United States of America v. Capriotti et al

Filing 55

STIPULATION and ORDER to set Aside Default and Conform Responsive Pleading, signed by Magistrate Judge Dennis L. Beck on 12/20/11. (Verduzco, M)

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John W. Phillips (SBN 147117)
WILD, CARTER & TIPTON
A Professional Corporation
246 West Shaw Avenue
Fresno, California 93704
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Attorneys for Defendant
Oak View Trust by Global Business Services as Trustee

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA-FRESNO

246 West Shaw Avenue
Fresno, California 93704

WILD, CARTER & TIPTON

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UNITED STATES OF AMERICA,

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Plaintiff,

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v.

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CHRIS CAPRIOTTI, individually and as
Trustee of THE CHRIS AND CARRIE
CAPRIOTTI FAMILY TRUST; CARRIE
L. CAPRIOTTI, individually and as
Trustee of THE CHRIS AND CARRIE
CAPRIOTTI FAMILY TRUST;
OAKVIEW TRUST by GLOBAL
BUSINESS SERVICES as Trustee; AND
THE STATE OF CALIFORNIA,
FRANCHISE TAX BOARD,

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Defendants.

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Case Number 1:11-CV-00847-OWW-DLB
STIPULATION AND ORDER TO SET
ASIDE DEFAULT AND CONFORM
RESPONSIVE PLEADINGS

This Stipulation and Order to Set Aside Default and Conform Responsive

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Pleadings is entered into by and between the parties to this action with respect to the following

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Recitals of Fact:

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1.

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Plaintiff United States of America filed its Complaint in the above-

referenced court on or about May 23, 2011;
2.

Thereafter, Trustee Global Business Services filed a responsive pleading

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on behalf of Defendant Oak View Trust. Responsive pleadings were not filed on behalf of a

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trustee of the Chris and Carrie Capriotti Family Trust;
STIPULATION AND ORDER TO SET ASIDE DEFAULT AND CONFORM RESPONSIVE PLEADINGS

3.

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September 30, 2011.
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Global Business Services filed responsive pleadings on behalf of both the

Oak View Trust and the Chris and Carrie Capriotti Family Trust.
5.

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Plaintiff United States of America filed a First Amended Complaint on

On or about September 7, 2011, Plaintiff United States of America filed a

Notice of Default with respect to the Chris and Carrie Capriotti Family Trust.
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Global Administrative Services, LLC, a California limited liability

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company, is successor trustee to Global Business Services, a Nevada corporation, with respect to

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both the Oak View Trust and the Chris and Carrie Capriotti Family Trust.
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246 West Shaw Avenue
Fresno, California 93704

WILD, CARTER & TIPTON

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The parties desire, and hereby stipulate to, set aside the prior default

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entered by Plaintiff United States of America with respect to the Chris and Carrie Capriotti

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Family Trust, and to substitute the responsive pleading attached hereto as Exhibit “A” by Global

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Administrative Services, LLC, for the prior responsive pleadings filed by Global Business

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Services, a Nevada corporation, on behalf of the Oak View Trust and the Chris and Carrie

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Capriotti Family Trust. The purpose of filing the attached amended responsive pleading is solely

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to correct the party designation as to Global Administrative Services, LLC.
Based on the foregoing, good cause otherwise appearing, the parties hereby

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stipulate and agree as follows:
1.

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The prior Request for Entry of Default and resulting Order thereon

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submitted by Plaintiff United States of America with respect to the Chris and Carrie Capriotti

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Family Trust is hereby set aside.

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2.

The parties request that the United States District Court hereby accept

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Exhibit “A” as the amended responsive pleading filed on behalf of Global Administrative

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Services, LLC, a California limited liability company, as its responsive pleading with respect to

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Global Administrative Services, as successor trustee of both the Oak View Trust and the Chris

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and Carrie Capriotti Family Trust.

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///

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STIPULATION AND ORDER TO SET ASIDE DEFAULT AND CONFORM RESPONSIVE PLEADINGS

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3.

That all Orders of the Court with respect to the Joint Scheduling

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Conference held on December 5, 2011, shall remain in place, and Global Administrative

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Services, LLC, shall be bound by the same.

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Dated: December 16 , 2011

WILD, CARTER & TIPTON
A Professional Corporation

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By

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246 West Shaw Avenue
Fresno, California 93704

WILD, CARTER & TIPTON

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/s/
JOHN W. PHILLIPS
Attorneys for Oak View Trust by Global
Administrative Services, LLC as Trustee,
and the Chris and Carrie Capriotti Family
Trust, by Global Administrative Services,
LLC as Trustee

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Dated: December 15

, 2011

U.S. DEPARTMENT OF JUSTICE

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By

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/s/
AARON BAILEY, Attorneys for United
States of America

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ORDER
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For good cause, it is so ordered.
Dated: December 20, 2011
____/s/ Dennis L. Beck____
U.S. MAGISTRATE JUDGE

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STIPULATION AND ORDER TO SET ASIDE DEFAULT AND CONFORM RESPONSIVE PLEADINGS