United States of America v. Timothy T. Bezy Photography, Inc. et al

Filing 75

ORDER granting 74 Stipulation for Dismissal. The issues remaining after the Court's Memorandum and Order (Dkt. No. 59) and Judgment (Dkt. No. 60) namely, the foreclosure of the federal tax liens and whether the subject real property shoul d be sold are dismissed. The dismissal of the outstanding issues does not affect the validity of the Judgment against Bezy Photography (Dkt. No. 60). Each party shall bear its own costs and expenses incurred in this matter. Ordered by Judge Joseph F. Bataillon. (ADB)

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
United States of America

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Plaintiff,
v.
Timothy T. Bezy Photography, Inc.
Olivia M. Cubeyro
Joseph Anderson
Wells Fargo Bank, N.A.
First Security Agency, Inc. as agent
for Equifunding, Inc.
and
Rich James,
as Sarpy County Treasurer, Nebraska
Defendants.

8:11CV348

ORDER ON
STIPULATION FOR DISMISSAL
OF REMAINING CLAIMS

Plaintiff United States and Defendants Timothy T. Bezy Photography, Inc. (“Bezy
Photography”), Rich James as Sarpy County Treasurer, First Security Agency as agent for
Equifunding, Inc., and Olivia M. Cubeyro have submitted a Stipulation for Dismissal of
Voluntary Claims (Dkt. No. 74). The parties to the Stipulation agree that:
1.

The Court entered judgment in favor of the United States and against Timothy T. Bezy
Photography, Inc. (“Bezy Photography”) in the amount of $115,112.60 on September 7,
2012. (Dkt. No. 60.)

2.

The Court has not resolved the United States’ request to foreclose the federal tax liens on
a parcel of real property owned by Bezy Photography. (Dkt. 59, Memorandum and
Opinion.) On April 15, 2013, the Court approved a stipulation among the parties to allow,
with certain conditions, a voluntary sale of the subject real property. (Dkt. No. 73.)
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3.

Bezy Photography has closed a voluntary sale of the subject real property and remitted
the sale proceeds to the undersigned parties in accordance with their respective interests
in the subject real property.

4.

Therefore, the issues remaining after the Court’s Memorandum and Order (Dkt. No. 59)
and Judgment (Dkt. No. 60) – namely, the foreclosure of the federal tax liens and whether
the subject real property should be sold – should be dismissed, and the dismissal of these
issues will resolve the entire case.

5.

The dismissal of the outstanding issues does not affect the validity of the Judgment
against Bezy Photography (Dkt. No. 60).

6.

Each party shall bear its own costs and expenses incurred in this matter.
In accordance with the Stipulation, it is hereby ORDERED that:

1.

The issues remaining after the Court’s Memorandum and Order (Dkt. No. 59) and
Judgment (Dkt. No. 60) – namely, the foreclosure of the federal tax liens and whether the
subject real property should be sold – are dismissed.

2.

The dismissal of the outstanding issues does not affect the validity of the Judgment
against Bezy Photography (Dkt. No. 60).

3.

Each party shall bear its own costs and expenses incurred in this matter.
Dated this 21st day of November, 2013.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge

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