Phillips v. United States of America

Filing 15

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 7/28/2015 DISMISSING 1 Petition to Quash Summonses. CASE CLOSED. (Donati, J)

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CAROLINE D. CIRAOLO
Acting Assistant Attorney General

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HENRY C. DARMSTADTER
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]
E-mail:
[e-mail]

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Of Counsel
BENJAMIN B. WAGNER
United States Attorney
Attorneys for the United States of America

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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JEFFERY L. PHILLIPS,
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Petitioner,
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v.
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UNITED STATES OF AMERICA,

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Respondent.

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)
) Civil No. 2:14-MC-00138-KJM-AC
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) Civil No. 2:14-MC-00139-KJM-AC
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) Civil No. 2:14-MC-00140-KJM-AC
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) Civil No. 2:14-MC-00149-KJM-AC
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) STIPULATION FOR DISMISSAL
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) Fed.R.Civ.P. 41(a)
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IT IS HEREBY STIPULATED AND AGREED between Petitioner Jeffery L. Phillips and

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Respondent United States of America, by and through undersigned counsel, in light of the information

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provided by the summoned parties, the United States deems the summonses in compliance. In accordance

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with Rule 41(a) of the Federal Rules of Civil Procedure, that the four above-captioned Petitions to Quash

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Internal Revenue Service Summonses shall be dismissed with prejudice, the parties to bear their respective

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costs, including any possible attorneys’ fees or other expenses of litigation.

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///

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Respectfully submitted,

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CAROLINE D. CIRAOLO
Acting Assistant Attorney General

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DATED: July 28, 2015

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/s/Henry C. Darmstadter
HENRY C. DARMSTADTER
Trial Attorney, Tax Division
U.S. Department of Justice
P.O. Box 683 Ben Franklin Station
Washington, D.C. 20044-0683
[phone]

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Of Counsel
BENJAMIN B. WAGNER
United States Attorney
Attorneys for the United States

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WAGNER KIRKMAN
BLAINE KLOMPARENS &
YOUMANS

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DATED: July 28, 2015
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/s/Irina Rospotnyuk
IRINA ROSPOTNYUK
10640 Mather Blvd., Suite 200
Mather, California 95655
[phone]
Attorneys for Petitioner

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GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the four above-captioned Petitions to
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Quash Internal Revenue Service Summonses shall be dismissed with prejudice, the parties to bear their
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respective costs, including any possible attorneys’ fees or other expenses of litigation.
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DATED: July 28, 2015.
________________/S/__________________
ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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2:14-mc-00138 KJM-AC