United States of America v. Mohamed et al

Filing 55

ORDER TO SET ASIDE DEFAULT AND DEFAULT JUDMGENT AND QUASH SERVICE re 54 Stipulation filed by United States of America, Case reopened.. Signed by Judge Charles R. Breyer on 7/24/07. (be, COURT STAFF) (Filed on 7/24/2007)

United States of America v. Mohamed et al

Doc. 55

Case 3:06-cv-04578-CRB

Document 55

Filed 07/24/2007

Page 1 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14

SCOTT SCHOOLS (SCBN 9990) United States Attorney JAY R. WEILL (CSBN 75434) Assistant United States Attorney Chief, Tax Division CYNTHIA STIER (DCBN 423256) Assistant United States Attorney 9th Floor Federal Building 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] Attorneys for United States of America IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES OF AMERICA, Plaintiff, v. YAHYA A. MOHAMED et al., ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. C-06-04578-CRB STIPULATION RE: MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT AND QUASH SERVICE AND [PROPOSED] ORDER

15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Defendants.

This matter came before the Court for hearing on the Motion by Defendants Kalifa Yahya Mohamed, Khaled Mohamed, Saleh Yahya Mohamed and Ramzey Mohamed to Set Aside Default and Amended Default Judgment entered against them and to Quash Service of Process upon them. Pursuant to the Stipulation by the parties in open court, the parties agree, subject to the Court's approval, as follows: 1. This is an action by the United States to foreclose its federal tax lien on real property located at 933 Mandela Way a/k/a Cypress Street, Oakland, California ("Mandela Property") and 1334 Peralta Street, Oakland, California ("Peralta Property") and for a personal judgment against Defendants Yahya A. Mohamed and Dahaiba S.Mohamed a/k/a Dahaba S. Mohamed An Amended Default Judgment was entered against Defendants Yahya A.

Dockets.Justia.com

Case 3:06-cv-04578-CRB

Document 55

Filed 07/24/2007

Page 2 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. 7. 6. 5. 4. 3.

Mohamed, Dahaiba S.Mohamed a/k/a Dahaba S. Mohamed, Kalifa Yahya Mohamed, Saleh Yahya Mohamed, Khaled Mohamed and Ramzey Mohamed. Defendants Kalifa Yahya Mohamed, Saleh Yahya Mohamed, Khaled Mohamed and Ramzey Mohamed have moved to set aside the default and amended default judgments entered against them and to quash service of process. Defendants, Kalifa Yahya Mohamed and Saleh Mohamed, are minors. Because these defendants are minors, Default Judgment against them is vacated pursuant to Rule 55(b)(2) of the Fed.R.Civ. P. The resultant Amended Default Judgment entered against Defendants Kalifa Yahya Mohamed and Saleh Mohamed is void pursuant to Rule 60(b)(4). Defendants Ramzey Mohamed and Khaled Mohamed cannot be served within the State of California, or will not voluntarily appear, and therefore personal jurisdiction over these Defendants cannot be obtained with reasonable efforts by service of a summons in accordance with Rule 4 of the Fed.R.Civ.P. The Amended Default Judgment entered against these Defendants is void pursuant to Rule 60(b)(4). The parties stipulate and agree that the Motion to Quash Service of Process is moot because the judgment is void pursuant to Rule 60(b)(4). The parties stipulate to the entry of an Order pursuant to 28 U.S.C. §1655, directing Defendants, Kalifa Yahya Mohamed, Saleh Yahya Mohamed, Khaled Mohamed and Ramzey Mohamed, and any and all other parties claiming an interest in the Mandela Property and/or the Peralta Property to appear or plead by a day certain. The parties agree that personal service is not practicable upon these four defendants, Kalifa Yahya Mohamed, Saleh Yahya Mohamed, Khaled Mohamed and Ramzey Mohamed, and therefore the Order referred to in paragraph 7 above shall be published in Alameda County, California, the county where the Peralta
Stipulation Re: Motion to Set Aside Default a n d Default Judgment and Quash Service and [Proposed] Order, Case No. C-06-04578-CRB

2

Case 3:06-cv-04578-CRB

Document 55

Filed 07/24/2007

Page 3 of 4

1 2 3 4 5

Property and the Mandela Property are located. Such publication shall allow these Defendants and any other party claiming an interest in the Peralta Property and/or the Mandela Property to satisfy their claims therefore. Publication should be made in a newspaper of general circulation in Alameda County, California. IT IS SO STIPULATED:

6 7 8 9 10 11 12 13 WONG & ASSOCIATES 14 DATED: June 23, 2007 15 16 // 17 // 18 19 20 21 22 23 24 25 26 27 28
Stipulation Re: Motion to Set Aside Default a n d Default Judgment and Quash Service and [Proposed] Order, Case No. C-06-04578-CRB

SCOTT SCHOOLS United States Attorney

DATED: June 23, 2007

/s/ Cynthia Stier CYNTHIA L.STIER Assistant United States Attorney Attorney for the United States of America

/s/ Travis Reynolds TRAVIS REYNOLDS Attorney for Defendants [phone]

3

Case 3:06-cv-04578-CRB

Document 55

Filed 07/24/2007

Page 4 of 4

1 ORDER 2 PURSUANT TO THE FOREGOING STIPULATION, IT IS SO ORDERED: 3 1. 4 Mohamed, Khaled Mohamed and Ramzey Mohamed is set aside pursuant to Rule 5 60(b)(4) of the Fed.R.Civ.P. 6 2. 7 is moot. 8 3. 9 and Ramzey Mohamed have shown that personal jurisdiction over them cannot be 10 obtained with reasonable efforts in this district in a manner authorized by Rule 4 11 of the Fed.R.Civ.P. Therefore, pursuant to Rule 4(n) of the Fed.R.Civ.P., this 12 Court asserts jurisdiction over the two parcels of real property at issue in this 13 action, located at 933 Mandela Way a/k/a Cypress Street, Oakland, California 14 ("Mandela Property") and 1334 Peralta Street, Oakland, California ("Peralta 15 Property"). 16 4. 17 in the county where the Peralta Property and Mandela Property are located. Such 18 publication shall allow the parties claiming an interest in the Peralta Property and 19 the Mandela Property to satisfy their claims therefore. Publication should be 20 made for six consecutive weeks in a newspaper of general circulation in Alameda 21 County, California, the area in which Peralta Property and the Mandela Property 22 are located. 23 24 25 26 27 28
Stipulation Re: Motion to Set Aside Default a n d Default Judgment and Quash Service and [Proposed] Order, Case No. C-06-04578-CRB

The default and default judgment against Kalifa Yahya Mohamed, Saleh Yahya

Pursuant to the Stipulation of the parties, the Motion to Quash Service of Process

Defendants Kalifa Yahya Mohamed, Saleh Yahya Mohamed, Khaled Mohamed

Pursuant to 28 U.S.C. §1655, the United States shall publish notice of the lawsuit

UNIT ED

HONORABLE CHARLES R. BREYER UNITED STATES DISTRICT JUDGE

S

Dated: July 24, 2007

S DISTRICT TE _________________________C_____ _ TA

4

ER

N

F D IS T IC T O R

A

C

LI

FO

harle Judge C

s R. Bre

yer

R NIA

OO IT IS S

RDERE

D

RT U O

NO

RT

H