United States v. Ochescu et al

Filing 17

ORDER Granting Plaintiff's 16 Motion Regarding Service by Publication. Signed by Magistrate Judge George Foley, Jr on 3/21/2016. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:15-cv-02424-APG-GWF Document 16 Filed 03/18/16 Page 1 of 4

CAROLINE D. CIRAOLO
Acting Assistant Attorney General
E. CARMEN RAMIREZ
Trial Attorney, Tax Division
U.S. Department of Justice
P.O. Box 683, Ben Franklin Station
Washington, D.C. 20044
[e-mail]
Tel.: [phone]
Fax: [phone]
Of Counsel:
DANIEL BOGDEN
United States Attorney
Counsel for the United States

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEVADA

UNITED STATES OF AMERICA,

)
)
)
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
CONSTANTIN OCHESCU,
LILIANA COSMA,
DITECH FINANCIAL LLC, and
REPUBLIC SERVICES, INC.,

Case No.: 2:15-cv-02424-APG-GWF

Defendants.
_______________________________________

UNITED STATES’ MOTION REGARDING SERVICE BY PUBLICATION

1

Case 2:15-cv-02424-APG-GWF Document 16 Filed 03/18/16 Page 2 of 4

This is a civil action that seeks to reduce federal income tax assessments to judgment and
to foreclose on certain real property to help satisfy the judgment. On March 14, 2016, the Court
granted the United States’ request for permission to serve defendants Constantin Ochescu and
Liliana Cosma by publication, in accordance with Nevada Rule of Civil Procedure 4(e). (See
Dkt. 13) That rule permits service by “publication of summons”. The Court’s Order directed
the United States to publish a copy of the Summons and the Complaint at least once a week for
four weeks in the Nevada Legal News.
After consultation with the Nevada Legal News, the United States has learned that it
would be costly to publish the entire Complaint. Counsel understands that it is common practice
to publish a copy of the Summons and a brief description of the Complaint, as described in
Nevada Rule of Civil Procedure 4(b).
REQUEST FOR RELIEF
The United States respectfully requests that the Court permit service by publishing the
Summons and the notice attached here as Exhibit A (or a document substantially similar thereto),
rather than the complete Complaint.

DATED this 18th day of March, 2016
Respectfully submitted,
CAROLINE D. CIRAOLO
Acting Assistant Attorney General
/s/ E. Carmen Ramirez
2

Case 2:15-cv-02424-APG-GWF Document 16 Filed 03/18/16 Page 3 of 4

E. CARMEN RAMIREZ
Trial Attorney, Tax Division
U.S. Department of Justice
P.O. Box 683
Ben Franklin Station
Washington, D.C. 20044
Tel.: [phone]
Fax: [phone]
Email: [e-mail]
Of Counsel:
DANIEL BOGDEN
United States Attorney
Counsel for the United States

IT IS SO ORDERED:
__________________________________
UNITED STATES DISTRICT JUDGE,
GEORGE FOLEY, JR.
United States Magistrate Judge
DATED: _____________
DATED: March 21, 2016

3

Case 2:15-cv-02424-APG-GWF Document 16 Filed 03/18/16 Page 4 of 4

CERTIFICATE OF SERVICE
IT IS HEREBY CERTIFIED that service of the foregoing is made this 18th day of
March, 2016 on the following parties, by the following means:
By U.S. Mail:
Constantin Ochescu
8064 Cetus Circle
Las Vegas, NV 89128
(with copy of Complaint and Summons)
Liliana Cosma
8064 Cetus Circle
Las Vegas, NV 89128
(with copy of Complaint and Summons)
Ditech Financial, LLC
c/o The Corporation Trust Company of NV
701 S. Carson Street Suite 200
Carson City, NV 89701
By ECF:
Republic Silver State Disposal, Inc. d/b/a Republic Services, Inc.
c/o Donald H. Williams
Williams & Associates
612 South Tenth St.
Las Vegas, NV 89101
/s/ E. Carmen Ramirez
E. CARMEN RAMIREZ
Trial Attorney, Tax Division
U.S. Department of Justice

4

Case 2:15-cv-02424-APG-GWF Document 16-1 Filed 03/18/16 Page 1 of 2

EXHIBIT A

Case 2:15-cv-02424-APG-GWF Document 16-1 Filed 03/18/16 Page 2 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEVADA
UNITED STATES OF AMERICA,
Plaintiff,

)
)
)
)
)
)
)
)
)
)
)
)

v.
CONSTANTIN OCHESCU,
LILIANA COSMA,
DITECH FINANCIAL LLC, and
REPUBLIC SERVICES, INC.,

Case No.: 2:15-cv-02424-APG-GWF

Defendants.
_______________________________________

NOTICE REGARDING
COMPLAINT TO REDUCE FEDERAL INCOME TAX ASSESSMENTS TO
JUDGMENT AND TO FORECLOSE FEDERAL TAX LIENS
The United States of America hereby notifies defendants Constantin Ochescu and Liliana
Cosma that it has filed suit against them in the United States District Court for the District of
Nevada. This action is brought to obtain a judgment against Mr. Ochescu, and to foreclose on
real property located at 8064 Cetus Circle, Las Vegas, NV 89128, which the United States
alleges that Ms. Cosma holds as Mr. Ochescu’s nominee. The property is a 1232 sq. ft. single
family home on a 0.10 acre lot, and is more particularly described as follows:
LOT ELEVEN (11) IN BLOCK ONE (1) OF CIMARRON
RIDGE UNIT 1, AS SHOWN BY MAP THEREOF ON FILE IN
BOOK 57 OF PLATS, PAGE 65 IN THE OFFICE OF THE
COUNTY RECORDER OF CLARK COUNTY, NEVADA
For more information, contact the following counsel:
E. Carmen Ramirez
U.S. Department of Justice, Tax Division
P.O. Box 683, Ben Franklin Station
Washington, D.C. 20044
Tel.: [phone]