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)

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.
_______________________________

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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.

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Signed: March 27, 2012

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