FC Real Estate 3, LLC v. United States Department of the Treasury-Internal Revenue Service

Filing 48

ORDER Granting 47 Stipulation to Withdraw and Vacate Hearing re 44 Unopposed Motion to Withdraw As Attorney's Of Record. Signed by Magistrate Judge Nancy J. Koppe on 2/15/2019. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:18-cv-01018-RFB-NJK Document 47 Filed 02/15/19 Page 1 of 3

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Rodney S. Woodbury, Esq.
Nevada Bar No. 7216
WOODBURY LAW
50 S. Stephanie St., Ste., 201
Henderson, Nevada 89012
[phone]
[phone]
[e-mail]
Attorneys for Defendants
Clyde and Geneva Perkins Trust R-501,
Kathryn Ann Davis, and The
Gary D. Stewart and Debra J. Stewart
Revocable Living Trust

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

WOODBURY LAW

50 S. Stephanie Street, Suite 201
Henderson, Nevada 89012
[phone] Fax [phone]

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FC Real Estate 3, LLC, an Arizona limited
liability company,

Case No. 2:18-cv-01018-RFB-NJK

Plaintiff,

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vs.

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Clyde K. Perkins and Geneva M. Perkins, as
Trustees of the Clyde and Geneva Perkins
Trust R-501; Jonathan A. Hendricks, as
Trustee of the John A. Hendricks 1983
Living Trust; Kathryn Ann Davis; Julia
Marie Hutchings; Gary D. Stewart and Debra
J. Stewart, as Trustees of The Gary D.
Stewart and Debra J. Stewart Living Trust,
dated the 29th day of October, 1997; United
States Department of the Treasury–Internal
Revenue Service; and DOES I through X,
inclusive,

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STIPULATION AND
ORDER ALLOWING
WOODBURY LAW, LTD.
TO WITHDRAW ITS
MOTION TO WITHDRAW AS
ATTORNEYS OF RECORD
AND VACATING THE
HEARING ON THE SAME

Defendants.

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Plaintiff FC Real Estate 3, LLC (the “Plaintiff”), Defendant United States Department

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of the Treasury–Internal Revenue Service (“IRS”), and Defendants The Clyde and Geneva

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Perkins Trust R-501, Kathryn Ann Davis and The Gary D. Stewart and Debra J. Stewart

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Revocable Living Trust dated the 29th day of October, 1997 (collectively, the “Perkins

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Defendants”), by and through their undersigned counsel, and together with Woodbury Law,

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Ltd., hereby stipulate and agree to allow Woodbury Law, Ltd. to withdraw its Motion to

Case 2:18-cv-01018-RFB-NJK Document 47 Filed 02/15/19 Page 2 of 3

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Withdraw as Attorneys of Record for the Perkins Defendants (Docket No. 44) (the “Motion”)

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and to vacate the hearing on the Motion currently scheduled by the Court for February 19, 2019

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at 11:00 a.m. in Courtroom 3A (see Docket No. 45).

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Since the filing of the Motion and its service on the Perkins Defendants, the Perkins

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Defendants have re-established communication with Woodbury Law, withdrawn their request

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to terminate Woodbury Law, Ltd.’s services, and executed and delivered the pending settlement

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and release agreement by and among the parties to this action

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Accordingly, Plaintiff, the IRS, the Perkins Defendants, and Woodbury Law, Ltd.

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respectfully request that the Court accept Woodbury Law’s withdrawal of its Motion and that the

WOODBURY LAW

50 S. Stephanie Street, Suite 201
Henderson, Nevada 89012
[phone] Fax [phone]

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scheduled February 19, 2019 hearing on the Motion be vacated.
IT IS SO STIPULATED.

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Dated: February 14, 2019

Dated: February 14, 2019

FENNEMORE CRAIG, P.C.

DAYLE ELIESON
United States Attorney

/s/ Brenoch Wirthlin

/s/ Troy Flake

Brenoch Wirthlin, Esq.
Nevada Bar No. 10282
300 South Fourth Street, #1400
Las Vegas, Nevada 89101
Attorneys for Plaintiff

Troy Flake, Esq.
Assistant United States Attorney
501 Las Vegas Blvd. S., Suite 1100
Las Vegas, NV 89101
Attorneys for Defendant United States
Department of the Treasury–
Internal Revenue Service

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Case 2:18-cv-01018-RFB-NJK Document 47 Filed 02/15/19 Page 3 of 3

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Dated: February 14, 2019
WOODBURY LAW, LTD.

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WOODBURY LAW

50 S. Stephanie Street, Suite 201
Henderson, Nevada 89012
[phone] Fax [phone]

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/s/ Rodney S. Woodbury
_______________________________
Rodney S. Woodbury, Esq.
Nevada Bar No. 7216
50 S. Stephanie St., Suite 201
Henderson, Nevada 89012
For itself and as
Attorneys for Defendants
Clyde and Geneva Perkins Trust R-501,
Kathryn Ann Davis, and The
Gary D. Stewart and Debra J. Stewart
Revocable Living Trust

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IT IS SO ORDERED.
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Dated: February 15

, 2019.
__________________________________
United States Magistrate Judge

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