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UNITED STATES OF AMERICA, Plaintiff, v. JOHN C. GILLIS, SR., et al., Defendants.

ORDER

WILLIAM MOORE, District Judge

The United States instituted this action to reduce assessments to Judgment, set aside fraudulent transfers, foreclose federal tax liens, and to obtain a deficiency judgment. On June 2, 2003, this Court issued an Order granting summary judgment in favor of the United States and directing that certain real property be seized and sold by the United States Marshal Service. Due, apparently, to a lack of communication between the Government's attorneys in Savannah, Georgia and Washington, D.C., the Government did not move for an Order of Sale until November of this year. The Court issued that Order on November 24, 2004. To date, the final foreclosure of the subject property has not been completed.

Upon inquiring about what progress has been made in carrying out the foreclosure sales as directed in the November 24, 2004 Order, the Court has received unsatisfactory responses and is concerned that this action, which has already continued for too long, will remain pending indefinitely. Therefore, the Government is ORDERED to consummate the foreclosure and sale of the properties at issue on or before April 1, 2005.

Moreover, because no further action by the Court is necessary to bring the case to final judgment, the Clerk of Court is DIRECTED to CLOSE this action for statistical purposes. This case should be placed in a civil suspense file and deleted from the role of pending cases. The Court shall retain jurisdiction over this matter, and the case will be restored to the active docket if the Court receives notice from the Government that further action is necessary from the Court.

SO ORDERED.

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U.S. v. GILLIS
(Dec 29, 2004)