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15-045 - USA v. IN THE MATTER OF THE SEIZURE OF ALL FUNDS ON DEPOSIT AT BANK OF NORTH CAROLINA IN THE ACCOUNT ENDING IN NUMBER XX2413, IN THE NAME OF GATE CITY TRANSPORTATION

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USA, Plaintiff
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15-045 - USA v. IN THE MATTER OF THE SEIZURE OF ALL FUNDS ON DEPOSIT AT BANK OF NORTH CAROLINA IN THE ACCOUNT ENDING IN NUMBER XX2413, IN THE NAME OF GATE CITY TRANSPORTATION
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January 18, 2017
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ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 1/18/2017; that Movants' Motions for Return of Property in 1:15MJ32 to 1:15MJ38, 1:15MJ40 to 1:15MJ45, and 1:15MJ49 through 1:15MJ85 be DENIED, and that Movants' Motions to Dismiss in 1:15CV152 [Doc. #10] and 1:15CV506 [Doc. #9] be DENIED. However, as noted during the hearing, Movants may elect to withdraw those Motions without prejudice rather than proceeding on the Recommendation at this time. ORDERED that the Government's Motion to Stay Discovery Proceedings is GRANTED and Movants' Motion to Lift Stay is DENIED. However, FURTHER that the Government must provide an updated status report and basis for continuing the stay within 10 days of the date of this Order and every 90 days thereafter, and Movants may thereafter file a renewed Motion to Lift Stay if there are further matters for the Court's consideration. (Sheets, Jamie)
March 31, 2017
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ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 3/31/2017; that the Magistrate Judge's Recommendation (Doc. 76) is ADOPTED except as modified herein. FURTHER that Claimants' Motions and Supplemental Motions for the Return of Seized Property in 1:15MJ32 to 1:15MJ38, 1:15MJ40 to 1:15MJ45, and 1:15MJ49 through 1:15MJ85 are DENIED and that Claimants' Motions to Dismiss in 1:15CV152 (Doc. 10) and 1:15CV506 (Doc. 9) are DENIED. FURTHER that the Magistrate Judge's order granting the stay is AFFIRMED AS MODIFIED HEREIN. FURTHER that Claimants' Motions to Supplement their Objections to the Order and Recommendation are GRANTED to the extent that the additional objections have been considered. (Sheets, Jamie)