United States of America v. Gould et al

Filing 85

ORDER granting Government's 83 Motion for Order to Appear or Plead by a Date Certain. The deadline for defendants Brookline Properties, Financial Concepts, Ltd., and Goldstar Enterprises, Inc. to file a responsive pleading or motion or otherwise appear in this action is 1/31/2019. Signed by Judge Thomas S. Zilly. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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UNITED STATES OF AMERICA,
Plaintiff,

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v.
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DAVID A. GOULD; JANE C. POLINDER;
BROOKLINE PROPERTIES; WHATCOM
COUNTY TREASURER; WASHINGTON
STATE DEPARTMENT OF SOCIAL AND
HEALTH SERVICES; FINANCIAL
CONCEPTS, LTD.; and GOLDSTAR
ENTERPRISES, INC.,

C16-1041 TSZ

ORDER

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Defendants.
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The Government’s motion, docket no. 75, for leave to serve by publication having
been granted, see Minute Order at ¶ 3 (docket no. 82), the Government’s request, docket
no. 83, for entry of an order to appear or plead by a date certain is GRANTED as follows:
(1)

In this action, the United States of America seeks inter alia to foreclose

federal tax liens on real property located at 6109 Evergreen Way, Ferndale, Washington
98248, which is legally described as
Lot 1, as delineated on Baycor Short Plat, according to the plat thereof,
recorded August 22, 2015, under the Auditor’s File No. 2050804879, records
of Whatcom County, Washington.
Situate in Whatcom County, Washington.
Assessor’s Tax Parcel No. 3902180470220000.

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ORDER - 1

1 In May 1998, defendant David A. Gould purported to transfer his interest in the real
2 property to defendant Brookline Properties, which is a trust. Mr. Gould and/or Brookline
3 Properties thereafter purported to transfer interests in the real property to defendants
4 Financial Concepts, Ltd. and/or Goldstar Enterprises, Inc. The deadline for defendants
5 Brookline Properties, Financial Concepts, Ltd., and Goldstar Enterprises, Inc. to file a
6 responsive pleading or motion or otherwise appear in this action is January 31, 2019. If
7 these defendants do not timely plead, move, or appear, they will be deemed in default,
8 and the Court will proceed to adjudicate their interests in the real property at issue. See
9 28 U.S.C. § 1655.
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(2)

The Government is DIRECTED to personally serve a copy of this Order, to

11 the extent practicable, on defendants Brookline Properties, Financial Concepts, Ltd., and
12 Goldstar Enterprises, Inc. The Government shall also arrange for a copy of this Order to
13 be published at least once each week for six consecutive weeks in newspapers and online
14 media outlets serving Ferndale and Whatcom County, including the Ferndale Record, the
15 Bellingham Herald, and the Lynden Tribune.
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(3)

The Government is further DIRECTED to personally serve a copy of this

17 Order on any person (other than defendant Jane C. Polinder) who is in possession or
18 charge of the real property located at 6109 Evergreen Way, Ferndale, Washington 98248.
19 See 28 U.S.C. § 1655. Ms. Polinder will be deemed to have been served with a copy of
20 this Order when notification of its filing is electronically transmitted to her counsel of
21 record.
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ORDER - 2

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(4)

The Government shall file with the Court a certification of service upon

2 completion of the requirements of Paragraphs 2 and 3, above.
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(5)

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IT IS SO ORDERED.

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Dated this 13th day of November, 2018.

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The Clerk is directed to send a copy of this Order to all counsel of record.

A

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Thomas S. Zilly
United States District Judge

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ORDER - 3