United States of America v. Clingenpeel et al

Filing 31

ORDER MODIFYING the existing briefing schedule as follows: plaintiff's Motion for Summary Judgment, document 27 , currently set for hearing on 11/22/2010 has been CONTINUED and will now be heard on 1/10/2011 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger; the pending Pretrial and Jury Trial dates are VACATED and will be addressed after the Court's ruling on the pending Motion for Summary Judgment, if necessary; order signed by Judge Oliver W. Wanger on 11/12/2010. (Rooney, M)

United States of America v. Clingenpeel et al

Doc. 31

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BENJAMIN B. WAGNER United States Attorney G. PATRICK JENNINGS Trial Attorney, Tax Division U.S. Department of Justice P.O. Box 683, Ben Franklin Station W ashington, D.C. 20044-0683 Telephone: [phone] E-mail: [e-mail] Attorneys for the United States of America

7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) Civil No. 1:09-CV-00797 OWW DLB v. ) ) RAY CLINGENPEEL; SHIRLEY A. ) ORDER MODIFYING SCHEDULE CLINGENPEEL; TUFFY RUFFY TRUST by ) DAVID K. JACOBS, TRUSTEE and/or by ) ANITA MORRISON, TRUSTEE; ) SUSAN BELL TRUST by DAVID K. JACOBS, ) TRUSTEE; and/or by ANITA MORRISON, ) TRUSTEE; ATEL CAPITAL GROUP; ) STATE OF CALIFORNIA FRANCHISE TAX ) BOARD; RESIDENTIAL CREDIT ) SOLUTIONS; CITIBANK (South Dakota) NA; ) TASHIMA FAMILY TRUST by MIKIYE ) TASHIMA, TRUSTEE; ) ) Defendants. ) ) Plaintiff United States of America requests a continuance of the hearing on the United States' motion for summary judgment, currently set for November 22, 2010, at 10:00 a.m. to a new date of January 10, 2011, at 10:00 a.m. The United States further requests that the Court vacate the remaining dates of the existing scheduling order in this case. The Clingenpeels, taxpayers and defendants here, have submitted amended tax returns which may avoid the need to adjudicate some issues in this case. Counsel for the United States believes that any remaining issues will be resolved by the pending motions. Upon good cause shown,

Dockets.Justia.com

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IT IS ORDERED THAT 1. The hearing on the United States' motion for summary judgment and motion for entry of

default judgment (Doc. No. 27), presently set for November 22, 2010, at 10:00 a.m., is continued to January 10, 2011, at 10:00 a.m. in Courtroom 3. 2. The final pretrial conference date (November 29, 2010) and the trial date (January 4,

2011) in the scheduling order (Doc. No. 22) are vacated. The Court will re-schedule the case if necessary after the pending dispositive motions are decided.

IT IS SO ORDERED Dated: November 12, 2010 /s/ OLIVER W. WANGER United States District Judge

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