UNITED STATES OF AMERICA v. SCUGOZA et al

Filing 8

ORDER on informal application directing deft. Country Bank to provide the pltf. with the factual record upon which it will rely in support of its motion for summary judgment, etc.. Signed by Magistrate Judge Patty Shwartz on 07/18/2011. (nr, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
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Plaintiffs,
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v.
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JOSEPH G. SCUGOZA, et al.
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Defendants.
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UNITED STATES OF AMERICA,

Civil Action No. 11-618 (FSH)

ORDER ON INFORMAL
APPLICATION

This matter having come before the Court by way of letter dated July 14, 2011, regarding
defendant Country Bank's request for leave to file a motion for summary judgment;
and the Court having conducted a telephone conference on the record on July 18, 2011;
and the Court being advised that defendant Scugoza has not entered an appearance;
and the Court being further advised that the plaintiff and defendant Country Bank do not
believe any discovery will be needed to resolve the core claim between them in this case, namely
whether the federal tax lien or the bank's lien has priority;
and for the reasons discussed during the telephone conference;
IT IS ON THIS 18th day of July, 2011
ORDERED that, no later than July 26, 2011, defendant Country Bank shall provide the
plaintiff with the factual record upon which it will rely in support of its motion for summary
judgment;
IT IS FURTHER ORDERED that, no later than August 2, 2011, the plaintiff shall notify

the Court and defendant Country Bank if discovery is needed to respond to the motion for
summary judgment. If the plaintiff represents that no discovery is needed, then the motion for
summary judgment shall be filed no later than August 19, 2011. The response shall filed no later
than September 6, 2011 and the reply shall be filed no later than September 12, 2011. The
return date shall be September 19, 2011 before the Hon. Faith S. Hochberg. Her Honor's
Chambers will notify the parties if oral argument will be required. If the plaintiff indicates that
discovery is needed, then it shall request a telephone conference to discuss the discovery needed;
and
IT IS FURTHER ORDERED that if defendant Scugoza enters an appearance, then the
parties shall request a conference.

s/Patty Shwartz
UNITED STATES MAGISTRATE JUDGE