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
6
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: (415) 436-7000
7
Attorneys for the United States of America
1
2
3
4
5
8
9
UNITED STATES DISTRICT COURT
10
NORTHERN DISTRICT OF CALIFORNIA
11
SAN FRANCISCO DIVISION
12
STEVEN A. GRAY,
13
Plaintiff,
14
v.
15
UNITED STATES OF AMERICA,
16
Defendant.
17
18
19
20
21
UNITED STATES OF AMERICA,
Counter-claimant,
v.
MANUEL MARTINEZ and STEVEN
A. GRAY,
22
Counter-defendants.
23
24
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No. CV 11-0680 SC
STIPULATION FOR DISMISSAL AND
[PROPOSED] ORDER
IT IS HEREBY STIPULATED AND AGREED AND RESPECTFULLY REQUESTED
25
by and between the Plaintiff, Steven A. Gray, and Defendant, United States of America, as
26
reflected by the signatures of their respective counsel as set forth below:
27
28
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.
1
The settlement is between Plaintiff, Steven A. Gray and the United States of
2
America, and does not constitute a settlement of the federal tax liability of Manuel Martinez,
3
Counter-defendant, which was reduced to judgment. See Docket Entry No. 22, entered
4
September 13, 2011.
5
2. That the parties request a period of thirty days to consummate all settlement terms.
6
3. That this action, including the counterclaim filed by the United States, be dismissed
7
with prejudice, provided however, that if either party notifies this Court on or before April 23,
8
2012, that the settlement has not been consummated, then this order shall stand vacated and this
9
case shall forthwith be restored to the calender and a case management conference scheduled.
10
4. That the Court retain jurisdiction over this matter for the purpose of enforcing the
11
terms of the settlement, including entry of judgment, if necessary. See Kokonen v. Guardian
12
Life Ins. of America, 511 U.S. 375 (1994).
5. The parties agree to bear their respective costs, including any possible attorneys’ fees
13
14
or other expenses of this litigation.
15
IT IS SO STIPULATED:
16
MELINDA HAAG
United States Attorney
17
18
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
19
20
21
22
23
24
//
25
//
26
//
27
28
Gray v. US
Case Nos. CV 11-0680-SC
Stip. Of Dismissal and [proposed]
Order
2
Case3:11-cv-00680-SC Document44 Filed03/23/12 Page3 of 3
1
ORDER
2
3
Upon the stipulation of Plaintiff, Steven A. Gray, and Defendant, United States of
4
America, and pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, it is HEREBY
5
ORDERED, ADJUDGED and DECREED that this action is hereby dismissed with prejudice,
6
provided however, that if either party notifies this Court on or before April 23, 2012, that the
7
settlement has not been consummated, then this order shall stand vacated and this case shall
8
forthwith be restored to the calender and a case management conference scheduled.
9
IT IS FURTHER ORDERED that this Court retains jurisdiction over this matter for the
10
purpose of enforcing the terms of the settlement, including entry of judgment, if necessary. See
11
Kokonen v. Guardian Life Ins. of America, 511 U.S. 375 (1994).
12
26
day of
March
California.
UNIT
ED
H
ER
LI
Judge S
RT
19
20
onti
amuel C
NO
18
21
22
23
24
25
26
27
Gray v. US
Case Nos. CV 11-0680-SC
Stip. Of Dismissal and [proposed]
Order
3
FO
17
O
IT IS S
R NIA
SAMUEL CONTI
United States District ERED
ORD Judge
16
28
RT
U
O
15
, 2012, at San Francisco,
S DISTRICT
TE
C
TA
A
14
ORDERED this
S
13
N
F
D IS T IC T O
R
C
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?