United States of America v. Wight et al

Filing 33

ORDER granting Plaintiff's 28 Motion to Strike Affirmative Defense for Lack of Jurisdiction. The Court STRIKES Defendant Marjorie Wight's innocent spouse defense. Signed by U.S. District Judge John C Coughenour. (TH)

Download PDF
THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 UNITED STATES OF AMERICA, 10 Plaintiff, ORDER v. 11 12 CASE NO. C17-1556-JCC MARJORIE WIGHT, et al., 13 Defendants. 14 15 This matter comes before the Court on Plaintiff’s motion to strike Plaintiff’s innocent 16 spouse affirmative defense (Dkt. No. 28). Having thoroughly considered the parties’ briefing and 17 the relevant record, the Court GRANTS the motion for the reasons explained herein. 18 The Government filed a complaint with this Court seeking to foreclose a federal tax lien 19 against Defendant Marjorie Wight using property located in Kenmore, Washington. (Dkt. No. 1 20 at 3.) The Government alleges Defendant fraudulently transferred the property, which she 21 received from her sister’s estate, to her nephew in order to obstruct the Government’s efforts to 22 enforce its 2001 judgement. (Id. at 2.) In answering the Government’s complaint, Defendant 23 alleged she was an innocent spouse and qualified for the relief afforded by 26 U.S.C. section 66. 24 (Dkt. No. 18 at 6–7.) The Government moves to strike this affirmative defense because this 25 Court lacks subject matter jurisdiction to hear this defense. (Dkt. No. 28). Defendant failed to file 26 a response in opposition, which the Court views as an “admission that the motion has merit.” ORDER C17-1556-JCC PAGE - 1 1 2 W.D. Wash. Local Civ. R. 7(b)(2). Therefore, the Court GRANTS Plaintiff’s motion (Dkt. No. 28). The Court STRIKES 3 Defendant Marjorie Wight’s innocent spouse defense. 4 DATED this 7th day of February 2018. A 5 6 7 John C. Coughenour UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER C17-1556-JCC PAGE - 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?