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: (202) 514-9673
BLAINE T. WELSH
HOLLY VANCE
Assistant United States Attorneys
District of Nevada
100 W. Liberty Street
Reno, Nevada 89501
(775) 784-5438
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: (202) 514-9673
Email: Philip.a.doyle@usdoj.gov
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-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?