United States of America v. Hill et al

Filing 7

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 5/3/2017 ORDERING the stipulation between the United States and the Town of Paradise is APPROVED. If the United States succeeds in obtaining from the Court an Order of Forec losure and Judicial Sale of the real property at issue in this action, it shall submit to the Court a proposed order of sale consistent with the terms of that Stipulation. The United States and the Town of Paradise shall each bear their own costs. The Town of Paradise is EXCUSED from further participation in this action and is accordingly DISMISSED as a Defendant. (Zignago, K.)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 UNITED STATES OF AMERICA, Case No. 2:17-cv-00608-MCE-EFB Plaintiff, ORDER APPROVING STIPULATION TO LIEN PRIORITY BETWEEN THE UNITED STATES AND THE TOWN OF PARADISE v. 14 MELISSA A. HILL; ZENITH GROUP; TOWN OF PARADISE; and BUTTE COUNTY TREASURER, 15 Defendants. 13 16 17 Defendant, the Town of Paradise, and Plaintiff, the United States of America, have 18 jointly filed a Stipulation regarding the Town of Paradise’s interest in the real property 19 at issue in this action by virtue of the Notice of Lien recorded on November 28, 2016, in 20 Butte County, California, and the priority of the lien in this action. The Stipulation 21 further provides that the Town of Paradise should be excused from further 22 23 Order Approving Stipulation re: Lien Priority (Between USA & Town of Paradise) 1 1 participation in this action and that the Town of Paradise agrees to be bound by the 2 judgment in this case. 3 Pursuant to the Stipulation between the parties, IT IS HEREBY ORDERED: 4 (1) 5 6 hereby approved; 7 8 9 The Stipulation between the United States and the Town of Paradise is (2) If the United States succeeds in obtaining from the Court an Order of Foreclosure and Judicial Sale of the real property at issue in this action, it shall submit to the Court a proposed order of sale consistent with the terms of that Stipulation; 10 (3) 12 13 14 15 The United States and the Town of Paradise shall each bear their own (4) 11 The Town of Paradise is excused from further participation in this action costs; and is accordingly dismissed as a Defendant. IT IS SO ORDERED. 16 17 Dated: May 3, 2017 18 19 20 21 22 23 Order Approving Stipulation re: Lien Priority (Between USA & Town of Paradise) 2 1 2 3 4 5 6 7 8 Respectfully submitted by: 9 10 11 12 13 14 15 16 17 18 19 DAVID A. HUBBERT Acting Assistant Attorney General /s/ Mahana K. Weidler MAHANA K. WEIDLER Trial Attorney, Tax Division U.S. Department of Justice P.O. Box 683, Ben Franklin Station Washington, D.C. 20044-0683 Tel.: (202) 616-1955 Fax: (202) 307-0054 Mahana.K.Weidler@usdoj.gov Western.Taxcivil@usdoj.gov Of Counsel: PHILLIP A. TALBERT United States Attorney Counsel for Plaintiff, United States of America 20 21 22 23 Order Approving Stipulation re: Lien Priority (Between USA & Town of Paradise) 3 /s/ Dwight L. Moore (as authorized on 4/28/17) DWIGHT L. MOORE (SBN 62176) Town Attorney Town of Paradise 5555 Skyway Paradise, CA 95969-4931 Tel.: (530) 872-6291 ext. 118 DMoore@townofparadise.com Counsel for Defendant, Town of Paradise

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