United States of America v. West Professional Enterprises, Inc. et al

Filing 98

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that all parties and movants, including the United States, the Receiver, Defendant The Board of Managers of the Tesson Ferry Professional Condominium Association, and proposed intervenor Todd W. Silva, shal l promptly meet and confer and attempt to reach agreement regarding the most efficient manner of proceeding in this litigation. IT IS FURTHER ORDERED that the parties shall, within 10 days of the date of this Order, file a joint proposed scheduling p lan addressing whether discovery is necessary, a plan for completing any such discovery, and a proposal for submitting the current dispute to the Court for resolution. (Response to Court due by 11/27/2022.) Signed by District Judge Audrey G. Fleissig on 11/17/2022. (JMP)

Case: 4:19-cv-01906-AGF Doc. #: 98 Filed: 11/17/22 Page: 1 of 2 PageID #: 1038

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
UNITED STATES OF AMERICA

)
)
Plaintiff,
)
)
vs.
)
)
WEST PROFESSIONAL ENTERPRISES )
INC., et al.,
)
)
Defendants.
)

No. 4:19-CV-01906-AGF

MEMORANDUM AND ORDER
This action to enforce a federal tax lien against certain real property (the
“Property”) is before the Court on review of the most recent post-judgment status reports
(ECF Nos. 96 & 97) filed by the Receiver appointed by the Court to sell the Property.
The procedural history of this case has been set out in detail in prior Court Orders, e.g.,
ECF No. 92, and will not be recounted here. In short, two proposed purchasers, Todd W.
Sivia and The Board of Managers of the Tesson Ferry Professional Condominium
Association (the “Association’), now assert a right to purchase the Property. 1 See ECF
Nos. 86 & 90. According to the Receiver, as a result of the above-noted dispute, the
Property is now subject to two encumbrances that prevent the issue of title insurance or
clear title to any buyer, and also prevent the Receiver from selling the Property to any

The Association is a named Defendant in this case, and Silva has moved to
intervene in the matter.
1

Case: 4:19-cv-01906-AGF Doc. #: 98 Filed: 11/17/22 Page: 2 of 2 PageID #: 1039

buyer free and clear of any rights, titles, claims, or interest.
Upon careful review of the record,
IT IS HEREBY ORDERED that all parties and movants, including the United
States, the Receiver, Defendant The Board of Managers of the Tesson Ferry Professional
Condominium Association, and proposed intervenor Todd W. Silva, shall promptly meet
and confer and attempt to reach agreement regarding the most efficient manner of
proceeding in this litigation.
IT IS FURTHER ORDERED that the parties shall, within 10 days of the date of
this Order, file a joint proposed scheduling plan addressing whether discovery is
necessary, a plan for completing any such discovery, and a proposal for submitting the
current dispute to the Court for resolution.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 17th day of November, 2022.