United States of America v. Marquez et al

Filing 46

ORDER CONTINUING HEARING re 35 MOTION for Summary Judgment UNITED STATES NOTICE AND MOTION FOR PARTIAL SUMMARY JUDGMENT AND MEMORANDUM OF POINTS AND AUTHORITIES filed by United States of America. Signed by Judge Maria-Elena James on 11/10/2009. (mejlc1, COURT STAFF) (Filed on 11/10/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 v. 13 14 15 16 17 18 19 Defendants. 20 21 22 23 24 25 26 27 28 JESUS MARQUEZ, OLGA MARQUEZ, RAMON MARQUEZ, JUANITA MARQUEZ, TAQUERIA LOS PRIMOS, TAQUERIA LOS PRIMOS NO. 2, LUIS GALINDO, MARTHA GALINDO, BANK OF AMERICA, N.A., STATE OF CALIFORNIA FRANCHISE TAX BOARD, STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT, STATE OF CALIFORNIA BOARD OF EQUALIZATION, STATE OF CALIFORNIA DEPARTMENT OF LABOR, SAN MATEO COUNTY TAX COLLECTOR, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. C-08-0891-MEJ ORDER CONTINUING HEARING ON UNITED STATES' MOTION FOR PARTIAL SUMMARY JUDGMENT This matter came on for a hearing on the United States' Motion for Partial Summary Judgment on November 4, 2009. In supplemental briefing and at the hearing, defendants asserted their belief that the IRS may not have credited their accounts with all payments made with respect to the tax liabilities at issue. The Court agreed to allow the defendants until December 3, 2009, to produce evidence of payments which had not been credited against their tax liabilities. For the foregoing reasons, it is hereby ORDERED that the hearing on the United States' Motion for Partial Summary Judgment is continued to December 3, 2009, at 10:00 a.m. November 10, 2009 Dated: _________________ _______________________________ MARIA-ELENA JAMES

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