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01-2301 - USA v. Padilla, et al


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01-2301 - USA v. Padilla, et al
June 7, 2005
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MEMORANDUM OF OPINION and ORDER signed by Judge David F. Levi on 6/6/2005. 131 Motion for Partial Summary Judgment is GRANTED as to the issue of attachment of a tax lien to Padilla's interest in the property, by DENIED as to issue of existence and superiority of Patino's liens. The Motion for Summary Judgment on Count 1 is GRANTED. (Marciel, M)
January 31, 2006
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ORDER signed by Judge David F. Levi on 1/31/06 ORDERING that plaintiff's 155 Request for leave to file its second amended complaint is GRANTED and the Clerk is directed to file USA's second amended complaint.(Caspar, M)
February 27, 2006
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FIRST AMENDED STIPULATION and ORDER 171 between US and State of CA Franchise Tax Board signed by Judge David F. Levi on 2/24/06. (see Order for details of assessments) US and FTB to bear their costs, including any possible attorney's fees or other expenses of this litigation. The FTB is DISMISSED from this action. (Marciel, M)
March 7, 2006
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STIPULATION and ORDER Service Bureau disclaims any and all claims against the real property at issue in this action and acknowledges that it has no right to participate in further proceedings concerning this action or to share in any moneys that may be awarded 174; Service Bureau is hereby dismissed from this action. the US and Service Bureau are to bear their own respective costs incurred in this action, including any attys' fees or costs. signed by Judge David F. Levi on 3/7/2006. (Reader, L)
April 11, 2006
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MEMORANDUM, OPINION and ORDER signed by Judge David F. Levi on 4/11/2006; DENIES without prejudice MOTION to Enforce Settlement Agreement by USA 167, and instructs the gov't to prepare a foreclosure order that provides for theappointment of a trustee who will be afforded a reasonable period of time to sell the property.(Reader, L)
April 24, 2006
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ORDER OF SALE OF THE NATOMAS PROPERTY AND STIPULATION BETWEEN THE US AND JULIE PADILLA signed by Judge David F. Levi on 4/21/06. It is hereby ordered and adjudged that the Natomas property, in its entirety, shall be marketed for sale within 45 days of the issuance of this order; William Farley is appointed as the trustee to market and sell the Natomas property; all reasonable offers the trustee receives shall be forwarded to the IRS for its review; and any sale shall be subject to confirmation by this Court; the proceeds generated from the sale of the property shall be distributed as detailed in this order. Upon confirmation of the sale by the Court and distribution of the sale proceeds, the US will dismiss this action with prejudice. It is hereby ordered and adjudged that if the property is not sold within 210 days of this order, that Julie Padilla agrees that the US is entitled to relief as set forth in its Motion to Enforce its Settlement Agreement and For an Order of Foreclousre ("Enforcement Motion") filed on 2/21/06. See order for further details. (Kastilahn, A)
July 6, 2006
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ORDER signed by Judge David F. Levi on 7/6/2006 GRANTING 198 Amendment to Order of Sale of the Natomas Property as to J. Leonard Padilla and Julie Padilla. The Court has removed the reference to Farley as "trustee" on the view that this creates ambiguity.(Reader, L)
August 18, 2006
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ORDER re 202 Request filed by USA signed by Judge David F. Levi on 8/18/06 ORDERING that the minute order entered on 8/9/06 is amended to allow the USA to state any objections to the proposed sale by 8/25/06. (Kastilahn, A)
August 23, 2006
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STIPULATION and ORDER 207 signed by Judge David F. Levi on 8/22/2006 ORDERING Dft State of California Franchise Tax Board is hereby DISMISSED from this action. The US and Franchise Tax Board are to bear their own respective costs incurred in this action, including any attorneys' fees and costs. This Stipulation supersedes any previous stipulation entered into by the US and Franchise Tax Board in this action. (Reader, L)
August 28, 2006
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ORDER signed by Judge David F. