United States of America v. Beary et al

Filing 187

STIPULATION AND ORDER TO RESCHEDULE CASE MANAGEMENT CONFERENCE re 184 Proposed Order filed by United States of America. Signed by Judge Phyllis J. Hamilton on 2/8/10. (nah, COURT STAFF) (Filed on 2/8/2010)

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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

16 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28

STIPULATION TO RESCHEDULE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER Date: March 4, 2010 Time: 2:00 p.m. Place: Federal Building Oakland, CA Courtroom 3, Third Floor

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 February 11, 2010, to March 4, 2010, at 2:00 p.m., or such other date as the Court orders. The parties have a settlement structure in place through settlement conferences with Magistrate Hon. Maria-Elena James. Defendant, Kimberley Beary is in the process of selling the real property which is the subject of the action. There have been several sales which have not

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been consummated. There is a current sale pending and it is anticipated that escrow will close on February 19, 2010. Accordingly, the parties request that the case management conference be held on March 4, 2010, at 2:00 p.m. after the close of escrow.

IT IS SO STIPULATED: Respectfully submitted,

7 8 9 10 11 12 13 Dated: 2/1/10 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
US v. Beary, et al., Case No.06-5838-PJH S t ip u la tio n to Reschedule Case Mgmt. Conf. and [Proposed] Order

JOSEPH RUSSONIELLO United States Attorney Dated:2/1/10 : /s/ Cynthia Stier CYNTHIA STIER Assistant U.S. Attorney Attorneys for the United States of America

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/s/ Karen Yiu KAREN W. YIU California Attorney General's Office Attorney for State of CA Franchise Tax Board and Employment Development Department

Dated: :2/1/10

:

/s/ BOB HAROCHE Beyers Costin 200 Fourth Street, Suite 400 P.O. Box 878 Santa Rosa, California 95402 Attorney for Lois Rust

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1 Dated: : 2/1/10 2 3 4 Dated: : 2/1/10 5 6 7 SO ORDERED: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
US v. Beary, et al., Case No.06-5838-PJH S t ip u la tio n to Reschedule Case Mgmt. Conf. and [Proposed] Order

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/s/ PETER CHURCHILL 1682 Novato Blvd. Suite 350 Novato, CA 94947 Attorney for Kimberley Beary /s/ TERRY TRAKTMAN 1682 Novato Blvd. Suite 250 Novato, CA 94947 Attorney for Kimberley Beary

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2/8/10 Dated:_________________

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THE HONORABLE ER O ORD PHYLLIS J. HAMILTON IT IS S UNITED STATES DISTRICT JUDGE

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