United States of America v. Leopold-Cobb et al

Filing 55

ORDER Granting 54 Stipulation to Continue Case Management Conference. Signed by Judge Jeffrey S. White on December 10, 2008. (jswlc1, COURT STAFF) (Filed on 12/10/2008)

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Case 3:07-cv-00210-JSW Document 54 Filed 12/10/2008 Page 1 of 4 1 2 3 4 5 6 7 JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney THOMAS MOORE (ASBN 4305-O78T) Assistant United States Attorney Chief, Tax Division DAVID L. DENIER (CSBN 95024) Assistant United States Attorney 9th Floor Federal Building 450 Golden Gate Avenue, Box 36055 San Francisco, CA 94102 Telephone: (415) 436-6888 Fax: (415) 436-6748 Attorneys for the United States of America 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 v. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On May 6, 2008, the Court filed its Order (1) Denying Leopold-Cobb's Motion for Summary Judgment and (2) Granting Plaintiff's Cross-Motion for Summary Judgment. On July 11, 2008, the parties requested that the case be referred to a United States Magistrate Judge for a Settlement Conference. On September 23, 2008, the Court referred the case to Magistrate Judge Maria-Elena James for a Settlement Conference. At that time, the case was set for a further case management conference on December 12, 2008 at 1:30 p.m. A Settlement Conference was held on November 4, 2008. David L. Denier appeared for the government. Jeffrey H. Lowenthal appeared on behalf of defendant EMC Mortgage Corp. Glen L. Moss appeared on behalf of defendant Dorothy J. Leopold-Cobb. No other parties DOROTHY J. LEOPOLD-COBB, HERBERT LEOPOLD, PAULETTE E. BASS, DIANA HASKIN aka DIANA HASKIN-BASS, ROYCE L. WALKER, WAUSAU MORTGAGE CORPORATION, ALAMEDA COUNTY TAX COLLECTOR, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) NO. C-07-0210-JSW STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE DATE: TIME: DECEMBER 12, 2008 1:30 P.M. Case 3:07-cv-00210-JSW Document 54 Filed 12/10/2008 Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 appeared. After approximately an hour and a half, the parties agreed that meaningful settlement negotiations required an updated appraisal of the fair market value of the real property subject to foreclosure, the property located at 22632 Northview Drive, Hayward, California. The government agreed to request that the IRS obtain an updated appraisal of the real property. By letter dated November 4, 2008, government counsel made such a request. The Settlement Conference was then continued to January 16, 2009 at 10:00 a.m. The parties stipulate and agree that this Case Management Conference be vacated and rescheduled for February 6, 2009, at 1:30 p.m. JOSEPH P. RUSSONIELLO United States Attorney Dated: December 10, 2008 /s/ David L. Denier DAVID L. DENIER Assistant United States Attorney /s/ Glen L. Moss GLEN L. MOSS Attorney for Defendant Dorothy J. Leopold-Cobb /s/ Brian Kreft BRIAN KREFT Attorney for EMC Mortgage Corp. RICHARD E. WINNIE County Counsel County of Alameda Dated: December 10, 2008 /s/ Claude F. Kolm CLAUDE F. KOLM Deputy County Counsel Attorneys for Alameda County Tax Collector Dated: December 10, 2008 14 15 16 Dated: December 10, 2008 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation & Order Cont. CM C ( C -0 7 -0 2 1 0 -J S W ) 2 Case 3:07-cv-00210-JSW Document 54 Filed 12/10/2008 Page 3 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 Stipulation & Order Cont. CM C ( C -0 7 -0 2 1 0 -J S W ) ORDER Pursuant to the stipulation of the parties and for good cause shown, it is hereby ordered that the Case Management Conference set for December 12, 2008 is vacated and rescheduled for February 6, 2009, at 1:30 p.m. 10 ORDERED this _______ day of December, 2008. _____________________________ JEFFREY S. WHITE United States District Judge 3 Case 3:07-cv-00210-JSW Document 54 Filed 12/10/2008 Page 4 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 Paulette E. Bass, Pro Se 23066 Maud Avenue Hayward, CA 94541 I, KATHY TAT declare: CERTIFICATE OF SERVICE That I am a citizen of the United States of America and employed in San Francisco County, California; that my business address is Office of United States Attorney, 450 Golden Gate Avenue, Box 36055, San Francisco, California 94102; that I am over the age of eighteen years, and am not a party to the above-entitled action. I am employed by the United States Attorney for the Northern District of California and discretion to be competent to serve papers. The undersigned further certifies that I caused a copy of the following: STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE to be served this date upon the party(ies) in this action by placing a true copy thereof in a sealed envelope, and served as follows: _X___ FIRST CLASS MAIL by placing such envelope(s) with postage thereon fully prepaid in the designated area for outgoing U.S. mail in accordance with this office's practice. ____ ____ PERSONAL SERVICE (BY MESSENGER/HAND DELIVERED) FACSIMILE (FAX) No.: to the parties addressed as follows: Diana Bass, Pro Se 330 Helena Court Oakley, CA 94561 Lisa M. Quan Gonsalves & Kozachenko Attorney at Law 1133 Auburn St. Fremont, CA 94538 Royce L. Walker, in pro se 3218 Jamie Way Hayward, CA 9454 I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed on December 10, 2008 at San Francisco, California. /s/ Kathy Tat KATHY TAT Legal Assistant

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