United States of America v. Atherton et al
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.)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
Case No. 2:15-cv-00469-JAM-KJN
UNITED STATES OF AMERICA,
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,
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
Plaintiff, the United States of America, along with defendants Stephen Roy Atherton and
Dianna Lynn Atherton, both individually and as the Trustees of the Stephen Roy and Dianna
Lynn Atherton Trust, Stephen Roy Atherton as Trustee of the Stephen Roy Atherton Trust
(collectively “the Athertons”) and Defendants Nationstar Mortgage LLC (“Nationstar”) and U.S.
Bank National Association, as Trustee for Lehman XS Trust Mortgage Pass Through
Certificates, Series 2006-14n W/A/T/A U.S. Bank, National Association, as Trustee for the
Holders of the LXS 2006-14n Trust Fund (“U.S. Bank”)(collectively “Defendants”), have jointly
filed a Stipulation and Joint Motion to Continue the deadlines for the parties’ Rule 26(f)
conference and for filing a joint status report to September 30, 2015 and to extend the deadlines
for the Athertons, U.S. Bank and Nationstar to respond to the Complaint to August 31, 2015. The
Stipulation and Joint Motion provides that the Athertons have entered into a listing agreement to
privately sell the Subject Property at issue in this action in order to fully satisfy the outstanding
federal tax liabilities asserted by the United States, and to fully satisfy any outstanding balances
or obligations owed to U.S. Bank as the beneficiary of the Deed of Trust secured by the Subject
Pursuant to the stipulation between the parties, IT IS HEREBY ORDERED:
The stipulation between the United States, the Athertons, Nationstar, and U.S.
Bank is hereby approved and the Joint Motion is hereby GRANTED;
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
The Athertons, U.S. Bank and Nationstar shall have until August 31, 2015 to
respond to the Complaint in this action
IT IS SO ORDERED.
DATED this 23rd day of April, 2015.
/s/ John A. Mendez________________________
UNITED STATES DISTRICT COURT JUDGE
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