United States of America v. Barker et al

Filing 49

STIPULATION AND ORDER signed by District Judge John A. Mendez on 02/17/16 ORDERING that Canyon Oaks need not respond to any discovery served in this matter and is excused from further participation in the pretrial and trial, unless and until the Court orders otherwise. (Benson, A)

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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 EFB
STIPULATION BETWEEN THE
UNITED STATES OF AMERICA AND
CANYON OAKS PROPERTY
OWNERS ASSOCIATION, INC.,
REQUEST FOR ORDER EXCUSING
FURTHER PARTICIPATION, and
ORDER

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

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Oaks Property Owners Association, Inc. (“Canyon Oaks”), stipulate and agree as

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follows, and request an order excusing Canyon Oaks from further participation in the
litigation.
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(1) The United States filed this action to reduce assessments to judgment

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against the primary defendant, Randy Barker, and to enforce the federal tax

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lien against property held in the name of Mr. Barker and located at 3357

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Summit Ridge Terrace, Chico, CA (the “Subject Property”), among other

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claims.

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(2) Canyon Oaks was named as a defendant solely because it has an interest in

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the Subject Property. Specifically, on February 21, 2014, Canyon Oaks

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recorded a lien against Mr. Barker securing the payment of delinquent

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homeowner association fees, penalties, and interest then totaling $1,604.74

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and pertaining to the Subject Property.
(3) The United States and Canyon Oaks have stipulated that the United States’

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federal tax liens have priority over the lien recorded by Canyon Oaks.

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(4) The parties estimate that the claim of the United States is likely to exceed

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the value of the Subject Property.
(5) Mr. Barker is incarcerated and has served burdensome and frivolous

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discovery to Canyon Oaks. The discovery does not pertain to any issue

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actually in dispute in this case.

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(6) Canyon Oaks agrees to be bound by the final judgment in this case, and

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agrees to make reasonable efforts to respond to informal discovery requests

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which are made in good faith, but would like to be excused from further

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participation in the litigation. The United States and Canyon Oaks jointly

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request an order providing that Canyon Oaks need not respond to any

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discovery served in this matter and need not otherwise participate in the

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pretrial and trial, unless and until the Court orders otherwise.

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The parties so stipulate and agree.
CAROLINE D. CIRAOLO
Acting Assistant Attorney General

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Date: February 17, 2016

/s/ G. Patrick Jennings

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G. PATRICK JENNINGS

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Trial Attorney, Tax Division
U.S. Department of Justice

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Date: January 20, 2016
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/s/ Darren M. Bevan
DARREN M. BEVAN, ESQ.
BAYDALINE & JACOBSEN LLP
895 University Avenue
Sacramento, California 95825-6724

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Attorneys for Canyon Oaks Prop. Owners Assoc., Inc.
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Pursuant to the foregoing Stipulation between the parties,
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IT IS HEREBY ORDERED THAT:
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Canyon Oaks need not respond to any discovery served in this matter and is excused
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from further participation in the pretrial and trial, unless and until the Court orders
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otherwise.
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IT IS SO ORDERED.
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DATED this 17th day of February, 2016

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/s/ John A. Mendez_____________________
JOHN A. MENDEZ,
UNITED STATES DISTRICT COURT JUDGE

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