United States of America v. Kraus

Filing 22

ORDER by Judge Benjamin H. Settle granting 18 Motion for Leave to File Amended Complaint; granting 19 Motion to Vacate and Reset Deadlines. FRCP 26f Conference Deadline is 4/14/2017, Initial Disclosure Deadline is 4/28/2017, Joint Status Report due by 5/7/2017.(TG; cc mailed to defendant)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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4 UNITED STATES OF AMERICA,
Plaintiff,

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DORAN R. KRAUS,
Defendant.

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ORDER GRANTING
PLAINTIFFS’ MOTIONS

v.

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CASE NO. C16-5449BHS

This matter comes before the Court on Plaintiff United States of America’s motion

10 to amend complaint (Dkt. 18) and motion to vacate and reset initial scheduling deadlines
11 (Dkt. 19). The Court has considered the pleadings filed in support of and in opposition to
12 the motions and the remainder of the file and hereby grants the motions for the reasons
13 stated herein.
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I. PROCEDURAL HISTORY

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On June 8, 2016, the Government filed a complaint against Defendant Doran

16 Kraus (“Kraus”) to reduce tax assessments to judgment. Dkt. 1.
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On December 14, 2016, the Government filed a motion to amend the complaint to

18 add additional assessments against Kraus and add parties that may have an interest in the
19 subject property. Dkt. 18. On December 15, 2016, the Government filed a motion to
20 vacate and reset the initial deadlines. Dkt. 19. On December 23, 2016, the Clerk
21 received notice from Kraus that he reserves all his rights and does not recognize the
22 existence of the federal government. Dkt. 20.

ORDER - 1

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II. DISCUSSION
At this point of the proceeding, “a party may amend its pleading only with the

3 opposing party’s written consent or the court’s leave. The court should freely give leave
4 when justice so requires.” Fed. R. Civ. P. 15(a)(2).
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In this case, the Government has shown that leave to amend is warranted. Adding

6 the additional claims against Kraus would avoid duplicative litigation, and the additional
7 parties must be named in this proceeding. 26 U.S.C. § 7403(b). Accordingly, the Court
8 grants the motion.
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Regarding the initial scheduling dates, the Court grants extensions for good cause.

10 The Government has shown that good cause exists to afford the added parties the
11 opportunity to participate in the initial conferences. Accordingly, the Court grants the
12 Government’s motion.
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III. ORDER

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Therefore, it is hereby ORDERED that the Government’s motion to amend

15 complaint (Dkt. 18) and motion to vacate and reset initial scheduling deadlines (Dkt. 19)
16 are GRANTED. The Government shall file the amended complaint as a new entry on
17 the electronic docket as soon as practicable.
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Dated this 26th day of January, 2017.

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2