United States of America v. Caraway et al

Filing 223

ORDER GRANTING MOTION TO REINSTATE JUDGMENT AND FOR DECREE OF SALE; VACATING HEARING. The hearing scheduled for March 3, 2017 is vacated. Signed by Judge Maxine M. Chesney on 02/22/17. (mmclc2, COURT STAFF) (Filed on 2/22/2017) (Additional attachment(s) added on 2/22/2017: # 1 Certificate/Proof of Service) (tlS, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
Plaintiff,

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v.

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DOUGLAS R. CARAWAY, et al.,
Defendants.

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United States District Court
Northern District of California

Case No. 08-cv-04371-MMC
ORDER GRANTING MOTION TO
REINSTATE JUDGMENT AND FOR
DECREE OF SALE; VACATING
HEARING
Re: Dkt. No. 217

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Before the Court is plaintiff United States of America’s (“United States”) “Motion to

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Reinstate Judgment and for Decree of Sale,” filed January 25, 2017. Defendant Douglas

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R. Caraway (“Caraway”) has filed opposition, to which the United States has responded.

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Having read and considered the papers filed in support and in opposition to the motion,

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the Court deems the matter appropriate for determination on the parties' respective

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written submissions, VACATES the hearing scheduled for March 3, 2017, and rules as

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follows.

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The sole dispute between the above-referenced parties concerns the means by

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which the subject property is to be sold. In particular, the United States seeks a public

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sale, whereas Caraway requests authority to sell the property privately, which, Caraway

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anticipates, will result in an earlier resolution of the matter.

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As the United States points out, however, even a private sale entails compliance

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with a number of procedural requirements, including published notice at the outset of the

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proceedings, appointment of “three disinterested persons” for purpose of an appraisal,

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and publication of the terms of any accepted offer. See 28 U.S.C. § 2001(b).

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Under the circumstances, the Court finds it preferable to proceed with a public sale

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and, accordingly, the United States’ motion is hereby GRANTED.

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IT IS SO ORDERED.

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Dated: February 22, 2017
MAXINE M. CHESNEY
United States District Judge

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United States District Court
Northern District of California

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