Clear Recon Corp. v. 806 Linwood Street, Vacaville, CA 95688

Filing 19

STIPULATION and ORDER signed by District Judge George H. Wu on 04/20/17 ORDERING that Kelkris' Judgment lien has priority over the U.S' tax liens; Kelkris is entitled to $3,717.07 of the deposited interpleaded funds; the U.S. is entit led to the remainder of the deposited interpleaded funds in the amount of $14,031.67; The Clerk of the Court for the Superior Court of California, County of Solano, is authorized and directed to draw checks on the funds deposited in the registry of the court in the principal amount $17,748.74, payable to Kelkris in the amount of $3,717.07, made payable to Kelkris Associates, Inc. DBA Credit Bureau Associates and shall bear the notation Rossi; and to the U.S. in the amount of $14,031.67 made payable to Department of Justice" and shall bear the notation CMN 2017100324. This case is DIMISSED with prejudice (cc: Financial, Solano County Superior Court). CASE CLOSED (Benson, A)

TERM CASE
1

DAVID A. HUBBERT
Acting Assistant Attorney General

2
3
4
5
6
7

JONATHAN M. HAUCK
YEN JEANNETTE TRAN
Trial Attorneys, Tax Division
U.S. Department of Justice
P.O. Box 683
Washington, D.C. 20044
202-616-3173 (v) (Hauck)
202-616-3366 (v) (Tran)
202-307-0054 (f)
[e-mail]
[e-mail]

8
9
10

Of Counsel:
PHILLIP A. TALBERT
Acting United States Attorney, Eastern District of California
Attorneys for the United States of America

11

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA

12
13
14
15
16
17
18
19
20
21
22
23
24

CLEAR RECON CORP.,

)
)
Petitioner,
)
)
v.
)
)
ALL CLAIMANTS TO SURPLUS FUNDS
)
AFTER A TRUSTEE’S SALE OF THE
)
REAL PROPERTY LOCATED AT 806
)
LINWOOD STREET, VACAVILLE,
)
CA 95688,
)
)
Respondent.
)
_______________________________________)

Case No. 2:16-cv-02879-GHW
Removed from Superior Court of
California County of Solano
Case No. FCM152402
ORDER FOR DISTRIBUTION OF
INTERPLEADED FUNDS AND
DISMISSAL

Pursuant to the Stipulation Re: Distribution of Interpleaded Funds and Dismissal
(“Stipulation”) filed on April 20, 2017 (Dkt. # 18) submitted by the United States of America
(“United States”), Kelkris Associates, Inc. DBA Credit Bureau Associates (“Kelkris”), and Clear
Recon Corp. (“Clear Recon”), and for good cause shown, IT IS HEREBY ORDERED, that:
1.

Kelkris’ Judgment lien has priority over the United States’ tax liens.

25
1

1

2.

Kelkris is entitled to $3,717.07 of the deposited interpleaded funds.

2

3.

The United States is entitled to the remainder of the deposited interpleaded funds

3
4

in the amount of $14,031.67.
4.

The Clerk of the Court for the Superior Court of California, County of Solano, is

5

hereby authorized and directed to draw checks on the funds deposited in the registry of the court

6

in the principal amount $17,748.74, payable to the following payees and mail or deliver the

7

checks to the payees at the following addresses:

8

a.

To Kelkris in the amount of $3,717.07. The check shall be made payable

9

to “Kelkris Associates, Inc. DBA Credit Bureau Associates” and mailed to:
Stephen N. Murphy
Murphy Law Group
622 Jackson St.
Fairfield, CA 94533

10
11
12

The check shall bear the notation Rossi.
13
b.

To the United States in the amount of $14,031.67. The check shall be

14
made payable to “Department of Justice” and mailed to:
15
Tax FLU, Office of Review
U.S. Dept. of Justice Tax Division
P.O. Box 310
Ben Franklin Station
Washington, D.C. 20044-0310

16
17
18

The check shall bear a notation for CMN 2017100324.
19
5.

This order resolves all claims in this case.

6.

This case is dismissed with prejudice.

20
21
IT IS SO ORDERED.
22
DATED this 20th day of April, 2017.
23
24
GEORGE H. WU, U.S. DISTRICT JUDGE

25
2