Sehr v. United States of America et al

Filing 13

ORDER EXTENDING STAY OF CASE TO OCTOBER 9, 2014. Signed by Judge Vince Chhabria on 8/26/2014. (knm, COURT STAFF) (Filed on 8/26/2014)

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GLYNN & FINLEY, LLP
CLEMENT L. GLYNN (Bar No. 57117)
JONATHAN A. ELDREDGE (Bar No. 238559)
One Walnut Creek Center
100 Pringle Avenue, Suite 500
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
Robert J. Sehr, Jr., as successor trustee of the
Weller Trust

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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)
ROBERT J. SEHR, JR. as successor trustee )
of the WELLER TRUST,
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Plaintiff,
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vs.
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BRYAN WELLER, an individual; UNITED )
STATES OF AMERICA; STATE OF
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CALIFORNIA EMPLOYMENT
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DEVELOPMENT DEPARTMENT; ALL
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PERSONS UNKNOWN CLAIMING ANY )
INTEREST IN THE PROPERTY, and
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DOES 1 through 50, inclusive,
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Defendants.
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)

Case No. CV 14-02100 VC
STATUS REPORT

Per the Court’s June 11, 2014 order (Docket No. 11), Plaintiff writes to update the Court

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on the status of the underlying partition action for the residential property. On August 5, 2014,

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the parties appeared in the Superior Court for the County of Contra Costa on the Report of Sale

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by Referee and Motion to Confirm Sale of Real Property. By order issued August 6, 2014, the

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Superior Court confirmed the sale of the residential property to defendant Bryan Weller. Escrow

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is set to close on September 4, 2014. All liens on the residential property, including the federal

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tax liens at issue in this partition action, should be paid out of the escrow proceeds. Once those

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federal tax liens are paid, defendant the United State of America will be dismissed from this case,

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which should result in the remand of this case to the Superior Court.
-1STATUS REPORT

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At the suggestion of the United States of America, Plaintiff requests that this case be

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stayed an additional 30 days (from September 9, 2014 to October 9, 2014) and the status

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conference (currently set for September 16, 2014) be vacated. This should give enough time for

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the escrow to close, the federal tax liens to be paid off and Plaintiff dismissing the United States

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of America from this case. Plaintiff’s counsel contacted all defense counsel in this case and

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received no objection to this request for an extension of the stay.
Dated: August 25, 2014
GLYNN & FINLEY, LLP
CLEMENT L. GLYNN
JONATHAN A. ELDREDGE

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By /s/Jonathan A. Eldredge
Attorneys for Plaintiff
Robert J. Sehr, Jr., as successor trustee
of the Weller Trust

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S
Date: August 26, 2014

UNIT
ED

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IT IS S

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-2STATUS REPORT