United States of America v. Edwards, et al.

Filing 45

Order continuing status conference, signed by Magistrate Judge Sheila K. Oberto on 10/19/2018. ( Status Conference currently set for 10/25/2018 has been CONTINUED to 1/30/2019 at 10:15 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto )(Rosales, O)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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UNITED STATES OF AMERICA,

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Case No. 1:17-CV-01105-AWI-SKO
Plaintiff, ORDER CONTINUING STATUS
CONFERENCE

v.
(Doc. 44.)

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DAVID J. EDWARDS, et al.,
Defendants.

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On June 29, 2018, the Court entered an order of sale with respect to the property that is the

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subject of the lawsuit (the “Subject Property”). (Doc. 34.) On October 18, 2018, Plaintiff filed a

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status report informing the Court that Defendant David J. Edwards had passed away and indicating

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that it intended to file a motion to substitute the Executrix of Defendant Edward’s Estate for

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Defendant Edwards. (Doc. 44 at 2. See also Doc. 43 (“Statement Noting the Death of Defendant

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David J. Edwards”).)

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The status report also indicated that the Estate communicated to Plaintiff that it would like to

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attempt to sell the Subject Property through a private sale and that Plaintiff believed it could reach

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Order (Case No. 1:17-CV-01105-AWI-SKO)

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an agreement with the Estate within the next 30 days regarding the terms under which private sale

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would occur. (Doc. 44 at 2.) According to Plaintiff, if an agreement is reached with the Estate

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regarding the terms under which a private sale would occur, Plaintiff will file a motion to stay the

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Court’s order of sale to allow the Estate to attempt to sell the Subject Property through a private

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sale. (Id. at 2–3.) Alternatively, if an agreement is not reached, or if Plaintiff’s motion to stay the

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order of sale is not granted, it will proceed with the judicial sale. (Id.) If the Subject Property is

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sold by the Estate’s realtor, Plaintiff will move for entry of a money judgment against the Estate

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for any unpaid portion of Defendant Edwards’ federal tax liabilities. It will also move to vacate

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the order of sale. (Id. at 3.)

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In view of the foregoing, the Court hereby CONTINUES the telephonic Status Conference

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set for October 25, 2018, to January 30, 2019, at 10:15 AM before Magistrate Judge Sheila K.

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Oberto. The Court further ORDERS that by no later than January 23, 2019, Plaintiff shall file a

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status report apprising the Court of the status of this case and, in particular, the sale of the Subject

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Property.

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IT IS SO ORDERED.
Dated:

October 19, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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Order (Case No. 1:17-CV-01105-AWI-SKO)

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