U.S. DEPARTMENT OF JUSTICE IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION UNITED STATES OF
U.S. DEPARTMENT OF JUSTICE
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION UNITED STATES OF AMERICA,
Plaintiff,
v. Civil No.: 1:11-cv-02761-ODE
LEON G. PYE; CATHLYN PYE; GEORGE A. WILLIAMS, JR.; DEKALB COUNTY TAX COMMISSIONER; BENT TREE COMMUNITY, INC. MIDFIRST BANK; WESTERN PACIFIC FINANCIAL CORPORATION
Defendants.
ORDER This matter is before the Court on the United States' Motion to Reopen Case, Extend Time for Service of Process Nunc Pro Tunc, for Order to Serve by Publication and to Extend Time for Discovery and Dispositive Motions. Having considered the matter and for good cause shown, it is hereby ORDERED and ADJUDGED that:
1.The United States' motion is GRANTED.
2.The Clerk is directed to reopen this case.
3.As the Court finds that personal service of this Order is not practicable, service of the summons and Complaint in this matter shall be made upon defendant Western Pacific Financial Corporation in accordance with 28 U.S.C. 164> 1655 by publication of this Order in a newspaper of general circulation throughout the jurisdictional boundaries of this Court, not less than once a week for six consecutive weeks.
4.In accordance with 28 U.S.C. 164> 1655, Western Pacific Financial Corporation is ORDERED to appear, plead, answer, or otherwise move, with respect to the United States' Complaint no later than 90 days from the date of this order. Failure to do so may result in a default judgment against Western Pacific Financial group for the relief demanded in the Complaint.
5.The United States' deadline for effecting service of process on all defendants is hereby EXTENDED nunc pro tunc by 60 days from the date of this order.
6.All discovery will be completed no later than 60 days from the date of this order.
7.Any motion for summary judgment must be filed no later than 21 days after the completion of the extended discovery period.
IT IS SO ORDERED this 24th day of July, 2012.
ORINDA D. EVANS
Senior United States District Judge
Prepared by:
Michael W. May
Trial Attorney
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