Bank of America v. United States of America

Filing 5

STIPULATION AND ORDER TO DISMISS CASE re 4 Stipulation filed by Bank of America. Signed by Judge Edward M. Chen on 7/16/09. (bpfS, COURT STAFF) (Filed on 7/16/2009)

Case3:09-cv-01887-EMC Document4

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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney THOMAS MOORE (ASBN 4305-O78T) Assistant United States Attorney Chief, Tax Division BLAKE D. STAMM (CTBN 301887) Assistant United States Attorney 9th Floor Federal Building 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] Fax: [phone] Attorneys for the United States of America

8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 13 Plaintiff, 14 v. 15 UNITED STATES OF AMERICA, 16 Defendant. 17 18 19 20 21 22 23 24 25 26 27 28 BANK OF AMERICA, a National Banking Association, ) ) ) ) ) ) ) ) ) ) ) No. C-09-01887-EMC

STIPULATION AND PROPOSED ORDER

This Stipulation is made to be effective as of July 1, 2009 between plaintiff Bank of America ("plaintiff") and defendant United States of America, through its agency the Internal Revenue Service ("defendant"), as follows: 1. In accordance with the provisions of 18 U.S.C. Section 636(c), the parties consent

to have a United States Magistrate Judge conduct any and all further proceedings in this case, including trial, and entry of a final judgment, and voluntarily waive the right to proceed before a United States District Judge. 2. It is hereby stipulated by and between plaintiff and defendant, through their

respective counsel, that plaintiff's interest in the subject real property in the amount of $1,483,846.38 is prior and superior to the interests of defendant. ///

Case3:09-cv-01887-EMC Document4

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It is further stipulated that this matter be dismissed, each party to bear its

own costs and attorneys' fees. JOSEPH P. RUSSONIELLO United States Attorney /s/ William E. Robinson WILLIAM E. ROBINSON. Attorney for Plaintiff /s/ Blake D. Stamm BLAKE D. STAMM Assistant United States Attorney Tax Division Attorneys for Defendant

PURSUANT TO STIPULATION, IT IS SO ORDERED. 9 10 Dated: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Stip and Proposed Order ( N o . C-09-01887-EM C )

July 16, 2009

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THE HONORABLE EDWARD M. CHEN UNITED STATES MAGISTRATE JUDGE

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