Charles Schwab & Co., Inc v. Jerri Curry et al

Filing 101

STIPULATION and ORDER granting Jerri Curry authority to act as signator for the limited purpose of filing decedent's final income tax returns and related expenses from funds held in court registry signed by Judge Garland E. Burrell, Jr on 2/8/08. (Holland, K)

Charles Schwab & Co., Inc v. Jerri Curry et al

Doc. 101

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Barbara E. Scramstad, California Bar No. 160036 Maureen M. Bryan, California Bar No. 185093 Amy G. Miller, California Bar No. 215539 SCRAMSTAD & BRYAN, P.C. 2860 Howe Road, Suite 101 Martinez, CA 94553 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant Jerri Curry

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

CHARLES SCHWAB & CO., INC., a corporation, Plaintiff,

Case No. CIV S-06-02905 FCD GGH STIPULATION AND ORDER GRANTING JERRI CURRY AUTHORITY TO ACT AS SIGNATOR FOR THE LIMITED PURPOSE OF FILING DECEDENT'S FINAL INCOME TAX RETURNS AND RELATED EXPENSES F R O M FUNDS HELD IN COURT REGISTRY

13 14 vs. 15 16 17 18 19 20 21 22 JERRI CURRY, 23 Counterclaimant, 24 vs. 25 26 27 28 CHARLES SCHWAB & CO., INC., a corporation, Counterdefendant. _____________________________________/ JERRI CURRY, JANICE M. HAMMOND, WANDA JOYCE TAKARA, BOB DURRIE, JEANNE WAGAMAN, TRACY NELSON, SARAH NELSON, DANIEL CAMACHO, CHAD CAMACHO, OPHIR-BEAR MOUNTAIN LODGE #33, and DOES 1- 10. Defendants. _____________________________________/

Date of Hearing: Time: Courtroom: Judge:

February 11, 2008 9:00 a.m. 10 Hon. Garland E. Burrell Jr.

STIPULATION AND ORDER GRANTING JERRI CURRY AUTHORITY TO ACT AS SIGNATOR FOR LIMITED PURPOSE OF FILING DECEDENT'S TAX RETURNS Case No. CIV S-06-02905 FCD GGH 1
Dockets.Justia.com

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Subject to the approval of this Court, the parties hereby stipulate to the following: 1. Jerri Curry shall be granted authority to act as signator for the limited purpose of filing

the final federal and state income tax returns of Virginia C. Durrie, deceased. 2. The parties recognize that the granting of such authority is necessary for the preservation

of the estate as there is no pending probate action regarding Decedent's estate and thus no person has been appointed personal representative of the estate. Further, there are currently conflicting claims over the disposition of the estate assets, and such claims are the subject of this action before the Court. As there is no person clearly designated with the authority to act on behalf of Decedent's estate the parties thus agree to authorize Jerri Curry to act for this limited purpose as set forth herein. 3. The parties further stipulate that the Estate of Virginia C. Currie shall be liable for all

such taxes, penalties, interest or other obligations arising from the filing or audit of the final state and federal income tax returns of Virginia C. Currie, and Jerri Curry shall be relieved of all personal liability for any such taxes, penalties, interest or other obligations. 4. The Clerk of the Court should withdraw from the Court's registry (Durrie's Account

funds) the following amounts : Amount $4,689.00 $1,172.25 Payee Internal Revenue Service Internal Revenue Service Purpose Decedent's 2006 federal income tax return 2006 estimated penalties and interest for late filing tax returns. $1,790.00 $ 446.50 Franchise Tax Board Franchise Tax Board Decedent's 2006 state income tax return 2006 estimated penalties and interest for late filing tax returns. $ 301.00 H & R Block Preparation fee for Decedent's 2006 federal and state income tax returns. 5. The amounts set forth in paragraph 4, above, are predicated upon the Internal Revenue

Service and the Franchise Tax Board receiving the checks no later than February 22, 2008. 6. Jerri Curry is hereby directed to provide the Decedent's final income tax returns and

STIPULATION AND ORDER GRANTING JERRI CURRY AUTHORITY TO ACT AS SIGNATOR FOR LIMITED PURPOSE OF FILING DECEDENT'S TAX RETURNS Case No. CIV S-06-02905 FCD GGH 2

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preparation fee statement, in their respective addressed and stamped envelopes, to the Clerk of the Court. The Clerk of the Court shall than place the checks, payable as stated above in paragraph 4, into their respective envelopes and mail them. IT IS SO STIPULATED: DATED:_______________ _______________________________________ Maureen M. Bryan, Attorney for Jerri Curry DATED:_______________ _______________________________________ Geoffrey O. Evers, Attorney for Ophir-Bear Mountain Lodge #33 _______________________________________ Deborah Durr Ferras, Attorney for Wanda Joyce Takara _______________________________________ Rodney A. Mariani, attorney for Janice Hammond _______________________________________ Jeffrey Nelson, attorney-in-fact for Jeanne Wagaman

8 9 10 11 12 DATED:_______________ 13 14 DATED:_______________ 15 16 17 APPROVED AND SO ORDERED: 18 19 20 21 22 23 24 25 26 27 28 Dated: February 8, 2008 DATED:_______________

_________________________________ Hon. Garland E. Burrell, Jr. United States District Judge

STIPULATION AND ORDER GRANTING JERRI CURRY AUTHORITY TO ACT AS SIGNATOR FOR LIMITED PURPOSE OF FILING DECEDENT'S TAX RETURNS Case No. CIV S-06-02905 FCD GGH 3