Gray v. United States America

Filing 45

Order by Hon. Samuel Conti granting 44 Stipulation.(sclc1, COURT STAFF) (Filed on 3/26/2012)

Case3:11-cv-00680-SC Document44 Filed03/23/12 Page1 of 3

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MELINDA HAAG (CABN 132612)
United States Attorney
THOMAS MOORE (ASBN 4305-O78T)
Assistant United States Attorney
Chief, Tax Division
CYNTHIA STIER (DCBN 423256)
Assistant United States Attorney
11th Floor Federal Building
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102
Telephone: [phone]

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Attorneys for the United States of America

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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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STEVEN A. GRAY,

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Plaintiff,

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v.

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UNITED STATES OF AMERICA,

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Defendant.
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UNITED STATES OF AMERICA,
Counter-claimant,
v.
MANUEL MARTINEZ and STEVEN
A. GRAY,

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Counter-defendants.
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Case No. CV 11-0680 SC
STIPULATION FOR DISMISSAL AND
[PROPOSED] ORDER

IT IS HEREBY STIPULATED AND AGREED AND RESPECTFULLY REQUESTED

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by and between the Plaintiff, Steven A. Gray, and Defendant, United States of America, as

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reflected by the signatures of their respective counsel as set forth below:

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1. That Plaintiff, Steven A. Gray and the United States have entered into a settlement on
March 23, 2012.

Case3:11-cv-00680-SC Document44 Filed03/23/12 Page2 of 3

2.

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The settlement is between Plaintiff, Steven A. Gray and the United States of

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America, and does not constitute a settlement of the federal tax liability of Manuel Martinez,

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Counter-defendant, which was reduced to judgment. See Docket Entry No. 22, entered

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September 13, 2011.

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2. That the parties request a period of thirty days to consummate all settlement terms.

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3. That this action, including the counterclaim filed by the United States, be dismissed

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with prejudice, provided however, that if either party notifies this Court on or before April 23,

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2012, that the settlement has not been consummated, then this order shall stand vacated and this

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case shall forthwith be restored to the calender and a case management conference scheduled.

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4. That the Court retain jurisdiction over this matter for the purpose of enforcing the

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terms of the settlement, including entry of judgment, if necessary. See Kokonen v. Guardian

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Life Ins. of America, 511 U.S. 375 (1994).
5. The parties agree to bear their respective costs, including any possible attorneys’ fees

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or other expenses of this litigation.

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IT IS SO STIPULATED:
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MELINDA HAAG
United States Attorney

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Dated: 3/23/12 :

/s/
CYNTHIA STIER
Assistant U.S. Attorney
Attorneys for the United States of America
Tax Division

Dated: 3/23/12 :

/s/
ANDREA D. McGARY
Counsel for Plaintiff, Steven A. Gray

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//

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//

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//

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Gray v. US
Case Nos. CV 11-0680-SC
Stip. Of Dismissal and [proposed]
Order

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Case3:11-cv-00680-SC Document44 Filed03/23/12 Page3 of 3

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ORDER

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Upon the stipulation of Plaintiff, Steven A. Gray, and Defendant, United States of

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America, and pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, it is HEREBY

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ORDERED, ADJUDGED and DECREED that this action is hereby dismissed with prejudice,

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provided however, that if either party notifies this Court on or before April 23, 2012, that the

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settlement has not been consummated, then this order shall stand vacated and this case shall

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forthwith be restored to the calender and a case management conference scheduled.

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IT IS FURTHER ORDERED that this Court retains jurisdiction over this matter for the

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purpose of enforcing the terms of the settlement, including entry of judgment, if necessary. See

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Kokonen v. Guardian Life Ins. of America, 511 U.S. 375 (1994).

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day of

March

California.

UNIT
ED

H

ER

LI

Judge S

RT

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onti

amuel C

NO

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Gray v. US
Case Nos. CV 11-0680-SC
Stip. Of Dismissal and [proposed]
Order

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FO

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O

IT IS S

R NIA

SAMUEL CONTI
United States District ERED
ORD Judge

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RT
U
O

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, 2012, at San Francisco,

S DISTRICT
TE
C
TA

A

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ORDERED this

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N

F
D IS T IC T O
R

C