UNITED STATES OF AMERICA v. 17221 COVES EDGE LANE, CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA, WITH ALL APPURTENANCES AND IMPROVEMENTS THEREON et al
| UNITED STATES OF AMERICA |
| 17221 COVES EDGE LANE, CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA, WITH ALL APPURTENANCES AND IMPROVEMENTS THEREON and 4016 WILD NURSERY COURT, CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA, WITH ALL APPURTENANCES AND IMPROVEMENTS THEREON |
| KRIS FALCON-WILLIAMS, KRIS WILLIAMS FALCON and KRIS FALCON |
| 1:2023cv00224 |
| March 13, 2023 |
| US District Court for the Middle District of North Carolina |
| LORETTA C BIGGS |
| JOE L WEBSTER |
| Real Property: Other |
| 18 U.S.C. § 0981 Civil Forfeiture - Gambling, etc. |
| None |
Docket Report
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| Document Text |
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Filing 19
ORDER signed by JUDGE LORETTA C. BIGGS on 05/09/2023, The defendant property may be sold pursuant to Rule G(7)(b) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. The sale is approved on the terms set forth in the Offer to Purchase and Contract entered into by Kris Williams-Falcon, and purchasers, Garry L. Carver and Joan E. Carver, (ECF No. #13 -1); provided, however, that the parties may agree to modify dates for completion of due diligence and settlement as needed. The sale proceeds shall be applied first to the satisfaction of any liens and then to the usual and customary expenses of sale. Any remaining proceeds, (the Net Sale Proceeds), shall be deposited with the Clerk of Court and treated as a substitute res in this forfeiture proceeding. Upon receipt of the Net Sale Proceeds from the sale of the defendant property, the Clerk of the Court, as soon as the business of his office allows, shall place said funds in the Court Registry Investment System (CRIS) to be administered by the Administrative Office of the United States Courts under 28 U.S.C. 2045. The initial investment and any interest earned thereon shall be subject to the collateral provisions of Treasury Circular 176, if applicable. The government shall serve a copy of this Order upon the Clerk of the Financial Deputy Clerk along with the aforementioned Net Sale Proceeds, which shall remain deposited into the Registry of the Court until further order of this Court. (Bowers, Alexis)
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| Filing 18 RETURN OF SERVICE NON-PARTY on April 17, 2023 via certified mail of the Verified Complaint of Forfeiture, Supplement to Verified Complaint, Notices of Lis Pendens, and Legal Notice as to S&S Services Group, LLC (KLAUER, LYNNE) |
| Filing 17 RETURN OF SERVICE NON-PARTY on March 24, 2023 via certified mail of the Verified Complaint of Forfeiture, Supplement to Verified Complaint, Notices of Lis Pendens, and Legal Notice as to Office of the Tax Collector - Mecklenburg County (KLAUER, LYNNE) |
| Filing 16 RETURN OF SERVICE NON-PARTY on March 23, 2023 via certified mail of the Verified Complaint of Forfeiture, Supplement to Verified Complaint, Notices of Lis Pendens, and Legal Notice as to North Carolina Department of Revenue (KLAUER, LYNNE) |
| Filing 15 SERVICE by Publication filed by Plaintiff UNITED STATES OF AMERICA. Served by publication in an official government internet site (www.forfeiture.gov) as to Legal Notice on date(s) March 18, 2023 through April 16, 2023. (KLAUER, LYNNE) |
| Motion Submitted: #13 Second JOINT MOTION to Approve Interlocutory Sale of 17221 Coves Edge Lane and Deposit of Net Sale Proceeds with the Court to JUDGE LORETTA C. BIGGS. (Blay, Debbie) |
| Filing 14 MEMORANDUM filed by Plaintiff UNITED STATES OF AMERICA re #13 Second JOINT MOTION to Approve Interlocutory Sale of 17221 Coves Edge Lane and Deposit of Net Sale Proceeds with the Court filed by UNITED STATES OF AMERICA. (KLAUER, LYNNE) |
| Filing 13 Second JOINT MOTION to Approve Interlocutory Sale of 17221 Coves Edge Lane and Deposit of Net Sale Proceeds with the Court by UNITED STATES OF AMERICA. (Attachments: #1 Exhibit A - Second Offer to Purchase, #2 Text of Proposed Order)(KLAUER, LYNNE) |
| Filing 12 USMS Return Executed for Verified Complaint for Forfeiture, Supplement to Complaint, Notice of Lis Pendens, and Legal Notice served on 4016 Wild Nursery Court, Charlotte, Mecklenburg County, NC, with all appurtenances and improvements thereon on April 25, 2023, filed by UNITED STATES OF AMERICA. (KLAUER, LYNNE) |
| Filing 11 USMS Return Executed for Verified Complaint for Forfeiture, Supplement to Complaint, Notice of Lis Pendens, and Legal Notice served on 17221 Coves Edge Lane, Charlotte, Mecklenburg County, NC, with all appurtenances and improvements thereon on April 25, 2023, filed by UNITED STATES OF AMERICA. (KLAUER, LYNNE) |
| Filing 10 NOTICE of Settlement by UNITED STATES OF AMERICA (Attachments: #1 Settlement Agreement)(KLAUER, LYNNE) |
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Filing 9
