Blunt v. United States of America

Filing 55

ORDER Granting 54 Stipulation to Stay Case Pending Resolution of Offer in Compromise. Signed by Magistrate Judge Nancy J. Koppe on 9/8/15. (Copies have been distributed pursuant to the NEF - TR)

Case 2:12-cv-02191-JAD-NJK Document 54 Filed 09/08/15 Page 1 of 4

1
2
3
4
5
6
7

Marquis Aurbach Coffing
Terry A. Coffing, Esq.
Nevada Bar No. 4949
Candice E. Renka, Esq.
Nevada Bar No. 11447
10001 Park Run Drive
Las Vegas, Nevada 89145
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff/Counterdefendant
Don Jay Blunt

8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10

DON JAY BLUNT,
Plaintiff,

Case No.: 2:12-CV-02191-JAD-NJK

vs.
12
UNITED STATES OF AMERICA,
10001 Park Run Drive
Las Vegas, Nevada 89145
[phone] FAX: [phone]

MARQUIS AURBACH COFFING

11

STIPULATION AND ORDER TO STAY
CASE PENDING RESOLUTION OF
OFFER IN COMPROMISE

13
14
15

Defendant.

(FIFTH REQUEST)

UNITED STATES OF AMERICA,

16

Counterclaimant,

Case No.:

2:12-CV-02191-JAD-NJK

vs.
17
18

DON JAY BLUNT, JENNIFER DIANE
OLIVAS aka JENNIFER DIANE PELLIGRINO,

19

Counterdefendants.

20
21
Pursuant to LR 7-1, Plaintiff/Counterdefendant Don Jay Blunt (“Blunt”), by and through

22
23

his

attorneys

of

record,

Terry

Coffing,

Esq.

and

Candice

E.

Renka,

Esq.;

24

Defendant/Counterclaimant United States of America (“USA”), through its attorney of record,

25

Lindsay L. Clayton, Esq.; and Counterdefendant, Jennifer Diane Olivas aka Jennifer Diane

26

Pelligrino (“Olivas”), by and through her attorney, Christopher G. Gellner, Esq., (collectively,

27
28

Page 1 of 4
MAC:11637-005 2603878_1 9/8/2015 11:10 AM
13083767.1

Case 2:12-cv-02191-JAD-NJK Document 54 Filed 09/08/15 Page 2 of 4

1

the “Parties”) hereby stipulate to stay the case pending resolution of offer in compromise as

2

follows.

3
4
5
6
7

1.

Blunt has submitted to the Internal Revenue Service (“IRS”) an offer in

compromise to resolve this and other related tax liabilities.
2.

If the IRS accepts the offer in compromise and it is approved by the Department

of Justice (“DOJ”), this litigation is likely to be entirely resolved.
3.

Because Blunt, the IRS, and the DOJ are attempting to resolve the issues in this

8

lawsuit as well as related issues outside of this lawsuit, additional time is needed to evaluate the

9

offer in compromise.

10

4.

On May 13, 2014, the Court entered an order upon a stipulation of the Parties to

stay the case 120 days pending resolution of Blunt’s offer in compromise, wherein the Court

12
10001 Park Run Drive
Las Vegas, Nevada 89145
[phone] FAX: [phone]

MARQUIS AURBACH COFFING

11

ordered the Parties to provide the Court a status on or before 120 days from the entry of the

13

Order, which was September 10, 2014.

14

5.

On September 11, 2014, the Court entered an order upon a stipulation of the

15

Parties to stay the case an additional 120 days pending continued resolution of Blunt’s offer in

16

compromise, wherein the Court ordered the Parties to provide the Court a status on or before 120

17

days from the entry of the Order, which falls on January 9, 2015.

18

6.

On January 12, 2015, the Court entered an order upon a stipulation of the Parties

19

to stay the case an additional 120 days pending continued resolution of Blunt’s offer in

20

compromise, wherein the Court ordered the Parties to provide the Court a status on or before 120

21

days from the entry of the Order, which falls on May 12, 2015. Accordingly, the Parties are

22

submitting their fourth request for a stay.

23

7.

Currently, the IRS is still evaluating the offer in compromise.

24

8.

Ms. Clayton, counsel for the United States, has discussed the status of the offer in

25

compromise with Mr. Leighton R. Koehler, separate counsel also representing Mr. Blunt as well

26

as an entity involved in the offer in compromise. In addition, Ms. Clayton has discussed the

27

status of the offer in compromise with the IRS specialist assigned to evaluate the offer.

