United States of America v. Kivett et al

Filing 37

ORDER GRANTING JOINT MOTION TO DISMISS MTC FINANCIAL INC. D.B.A. TRUSTEE CORPS; granting ECF No. 36 Motion to Dismiss. Party MTC Financial Inc is TERMINATED. Signed by Senior Judge Lonny R. Suko. (TR, Case Administrator)

FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Sep 06, 2016

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SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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UNITED STATES OF AMERICA,

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Plaintiff,

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v.
WILLIAM E. KIVETT, JR. a.k.a.
WILLIAM E. KIVETT, et al.,
Defendants.

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Case No. 1:15-CV-03122-LRS

ORDER GRANTING JOINT
MOTION TO DISMISS MTC
FINANCIAL INC. D.B.A. TRUSTEE
CORPS

This is an action brought by the United States seeking to reduce to judgment

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federal income tax assessments and to foreclose related federal tax liens. The United
States named MTC Financial, Inc. D.B.A. Trustee Corps (“MTC”) as a Defendant
pursuant to 26 U.S.C. § 7403(b) which requires that “all persons having liens upon

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or claiming any interest in the property involved in [an action to enforce a lien of the

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United States] shall be made parties thereto.” MTC disclaims all interest in the

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property involved. (ECF No. 9, 36).
ACCORDINGLY, the United States and MTC’s Joint Motion for Dismissal
of MTC as a party (ECF No. 36) is GRANTED.

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As there are no pending claims against MTC Financial, MTC, there is no need
for the dismissal to be with or without prejudice.

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ORDER - 1

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The Clerk of the Court is directed to TERMINATE MTC Financial as a
Defendant.

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DATED this 6th day of September, 2016.
s/Lonny R. Suko
____________________________________
LONNY R. SUKO
SENIOR U.S. DISTRICT COURT JUDGE

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ORDER - 2