United States of America v. Huckaby et al

Filing 44

ORDER signed by District Judge Morrison C. England, Jr on 3/29/18 GRANTING Motion for entry of final judgment and for dismissal of outstanding claims 42 . Any outstanding claims against Defendant Gregory Hunt regarding the United States' Third Claim for Relief (Setting Aside Fraudulent Transfers) as set forth in the Court's order dated 3/30/16 are hereby DISMISSED. The Court directs the Clerk of Court to enter final judgment in favor of the United States and (1) against Defendant R obert Huckaby in the amount of $ 35,719.36 plus statutory interest and other additions running from 6/15/15, for his failure to honor IRS levies pursuant to 26 U.S.C. § 6332(d)(1); (2) against Defendant Robert Huckaby in the additional a mount of $17,859.68, including statutory interest and other additions running from 6/15/15, for failure to honor said levy without reasonable cause pursuant to 26 U.S.C. § 6332(d)(2);(3) against Defendant Robert Huckaby in the amount of & #036; 35,719.36 plus statutory interest and other additions running from 6/15/15, for fraudulently transferring assets belonging to Defendant Action pursuant to California Civil Code § 3439.04 as alleged in the Third Claim for Relief; and (4) against Defendant Robert Huckaby and Defendant Gregory Hunt for tortious conversion of assets belonging to Defendant Action Construction Co. in the amount of $35,719.36 plus statutory interest and other additions running from 6/15/15, as alleged in the Fourth Claim for Relief. The Clerk of Court is hereby directed to enter an Amended Judgment in accordance with this Order that supersedes the original Judgment filed in this matter on 3/30/16. (Mena-Sanchez, L)

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DAVID A. HUBBERT
Acting Assistant Attorney General

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NITHYA SENRA, CA SBN 291803
Trial Attorney, Tax Division
U.S. Department of Justice
P.O. Box 683, Ben Franklin Station
Washington, D.C. 20044-0683
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for the United States of America
PHILLIP A. TALBERT
Acting United States Attorney
Of Counsel
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
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Plaintiff,
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v.
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ROBERT HUCKABY, individually and in his )
capacity as the Trustee of Texas Tea Trust;
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GREGORY L. HUNT; and ACTION
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CONSTRUCTION CO.,
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Defendants.
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_______________________________________)

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Case No. 2:13-cv-02158-MCE-EFB
ORDER GRANTING UNITED
STATES’ MOTION FOR ENTRY OF
FINAL JUDGMENT AND FOR
DISMISSAL OF OUTSTANDING
CLAIMS
Date:
Time:
Place:
Judge:

November 2, 2017
2:00 pm
Courtroom 7
Hon. Morrison C. England, Jr.

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Before the Court is the United States’ Motion for Entry of Final Judgment and for

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Dismissal of Outstanding Claims (ECF No. 42). The court, having reviewed the pleadings on

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file herein and being fully apprised of the circumstances, and for good cause shown therein,

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hereby GRANTS said motion.1 Accordingly it is hereby ORDERED that:

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(A) Pursuant to Fed. R. Civ. P. 41(a)(2) any outstanding claims against Defendant

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Gregory Hunt regarding the United States’ Third Claim for Relief (Setting Aside Fraudulent

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Transfers) as set forth in the Court’s order dated March 30, 2016 are hereby DISMISSED; and

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(B) the Court directs the Clerk of Court to enter final judgment in favor of the United

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States and (1) against Defendant Robert Huckaby in the amount of $ 35,719.36 plus statutory

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interest and other additions running from June 15, 2015, for his failure to honor IRS levies

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pursuant to 26 U.S.C. § 6332(d)(1); (2) against Defendant Robert Huckaby in the additional

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amount of $17,859.68, including statutory interest and other additions running from June 15,

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2015, for failure to honor said levy without reasonable cause pursuant to 26 U.S.C. § 6332(d)(2);

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(3) against Defendant Robert Huckaby in the amount of $ 35,719.36 plus statutory interest and

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other additions running from June 15, 2015, for fraudulently transferring assets belonging to

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Defendant Action pursuant to California Civil Code § 3439.04 as alleged in the Third Claim for

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Relief; and (4) against Defendant Robert Huckaby and Defendant Gregory Hunt for tortious

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conversion of assets belonging to Defendant Action Construction Co. in the amount of $

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35,719.36 plus statutory interest and other additions running from June 15, 2015, as alleged in

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the Fourth Claim for Relief.

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In the absence of any opposition, and good cause appearing, the Court determined that oral argument was
not of material assistance and ordered this matter submitted on the briefs in accordance with Local Rule 230(g).

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The Clerk of Court is hereby directed to enter an Amended Judgment in accordance with
this Order that supersedes the original Judgment filed in this matter on March 30, 2016.
IT IS SO ORDERED.
Dated: March 29, 2018

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