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

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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.

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MELISSA A. HILL;
ZENITH GROUP;
TOWN OF PARADISE; and
BUTTE COUNTY TREASURER,

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Defendants.

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Defendant, the Town of Paradise, and Plaintiff, the United States of America, have

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jointly filed a Stipulation regarding the Town of Paradise’s interest in the real property

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at issue in this action by virtue of the Notice of Lien recorded on November 28, 2016, in

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Butte County, California, and the priority of the lien in this action. The Stipulation

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further provides that the Town of Paradise should be excused from further

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Order Approving
Stipulation re: Lien Priority
(Between USA & Town of Paradise)

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participation in this action and that the Town of Paradise agrees to be bound by the

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judgment in this case.

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Pursuant to the Stipulation between the parties, IT IS HEREBY ORDERED:

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(1)

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hereby approved;

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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;

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(3)

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The United States and the Town of Paradise shall each bear their own

(4)

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The Town of Paradise is excused from further participation in this action

costs;

and is accordingly dismissed as a Defendant.
IT IS SO ORDERED.

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Dated: May 3, 2017

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Order Approving
Stipulation re: Lien Priority
(Between USA & Town of Paradise)

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Respectfully submitted by:

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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.:
[phone]
Fax:
[phone]
[e-mail]
[e-mail]
Of Counsel:
PHILLIP A. TALBERT
United States Attorney
Counsel for Plaintiff, United States of
America

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Order Approving
Stipulation re: Lien Priority
(Between USA & Town of Paradise)

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/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.: [phone] ext. 118
[e-mail]
Counsel for Defendant, Town of Paradise