United States of America v. Peters et al
Filing
83
MEMORANDUM AND ORDER (PLEASE SEE ORDER FOR COMPLETE DETAILS) IT IS HEREBY ORDERED that the motion of Mr. Harry Charles, counsel for Defendant Gerald Peters, to withdraw from this action is GRANTED, for the reasons set forth in the motion. (Doc. No. 76.) IT IS FURTHER ORDERED that Mr. Peters is granted ten days, through Thursday, May 22, 2014, to obtain substitute counsel. ( Response to Court due by 5/22/2014.) Signed by District Judge Audrey G. Fleissig on 5/12/14. (JWJ)
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
GERALD PETERS, et al.,
Defendants.
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Case No. 4:12CV01395 AGF
MEMORANDUM AND ORDER
The United States of America (“the Government”) brings this action against
Defendants Gerald Peters and Darlene Peters, to recover delinquent income tax and
penalties and to enforce its tax liens against real property owned by the Defendants. 1
Now before the Court is the motion of Mr. Harry Charles, counsel for Defendant Gerald
Peters, to withdraw from his representation of Mr. Peters herein. Following a hearing
attended2 by Mr. Peters, his counsel, and counsel for the Government, a portion of which
was conducted as an ex parte proceeding between Mr. Peters, his counsel, and the Court.
IT IS HEREBY ORDERED that the motion of Mr. Harry Charles, counsel for
1
The Government also named J.P. Morgan Chase Bank and St. Louis County, both of
which hold liens on the property, as Defendants (the “Lienholder Defendants”).
2
The Lienholder Defendants were not required to attend the hearing because the
Government, the Defendants and the Lienholder Defendants have stipulated to the
priority of the several liens on the subject property and have agreed that the Lienholder
Defendants are excused from further participation in this matter pending further order of
this Court. See Doc. No. 81.
Defendant Gerald Peters, to withdraw from this action is GRANTED, for the reasons set
forth in the motion. (Doc. No. 76.)
IT IS FURTHER ORDERED that Mr. Peters is granted ten days, through
Thursday, May 22, 2014, to obtain substitute counsel.
IT IS FURTHER ORDERED that Mr. Peters, proceeding pro se, is granted
seven (7) days, through Monday, May 19, 2014, to file a brief concerning certain
allegedly new information he wished to present to the Court. Specifically, Mr. Peters
shall explain why the information should be considered new information, why he was
unable to present it to the Court before this time, and why the Court should grant him
relief with respect to the presentation of this information, including but not limited to
permission to reopen discovery and/or the briefing period for the Government’s pending
motion for summary judgment.
IT IS FURTHER ORDERED that the Government is granted seven (7) days,
through Tuesday, May 27, 2014, to respond to Mr. Peters’ filing.
IT IS FURTHER ORDERED that the deadlines for the filing of pretrial
materials in this matter, presently scheduled for May 20 and May 27, 2014, shall be
stayed pending further order of the Court.
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 12th day of May, 2014.
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