United States of America v. Yoser

Filing 13

ORDER DENYING AS MOOT Marisa Yoser's Motion to Intervene. Signed by Judge Samuel H. Mays, Jr on 06/07/2012.

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

UNITED STATES OF AMERICA,

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Plaintiff,
v.

SETH YOSER,

Defendant.

No. 11-3118

ORDER DENYING MOTION TO INTERVENE AS MOOT

Before
Intervene

the

Court

is

brought

by

Marisa

the

January

Yoser

Defendant Seth Yoser (“Seth Yoser”).

17,

(“Marisa

2012

Motion

Yoser”),

wife

to
of

(See Motion 1, ECF No. 5.)

Plaintiff the United States of America (the “Government”) has
not responded and the time for doing so has passed.

W.D. Tenn.

Civ. R. 7.2 (“The response to the motion . . . shall be filed
within 14 days after servce of the motion.”).

For the following

reasons, Marisa Yoser’s Motion is DENIED AS MOOT.
On December 22, 2011, the Government filed an Application
for Writ of Execution (the “Application”) against Seth Yoser,
seeking to have a Writ of Execution issued for a condominium
located at 109 North Main Street (the “Property”) in Memphis,
Tennessee.

(See Application 1, ECF No. 1.)
1

The Court issued

the Writ of Execution.

(See ECF No. 3.)

Marisa Yoder seeks to

intervene because she has an interest in the Property “and is so
situated that disposing of this action in the manner requested
by the [G]overnment may as a practical matter impair or impede
her ability to protect her interest.”

(Motion 1.)

On February 29, 2012, the Government moved to withdraw the
Writ of Execution.
11.)

On

motion
Withdraw

March

without
Writ

(See Motion to Withdraw Writ Issued, ECF No.

1,

2012,

the

prejudice.
of

Execution

Court
(See

Without

granted

Order

the

Government’s

Granting

Prejudice,

Motion

ECF

No.

to
12.)

Because there is no Writ of Execution before the Court, there is
no basis for Marisa Yoser’s Motion.
is

DENIED

AS

MOOT,

subject

to

Thus, Marisa Yoser’s Motion

renewal

should

the

Writ

of

Execution against the Property be reentered.
So ordered this 7th day of June, 2012.

s/ Samuel H. Mays, Jr._______
SAMUEL H. MAYS, JR.
UNITED STATES DISTRICT JUDGE

2