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).

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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: (408) 971-4359 4 Facsimile: (408) 971-4357 5 6 7 Attorneys for Plaintiff Douglas R. Caraway 8 9 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN FRANCISCO DIVISION 14 UNITED STATES OF AMERICA, 15 16 17 Plaintiff, v. DOUGLAS CARAWAY, et al., 18 Defendants. 19 20 21 22 ) ) ) ) ) ) ) ) ) ) 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, ^ (the "Subject Property") California, pursuant to the terms of the Amended Stipulation for Authorization for Private Sale, and the ^ Order signed by the Court on April 26, 2017, the public auction scheduled for May 17, 2017, as 23 24 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 26 The IRS, the State of Calfornia Employment Development Department (EDD) and Fremont ^ 27 Bank have confirmed that they have received payment of their liens from escrow. Although the escrow 28 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 -1- 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. 3 Nevertheless, the FTB has joined in the above-referenced status report, requesting that the Court release the sums 4 currently held by the Clerk of Court. 5 6 7 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 ^ 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 11 Office, 450 Golden Gate Ave, Box 36055, San Francisco, CA 94102-3495. The balance of $14,498.59 12 is ordered to be released to Douglas Caraway c/o the Deckard Law Firm. 96 N. Third Street, Ste. 350, , 13 San Jose, CA 95112. 14 15 17 Dated: May____,2017 16 17 By:____________________________ Honorable Maxine Chesney 18 19 20 21 22 23 24 25 26 27 28 ORDER CANCELLING PUBLIC SALE OF PROPERTY; DIRECTIONS RE: RELEASE OF SUMS HELD BY COURT Case No.: C-08-04371-MMC -2-

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