28

Page 2 of 4
MAC:11637-005 2603878_1 9/8/2015 11:10 AM
13083767.1

Case 2:12-cv-02191-JAD-NJK Document 54 Filed 09/08/15 Page 3 of 4

1

9.

Based on the conversations referenced in the immediately preceding paragraph,

2

the Parties understand that the IRS specialist assigned to evaluate the offer in compromise is

3

actively reviewing the contents of the offer and intends to make a recommendation no later than

4

October 31, 2015.

5

10.

Thereafter, DOJ will evaluate the offer in light of the recommendation made by

6

the IRS specialist. The Parties understand that acceptance of the offer as to Mr. Blunt requires

7

DOJ’s approval, due to this pending litigation.

8
9
10

11.

Accordingly, the Parties wish to continue pursuing the offer in compromise and to

avoid any unnecessary litigation.
12.

Accordingly, the Parties wish to stay this case, including all discovery and

litigation, and all pending deadlines for an additional one hundred and twenty (120) days from

12
10001 Park Run Drive
Las Vegas, Nevada 89145
[phone] FAX: [phone]

MARQUIS AURBACH COFFING

11

entry of this order, pending resolution of Blunt’s offer in compromise.

13
14
15

13.

Good cause exists for the stay to prevent the time and expense to the Parties of

continuing litigation that may be rendered moot by resolution of the offer in compromise.
14.

On or before the expiration of one hundred and twenty (120) days from entry of

16

this order, the Parties will notify the Court of the status of the offer in compromise and present a

17

proposed amended scheduling order or alternative proposal for the Court’s consideration.

18

IT IS SO STIPULATED.

19
Dated this 8th day of September, 2015

Dated this 8th day of September, 2015

MARQUIS AURBACH COFFING

US DEPARTMENT OF JUSTICE

By: /s/ Candice E. Renka, Esq.
TERRY A. COFFING, ESQ.
Nevada Bar No. 4949
CANDICE E. RENKA, ESQ.
Nevada Bar No. 11447
10001 Park Run Drive
Las Vegas, NV 89145
Attorneys for Don Jay Blunt

By: /s/ Lindsay L. Clayton, Esq.
LINDSAY L. CLAYTON, ESQ.
Trial Attorney, Tax Division
P.O. Box 683, Ben Franklin Station
Washington, D.C. 20044-0683
Attorney for United States of America

20
21
22
23
24
25
26
27
28

Page 3 of 4
MAC:11637-005 2603878_1 9/8/2015 11:10 AM
13083767.1

Case 2:12-cv-02191-JAD-NJK Document 54 Filed 09/08/15 Page 4 of 4

1

Dated this 8th day of September, 2015

2

CHRISTOPHER G. GELLNER, P.C.

3
4
5
6
7

By: /s/ Christopher G. Gellner, Esq.
CHRISTOPHER G. GELLNER, ESQ.
Nevada Bar No. 2556
528 South Casino Center Blvd.
Third Floor
Las Vegas, NV 89101
Attorney for, Jennifer Diane Olivas aka
Jennifer Diane Pelligrino

8
ORDER

9

IT IS HEREBY ORDERED as follows:

10

1.

12
10001 Park Run Drive
Las Vegas, Nevada 89145
[phone] FAX: [phone]

MARQUIS AURBACH COFFING

11

deadlines are extended until one hundred and twenty (120) days after entry of this Order;
2.

13
14
15
16
17

This case, including all discovery and litigation, is stayed and all pending

No Parties may take any action in or in furtherance of this case, without leave of

this Court, other than as related to Blunt’s pending offer in compromise and resolution thereof;
and
3.

On or before the expiration of one hundred and twenty (120) days after entry of

this order, the Parties will notify the Court of the status of the offer in compromise.

18
___________________________________
UNITED STATES MAGISTRATE JUDGE
September 8, 2015
DATED: ___________________

19
20
21
22
23
24
25
26
27
28

Submitted by:
MARQUIS AURBACH COFFING
By: /s/ Candice E. Renka, Esq.
TERRY A. COFFING, ESQ.
Nevada Bar No. 4949
CANDICE E. RENKA, ESQ.
Nevada Bar No. 11447
10001 Park Run Drive
Las Vegas, Nevada 89145
Attorneys for Don Jay Blunt

Page 4 of 4
MAC:11637-005 2603878_1 9/8/2015 11:10 AM
13083767.1