United States of America v. Lee et al

Filing 43

STIPULATION AND ORDER TO VACATE HEARING ON MOTION FOR SUMMARY JUDGMENT AND REQUEST TO SCHEDULE STATUS CONFERENCE. Motion hearing vacated and Status Conference set for 1/22/2010 at 01:30 PM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Joseph C. Spero on 12/9/9. (klh, COURT STAFF) (Filed on 12/9/2009)

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JOSEPH RUSSONIELLO (CSBN 44332) United States Attorney THOMAS MOORE (ASBN 4305-O78T) 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 the 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. RICHARD D. LEE, et al., ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. C 08-2595 JCS STIPULATION TO VACATE HEARING ON MOTION FOR SUMMARY JUDGMENT AND REQUEST TO SCHEDULE STATUS CONFERENCE

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

Date: January 22, 2010 Time: 1:30 p.m. Place: 15th Floor, Courtroom A

Plaintiff, United States of America and Defendant, Richard Lee (hereinafter, "Lee"), hereby stipulate and agree, subject to the Court's approval, that the hearing on the Motion for Summary Judgment, currently scheduled for January 22, 2010, be vacated and a status conference be scheduled in its place on January 22, 2010, at 1:30 p.m. As grounds for this request, the United States and Lee submit the following: 1. 2. The United States and Defendant Richard Lee have entered into a settlement. Richard Lee and the Franchise Tax Board have an installment agreement to pay

the State tax liability. However, in order to carry out the terms of the settlement with the United States, Richard Lee must negotiate with the State of California, Franchise Tax Board, for

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subordination of their tax lien. 3. Counsel for Richard Lee has been in discussions with the State of California and

anticipates a resolution in the near future.

Respectfully submitted, JOSEPH RUSSONIELLO United States Attorney Dated: December 8, 2009 : /s/ Cynthia Stier CYNTHIA STIER Assistant U.S. Attorney Attorneys for the United States of America

9 10 11 12 13 14 15 16 17 Dated: December 8, 2009 :

/s/ David Porter DAVID PORTER Wood & Porter, P.C. 333 Sacramento Street San Francisco, CA 94111 Attorney for Richard Lee ORDER

18 For good cause shown, the hearing on the Motion for Summary Judgment, currently 19 scheduled for January 22, 2010, at 1:30 p.m. is vacated and a status conference is scheduled on 20 January 22, 2010 at 1:30 p.m. The parties are directed to file a case management statement by 21 January 15, 2010. In addition, the Court orders: 22 23 24 25 26 27 28
US v. Lee, C a s e No. C 08-2595 JCS S t i p . To Vacate Hrg. on M o t . f o r Summary Judgment and Request for Status Conference

9th December SO ORDERED this _____ day of ___________, 2009.
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December 9, 2009 Dated:_________________

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THE HONORABLE JOSEPH C. SPERO UNITED STATES MAGISTRATE JUDGE
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