United States Of America v. Rio Grower, Inc. et al

Filing 49

STIPULATION AND ORDER OF DISMISSAL. Signed by Judge Thelton E. Henderson on 04/11/2013. (tmi, COURT STAFF) (Filed on 4/11/2013)

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MELINDA HAAG (CABN 132612)
United States Attorney
THOMAS MOORE (ALBN 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]
Fax:
[phone]
Attorneys for 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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UNITED STATES OF AMERICA,

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Plaintiff,
v.
RIO GROWER, INC., et al.,

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Defendants.

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Case No. cv 11-4369-TEH
STIPULATION FOR DISMISSAL
AND [PROPOSED] ORDER

IT IS HEREBY STIPULATED AND AGREED AND RESPECTFULLY REQUESTED

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by and between the Plaintiff, United States of America, and Defendants, Guadalupe Salazar,

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Jennifer Dominguez, Jose Antonio Salazar, State of California Franchise Tax Board, State of

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California Employment Development Department, State of California Department of Industrial

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Relations, Trust Company of America and M. Lewis, Inc., as reflected by the signatures of their

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respective counsel as set forth below:

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1.

The United States filed this action seeking a judgment against Rio Growers and

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Guadalupe Salazar for federal taxes and to foreclose its tax lien and judgment lien against real

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property nominally titled in the names of Jennifer Dominquez and Jose Antonia Salazar.

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2.

The United States named the remaining defendants, State of California Franchise

Tax Board , State of California Employment Development Department, State of California
US v. Rio Growers, et al.,
Case No. 11-4369-TEH
Stip. Of Dismissal and [proposed]
Order

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Department of Industrial Relations, Trust Company of America and M. Lewis, Inc., as

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defendants as they had encumbrances against the real property at issue in the foreclosure action.

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3.

The Internal Revenue Service has fully collected the tax liability at issue in this

lawsuit by administrative levy.
4.

That this action be dismissed without prejudice pursuant to Rule 41(a)(2) with

leave to reinstate this case on or before October 30, 2013.

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MELINDA HAAG
United States Attorney

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

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/s/ David Kirsch
DAVID KIRSCH
Attorney for Jennifer Dominquez,
Guadalupe Salazar and Jose Salazar

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/s/ Karen Yiu
KAREN YIU
State of California Franchise Tax Board, and
EDD

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/s/ Sally Williams
SALLY WILLIAMS
Attorney for M. Lewis, Inc.

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ORDER

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Upon the stipulation of the parties, this action is dismissed without prejudice pursuant to
Rule 41(a)(2) with leave to reinstate this case on or before October 30, 2013.

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April

day of

, 2013, at San Francisco,
S

California.

ISTRIC
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Gray v. US
Case No. CV 11-0680 SC
Stip. Of Dismissal and [proposed]

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FO

NO

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so

. Hender

helton E

Judge T

R NIA

THELTON HENDERSON
United States District Judge
n

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A

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ORDERED this 11th

UNIT
ED

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F
D IS T IC T O
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