United States of America v. The Estate of Cipriano Espinor et al

Filing 17

ORDER signed by Chief Judge Morrison C. England, Jr on 7/25/14 ORDERING that the United States' MOTION to Serve by Publication and For an Extension of Time 4 is GRANTED; IT IS FURTHER ORDERED that, pursuant to FRCP 4(m) the United States sha ll have an additional 90 days to serve Defendant John S. Espinor from 6/27/14 until 9/25/2014. IT IS FURTHER ORDERED The United States shall serve Defendant John S. Espinor by publication. Plaintiff is hereby ORDERED to serve Defendant John S. Espinor, in English, by publication in the Tahoe Daily Tribune, as prescribed by California Code of Civil Procedure §415.50(b), (c) and California Government Code § 6064, on or before 9/25/14.(Mena-Sanchez, L)

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TAMARA W. ASHFORD
Acting Assistant Attorney General

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RICHARD A. SCHWARTZ (CA Bar No. 267469)
Trial Attorney, Tax Division
U.S. Department of Justice
P.O. Box 683
Ben Franklin Station
Washington, D.C. 20044
Telephone: [phone]

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Of Counsel
BENJAMIN B. WAGNER
United States Attorney
Attorneys for the United States of America
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
Plaintiff,

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v.
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THE ESTATE OF CIPRIANO ESPINOR;
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MICHAEL C. ESPINOR, in his individual
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capacity and in his capacity as Co-Executor of )
the ESTATE OF CIPRIANO ESPINOR and as )
Trustee of the ESPINOR FAMILY TRUST;
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TONI HICKS, in her individual capacity and )
in her capacity as Co-Executor of the ESTATE )
OF CIPRIANO ESPINOR and as Trustee of
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the ESPINOR FAMILY TRUST; MARTHA )
ESPINOR; JOHN S. ESPINOR; RICHARD S. )
ESPINOR; PAULINE DIBATTISTA; S&P
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SHEET METAL, LLC; and WELLS FARGO )
BANK, N.A.,
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Defendants.
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_______________________________________)

Case No. 2:14-cv-00578-MCE-AC
ORDER GRANTING MOTION FOR
EXTENSION AND TO SERVE BY
PUBLICATION
Date: July 24, 2014
Time: 2:00 p.m.
Judge: Morrison C. England
Place: Courtroom 7, 14th floor

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Upon consideration of the United States’ unopposed Motion to Serve By Publication and
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For an Extension of Time, and for good cause having been shown therein,
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IT IS HEREBY ORDERED that the United States’ Motion to Serve by Publication and

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For an Extension of Time (ECF No. 4) is reasonable under the circumstances and is hereby

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GRANTED.1

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IT IS FURTHER ORDERED that, pursuant to Fed. R. Civ. P. 4(m) the United States

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shall have an additional 90 days to serve Defendant John S. Espinor from June 27, 2014 until

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September 25, 2014.

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IT IS FURTHER ORDERED The United States shall serve Defendant John S. Espinor by

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publication. Plaintiff is hereby ORDERED to serve Defendant John S. Espinor, in English, by

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publication in the Tahoe Daily Tribune, as prescribed by California Code of Civil Procedure §

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415.50(b), (c) and California Government Code § 6064, on or before September 25, 2014. Such

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service by publication in the Tahoe Daily Tribune shall take place once a week for four

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consecutive weeks, on the same day each week. If an address for John S. Espinor is ascertained

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before expiration of the time prescribed for publication of the summons, a copy of the summons,

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the complaint, and the order for publication shall be mailed forthwith to that address.

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Dated: July 25, 2014

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Because oral argument was not of material assistance, the Court ordered this matter submitted on the
briefs. E.D. Local Rule 230(g)

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