United States v. Miles et al

Filing 74

ORDER by Judge Claudia Wilken Granting 73 Stipulation to Stay Case. (ndr, COURT STAFF) (Filed on 9/10/2012)

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MELINDA HAAG (CABN 132612)
United States Attorney
THOMAS MOORE (ALBN 4305-O78T)
Chief, Tax Division
CYNTHIA STIER (DCBN 423256)
MICHAEL G. PITMAN (DCBN 484164)
Assistant United States Attorneys, Tax Division
450 Golden Gate Ave., Box 36055
San Francisco, CA 94102
Telephone: [phone]
Facsimile:
[phone]
E-Mail: [e-mail]
[e-mail]

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Attorneys for the United States of America

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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UNITED STATES OF AMERICA,
Civil No. 4:10-cv-02398-CW

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Plaintiff,

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v.

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STIPULATION TO STAY CASE AND
[PROPOSED] ORDER

MARY ELIZABETH MILES, ET AL.,
Defendants.

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Plaintiff the United States of America (“United States”), and Defendants Mary Elizabeth

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Miles (“Mary Elizabeth Miles”), Kristina A. Miles-Toland, Patrick Toland, and JPMorgan Chase

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Bank, N.A. (collectively, the “Parties”), by and through their undersigned counsel, and pursuant

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to the Court’s Order dated September 5, 2012 (Doc. # 72), hereby stipulated as follows:

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The United States filed this action, seeking to reduce to judgment outstanding

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federal tax assessments against Mary Elizabeth Miles, and to foreclose federal tax liens upon

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Mary Elizabeth Miles’ interest in the Subject Property, which is described in more detail in

STIPULATION TO STAY CASE
AND [PROPOSED] ORDER
CIVIL NO. 4:10-CV-02398-CW

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paragraph 8 of the United States’ Complaint, filed on May 28, 2010 (Doc. # 1).

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2.

The United States filed a Motion for Summary Judgment on January 20, 2011

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(Doc. # 26), which the Court resolved in an Order dated March 30, 2012 (Doc. # 59). The issues

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left unresolved for the Court’s March 30th Order were scheduled for a bench trial on October 9,

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2012.

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3.

On August 28, 2012, Mary Elizabeth Miles filed a Petition seeking Chapter 13

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protection in the United States Bankruptcy Court for the Northern District of California, Petition

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No. 12-32494.

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4.

Mary Elizabeth Miles filed a Notice of Bankruptcy Automatic Stay on August 29,

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2012 (Doc. 71), asserting that the instant action is subject to the automatic stay provisions of 11

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U.S.C. § 362.

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5.

In its September 5th Order, the Court ordered the Parties confer as to whether the

instant action should be stayed, or whether certain claims should proceed.
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The Parties have conferred and agree that the instant action should be stayed

pending further guidance from the Bankruptcy Court.
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The United States represents that it anticipates seeking a determination from the

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Bankruptcy Court regarding whether the instant action, in whole or in part, is, or should be,

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subject to the automatic stay provisions of 11 U.S.C. § 362, shortly.

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Accordingly, the Parties hereby jointly request that the Court stay the instant action

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pending further guidance from the Bankruptcy Court as to whether the instant action, in whole or

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in part, may proceed without violating the automatic stay provisions of 11 U.S.C. § 362.

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STIPULATION TO STAY CASE
AND [PROPOSED] ORDER
CIVIL NO. 4:10-CV-02398-CW

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Respectfully submitted,
MELINDA HAAG
United States Attorney

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s/ Cindy Lan Ho
ROBERT LAWRENCE GOLDSTEIN
CINDY LAN HO
Law Offices of Robert L. Goldstein
100 Bush Street, Suite 501
San Francisco, CA 94104
[phone]
Fax: [phone]

s/ Michael G. Pitman
CYNTHIA STIER
MICHAEL G. PITMAN
Assistant United States Attorneys, Tax Division
450 Golden Gate Ave., Box 36055
San Francisco, CA 94102
[phone]
Fax [phone]

Attorneys for Defendant Mary Elizabeth
Miles

Attorneys for Plaintiff the United States of
America

s/ Sung-Min Christopher Yoo
SUNG-MIN CHRISTOPHER YOO
AlvaradoSmith
1 MacArthur Place, Suite 200
Santa Ana, CA 92707
[phone]
Fax: [phone]

s/ J. Brittain Habegger
J. BRITTAIN HABEGGER
MERRILL JAY SCHWARTZ
Fitzgerald Abbott & Beardsley LLP
1221 Broadway, 21st Floor
Oakland, CA 94612-1837
[phone]
Fax: [phone]

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Attorneys for Defendant JPMorgan
Chase Bank, N.A.

Attorneys for Defendants Kristina A. MilesToland & Patrick Toland

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[PROPOSED] ORDER
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Pursuant to the Stipulation of the Parties herein, this case is hereby stayed pending further
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action in the United States Bankruptcy Court with respect to Petition No. 12-32494. The parties
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are directed to notify this Court within fifteen days of the Bankruptcy Court’s determination, if
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any, that the instant action may proceed, in whole or in part, without violating the automatic stay
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provisions of 11 U.S.C. § 362.
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September
10th
SO ORDERED this _____ day of ___________, 2012.

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__________________________________
THE HONORABLE CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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STIPULATION TO STAY CASE
AND [PROPOSED] ORDER
CIVIL NO. 4:10-CV-02398-CW

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