USA v. Kimmell et al

Filing 65

ORDER ADMINISTRATIVELY CLOSING CASE is GRANTED. This case is ADMINISTRATIVELY CLOSED pursuant to D.C.COLO.LCivR 41.2, subject to being reopened upon a showing of good cause by motion of any party. Should any party seek to enforce the terms of the set tlement, they shall move to reopen the case from administrative closure. It is FURTHER ORDERED that the Order of Foreclosure and Judicial Sale 59 is VACATED. Finally, it is ORDERED that upon notification by the United States that the payment due under the settlement has been received, the United States shall file a motion to dismiss this case with prejudice. by Chief Judge Wiley Y. Daniel on 7/23/2010. (erv, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Wiley Y. Daniel Civil Action No. 08-cv-00253-WYD-KLM UNITED STATES OF AMERICA, Plaintiff, v. GERALD E. KIMMELL, EVELYN R. KIMMELL; HIGH PLAINS ELECTRICAL CONTRACTING; WOLFENGANG, LLC; STATE OF COLORADO, DEPARTMENT OF REVENUE Defendants. ORDER THIS MATTER is before the Court on the Joint Notice of Settlement and Motion to Administratively Terminate Case Pursuant to Local Rule 41.2. The Court, having reviewed the motion and being fully advised in the premises, ORDERS that the Motion to Administratively Terminate Case Pursuant to Local Rule 41.2 (ECF No. 64) is GRANTED. This case is ADMINISTRATIVELY CLOSED pursuant to D.C.COLO.LCivR 41.2, subject to being reopened upon a showing of good cause by motion of any party. Under the terms agreed upon in the motion, it is ORDERED that the Court retains jurisdiction over this case to enforce the terms of the settlement pursuant to Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, 381 (1994). Should any party seek to enforce the terms of the settlement, they shall move to reopen the case from administrative closure. It is FURTHER ORDERED that the Order of Foreclosure and Judicial Sale [ECF No. 59] is VACATED. Finally, it is ORDERED that upon notification by the United States that the payment due under the settlement has been received, the United States shall file a motion to dismiss this case with prejudice. Dated: July 23, 2010 BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel Chief United States District Judge -2-

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