United States of America v. 2005 Chevrolet Corvette et al

Filing 18

ORDER: The Notice of Voluntary Dismissal of Verified Kathy Medlock as to the 2005 Chevrolet Corvette 16 is granted. Kathy Medlock terminated. Signed by Senior Judge Thomas Wiseman on 8/10/10. (dt)

APPROVED.

UNITED
STATES
DISTRICT
COURT
FOR
THE
MIDDLE
DISTRICT
OF
TENNESEE
NASHVILLE
DIVISION

UNITED
STATES
OF
AMERICA,

)

)

Plaintiff,

)

)

v.

)
Civil
No.
3:09
1143

)
Judge
Wiseman
2005
CHEVROLET
CORVETTE
BEARING

)
VIN
#1G1YY34U355129010;
2008
HARLEY

)
DAVIDSON
HERITAGE
MOTORCYCLE
VIN
#

)
1HD1BW5168Y031333;
$110,611.92
SEIZED

)
FROM
PINNABLE
NATIONAL
BANK

)
COMMERCIAL
NOW
ACCOUNT
#
599109018;

)

And
$3,620.20
SEIZED
FROM
PINNACLE

)
NATIONAL
BANK
ACCOUNT
#590181686

)

)

Defendant.

)

NOTICE
OF
VOLUNTARY
DISMISSAL
OF
VERIFIED
CLAIM
OF
KATHY
MEDLOCK
AS
TO
THE
2005
CHEVROLET
CORVETTE,
VIN#
1G1YY34U355129010

Comes
now
the
claimant
Kathy
Medlock,
by
and
through
counsel,
and
would
move
this
Court,
pursuant
to
Rule
41(a)(2)
of
the
Federal
Rule
of
Civil
Procedure
for
an
Order
allowing
the
dismissal
of
the
previously
made
verified
claim
as
to
the
above
stated
collateral.

The
following
grounds
support
the
requested
relief:

1. On
December
3,
2009,
a
Verified
Complaint
In
Rem
was
filed
by
the
United
States
in
relation
to
several
items
seized
from
Woody
H.
Medlock
an
his
wife
Kathy
Medlock.
2. 3. On
January
06,
2010
a
Verified
Answer
was
filed
by
Pinnacle
National
Bank
as
to,
among
other
things,
the
Chevrolet
Corvette.

On
January
11,
2010,
a
Verified
Claim
was
filed
by
Kathy
Medlock
as
to
the
Chevrolet
Corvette.

4. 5.

Kathy
Medlock
subsequently
filed
bankruptcy
in
the
Middle
District
of
Tennessee,
Case
No.
3:09
11456.
As
a
part
of
the
pleadings
in
the
bankruptcy
matter
Pinnacle
national
Bank
has
filed
a
Motion
for
Relief
from
the
Automatic
Stay
in
order
to
liquidate
the
collateral
(the
Corvette).

This
Motion
was
granted
and
an
Order
was
entered
granting
Pinnacle
National
Bank
relief
from
the
automatic
stay
and
Ordering
the
surrender
the
collateral.

6.

At
this
time
the
Verified
Claim
of
Kathy
Medlock
and
her
husband
in
this
matter
as
to
the
Corvette
is
the
only
thing
keeping
the
vehicle
from
Pinnacle
National
Bank
pursuant
to
the
previously
filed
Order.
Therefore,
based
upon
the
foregoing,
and
the
need
to
comply
with
the
Order
of

the
Bankruptcy
Court,
we
would
move
the
Court
to
voluntarily
dismiss
the
previously
filed
Verified
Claim
of
Kathy
Medlock
(Docket
Entry
No.
9)
with
prejudice
as
it
relates
to
the
Chevrolet
Corvette,
VIN
#
1G1YY34U355129010.

/s Barry R. Tidwell Barry R. Tidwell, BPR # 20544 218 W. Main Street Murfreesboro, Tennessee 37130 [phone]

CERTIFICATE OF SERVICE I hereby certify that on August 9, 2010, I electronically filed the foregoing with the clerk of the court by using the CM/ECF system, which will send a Notice of Electronic Filing to the following: Debra T. Phillips, Assistant United States Attorneys, 110 Ninth Avenue South, Suite A961, Nashville, Tennessee 37203; Victoria A. Ferraro, Williams & Prochaska, 401 Church Street, Ste. 2600, Nashville, Tennessee 37219; David M. Smythe, 144 Second Avenue N., Ste 300, Nashville, Tennessee 37201. s/ Barry R. Tidwell