Stooksbury v. Ross et al

Filing 758

ORDER Authorizing Sale of Executed Property re 757 Order on Motion for Approval of Sale of Executed Property. Signed by Magistrate Judge H Bruce Guyton on September 26, 2012. (cert copy forwarded to USMS) (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
ROBERT T. STOOKSBURY, JR.,
Plaintiff,

v.
MICHAEL L. ROSS, et al.,
Defendants.

)
)
)
)
)
)
)
)

No. 3:09-CV-498
(VARLAN/GUYTON)

ORDER AUTHORIZING SALE OF EXECUTED PROPERTY
The Court has granted the Plaintiff’s Motion for Approval of Sale of Executed Property,
by a Memorandum and Order entered September 25, 2012 [Doc. 757].
IT IS, THEREFORE, ORDERED that:
1. The United States Marshal shall conduct a public sale of the subject car as
soon as the sale can reasonably be arranged;
2. The Plaintiff shall be permitted to make one or more credit bids at said
public sale from the amount of his Judgment in this case against Tellico
Lake Properties, L.P.;
3. The United States Marshal’s office shall be permitted to recover its
normal and customary costs for advertising, commission, deputy(s) fees,
as well as any other expenditures incurred during its seizure, storage and
sale of said property and any compliance with Tennessee Code Ann. §
55-4-119, as may be necessary to facilitate the purchaser obtaining title to
the car;

4. All parties before the Court shall cooperate with the United States
Marshal’s office as is or may become necessary to conduct and complete
the referenced public sale of the subject property and its subsequent
conveyance to the prevailing bidder at the sale; and
5. If the Plaintiff is not the high bidder, the United States Marshal shall
deposit the remaining proceeds of the sale into the registry of the Court
within five business days of the auction.
IT IS SO ORDERED.
ENTER:
/s H. Bruce Guyton
United States Magistrate Judge

2