Nevada Association Services, Inc. v. Tumanan et al

Filing 67

ORDER granting 66 Motion to dismiss party based on the disclaimer of interest. Signed by Judge James C. Mahan on 12/22/2014. (Copies have been distributed pursuant to the NEF - DKJ)

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Case 2:14-cv-00733-JCM-NJK Document 66 Filed 12/17/14 Page 1 of 4 1 TAMARA W. ASHFORD Acting Assistant Attorney General 2 3 4 5 VIRGINIA CRONAN LOWE Trial Attorney, Tax Division U.S. Department of Justice P.O. Box 683 Ben Franklin Station Washington, D.C. 20044-0683 Telephone: (202) 307-6484 6 8 Of Counsel: DANIEL BOGDEN United States Attorney District of Nevada 9 Attorneys for the United States of America 7 10 IN THE UNITED STATES DISTRICT COURT 11 FOR THE DISTRICT OF NEVADA 12 NEVADA ASSOCIATION SERVICES, INC., a Nevada corporation, 13 Plaintiff, 14 v. 15 16 17 18 19 20 21 22 23 24 RAMON TUMANAN, an individual; CHARITY TUMANAN, an individual; REGISTRATION SYSTEMS, INC. “MERS” a corporation state of incorporation unknown; BANK OF AMERICA, N.A., a foreign corporation registered in Delaware; KEY BANK, N.A., a business organization form unknown and state of registration unknown; REPUBLIC MORTGAGE, LLC, a Nevada Limited Liability Company; U.S. BANK, N.A., c/o BAC HOME LOANS SERVICING, LP, on information and belief, a foreign limited partnership registered in Texas; REPUBLIC SERVICES, a business organization form unknown; UNITED STATES OF AMERICA, a public entity; and DOES 1-25, inclusive; Defendants. ) ) ) ) ) ) Civil No. 2:14-cv-00733 -JCM-NJK ) ) UNITED STATES’ DISCLAIMER OF INTEREST ) IN INTERPLEAD FUND, REQUEST FOR INTERPLED ) DISMISSAL AS A PARTY TO THIS ACTION, ) AND [Proposed] ORDER ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 25 The United States of America, by and through its undersigned counsel, sets forth the following: 26 1. Plaintiff brought this suit to interplead excess proceeds from the sale of real property located at 27 6342 Flotilla Ave, Las Vegas, NV, 89139, pursuant to a non-judicial trustee’s sale and to determine the 28 Case 2:14-cv-00733-JCM-NJK Document 66 Filed 12/17/14 Page 2 of 4 1 respective claims to the excess proceeds. 2 2. As set forth in the United States’ Answer and Claim (Doc. #9), a Notice of Federal Tax Lien was 3 recorded with the Clark County Recorder against Defendants Ramon Tumanan and Charity Tumanan for 4 federal income tax liabilities for the year 2007 on June 21, 2012. 5 6 3. The United States disclaims any interest in the interplead excess proceeds pursuant to the Notice of Federal Tax Lien set forth in paragraph 2, above. 7 8 4. Based on the forgoing disclaimer of interest, the United States respectfully requests that it be dismissed as a party from this action. Dated this 17th day of December, 2014. 9 10 11 TAMARA W. ASHFORD Acting Assistant Attorney General 12 /s/ Virginia Cronan Lowe VIRGINIA CRONAN LOWE Trial Attorney, Tax Division U.S. Department of Justice Post Office Box 683 Ben Franklin Station Washington, D.C. 20044 Telephone: (202) 307-6484 13 14 15 16 17 Of Counsel: DANIEL BOGDEN United States Attorney 18 19 20 21 IT IS SO ORDERED. 22 23 Dated: December 22, 2014 24 UNITED STATES DISTRICT JUDGE 25 26 27 28 -2- Case 2:14-cv-00733-JCM-NJK Document 66 Filed 12/17/14 Page 3 of 4 1 2 CERTIFICATE OF SERVICE 3 4 IT IS HEREBY CERTIFIED that service of the foregoing UNITED STATES’ DISCLAIMER 5 OF INTEREST IN INTERPLEAD FUND, REQUEST FOR DISMISSAL AS A PARTY TO THIS 6 ACTION, AND [Proposed] ORDER has been made this 17th day of December, 2014, by using the 7 Court’s CM/ECF system to: 8 9 Richard Vilkin Esq. at richard@vilkinlaw.com, vilkinlaw@cox.net 10 Steven G. Shevorski, Esq. at steven.shevorski@akerman.com 11 Diana S. Cline at diana@hkimlaw.com 12 Ariel E. Stern at ariel.stern@ackerman.com 13 Michael J. Lemcool at michaellemcool@gmail.com 14 15 16 /s/ Virginia Cronan Lowe VIRGINIA CRONAN LOWE Trial Attorney, Tax Division U.S. Department of Justice 17 18 19 20 21 22 23 24 25 26 27 28 -3- Case 2:14-cv-00733-JCM-NJK Document 66 Filed 12/17/14 Page 4 of 4

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