United States of America v. Hatfield

Filing 10

ORDER denying 5 Motion to Dismiss in Lieu of Answer. Defendant shall Answer the Complaint within 14 days. Signed by District Judge Max O. Cogburn, Jr on 10/25/2017. (tmg)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
DOCKET NO. 5:17-cv-121
UNITED STATES OF AMERICA,

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Plaintiff,
Vs.
ROBERT NEAL HATFIELD,
Defendant.

ORDER

THIS MATTER is before the court on defendant’s Motion to Dismiss in Lieu of Answer,
which is a Rule 12(b)(6) motion. Fed.R.Civ.P. 12(b)(6). The Court has considered defendant’s
motion and reviewed the pleadings, including defendant’s supporting Memorandum of Law (#51), the government’s Memorandum in Opposition (#8), and the defendant’s Reply (#9). Based on
that review, the Court determines that the government has stated viable claims that are not time
barred, and enters the following Order denying the motion for the reasons set forth in the
government’s Memorandum in Opposition.
ORDER
IT IS, THEREFORE, ORDERED that defendant’s Motion to Dismiss in Lieu of Answer
(#5) is DENIED. Defendant shall Answer the Complaint within 14 days.

Signed: October 25, 2017

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