United States of America v. Caraway et al

Filing 260

ORDER CANCELLING PUBLIC SALE OF PROPERTY; DIRECTIONS RE. RELEASE OF SUMS HELD BY CLERK OF COURT. Signed by Judge Maxine M. Chesney on 05/17/17. (mmclc2, COURT STAFF) (Filed on 5/17/2017) (Additional attachment(s) added on 5/17/2017: # 1 Certificate/Proof of Service) (tlS, COURT STAFF).

1 THE DECKARD LAW FIRM
Diane C. Deckard, Esq. (SBN 99632)
2 Lynn R. Toma, Esq. (SBN 100384)
96 N. Third Street, Ste. 350
3 San Jose, CA 95112
Telephone: [phone]
4 Facsimile: [phone]
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7 Attorneys for Plaintiff
Douglas R. Caraway
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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UNITED STATES OF AMERICA,

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Plaintiff,
v.
DOUGLAS CARAWAY, et al.,

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Defendants.
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No. C-08-4371 MMC
(PROPOSED) ORDER CANCELLING PUBLIC SALE
OF PROPERTY; DIRECTIONS RE: RELEASE OF SUMS
HELD BY CLERK OF COURT

Ctrm: 7
Judge: Hon. Maxine Chesney

status report filed May 4, 2017, reporting that there has been a

Given the successful private sale of the real property located at 734 Neal Avenue, San Carlos,
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(the "Subject Property")

California, pursuant to the terms of the Amended Stipulation for Authorization for Private Sale, and the
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Order signed by the Court on April 26, 2017, the public auction scheduled for May 17, 2017, as
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authorized by this Court’s Judgment and Decree of Sale entered February 22, 2017, is no longer

25 necessary and is hereby cancelled.

In the above-referenced status report, the

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The IRS, the State of Calfornia Employment Development Department (EDD) and Fremont
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27 Bank have confirmed that they have received payment of their liens from escrow. Although the escrow
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officer informed that a payment check regarding the lien of the State of California Franchise Tax Board
ORDER CANCELLING PUBLIC SALE OF PROPERTY; DIRECTIONS RE: RELEASE OF SUMS HELD BY COURT
Case No.: C-08-04371-MMC
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1 (FTB) was mailed to the FTB, it has not been able to confirm receipt of payment as of May 4, 2017.
2 Given the tax filing season, it may take as long as two weeks for the FTB’s check to be posted.
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Nevertheless, the FTB has joined in the above-referenced status report, requesting that the Court release the sums

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Accordingly,

in forfeited funds paid by bidders at auctions of the Subject Property

Moreover, the Clerk of the Northern District of California, who is holding $20,000, is hereby
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8 ordered to release the sum of $5,501.41 to the IRS to cover the expenses incurred related to the prior
9 attempts to sell the subject property at public auction. The Clerk of Court is directed to pay the sum of
10 $5,501.41 to the Internal Revenue Service and send it to Cynthia Stier, AUSA, United States Attorney’s
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Office, 450 Golden Gate Ave, Box 36055, San Francisco, CA 94102-3495. The balance of $14,498.59

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is ordered to be released to Douglas Caraway c/o the Deckard Law Firm. 96 N. Third Street, Ste. 350,
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San Jose, CA 95112.

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Dated: May____,2017

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By:____________________________
Honorable Maxine Chesney

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ORDER CANCELLING PUBLIC SALE OF PROPERTY; DIRECTIONS RE: RELEASE OF SUMS HELD BY COURT
Case No.: C-08-04371-MMC
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