United States of America v. Beary et al

Filing 145

ORDER by Judge Hamilton granting 142 Motion to Substitute Party (pjhlc2, COURT STAFF) (Filed on 2/1/2008)

United States of America v. Beary et al

Doc. 145

1 2 3 4 5 6 7 8 9 10 v. KIMBERLEY ANN BEARY, et al., Defendants. _______________________________/ Before the court is defendant Kimberley Ann Beary, Trustee UDT's motion for substitution of proper party, wherein defendant seeks an order substituting Kimberley Ann Beary, Trustee UDT in place of decedents Louis G. Beary and Louis G. Beary, Trustee UDT. Plaintiff, the United States, as well as defendants State of California Franchise Tax Board and State of California Employment Development Department, have filed nonoppositions to the motion. The remaining parties to the action have failed to submit any filings in response to the motion at all, despite the fact that the deadline for opposing the motion has passed. In light of the above-named parties' non-opposition to the motion, and the remaining parties' failure to file any opposition to the motion by the requisite deadline, the court hereby GRANTS defendant's motion for substitution of proper party. The February 13, 2008 hearing currently scheduled for defendants' motion is accordingly VACATED. UNITED STATE OF AMERICA, Plaintiff, No. C 06-5838 PJH ORDER GRANTING MOTION TO SUBSTITUTE PARTY UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

IT IS SO ORDERED. Dated: February 1, 2008 ______________________________ PHYLLIS J. HAMILTON United States District Judge

Dockets.Justia.com