USA v. Goldston et al

Filing 247

ORDER: Defendants First National Bank of Paonia and Arthur C. Davenport are dismissed without prejudice, by Judge Philip A. Brimmer on 3/31/10. (ebs, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 06-cv-02153-PAB-KLM UNITED STATES OF AMERICA, Plaintiff, v. DAVID W. GOLDSTON, individually and as Trustee of Old Times Holding Trust and Trustee of High Mountain Holding Trust; NANCY S. GOLDSTON, individually and as Trustee of Old Times Holding Trust and Trustee of High Mountain Holding Trust; W.W. INVESTMENT GROUP, LLC, as Trustee of Old Times Holding Trust and Trustee of High Mountain Holding Trust; ARTHUR C. DAVENPORT; and FIRST NATIONAL BANK OF PAONIA, Defendants. _____________________________________________________________________ ORDER _____________________________________________________________________ This matter comes before the Court sua sponte. This a case where the United States is seeking to foreclose federal tax liens against certain parcels of real property and apply the monies from the foreclosures to defendant David W. Goldston's outstanding federal tax liability for tax year 1991. On January 12, 2007, defendants First National Bank of Paonia and Arthur C. Davenport filed separate disclaimers of interest in the property at interest in this case [Docket Nos. 8 and 9]. The United States has not otherwise sought to involve or take action against these defendants and has

not included any reference to these defendants in its proposed Judgment. See Docket No. 236-2. Thus, it is hereby ORDERED that defendants First National Bank of Paonia and Arthur C. Davenport are dismissed without prejudice.

DATED March 31, 2010. BY THE COURT:

s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge

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