United States of America v. Wanland

Filing 108

ORDER signed by Magistrate Judge Kendall J. Newman on 8/31/17: The United States shall file a response to defendant's declaration filed at 99 no later than September 14, 2017. (Kaminski, H)

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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. 2:13-cv-2343-KJM-KJN PS

Plaintiff,
v.

ORDER

DONALD M. WANLAND, JR.,

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Defendant.

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On August 29, 2017, the district judge granted defendant’s motion for relief under Rule

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60(b)(1), reopened the case, vacated her order adopting the undersigned’s findings and

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recommendations, and remanded the proceedings on summary judgment to the undersigned for

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reconsideration in light of defendant’s declaration filed at ECF No. 99. (ECF No. 106.)

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Before consideration of the declaration with respect to summary judgment proceedings,

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the court finds it appropriate to provide the United States with an opportunity to respond to that

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declaration. The United States shall file a response to defendant’s declaration filed at ECF No. 99

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no later than September 14, 2017. The response shall specifically address whether, in light of the

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declaration, the entry of summary judgment with respect to the tax years 1996-1998 remains

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appropriate.

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Thereafter, the matter will be submitted for decision on the record and written briefing. If
the court subsequently determines that oral argument or supplemental briefing is necessary, the
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parties will be notified.
IT IS SO ORDERED.
Dated: August 31, 2017

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