#27) and the Request for Production of Documents (#28). Further,
counsel for the claimant will be ordered and directed to file with this Court on or
before February 21, 2014 a full and complete statement advising the Court as to his
reasons why he filed the interrogatories and the request for production of
documents in violation of LCvR 26.2.
ORDERED
IT IS, THEREFORE, ORDERED that the First Interrogatories by the
Claimant (#27) and the Request for Production of Documents (#28) are hereby
ordered by the Court to be STRICKEN and deleted from the file in this matter. It
is further ORDERED that counsel for the claimant shall file with the Court on or
before February 21, 2014 a full and complete report setting forth the reasons why
counsel for claimant violated LCvR 26.2. Counsel for claimant is further advised
that further violations of the Local Rules of Civil Procedure in this matter may be
sanctioned by the taxing of costs and fees.

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Signed: February 7, 2014

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