United States of America v. Beary et al

Filing 166

STIPULATION AND ORDER TO RESCHEDULE CASE MANAGEMENT CONFERENCE re 165 Stipulation filed by United States of America. Signed by Judge Phyllis J. Hamilton on 8/12/09. (nah, COURT STAFF) (Filed on 8/12/2009)

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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney THOMAS MOORE (ASBN 4305-O78T) Assistant United States Attorney Chief, Tax Division CYNTHIA STIER (DCBN 423256) Assistant United States Attorney 9th Floor Federal Building 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] Attorneys for United States of America

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES OF AMERICA, Plaintiff, v. LOUIS G. BEARY, et al., ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. C06-5838 PJH

STIPULATION TO RESCHEDULE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER Date: December 10, 2009 Time: 2:30 p.m. Place: Federal Building San Francisco 17th Floor Courtroom 3

Defendants.

The parties hereby stipulate and agree, subject to the Court's approval, to the following: The parties to this action, by and through their counsel, respectfully request that the Court continue the Case Management Conference currently scheduled for August 13, 2009 at 2:30 p.m. to December 10, 2009 at 2:30 p.m., or such other date as the Court orders. The parties have a settlement structure in place through settlement conferences with Magistrate Hon. MariaElena James. Defendant, Kimberley Beary is in the process of selling the real property which is the subject of the action. The property is under contract to be sold and the parties have agreed to

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place the proceeds from the sale in an escrow account subject to settlement agreement or further order of the court. It is anticipated that escrow will close at the end of September, and that distribution of the proceeds will occur pursuant to settlement agreement which will be facilitated by further settlement conference with Magistrate James. The additional time will allow the escrow to close and present the opportunity for the remainder of the settlement to be agreed upon and executed IT IS SO STIPULATED: Respectfully submitted, JOSEPH RUSSONIELLO United States Attorney Dated: 8/10/09 : /s/ Cynthia Stier CYNTHIA STIER Assistant U.S. Attorney Attorneys for the United States of America /s/ Karen Yiu KAREN W. YIU California Attorney General's Office Attorney for State of CA Franchise Tax Board and Employment Development Department

Dated: 8/7/09

:

Dated: : 8/10/09

:

/s/ RICHARD CHARLES O'HARE Beyers Costin 200 Fourth Street, Suite 400 P.O. Box 878 Santa Rosa, California 95402 Attorney for Lois Rust /s/ PETER CHURCHILL 1682 Novato Blvd. Suite 350 Novato, CA 94947 Attorney for Kimberley Beary

Dated: : 8/10/09

:

US v. Beary, et al., Case No.06-5838-PJH Stipulation to Reschedule Case Mgmt. Conf. and [Proposed] Order

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SO ORDERED:

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8/12/09 Dated:_________________

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US v. Beary, et al., Case No.06-5838-PJH Stipulation to Reschedule Case Mgmt. Conf. and [Proposed] Order

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D RDERE S SO OPHYLLIS J. HAMILTON THE HONORABLE IT I
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