Bain v. United States Department of the Treasury, Internal Revenue Service

Filing 59

ORDER granting 58 Joint Stipulation and Motion To Dismiss. By 7/30/2013, Marguerite E. Bain SHALL COMPENSATE the United States via check made payable to the "United States Treasury" in the amount of $125,000.00. The counterclaims of the United States against Marguerite E. Bain are DISMISSED, and that the United States is DISMISSED WITH PREJUDICE from this lawsuit with each of the affected parties to pay its own attorney fees and costs. The United States is DROPPED as a named party to this action, and the case caption is amended accordingly. By Judge Robert E. Blackburn on 7/10/2013. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 12-cv-02111-REB-KLM
MARGUERITE E. BAIN,
Plaintiff,
v.
UNITED STATES DEPARTMENT OF THE TREASURY - INTERNAL REVENUE
SERVICE, and
ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT MATTER
OF THIS ACTION,
Defendants.

UNITED STATES DEPARTMENT OF THE TREASURY - INTERNAL REVENUE
SERVICE,
Counterclaim Plaintiff,
v.
MARGERITE E. BAIN, and
KEY BANK NATIONAL ASSOCIATION,
Counterclaim Defendants.

ORDER
Blackburn, J.
The matter is before me on the Joint Stipulation and Motion To Dismiss [#58]1
filed July 10, 2013. After reviewing the motion and the record, I conclude that the

1

“[#58]” is an example of the convention I use to identify the docket number assigned to a specific
paper by the court’s electronic case filing and management system (CM/ECF). I use this convention
throughout this order.

motion should be granted and that the counterclaims of the plaintiff, United States
Department of the Treasury - Internal Revenue Service’s against counterclaim
defendant, Marguerite E. Bain, should be dismissed, and that the United States should
be dismissed from this lawsuit with prejudice, under FED. R. CIV. P. 21 and 41(a)(2),
with each party to bear it’s own costs and fees.
THEREFORE, IT IS ORDERED as follows:
1. That Joint Stipulation and Motion To Dismiss [#58] filed July 10, 2013, is
GRANTED;
2. That by July 30, 2013, Marguerite E. Bain SHALL COMPENSATE the United
States via check made payable to the “United States Treasury” in the amount of
$125,000.00, referencing Case No. 12-cv-02111-REB-KLM and mailed to
Tax FLU, Office of Review
P.O. Box 310
Ben Franklin Station
Washington, DC 20044-0310;
3. That the counterclaims of the United States against Marguerite E. Bain are
DISMISSED, and that the United States is DISMISSED WITH PREJUDICE from this
lawsuit with each of the affected parties to pay its own attorney fees and costs; and
4. That the United States is DROPPED as a named party to this action, and the
case caption is amended accordingly.
Dated July 10, 2013, at Denver, Colorado.
BY THE COURT:

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