United States v. Carey et al
Filing
225
ORDER signed by Judge Morrison C. England, Jr on 9/1/11 PERMITTING buyer of Bella Vista Property to possess property pending confirmation of sale. (Donati, J)
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Presented by:
BENJAMIN B. WAGNER
United States Attorney
KARI D. LARSON
ADAM D. STRAIT
Trial Attorneys, Tax Division
U.S. Department of Justice
P.O. Box 683
Washington, D.C. 20044-0683
adam.d.strait@usdoj.gov
Telephone: (202) 307-2135
Facsimile: (202) 307-0054
Attorneys for the United States of America
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
Civil No. 2:05-cv-2176-MCE
ORDER PERMITTING BUYER OF
BELLA VISTA PROPERTY TO
POSSESS PROPERTY PENDING
CONFIRMATION OF SALE
MICHAEL CAREY, et al.,
Defendants.
Hearing date: September 6, 2011
Hearing time: 2:00 p.m.
Hearing place: 501 I Street, Sacramento, CA
Courtroom 7
decree of sale the Court previously entered in this case. The Court agrees. For the reasons given
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by the United States and for good cause shown, it is HEREBY ORDERED:
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States has moved for an order permitting Michael Hanley, the prospective purchaser of the real
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property located at 23658 Highway 299E, Bella Vista, California, 96008, to possess the property
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pending confirmation of the sale. The United States argues that permitting Hanley to possess the
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property until the Court rules on a motion to confirm the sale is reasonable and appropriate to
Order Permitting Buyer to Possess
Bella Vista Property Pending Confirmation
The United
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7209741.1
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enforce the United States’ federal tax liens on the property and to carry out the decree of sale the
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Court previously entered in this case. The Court agrees. For the reasons given by the United
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States and for good cause shown, it is HEREBY ORDERED
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(1)
If Michael Hanley remits to the United States a cashier’s check for $189,000,
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made out to this Court, he shall be entitled to immediately possess the real property at 23658
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Highway 299E, Bella Vista, California, 96008.
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(2)
Michael Hanley shall have such right to possess the real property until the Court
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rules on the motion the United States will file to confirm the sale of the property to Michael
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Hanley. He shall have the right to exclude persons from the real property to the extent provided
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by law; however, Michael Hanley shall not have the right to exclude any officer of the United
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States from the real property.
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(3)
Unless and until the sale is confirmed, Michael Hanley shall take all reasonable
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steps necessary to preserve the property (including all buildings, improvements, fixtures and
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appurtenances on the property) in its current condition. He shall neither commit waste against
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the property nor cause or permit anyone else to do so. He shall neither do anything that tends to
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reduce the value or marketability of the property nor cause or permit anyone else to do so.
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(4)
If the Court enters an order denying the United States’ motion to confirm the sale,
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Michael Hanley’s right to possess the real property shall terminate immediately. In that event,
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the United States shall promptly provide him notice of the sale by telephone communication or
Order Permitting Buyer to Possess
Bella Vista Property Pending Confirmation
Page 2 of 3
7209741.1
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otherwise, and Michael Hanley shall vacate and depart the property within 24 hours of receiving
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the notice.
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(5)
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Michael Hanley shall take possession as the prospective purchaser of the real
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property, and not as an agent of the United States or at the direction of the United States.
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Michael Hanley shall have no cause of action against the United States for any event arising
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from his taking possession of the real property.
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IT IS SO ORDERED.
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September 1, 2011
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c4d6b0d3
__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE
DEAC_Signat ure-END:
Order Permitting Buyer to Possess
Bella Vista Property Pending Confirmation
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7209741.1
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