ORDER signed by JUDGE LORETTA C. BIGGS on 04/04/2023, The defendant property may be sold pursuant to Rule G(7)(b) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. The sale is approved on the terms set forth in the Offer to Purchase and Contract entered into by Kris Williams-Falcon, and purchaser, Dr. Craig Pounder, effective March 29, 2023; provided, however, that the parties may agree to modify dates for completion of due diligence and settlement as needed. The sale proceeds shall be applied first to the satisfaction of any liens and then to the usual and customary expenses of sale. Any remaining proceeds (the Net Sale Proceeds) shall be deposited with the Clerk of Court and treated as a substitute res in this forfeiture proceeding. Upon receipt of the Net Sale Proceeds from the sale of the defendant property, the Clerk of the Court, as soon as the business of his office allows, shall place said funds in the Court Registry Investment System (CRIS) to be administered by the Administrative Office of the United States Courts under 28 U.S.C. 2045. The initial investment and any interest earned thereon shall be subject to the collateral provisions of Treasury Circular 176, if applicable. The government shall serve a copy of this Order upon the Clerk of the Financial Deputy Clerk along with the aforementioned Net Sale Proceeds, which shall remain deposited into the Registry of the Court until further order of this Court. (Bowers, Alexis)
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| Motion Submitted: #7 JOINT MOTION To Approve Interlocutory Sale of 17221 Coves Edge Lane And Deposit of Net Sale Proceeds With the Court to JUDGE LORETTA C. BIGGS. (Blay, Debbie) |
| Case Reassigned to CHIEF JUDGE THOMAS D. SCHROEDER. UNASSIGNED no longer assigned to the case. (Marsh, Keah) |
| Case Reassigned to JUDGE LORETTA C. BIGGS. CHIEF JUDGE THOMAS D. SCHROEDER no longer assigned to the case. Chief Judge Thomas D. Schroeder assigned in error. (Marsh, Keah) |
| Filing 8 MEMORANDUM filed by Plaintiff UNITED STATES OF AMERICA re #7 JOINT MOTION To Approve Interlocutory Sale of 17221 Coves Edge Lane And Deposit of Net Sale Proceeds With the Court filed by UNITED STATES OF AMERICA. (Attachments: #1 Purchase Agreement)(KLAUER, LYNNE) |
| Filing 7 JOINT MOTION To Approve Interlocutory Sale of 17221 Coves Edge Lane And Deposit of Net Sale Proceeds With the Court by UNITED STATES OF AMERICA. (Attachments: #1 Text of Proposed Order)(KLAUER, LYNNE) |
| Filing 6 ACCEPTANCE OF SERVICE of summons and complaint by counsel on behalf of Claimant on March 27, 2023. (BEAVER, H.) |
| Filing 5 NOTICE of Attorney Appearance by attorney H. GERALD BEAVER on behalf of Defendants 17221 COVES EDGE LANE, CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA, WITH ALL APPURTENANCES AND IMPROVEMENTS THEREON, 4016 WILD NURSERY COURT, CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA, WITH ALL APPURTENANCES AND IMPROVEMENTS THEREON (BEAVER, H.) |
| Filing 4 NOTICE of Lis Pendens by UNITED STATES OF AMERICA (KLAUER, LYNNE) |
| Filing 3 NOTICE of Lis Pendens by UNITED STATES OF AMERICA (KLAUER, LYNNE) |
| Filing 2 SUPPLEMENT re #1 Complaint for Forfeiture,, by Plaintiff UNITED STATES OF AMERICA. (Attachments: #1 Signature Page of Declaration of Agent Corey E. Maser)(KLAUER, LYNNE) |
| CASE REFERRED to Standing Order 30. (Bowers, Alexis) |
| Filing 1 COMPLAINT for Forfeiture against 17221 COVES EDGE LANE, CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA, WITH ALL APPURTENANCES AND IMPROVEMENTS THEREON, 4016 WILD NURSERY COURT, CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA, WITH ALL APPURTENANCES AND IMPROVEMENTS THEREON (Filing fee.), filed by UNITED STATES OF AMERICA. (Attachments: #1 Exhibit A - Declaration of Special Agent Corey E. Maser, #2 Exhibit A-1 - General Warranty Deed for 17221 Coves Edge Lane Property, #3 Exhibit A-2 - General Warranty Deed for 4016 Wild Nursery Court Property)(KLAUER, LYNNE) |
| Case ASSIGNED to UNASSIGNED and MAG/JUDGE JOE L. WEBSTER. (Bowers, Alexis) |
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| Plaintiff: UNITED STATES OF AMERICA | |
| Represented By: | LYNNE P. KLAUER |
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| Defendant: 17221 COVES EDGE LANE, CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA, WITH ALL APPURTENANCES AND IMPROVEMENTS THEREON | |
| Represented By: | H. GERALD BEAVER |
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| Defendant: 4016 WILD NURSERY COURT, CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA, WITH ALL APPURTENANCES AND IMPROVEMENTS THEREON | |
| Represented By: | H. GERALD BEAVER |
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| Claimant: KRIS FALCON-WILLIAMS | |
| Represented By: | H. GERALD BEAVER |
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| Claimant: KRIS WILLIAMS FALCON | |
| Represented By: | H. GERALD BEAVER |
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| Claimant: KRIS FALCON | |
| Represented By: | H. GERALD BEAVER |
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