United States of America v. Couri et al

Filing 34

ORDER ENTERING JUDGMENT on the United States' First Claim for Relief and DISMISSING Without Prejudice Second Claim for Relief signed by District Judge Dale A. Drozd on 9/27/2017. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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No. 1:17-cv-00713-DAD-JLT

Plaintiff,
v.
EDGARD COURI et al.,

ORDER ENTERING JUDGMENT ON THE
UNITED STATES’ FIRST CLAIM FOR
RELIEF AND DISMISSING WITHOUT
PREJUDICE SECOND CLAIM FOR RELIEF

Defendants.
(Doc. Nos. 31, 32)

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On September 26, 2017, plaintiff United States of America and defendant Edgard Couri,

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through counsel, entered stipulations with respect to plaintiff’s first and second claims for relief.

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(Doc. Nos. 31, 32.) Pursuant to that stipulation, the parties have agreed to the entry of judgment

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in favor of plaintiff United States with respect to its first claim for relief. (Doc. No. 31 at 1–2.)

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The parties also have stipulated to dismissal of plaintiff United States’ second claim for relief

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without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (Doc. No. 32 at 2.)

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In light of the parties’ stipulation and good cause having been shown, judgment is hereby
entered on the United States’ first claim for relief as follows:
Judgment is entered against Edgard Couri, and for the United States in the amount of
$826,059.37, for the unpaid federal tax liabilities for tax years 2002, 2004, 2005, 2006, 2007,
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2010, 2011, 2012, and 2013, as of May 17, 2017, plus statutory interest and other statutory

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additions as provided by law, which continue to accrue until the liabilities are paid in full,

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pursuant to 28 U.S.C. § 1961(c) and 26 U.S.C. §§ 6601, 6621, and 6622.

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The United States has valid statutory liens for the unpaid federal tax liabilities for tax

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years 2002, 2004, 2005, 2006, 2007, 2010, 2011, 2012, and 2013 that arose pursuant to 26 U.S.C.

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§§ 6321 and 6322, which attached to all property and rights to property belonging to Mr. Couri,

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including but not limited to, the real property commonly known as 2709 Pecangrove Drive,

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Bakersfield, California 93311.

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In light of the parties’ second stipulation, the United States’ second claim for relief is
dismissed without prejudice pursuant to Rule 41(a)(1)(A)(ii).
Each party agrees to bear their own respective costs and expenses, including any

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attorneys’ fees.

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IT IS SO ORDERED.

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Dated:

September 27, 2017
UNITED STATES DISTRICT JUDGE

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