United States of America v. Bogart et al
Filing
49
ORDER: Initial Case Management Conference by telephone is set for 9/24/2012 at 3:30 PM. To participate in the conference call, parties will call 615-695-2851 at the scheduled time. The Bogarts should email to the Magistrate Judge's office (brown chambers@tnmd.uscourts.gov) any changes they suggest to theproposed scheduling order by NOON, 9/24/2012. Signed by Magistrate Judge Joe Brown on 9/18/12. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
UNITED STATES OF AMERICA,
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Plaintiff
v.
DUSTIN B. BOGART, et al.,
Defendants
No. 3:12-0179
Magistrate Judge Brown
O R D E R
This case is presently set for a case management hearing
on Monday, September 24, 2012, at 3:30 p.m. (Docket Entry 27). The
Plaintiff in this matter has filed a motion for consolidation and
has
requested
consolidation
of
this
case
with
the
related
Pennsylvania case.
The United States has previously filed a statement on
consolidation at the request of the Magistrate Judge (Docket Entry
41).
In the United States’ submission they point out that they
believe that because of real property located in Tennessee they
must maintain the case here.
So long as the Court has jurisdiction venue is something
that may be waived by the parties.
In this case it appears that
the Defendants are willing to waive venue issues because of their
physical location in Pennsylvania and the need to care for an
elderly relative.
A complicated issue, however, is that there is also a
Defendant in this case, Southern Country Ranch, which has not made
an appearance and which there apparently is some question as to
whether service of process was proper.
The United States, however, has taken no action to date
to seek a default as to Southern Country Ranch.
The
Magistrate
Judge
will
change
the
initial
case
management conference from in-court to one conducted by telephone.
To participate in the conference call, parties will call 615-6952851 at the scheduled time.
The Bogarts should email to the Magistrate Judge’s office
(brownchambers@tnmd.uscourts.gov) any changes they suggest to the
proposed scheduling order by
NOON, September 24, 2012.
The
Magistrate Judge would certainly like to discuss with the parties
whether it is possible to transfer at least the Bogart portion of
this case to Pennsylvania, and also learn more about the Southern
Country Ranch property and its present status, and value.
It is so ORDERED.
/s/ Joe B. Brown
JOE B. BROWN
United States Magistrate Judge
2
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