United States of America v. Barker et al

Filing 34

STIPULATION and ORDER 31 regarding interest in real property signed by Judge John A. Mendez on 8/18/2015. This 31 Stipulation between United States and Canyon Oaks Property Owners Association, Inc. is hereby APPROVED. If United States succeeds in obtaining from Court an Order of Foreclosure and Judicial Sale of real property at issue in action, it shall submit to a Proposed Order of Sale consistent with Stipulation. The United States and Canyon Oaks shall each bear their own costs. (Marciel, M)

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CAROLINE D. CIRAOLO
Acting Assistant Attorney General

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G. PATRICK JENNINGS
CHRISTIAN MEJIA
Trial Attorneys, Tax Division
U.S. Department of Justice
P.O. Box 683
Ben Franklin Station
Washington, D.C. 20044-0683
Telephone: [phone]
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]

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Benjamin B. Wagner
United States Attorney
Eastern District of California
Of Counsel

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IN THE UNITED STATES DISTRICT COURT FOR THE
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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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RANDY KENT BARKER, CARL HANS,
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NEWPORT CAPITAL RECOVERY
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GROUP II, BUILDERS SUPPY,
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CANYON OAKS PROPERTY
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OWNERS ASSOCIATION, INC., and
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BUTTE COUNTY TREASURER,
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Defendants.
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___________________________________)

Case No. 2:15-cv-00062 JAM DAD
ORDER APPROVING STIPULATION
BETWEEN THE UNITED STATES OF
AMERICA AND CANYON OAKS
PROPERTY OWNERS
ASSOCIATION, INC.

Plaintiff, the United States of America (“United States”), and defendant Canyon

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Oaks Property Owners Association, Inc. (“Canyon Oaks”), have jointly filed a Stipulation

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regarding Canyon Oaks’ interest in the real property at issue in this action. The

PROPOSED ORDER

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Stipulation provides that the United States’ federal tax liens have priority over the lien

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recorded by Canyon Oaks.
Pursuant to the Stipulation between the parties, IT IS HEREBY ORDERED:

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(1)

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The Stipulation between the United States and Canyon Oaks

Property Owners Association, Inc. is hereby approved;
(2)

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If the United States succeeds in obtaining from the Court an Order

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of Foreclosure and Judicial Sale of the real property at issue in this action, it shall

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submit to the Court a proposed order of sale consistent with the Stipulation; and
(3)

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The United States and Canyon Oaks shall each bear their own

costs.

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IT IS SO ORDERED.

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DATED this 18th day of August, 2015
/s/ John A. Mendez_____________________
UNITED STATES DISTRICT COURT JUDGE

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PROPOSED ORDER

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