United States of America v. Real Property known as

Filing 37

ORDER granting in part and denying in part 14 Motion to Dismiss. Signed by Judge Norman K. Moon on 6/14/2011. (mab)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
CHARLOTTESVILLE DIVISION

CIVIL ACTION NO. 3:10-CV-0037

UNITED STATES OF AMERICA
Plaintiff,
v.

REAL PROPERTY KNOWN AS 2291 FERNDOWN
LANE, KESWICK VA 22947-9195
Defendant.

ORDER

JUDGE NORMAN K. MOON

This matter is before the court upon consideration of claimant Avallo Ltd.’s motion to
dismiss pursuant to Rule 12(b)(6) (docket no. 14). For the reasons given in the accompanying
memorandum opinion, the motion is GRANTED as to claims one and four of the complaint, and
DENIED in all other respects.
If the government intends to file an amended complaint to address the defects identified,
it must do so within 14 days of the date of this order.
It is so ORDERED.
The Clerk of the Court is directed to send a certified copy of this order and the
accompanying opinion to all counsel of record.
14th
Entered this ______ day of June, 2011.