Gonzalez v. United States of America

Filing 28

ORDER DISMISSING CASE. Signed by Judge Charles R. Breyer on 3/18/2011. (beS, COURT STAFF) (Filed on 3/18/2011)

Gonzalez v. United States of America

Doc. 28

Case3:10-cv-01387-CRB Document27

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Baker & McKenzie LLP 660 Hansen Way Palo Alto, CA 94304 [phone]

Scott H. Frewing, State Bar No. 191311 Katherine T. Sakoda, State Bar No. 264839 BAKER & McKENZIE LLP 660 Hansen Way Palo Alto, CA 94304-1044 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Plaintiff NIDIA A. GONZALEZ Melinda Haag, CABN 132612 United States Attorney Thomas Moore ASBN 4305-078T Chief, Tax Division Blake D. Stamm, CTBN 301887 Assistant United States Attorney 10th Floor Federal Building 450 Golden Gate Avenue, Box 36055 San Francisco, CA 94102 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant UNITED STATES OF AMERICA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION NIDIA A. GONZALEZ, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. Case No. C-10-1387 CRB STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL

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Case No. C-10-1387 CRB STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL

Dockets.Justia.com

Case3:10-cv-01387-CRB Document27

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Baker & McKenzie LLP 660 Hansen Way Palo Alto, CA 94304 [phone]

WHEREAS, Plaintiff Nidia Gonzalez filed a complaint on April 5, 2010 alleging wrongful levy. WHEREAS, the parties are interested in resolving the issues alleged in the complaint in this action, and have negotiated in good faith for that purpose; and WHEREAS, the parties in the above-captioned action wish to discontinue the litigation; IT IS HEREBY STIPULATED AND AGREED by and between the parties and/or their respective counsel as follows: 1. The United States agrees the levy imposed by the Internal Revenue Service on

Plaintiff Nidia Gonzalez's wages will be limited to a maximum of $400.00 per month. 2. The parties hereby agree that the above-captioned action is dismissed and

discontinued with prejudice pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. 3. 4. Each party shall bear its own costs and attorneys' fees. Nothing in this Stipulation of Settlement shall be construed as an admission or

concession of liability whatsoever by either party regarding any of the allegations made in the Complaint. 5. This Stipulation of Settlement and any Order entered thereon shall have no

precedential value or effect whatsoever and shall not be admissible in any other action or proceeding as evidence or for any other purpose except in an action or proceeding to enforce this Stipulation of Settlement or in a proceeding in which Plaintiff Nidia Gonazlez seeks contribution from parties other than the United States for the amounts collected from her via levy by the Internal Revenue Service. /// /// /// /// /// /// /// /// 2
Case No. C-10-1387 CRB STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL

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This Stipulation of Settlement embodies the entire agreement of the partiesin this

Dated: March 17, 2011 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Dated: March 17, 2011

BAKER & McKENZIE LLP

By: /s/ Scott H. Frewing Scott H. Frewing Attorneys for Plaintiff NIDIA A. GONZALEZ MELINDA HAAG United States Attorney

By: /s/ Blake D. Stamm Blake D. Stamm Assistant United States Attorney Tax Division

Pursuant to the Settlement Stipulation of the parties, the above-captioned action shall be dismissed, with prejudice. IT IS SO ORDERED.

UNIT ED

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Baker & McKenzie LLP 660 Hansen Way Palo Alto, CA 94304 [phone]

Dated: March 18, 2011

CHARLES R. BREYER UNITED STATES DISTRICT JUDGE

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Case No. C-10-1387 CRB STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL

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