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11-643 - EPCON COMMUNITIES CAROLINAS, LLC et al v. TILLEY, et al


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11-643 - EPCON COMMUNITIES CAROLINAS, LLC et al v. TILLEY, et al
May 1, 2012
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MEMORANDUM OPINION AND ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 5/1/2012, that Defendants Thomas Tilley, Iris Tilley, and Melba George are given 21 days from the entry of this Order, to and including May 22, 2012, to file an Answer, Motion to Dismiss, or other responsive pleading with respect to Plaintiffs' Amended Complaint. Any filing must be clearly labeled and must be filed in compliance with the Federal Rules of Civil Procedure and the Local Rules of this Court. FURTHER, that the Clerk is directed to set this case for an Initial Pretrial Conference on Thursday, May 24, 2012 at 9:30 a.m.(Daniel, J)
January 23, 2013
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RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 1/23/2013; RECOMMENDING that Plaintiffs' Motions to Dismiss [Doc. #41, #47] be GRANTED and that the Counterclaim be dismissed. (Sheets, Jamie)
March 28, 2013
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ORDER signed by JUDGE N. C. TILLEY, JR on 3/28/2013 adopting the Magistrate Judge's Recommendation [Doc. # 58]; that Plaintiffs' Motions to Dismiss [Doc. # 41, # 47] are therefore GRANTED, and the Tilley Defendants' Counterclaims [Doc. # 39, # 44] are DISMISSED. (Sheets, Jamie)
July 2, 2015
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ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 7/2/2015; that United States' Motion for Judgment that Epcon Farm Trust is Nominee of Iris and Thomas Tilley [Doc. #60] is DENIED without prejudice to refiling during the subsequent proceedings to resolve the competing claims. FURTHER that, on or before September 16, 2015, the United States shall file a Statement of Status of the Proceedings, addressing whether and how the parties should be realigned, the nature of the United States' claims going forward, a proposed schedule for future proceedings, and whether a stay until the completion of Thomas Tilley's criminal proceedings is appropriate. RECOMMENDED that the Epcon Plaintiffs' Motion for Judgment on the Pleadings and for Summary Judgment [Doc. #87] be denied as moot. RECOMMENDED that the Epcon Plaintiffs' Motion for Relief in the Nature of Interpleader [Doc. #83] and Consent Motion for Interpleader Order Pursuant to Settlement Agreements [Doc. #93] be granted as set out herein. RECOMMENDED that the Epcon Plaintiffs' Motion for Rule 54(b) Certification [Doc. #89] be granted, given that all claims by and against the Epcon Plaintiffs have been resolved, the Epcon Plaintiffs have no further interest in this action, and no just reason exists for delay, and the Order should therefore be entered as a final judgment as to the Epcon Plaintiffs pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Sheets, Jamie)
July 29, 2015
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ORDER signed by JUDGE N. C. TILLEY, JR on 7/29/2015 adopting the Magistrate Judge's Recommendation 94; that the United States' Motion for Judgment that Epcon Farm Trust is Nominee of Iris and Thomas Tilley (Doc #60) is DENIED without prejudice to refiling during the subsequent proceedings to resolve the competing claims; that the Epcon Plaintiffs' Motion for Judgment on the Pleadings and for Summary Judgment (Doc. #87) is DENIED as moot; that the Epcon Plaintiffs' Motion for Relief in the Nature of Interpleader (Doc. #83) and Consent Motion for Interpleader Order Pursuant to Settlement Agreements (Doc. #93) are GRANTED as set out herein. Further that the Epcon Plaintiffs' Motion for Rule 54(b) Certification (Doc. #89) is GRANTED and the Court specifically certifies that, given that all claims by and against the Epcon Plaintiffs have been resolved and the Epcon Plaintiffs have no further interest in this action, there is no just reason for delay. A final judgment as to the Epcon Plaintiffs will be entered contemporaneously with this Order. (Sheets, Jamie)
February 19, 2016
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RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JOI ELIZABETH PEAKE signed on 2/19/2016, RECOMMENDED that the Clerk be directed to disburse the interpleaded funds in the amount of $2,025,000, as well as any accrued interest under Local Rule 67.1, to the Internal Revenue Service-RACS, Attn: Mail Stop 6261, Restitution, 333 W. Pershing Avenue, Kansas City, Missouri, 64108, and that such funds be credited toward Thomas Tilley's restitution obligations in the Judgment in United States v. Tilley, Case Number 1:14CR130 (M.D.N.C. 2015), and that final judgment be entered dismissing this action on that disbursement order.(Daniel, J)
March 21, 2016
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ORDER signed by JUDGE N. C. TILLEY, JR on 3/21/2016 adopting the Magistrate Judge's Recommendation [Doc. #107]; that the Clerk is directed to disburse the interpleaded funds in the amount of $2,025,000, as well as any accrued interest under Local Rule 67.1, to the Internal Revenue Service-RACS, Attn: Mail Stop 6261, Restitution, 333 W. Pershing Avenue, Kansas City, Missouri, 64108, and that such funds be credited toward Thomas Tilley's restitution obligations in the Judgment in United States v. Tilley, Case Number 1:14CR130 (M.D.N.C. 2015). FURTHER that on this disbursement, all claims in this action are dismissed. (Sheets, Jamie)