United States of America et al v. Ryan et al

Filing 87

ORDER GRANTING STAY OF APRIL 8, 2011 ORDER GRANTING PETITION FOR JUDICIAL APPROVAL OF LEVY (granting 82 ). Signed by Judge Jeremy Fogel on 5/17/2011. (jflc2, COURT STAFF) (Filed on 5/17/2011)

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**E-Filed 5/17/2011**

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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UNITED STATES OF AMERICA, et al.,
Plaintiffs,

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v.

Case Number 5:08-cv-04823-JF
ORDER GRANTING STAY OF
APRIL 8, 2011 ORDER GRANTING
PETITION FOR JUDICIAL
APPROVAL OF LEVY

KEVIN RYAN, et al.,
Defendants.

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On April 8, 2011, the Court granted the United States’ petition for judicial approval of a

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levy upon the principal residence of Defendants Kevin and Nancy Ryan (“the Ryans”). The

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Ryans have filed a motion for reconsideration, which is set for hearing on June 24, 2011, and

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they now seek a stay of the April 8 order pending disposition of the motion for reconsideration.

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The United States has not opposed the motion for stay, which was filed on May 6, 2011.

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In their motion for reconsideration the Ryans claim that the Court deprived them of due

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process by restricting the evidence that they were permitted to present in connection with the

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petition. The motion also asserts that the Court failed to consider evidence that was presented,

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and based its ruling upon an erroneous understanding of the facts. Given the seriousness of the

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Ryans’ claims, the irreparable injury that the Ryans will suffer if their home is sold pursuant to

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the levy, and the absence of significant prejudice to the United States if the Court stays its order
Case No. 5:08-cv-04823-JF
ORDER GRANTING STAY OF APRIL 8, 2011 ORDER ETC.
(JFLC2)

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for six or eight weeks, the motion for stay will be granted. Nothing in this order shall be read as

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indicating the Court’s view of the merits of the motion for reconsideration.

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ORDER

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The Order Granting Petition For Judicial Approval Of Levy issued April 8, 2011, is

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STAYED pending disposition of the Ryans’ motion for reconsideration.

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DATED: May 17, 2011

__________________________________
JEREMY FOGEL
United States District Judge

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Case No. 5:08-cv-04823-JF
ORDER GRANTING STAY OF APRIL 8, 2011 ORDER ETC.
(JFLC2)