UNITED STATES OF AMERICA v. CARDACI et al

Filing 47

ORDER granting in part and denying in part 27 Motion for Summary Judgment ; granting 27 Motion for Default Judgment as to Defendants Ed Wood Custom Drywall, Inc., and Tri-County Building Supplies, Inc.. ORDERED that judgment is entered ag ainst Defendant Gary Cardaci in the amount of $80,084.87. ORDERED that Defendants Gary and Beverly Cardaci's 33 cross- motion for summary judgment is DENIED in part with prejudice as to the dismissal of Count III; and it is further OR DERED that Defendants' cross-motion for summary judgment is DENIED in part without prejudice as to prohibiting a forced sale of the property; ORDERED that counsel shall appear for a final scheduling conference on a date to be set by the Honorable Ann Marie Donio, and the date for the final hearing shall be set before the undersigned on 1/31/2014 at 1:30 p.m.. Signed by Chief Judge Jerome B. Simandle on 10/29/2013. (tf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

UNITED STATES OF AMERICA,
Plaintiff,

HON. JEROME B. SIMANDLE
Civil No. 12-5402 (JBS/AMD)

v.
ORDER
GARY S. CARDACI, et al.,
Defendants.

This matter having come before the Court on cross-motions
for summary judgment [Docket Items 27 & 33] and the government’s
motion for default judgment [Docket Item 27]; the Court having
considered the submissions of the parties and having heard oral
argument; for the reasons explained in the Opinion of today’s
date; and for good cause shown;
IT IS this

29th

day of

October

, 2013, hereby

ORDERED that the government’s motion for summary judgment is
GRANTED in part as to the adequacy of the assessment procedures;
and it is further
ORDERED that judgment is entered against Defendant Gary
Cardaci for a Trust Fund Recovery Penalty for the four quarters
of 2000 and the first quarter of 2001, in the amount of
$80,084.87, as of February 12, 2013, plus interest accruing after
that date; and it is further
ORDERED that the government’s motion for summary judgment is
DENIED in part without prejudice as to forcing a sale of the

property; and it is further
ORDERED that Defendants Gary and Beverly Cardaci’s crossmotion for summary judgment is DENIED in part with prejudice as
to the dismissal of Count III; and it is further
ORDERED that Defendants’ cross-motion for summary judgment
is DENIED in part without prejudice as to prohibiting a forced
sale of the property; and it is further
ORDERED that the government’s motion for default judgment is
GRANTED against Defendants Ed Wood Custom Drywall, Inc., and TriCounty Building Supplies, Inc.; these Defendants have no interest
in the Cardaci property and are not entitled to any distributions
or other payment derived from the value of the property; and it
is further
ORDERED that counsel shall appear for a final scheduling
conference on a date to be set by the Honorable Ann Marie Donio,
and the date for the final hearing shall be set before the
undersigned on January 31, 2014 at 1:30 p.m.

s/ Jerome B. Simandle
Jerome B. Simandle
Chief U.S. District Judge

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