The State of Nevada v. United States Department of the Treasury - Internal Revenue Service

Filing 104

ORDER. IT IS HEREBY ORDERED that 75 Defendants' Motion to Withdraw Funds on Deposit is GRANTED. IT IS FURTHER ORDERED that the Clerk of the Court shall prepare a check for the $167,000.00 in funds on deposit, along with any interes t accrued on said funds since their deposit, within fourteen (14) days of the date of this Order with the check made payable to "American Commonwealth Mortgage". Signed by Magistrate Judge George Foley, Jr on 4/10/17. (Copies have been distributed pursuant to the NEF - cc: Finance - MR)

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611 SOUTH 6TH STREET
LAS VEGAS, NEVADA 89101
PHONE [phone]
FACSIMILE [phone]

LAW OFFICES OF BRIAN C. PADGETT

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UNITED STATES DISTRICT COURT
CLARK COUNTY, NEVADA
*****
THE STATE OF NEVADA, on relation of its
Department of Transportation,

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Plaintiff
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vs.
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DARRELL E. JACKSON, et al., a married man;
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THOMAS M. STRAWN, JR., a married man;
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ANDREW S. LEVY, a married man; DAVIDSON )
INVESTMENTS LIMITED PARTNERSHIP, a
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Nevada limited partnership; JOHN W. BOYER, a )
married man; MICHAEL ALEXANDER, Trustee of )
the MICHAEL ALEXANDER LIVING TRUST;
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NEVADA TITILE COMPANY, a Nevada
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corporation; L. S. ENTERPRISES, INC., a Nevada )
corporation d/b/a American Commonwealth
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Mortgage Co.; EAGLEMARK SAVINGS BANK, a )
Nevada corporation; STATE OF NEVADA,
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DEPARTMENT OF EMPLOYMENT, TRAINING )
& REHABILITATION, EMPLOYMENT
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SECURITY DIVISION; UNITED STATES
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DEPARTMENT OF THE TREASURY –
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INTERNAL REVENUE SERVICE; CITY OF LAS )
VEGAS; CLARK COUNTY, a political subdivision )
of the State of Nevada; and all other persons
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unknown claiming any right title, estate, lien or
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interest in the real property described in the
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Complaint,
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Defendants.
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__________________________________________ )

CASE NO.: 2:16-cv-665-APG-GWF
ORDER GRANTING MOTION TO
WITHDRAW FUNDS ON DEPOSIT

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This matter is before the Court on Defendants DAVIDSON INVESTMENTS LIMITED
PARTNERSHIP, JOHN W. BOYER, MICHAEL ALEXANDER, Trustee of the MICHAEL
ALEXANDER LIVING TRUST; L.S. ENTERPRISES, INC. (collectively “moving Defendants”)’s
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611 SOUTH 6TH STREET
LAS VEGAS, NEVADA 89101
PHONE [phone]
FACSIMILE [phone]

LAW OFFICES OF BRIAN C. PADGETT

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Motion to Withdraw Funds on Deposit (ECF No. 75). Plaintiff, the STATE OF NEVADA, on
relation of its Department of Transportation, (“NDOT”) filed a Provisional Non-Opposition (ECF
No. 85). Defendant, UNITED STATES (“IRS”) filed a Response (ECF No. 90).
The Court, having considered the pleadings and papers on file herein, as well as the parties’
oral arguments, finds that withdrawal of the $167,000.00 in funds by the moving Defendants is
appropriate. The parties agree, and the Court finds, that these funds specifically correlate to the value
of the real property that is the subject of this condemnation action. The parties further agree that
neither the IRS nor any other party is waiving the right to pursue recovery of any funds subsequently
deposited or otherwise awarded pursuant to any condemnation award or settlement in this matter.
Therefore, good cause appearing,
IT IS HEREBY ORDERED that Defendants’ Motion to Withdraw Funds on Deposit (ECF
No. 75) is GRANTED.
IT IS FURTHER ORDERED that the Clerk of the Court shall prepare a check for the
$167,000.00 in funds on deposit, along with any interest accrued on said funds since their deposit,
within fourteen (14) days of the date of this Order with the check made payable to “American
Commonwealth Mortgage”.
April
10th
Dated this _______ day of ____________, 2017.

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____________________________________
George W. Foley
United States Magistrate Judge

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Respectfully submitted by:
Law Offices of Brian C. Padgett
By: /s/ Amy L. Sugden
Amy L. Sugden
Law Offices of Brian C. Padgett
611 South Sixth Street
Las Vegas, Nevada 89101

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Attorneys for Defendants Darrell E. Jackson,
Thomas M. Strawn, Jr., Andrew S. Levy,
Davidson Limited Partnership, John W. Boyer,
Michael Alexander, L.S. Enterprises, Inc.
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