United States of America v. Atherton et al

Filing 17

STIPULATION AND ORDER signed by Judge John A. Mendez on 4/23/2015 APPROVING 16 Stipulation and Proposed Order; ORDERING the parties to conduct a Rule 26(f) conference and file a joint status report by 9/30/2015; ORDERING the Athertons, U.S. Bank, N.A., and Nationstar Mortgage LLC to respond to the 1 Complaint by 8/31/2015. (Michel, G.)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 Case No. 2:15-cv-00469-JAM-KJN UNITED STATES OF AMERICA, 9 10 11 12 13 14 15 16 17 Plaintiff, v. STEPHEN ROY ATHERTON; DIANNA LYNN ATHERTON; STEPHEN ROY ATHERTON, as the Trustee of the STEPHEN ROY ATHERTON TRUST; STEPHEN R. ATHERTON and DIANNA L. ATHERTON, as Trustees of the STEPHEN ROY and DIANNA LYNN ATHERTON TRUST; BANK OF AMERICA, N.A.; RETAILERS CREDIT ASSOCIATION OF GRASS VALLEY; STATE OF CALIFORNIA, EMPLOYMENT DEVELOPMENT DEPARTMENT; U.S. BANK, N.A.; and NATIONSTAR MORTGAGE LLC; ORDER APPROVING STIPULATED MOTION TO CONTINUE DEADLINES FOR RULE 26(f) CONFERENCE AND FILING JOINT STATUS REPORT, AND TO EXTEND DEADLINES FOR U.S. BANK N.A., NATIONSTAR MORTGAGE LLC, STEPHEN ROY ATHERTON AND DIANNA LYNN ATHERTON TO RESPOND TO THE COMPLAINT Defendants. 18 19 Plaintiff, the United States of America, along with defendants Stephen Roy Atherton and 20 Dianna Lynn Atherton, both individually and as the Trustees of the Stephen Roy and Dianna 21 Lynn Atherton Trust, Stephen Roy Atherton as Trustee of the Stephen Roy Atherton Trust 22 (collectively “the Athertons”) and Defendants Nationstar Mortgage LLC (“Nationstar”) and U.S. 23 Bank National Association, as Trustee for Lehman XS Trust Mortgage Pass Through 1 1 Certificates, Series 2006-14n W/A/T/A U.S. Bank, National Association, as Trustee for the 2 Holders of the LXS 2006-14n Trust Fund (“U.S. Bank”)(collectively “Defendants”), have jointly 3 filed a Stipulation and Joint Motion to Continue the deadlines for the parties’ Rule 26(f) 4 conference and for filing a joint status report to September 30, 2015 and to extend the deadlines 5 for the Athertons, U.S. Bank and Nationstar to respond to the Complaint to August 31, 2015. The 6 Stipulation and Joint Motion provides that the Athertons have entered into a listing agreement to 7 privately sell the Subject Property at issue in this action in order to fully satisfy the outstanding 8 federal tax liabilities asserted by the United States, and to fully satisfy any outstanding balances 9 or obligations owed to U.S. Bank as the beneficiary of the Deed of Trust secured by the Subject 10 Property. 11 Pursuant to the stipulation between the parties, IT IS HEREBY ORDERED: 12 (1) 13 14 15 16 The stipulation between the United States, the Athertons, Nationstar, and U.S. Bank is hereby approved and the Joint Motion is hereby GRANTED; (2) The deadline for the parties to conduct a Rule 26(f) conference and file a joint status report is continued to September 30, 2015; AND (3) The Athertons, U.S. Bank and Nationstar shall have until August 31, 2015 to 17 respond to the Complaint in this action 18 IT IS SO ORDERED. 19 DATED this 23rd day of April, 2015. 20 21 /s/ John A. Mendez________________________ UNITED STATES DISTRICT COURT JUDGE 22 23 2

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