United States of America v. Lee

Filing 61

ORDER that Petitioner's 42 Motion to Dismiss is Granted and the case is Dismissed. The 45 Motion to Stay and the 55 Motion to Strike are Denied as moot. The Clerk of Court is directed to close the case. Signed by Chief Judge Gloria M. Navarro on 11/20/2014. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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UNITED STATES OF AMERICA,
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Petitioner,
vs.
THEODORE LEE,

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Respondent.

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Case No.: 2:12-cv-01994-GMN-PAL
ORDER

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Before the Court is Petitioner’s Motion to Dismiss (ECF No. 42) and supporting

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Memorandum and Declaration (ECF Nos. 43 and 44). Respondent filed a Response in

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Opposition to Petitioner’s Motion (ECF No. 48), and Petitioner filed its Reply (ECF No. 51).

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The Court has read the pleadings filed by the parties, and as the Petitioner sets forth in

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its Motion to Dismiss, the Respondent has complied with the IRS summons and therefore the

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United States seeks no further relief from this Court. However, as the Petitioner also states, the

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Respondent refuses to stipulate to the dismissal of this action. The Court agrees with the

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Petitioner that since there is nothing further to prosecute, dismissal of this action is appropriate.

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Accordingly,

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IT IS HEREBY ORDERED that Petitioner’s Motion to Dismiss (ECF No. 42) is

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hereby GRANTED and this case is DISMISSED.
IT IS FURTHER ORDERED that the Motion to Stay (ECF No. 45), and the Motion to
Strike (ECF No. 55), are hereby DENIED as moot.

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The Clerk of Court is directed to close the case.

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DATED this 20th day of November, 2014.

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_______________________________
Gloria M. Navarro, Chief Judge
United States District Court