CONSENT ORDER AND JUDGMENT OF FORFEITURE PENDING RULE 32.2(c)(2) DAVID C. KEESLER , Magistrate Judge . BASED UPON the Defendant's plea of guilty and finding that there is a nexus between the property listed below and the offense(s) to which the Defendant has pled guilty and that the Defendant (or any combination of Defendants in this case) has or had a possessory interest or other legal interest in the property, IT IS HEREBY ORDERED THAT: 1. The following property is forfeited to the...
CONSENT ORDER AND JUDGMENT OF FORFEITURE MARTIN REIDINGER , District Judge . WHEREAS, the defendant, NELL COOPER LEATHERWOOD, has voluntarily pleaded guilty pursuant to Fed. R. Crim. P. 11 to one or more criminal offenses under which forfeiture may be ordered; WHEREAS, the defendant and the United States stipulate and agree that the property described below constitutes property derived from or traceable to proceeds of the defendant's offense(s) herein; property involved in the offenses,...
CONSENT ORDER OF GARNISHMENT DAVID KEESLER , Magistrate Judge . The parties, the United States of America, Defendant, Sherry Senter Sullivan, and Garnishee, Crossroads Harley-Davidson, agree and stipulate as follows: 1. Defendant is Sherry Senter Sullivan, Social Security Number-8417, whose last known address is: 1 Providence Street Granite Falls, NC 28630-1105 2. A judgment was entered in Case No. DNCW5:03CR49-1 in the Western District of North Carolina against Defendant in this...
CONSENT ORDER ROBERT J. CONRAD, Jr. , District Judge . This matter having come before the Court on a Motion to Intervene in and to Stay this action (the "FDIC Motion") filed by the Federal Deposit Insurance Corporation (the "FDIC") and Plaintiffs Charles N. Myers ("Myers") and Bryan R. Hoots ("Hoots"), Defendants CertusBank, N.A. and CBSUB, Inc. (collectively "CBSUB"), by and through their counsel of record in this action, having consented to the terms of this Consent Order, the Court...
ORDER SEALING FACTUAL BASIS DAVID KEESLER , Magistrate Judge . UPON MOTION of the United States of America, by and through Jill Westmoreland Rose, United States Attorney for the Western District of North Carolina, for an order directing that the Factual Basis be sealed, to protect the secrecy of an on-going criminal investigation until further order of this Court, IT IS HEREBY ORDERED that the Factual Basis be sealed until further order of this Court. The Clerk is directed to certify...
ORDER SEALING FACTUAL BASIS DAVID KEESLER , Magistrate Judge . UPON MOTION of the United States of America, by and through Jill Westmoreland Rose, United States Attorney for the Western District of North Carolina, for an order directing that the Factual Basis be sealed, to protect the secrecy of an on-going criminal investigation until further order of this Court, IT IS HEREBY ORDERED that the Factual Basis be sealed until further order of this Court. The Clerk is directed to certify...
ORDER MAX O. COGBURN, Jr. , District Judge . THIS MATTER is before the court on defendant's Motion to Dismiss for Lack of Personal Jurisdiction (#7). Having considered the Motion and reviewed the pleadings, the court enters the following Order. FINDINGS AND CONCLUSIONS I. Background Plaintiff alleged that defendant owes him money and has submitted an Amended Complaint with two counts. Plaintiff, a North Carolina resident, contends that defendant committed fraud and intentionally...
ORDER MAX O. COGBURN, Jr. , District Judge . THIS MATTER is before the court on defendant Kipp's Second Motion to Dismiss Count Five (#104) and defendant Viard's Second Motion to Dismiss Count Six (#100). Federal Rule of Criminal Procedure 12.2 notes that a Motion that the court lacks jurisdiction may be made at any time while the case is pending. As such, these Motions are timely filed. The Motions have been fully briefed and are ripe for review. As occurred previously (#35, #36),...
ORDER MAX O. COGBURN, Jr. , District Judge . THIS MATTER is before the court on defendant's pro se Motion for Early Termination of Supervision. This is defendant's second request. For cause, defendant states that he has now completed at least one half of the imposed term of release and that he has been compliant with the conditions of release. Defendant further states that "Mr. Sinclair [his supervising officer] would not oppose a motion for early termination of supervised release." The...
DISMISSAL OF WRIT OF CONTINUING GARNISHMENT DAVID C. KEESLER , Magistrate Judge . THIS MATTER IS BEFORE THE COURT on the United States' "Motion For Dismissal Of Writ Of Continuing Garnishment" (Document No. 51) filed December 30, 2016. For the reasons stated therein, and for good cause shown, it is ORDERED that the Writ of Continuing Garnishment filed in this case against Defendant David E. Choate is DISMISSED.
