United States of America v. McKenna et al

Filing 27

ORDER granting ECF No. 26 Unopposed Motion to Stay. Signed by Judge Miranda M. Du on 8/2/2016. (Copies have been distributed pursuant to the NEF - KR)

Case 3:16-cv-00142-MMD-VPC Document 26 Filed 08/02/16 Page 1 of 3

1
2
3
4
5
6
7
8
9

PHILIP DOYLE
Trial Attorney, Tax Division
U.S. Department of Justice
P.O. Box 310
Ben Franklin Station
Washington, D.C. 20044-0683
Telephone: [phone]
BLAINE T. WELSH
HOLLY VANCE
Assistant United States Attorneys
District of Nevada
100 W. Liberty Street
Reno, Nevada 89501
[phone]
IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEVADA

10
UNITED STATES OF AMERICA,
11
12
13
14
15
16

)
)
Plaintiff,
)
)
v.
)
)
KENNETH J. MCKENNA, BANK OF
)
NEW YORK MELLON TRUST
)
COMPANY, N.A., etc., and WASHOE
)
COUNTY TREASURER,
)
)
Defendants.
)
___________________________________ )

Case No. 3:16-cv-00142-MMD-VPC
PLAINTIFF UNITED STATES OF
AMERICA’S UNOPPOSED MOTION
TO STAY ACTION

17
The United States of America moves the Court to stay this action in its entirety – both the
18
Government’s claim and the counterclaim/cross-claim filed by Bank of New York Mellon Trust
19
– because the United States and the taxpayer, Kenneth McKenna have entered into a settlement
20
of their dispute. The relevant terms of the settlement require McKenna to pay the United States a
21
sum certain within 90 days and, if he does that, the United States will dismiss this action
22
WITHOUT PREJUDICE. In the event McKenna does not make the required payment, the
23
United States will promptly file a motion for summary judgment.

-1-

Case 3:16-cv-00142-MMD-VPC Document 26 Filed 08/02/16 Page 2 of 3

1
2

Counsel for the United States has conferred with all other counsel in the case, and this
motion is unopposed.

3
4

WHEREFORE, the United States moves the Court to stay this action for 90 days.
Date: August 2, 2016

5
6

CAROLINE D. CIRAOLO
Assistant Attorney General

7
_/s/ Philip Doyle__________
PHILIP DOYLE
Trial Attorney, Tax Division
U.S. Department of Justice
P.O. Box 301
Ben Franklin Station
Washington, D.C. 20044-0683
Telephone: [phone]
Email: [e-mail]

8
9
10
11
12

14

Of Counsel:
BLAINE T. WELSH
HOLLY VANCE
Assistant United States Attorneys

15

Attorneys for the United States of America

13

16
CERTIFICATE OF SERVICE
17
18
19

It is hereby certified that service of the foregoing Plaintiff United States of America’s
Unopposed Motion to Stay Action has been made on August 2, 2016, to the following:
•

By ECF notification:

20
21
22
23

Jacob D. Bundick
Whitney Welch
Greenberg Traurig, LLP
3773 Howard Hughes Parkway
Suite 400
Las Vegas, NV 89169
Attorney for Bank of New York Mellon Trust

-2-

Case 3:16-cv-00142-MMD-VPC Document 26 Filed 08/02/16 Page 3 of 3

1

Michael Large
Washoe County District Attorney
P.O. Box 11130
Reno, NV 89520
Attorney for Washoe County Treasurer

2
3
4
•

By First Class U.S. mail:

5
6

Kenneth McKenna, Esq.
544 West First Street
Reno, Nevada 89503

7
8

/s/ Philip Doyle______
PHILIP DOYLE
Trial Attorney

9
10
11

IT IS SO ORDERED.

12
13

August 2, 2016
Dated: _________________

______________________
U.S. District Judge

14
15
16
17
18
19
20
21
22
23

-3-