Carlson, Trustee of Entrust Retirement Trust, XV v. Vallerga et al

Filing 16

ORDER granting ECF No. 14 Motion to Dismiss. In light of Plaintiff's statement of non-opposition (ECF No. 15 ), it is ordered that the United States' Request for Dismissal as a Party to This Action (ECF No. 14 ) is granted. Signed by Judge Miranda M. Du on 7/10/2017. (Copies have been distributed pursuant to the NEF - PAV)

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DAVID A. HUBBERT
Acting Assistant Attorney General

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VIRGINIA CRONAN LOWE
Trial Attorney, Tax Division
U.S. Department of Justice
P.O. Box 683
Ben Franklin Station
Washington, DC 20044-0683
Tel.: [phone]
Fax: [phone]
[e-mail]

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Of Counsel:
STEVEN W. MYHRE
Acting United States Attorney
Counsel for the United States
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

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DWIGHT CARLSON, TRUSTEE OF
ENTRUST RETIREMENT TRUST, XV,

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Plaintiff,
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v.
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MICHAEL BERNARD VALLERGA;
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TERRI MARTIN; WELLS FARGO REALTY )
SERVICES, INC., A CALIFORNIA
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CORPORATION AS TRUSTEE UNDER
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TRUST NO. 520; UNITED STATES OF
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AMERICA, DEPARTMENT OF INTERNAL )
REVENUE SERVICES; COLLECTION
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SERVICES OF NEVADA; DISCOVER
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BANK; and DOES 1-20,
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Defendants.
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_______________________________________)

Civil No. 3:17-cv-00069 MMD-WGC

UNITED STATES’ DISCLAIMER OF
INTEREST, REQUEST FOR
DISMISSAL AS PARTY TO THIS
ACTION, AND [Proposed] ORDER

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The United States of America, by and through its undersigned counsel, sets forth the
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following:

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1. Plaintiff brought this suit to quiet title to certain real property located in the County of

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Washoe, State of Nevada, commonly known as 275 Shetland Circle, Reno, Nevada, Washoe

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County APN 078-161-01.

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2. As set forth in the United States’ Answer and Claim (Doc. #9), a Notice of Federal Tax

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Lien was recorded with the Washoe County Recorder against Terrilyn Martin for federal income

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tax liabilities for the year 2005 through 2007 on October 19, 2009.

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3. The United States disclaims any interest in the interplead excess proceeds pursuant to
the Notice of Federal Tax Lien set forth in paragraph 2, above.
4. Based on the forgoing disclaimer of interest, the United States respectfully requests
that it be dismissed as a party from this action.
Respectfully submitted this 8th day of June, 2017.
DAVID A. HUBBERT
Acting Assistant Attorney General

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/s/ Virginia Cronan Lowe
VIRGINIA CRONAN LOWE
Trial Attorney, Tax Division
U.S. Department of Justice

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Of Counsel:
STEVEN W. MYHRE
Acting United States Attorney

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Counsel for the United States

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IT IS SO ORDERED.

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Dated: July 10, 2017

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UNITED STATES DISTRICT JUDGE

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CERTIFICATE OF SERVICE

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IT IS HEREBY CERTIFIED that service of the foregoing UNITED STATES’
DISCLAIMER OF INTEREST, REQUEST FOR DISMISSAL AS PARTY TO THIS ACTION,
AND [Proposed] ORDER has been made this 8th day of June, 2017, by placing a true and correct
copy in the United States Mail, first class postage prepaid, addressed to the following:

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James M. Walsh, Esq.
Walsh, Baker & Rosevear
9468 Double R Blvd., Suite A
Reno, NV 89521
Counsel for Plaintiff
Terrilyn T. Martin
1702 Driftwood Drive
Sparks, NV 89431-3325
Micharl Bernard Vallerga
41612 Nottingham Circle
Sacramento, CA 95864
Collection Service of Nevada
R/A Roger S. Barbash
777 Forest Street
Reno, NV 89509
Discover Bank
R/A Corporation Trust Company of Nevada
701 S. Carson St. #200
Carson City, NV 89701
Wells Fargo Realty Services, Inc.
572 E. Green Street
Pasadena, CA 91101

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/s/ Virginia Cronan Lowe
VIRGINIA CRONAN LOWE
Trial Attorney, Tax Division
U.S. Department of Justice

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