United States of America v. Approximately $7,550.00 in United States Currency

Filing 12

ORDER granting 10 Motion to Strike 5 Claim; denying without prejudice Alternative Motion for Summary Judgment. Stephene Marcher Patterson's Claim is STRICKEN. Signed by District Judge Max O. Cogburn, Jr on 3/27/2012. (tmg)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:10cv244 UNITED STATES OF AMERICA, Plaintiff, Vs. APPROXIMATELY $7,500.00 IN UNITED STATES CURRENCY, Defendant. _______________________________ ) ) ) ) ) ) ) ) ) ) ) ) ORDER THIS MATTER is before the court on plaintiff’s Motion to Strike Claim and, in the Alternative Motion for Summary Judgment. Claimant’s response to such motion was due to be filed not later than March 15, 2012, and review of the pleadings reveals that no response or request for extension has been filed by claimant or claimant’s counsel. For cause, plaintiff has shown that such claimant has failed to respond to supplemental special interrogatories served on claimant Stephene Marcher Patterson as allowed by Supplemental Rule G(6)(a). Finding that claimant has failed to show cause for such failure to respond and has not responded to the motion even though represented by counsel, the court will strike the claim. ORDER IT IS, THEREFORE, ORDERED that plaintiff’s Motion to Strike Claim (#10) is GRANTED, the Alternative Motion for Summary Judgment is DENIED without prejudice, and Stephene Marcher Patterson’s Claim is STRICKEN. -1- Signed: March 27, 2012 -2-

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