ORDER MAX O. COGBURN, Jr. , District Judge . THIS MATTER is before the court on defendant's Motion to Dismiss (#5). The matter has been fully briefed and is ripe for review. Having considered the motion and reviewed the pleadings, the court enters the following Order. Defendant has moved for partial dismissal of Counts Two and Three of plaintiff's Complaint (#1). The pending Motion does not address Count One, alleging breach of contract. Count Two of plaintiff's Complaint relates to the...
ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court sua sponte. On September 19, 2016, the Plaintiff filed this action against multiple Defendants, including the Defendants LG Electronics U.S.A., Inc. ("LG Electronics") and RT Vanderbilt Holding Company, Inc., sued individually and as successor in interest to R.T. Vanderbilt Company, Inc. ("RT Vanderbilt"). [Doc. 1]. The Plaintiff has filed executed summonses indicating that LG Electronics was served on September...
MEMORANDUM OF DECISION AND ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Plaintiff's Motion to Dismiss both of the Defendant's counterclaims pursuant to Rules 12(b)(6) and 12(c) of the Federal Rules of Civil Procedure. [Doc. 35]. I. PROCEDURAL BACKGROUND The instant case involves a trademark dispute between the Plaintiff, The Biltmore Company, and the Defendant, NU U, Inc., that arose when the Defendant opened a retail store called "Biltmore Bride...
CONSENT PROTECTIVE ORDER MARTIN REIDINGER , District Judge . The Parties have agreed that certain categories of documents and information should receive confidential treatment. To that end, they have agreed to the terms of this Order. 1 Accordingly, it is ORDERED: 1. Scope. This Order permits Parties and Non-Parties to designate and disclose documents and information in this case as CONFIDENTIAL or CONFIDENTIAL-ATTORNEYS' EYES ONLY (the "Covered Information"), in accordance with...
CONSENT ORDER AND JUDGMENT OF FORFEITURE PENDING RULE 32.2(c)(2) DAVID S. CAYER , Magistrate Judge . BASED UPON the Defendant's plea of guilty and finding that there is a nexus between the property listed below and the offense(s) to which the Defendant has pled guilty and that the Defendant (or any combination of Defendants in this case) has or had a possessory interest or other legal interest in the property, IT IS HEREBY ORDERED THAT: 1. The following property is forfeited to the United...
CONSENT ORDER GRANTING MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS GRAHAM C. MULLEN , District Judge . THIS MATTER comes before the Court on the consent of the parties named below and in connection with the Plaintiff's Motion for Partial Judgment on the Pleadings (Doc. No. 13) filed on November 14, 2016 (the "Motion"). Through the Motion, Plaintiff seeks judgment on the pleadings on her claim for declaratory relief that a certain deed of trust purportedly encumbering receivership...
ORDER DAVID S. CAYER , Magistrate Judge . THIS MATTER came before the Court on the "Application for Admission to Practice Pro Hac Vice [for David A. Yudelson]" (document #7) filed December 28, 2016. For the reasons stated therein, the Motion is granted. The Clerk is directed to send copies of this Order to counsel for the parties, and to the Honorable Robert J. Conrad, Jr. SO ORDERED.
ORDER GRAHAM C. MULLEN , District Judge . This matter is before the Court upon Defendants' Motion to Dismiss or, in the Alternative, to Transfer Venue. The matter has been fully briefed and is ripe for disposition. FACTUAL BACKGROUND This case arises out of a contract between Plaintiffs and Defendant MD Rehab, LLC ("MD Rehab") regarding the purchase of stock in two entities owned by Plaintiffs, Rehab Solutions, LLC and Therastat Data, LLC. Plaintiffs allege that MD Rehab breached its...
ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Plaintiff's filing entitled "Recommendation," which the Court construes as a motion for reconsideration. [Doc. 19]. I. BACKGROUND On June 2, 2014, an administrative law judge (ALJ) issued a decision denying the Plaintiff's claim for benefits under Titles II and XVI of the Social Security Act, and mailed a copy thereof to Plaintiff and his representative [Doc. 13-1 at 6]. The Plaintiff requested that the...
CONSENT ORDER AND JUDGMENT OF FORFEITURE PENDING RULE 32.2(c)(2) DAVID KEESLER , District Judge . BASED UPON the Defendant's plea of guilty and finding that there is a nexus between the property listed below and the offense(s) to which the Defendant has pled guilty and that the Defendant (or any combination of Defendants in this case) has or had a possessory interest or other legal interest in the property, IT IS HEREBY ORDERED THAT: 1. The following property is forfeited to the United...
