Golden West Foreclosure Service, Inc vs 3066 Market Street

Filing 9

STIPULATION AND ORDER re 8 STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE. Case Management Statement due by 9/30/2014. Case Management Conference set for 10/7/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco. (CMC set for 8/5/2014 VACATED.) Signed by Judge William H. Orrick on 07/30/2014. (jmdS, COURT STAFF) (Filed on 7/30/2014)

MELINDA HAAG (CABN 132612)
1 United States Attorney
2 THOMAS MOORE (ALBN 4305-O78T)
Chief, Tax Division
3
THOMAS NEWMAN (NYBN 4256178)
4 Assistant United States Attorney
5
6
7

450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: [phone]
FAX: [phone]
[e-mail]

8 Attorneys for United States of America
9
UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11

SAN FRANCISCO DIVISION

12

GOLDEN WEST FORECLOSURE SERVICE, )
13 INC., a CALIFORNIA CORPORATION,
)
)
14
)
)
Plaintiff,
15
)
)
v.
16
)
3066 MARKET STREET, LL, et al.,
)
17
)
Defendants.
18
19

1.

STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE
Date: August 5, 2014
Time: 2:00 p.m.

The parties stipulate as follows:

20

Case No. C-14-2154-WHO

Defendant, the United States, removed this case from the Superior Court of California on

21 May 9, 2014. The case concerns surplus funds received by the plaintiff as a result of a trustee’s sale of
22 real property. Competing claims to the surplus funds were received by plaintiff. As result, plaintiff filed
23 a Complaint in Interpleader in the Superior Court and deposited funds in the amount of $208,117.38
24 with the Clerk of the Superior Court.
25

2.

Although the United States received and removed this case, it has not been served and an

26 Answer to the Complaint is not yet due.
27

3.

Aside from the United States (IRS), the complaint also names as parties several other

28 creditors that may claim an interest to the funds that have been interplead and are the subject of this
STIPULATION
C-14-2154-WHO

1

1 case.
2

4.

Currently, there is a case management conference scheduled for August 5, 2014. The

3 parties, through the undersigned counsel agree to continue the case management conference until
4 October 7, 2014, at 2:00 pm. The United States, on behalf of the IRS, may stipulate to remand this case
5 to the state court. For that reason, the requested continuance will allow the government to evaluate
remanding this case and the delay will relieve the parties of having to file papers in this court, and then
6
the state court if the case is remanded. Second, the continuance is warranted given that some of the
7
parties have not yet appeared in the matter and are not required to answer the complaint at this point.
8
5.
Regarding the status of service on the defendants, prior to the removal to this court,
9
Plaintiff sent to all defendants in the case a Notice and Acknowledgment of Receipt in lieu of personal
10
service. Shortly thereafter, this case was removed to this court. No defendant answered or otherwise
11
appeared in the Superior Court. In this case, Plaintiff has served all defendants with the Waiver of the
12
Service of Summons (form AO 399). Two defendants have returned the form. Their respective
13
responses are due by September 5, 2014. Two defendants have requested to be dismissed from the case,
14
and a third is considering it. The mail sent to defendant 3066 Market Street, LLC at several different
15
addresses has been returned as undeliverable. This defendant will need to be personally served.
16
17 DATED: July 25, 2014

Respectfully submitted,

18

MELINDA HAAG
United States Attorney

19

/s/
THOMAS M. NEWMAN
Assistant United States Attorney
Tax Division

20
21
22
23
24

LAW OFFICES OF ROUSE & BAHLERT
DATE: July 25, 2014

/s/ Cheryl C. Rouse
By: CHERYL C. ROUSE
Attorney for Plaintiff GOLDEN WEST
FORECLOSURE SERVICE, INC.

25
26
27
28
STIPULATION
C-14-2154-WHO

2

ORDER

1
2

For the reasons stated above, the Court continues the case management conference until October

3 7, 2014, at 2:00 pm.
IT IS SO ORDERED.
4
July 30, 2014
5 DATED:______________
6

________________________________
THE HONORABLE WILLIAM H. ORRICK
United States District Judge

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION
C-14-2154-WHO

3