United States of America v. Valdivia

Filing 4

MOTION by Plaintiff United States of America for judgment based on parties' stipulated agreement (Attachments: # 1 Exhibit Ex. 1: Stipulated Agreement for Permanent Injunction)(Hume, Lauren)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
WESTERN DIVISION
UNITED STATES OF AMERICA,

)
)
Plaintiff,
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v.
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DARIA EMMA VALDIVIA, individually and )
doing business as EMMA’S AGENCY,
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)
Defendant.
)
_______________________________________)

Case No. 3:17-cv-50005
Hon. Frederick J. Kapala
Magistrate Judge Iain D. Johnston

UNITED STATES OF AMERICA’S
MOTION FOR ENTRY OF JUDGMENT
The plaintiff United States of America moves for entry of judgment in favor of the
United States on its claims for a permanent injunction under 26 U.S.C. §§ 7401, 7402, 7407, and
7408 against defendant Daria Emma Valdivia, individually and doing business as Emma’s
Agency. In support of this motion, the United States states as follows:
1.

On January 12, 2017, the United States filed its Complaint (Docket No. 1),

seeking a permanent injunction under 26 U.S.C. §§ 7401, 7402, 7407, and 7408 against Daria
Emma Valdivia, individually and doing business as Emma’s Agency.
2.

The United States and Daria Emma Valdivia have entered a stipulation regarding

entry of judgment. See Exhibit 1. In this stipulation, Daria Emma Valdivia agreed that the
Court has personal jurisdiction over her; waived the entry of findings of fact and conclusions of
law under Federal Rules of Civil Procedure 52 and 65; consented to the entry of a judgment of
permanent injunction against her; and agreed to be bound by the terms of the injunction
contained in the stipulation. In the stipulation, Daria Emma Valdivia agreed that entry of a
permanent injunction against her is appropriate and necessary and acknowledged her

understanding that the permanent injunction will constitute the final judgment against her in the
action. The stipulation resolves only this civil injunction action, and does not constitute an
admission by Daria Emma Valdivia or preclude her from contesting her liability or guilty in any
other matter or proceeding.
WHEREFORE, the plaintiff United States of America requests that this Court enter a
judgment in accordance with the proposed judgment submitted contemporaneously herewith.
Dated: January 12, 2017

Respectfully submitted,
CAROLINE D. CIRAOLO
Principal Deputy Assistant Attorney General
U.S. Department of Justice, Tax Division
/s/ Lauren E. Hume
LAUREN E. HUME
JEFFREY N. NUNEZ
BRADLEY A. SARNELL
Trial Attorneys, Tax Division
U.S. Department of Justice
P.O. Box 55
Washington, D.C. 20044
Tel.: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

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Certificate of Service
I hereby certify that on January 12, 2017, I electronically filed the foregoing motion and its
attachments with the Clerk of Court via the Court’s CM/ECF system. The filing is accessible
through the Court’s CM/ECF system. In addition, a copy of foregoing motion and its
attachments are being mailed today via Federal Express to the following party and address.
Daria Emma Valdivia
1104 W. 3rd Street
Sterling, IL 61081
/s/ Lauren E. Hume
LAUREN E. HUME
Trial Attorney, Tax Division
U.S. Department of Justice
P.O. Box 55
Washington, D.C. 20044
Tel.: [phone]
Fax: [phone]
[e-mail]

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