UNDERWRITERS OF LLOYDS OF LONDON v. MCKINNIE et al

Filing 16

ORDER entered on 14 Motion for Summary Judgment. 1. The Internal Revenue Service holds a tax lien against the $4,171.43 deposited in the registry of this court superior to any claim by Defendant Thomas L. McKinnie. 2. The clerk is directed to disburse the funds in the amount of $4,171.43 to the Internal Revenue Service C/O its attorney, Benjamin W. Beard, Assistant U.S. Attorney, 21 East Garden Street, Pensacola, Florida 32502. 3. Upon disbursement of the money as directed, the clerk is directed to close the file. Signed by JUDGE RICHARD SMOAK on 8/16/2011. (cc: USDC Finance) (jcw)

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION UNDERWRITERS OF LLOYDS OF LONDON, Plaintiff, vs. CASE NO. 3:11cv175/RS-CJK THOMAS L. McKINNIE and UNITED STATES OF AMERICA, acting through its agency, THE INTERNAL REVENUE SERVICE, UNITED STATES DEPARTMENT OF TREASURY, Defendants. __________________________________/ ORDER Before me is Defendant Internal Revenue Services’ Motion For Summary Judgment (Doc. 14). Defendant McKinnie has not filed a response to the Motion for Summary Judgment. The Internal Revenue Service alleges that it holds a tax lien against the property of Defendant Thomas L. McKinnie for an amount in excess of the funds interpled in this case. N.D. Fla. Loc. R. 7.1(C)(1) provides, “Failure to file a responsive memorandum may be sufficient cause to grant the motion.” IT IS ORDERED: 1. The Internal Revenue Service holds a tax lien against the $4,171.43 deposited in the registry of this court superior to any claim by Defendant Thomas L. McKinnie. 2. The clerk is directed to disburse the funds in the amount of $4,171.43 to the Internal Revenue Service C/O its attorney, Benjamin W. Beard, Assistant U.S. Attorney, 21 East Garden Street, Pensacola, Florida 32502. 3. Upon disbursement of the money as directed, the clerk is directed to close the file. ORDERED on August 16, 2011. /S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE

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