Timothy Lewis Whiting v. United States of America

Filing 41

JUDGMENT by Judge Andre Birotte Jr.: IT IS HEREBY ORDERED, ADJUDGED, and DECREED that: (1) As to Count I of the First Amended Complaint, Plaintiff TIMOTHY LEWIS WHITING is not entitled to damages against the United States pursuant to 26 U.S.C. Sectio n 7433. (2) As to Count II of the First Amended Complaint, Plaintiff's case is dismissed for lack of subject matter jurisdiction. (3) Plaintiff TIMOTHY LEWIS WHITING takes nothing by his First Amended Complaint and action against the United States. (gk)

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EILEEN M. DECKER
United States Attorney
SANDRA R. BROWN
Assistant United States Attorney
Chief, Tax Division
THOMAS D. COKER (SBN 136820)
Assistant United States Attorney
Federal Building, Suite 7211
300 North Los Angeles Street
Los Angeles, California 90012
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Attorneys for Defendant United States of America

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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TIMOTHY LEWIS WHITING,

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Plaintiff,

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Case No. EDCV 15-01472-AB (DTBx)

v.

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UNITED STATES OF AMERICA,

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[Proposed] JUDGMENT

Defendant.

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This action came before the Court on the Government’s Motion for Summary

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Judgment (“Motion”). On June 21, 2016, after carefully considering the pleadings filed

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in support of and in opposition to the Motion, the Court granted the Government’s

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Motion in part as to Count I and denied the Motion as moot as to Count II.

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Accordingly, IT IS HEREBY ORDERED, ADJUDGED, and DECREED that:

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1.

As to Count I of the First Amended Complaint, Plaintiff TIMOTHY

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LEWIS WHITING is not entitled to damages against the United States

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pursuant to 26 U.S.C. Section 7433.

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2.

As to Count II of the First Amended Complaint, Plaintiff’s case is dismissed
for lack of subject matter jurisdiction.

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3.

Plaintiff TIMOTHY LEWIS WHITING takes nothing by his First

Amended Complaint and action against the United States.

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DATE: July 18, 2016

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_________________________________
ANDRÉ BIROTTE JR.
United States District Judge

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Presented By:

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EILEEN M. DECKER
United States Attorney
ROBERT CONTE
Assistant United States Attorney
Acting Chief, Tax Division
_/S/TDC____________________
THOMAS D. COKER
Assistant United States Attorney

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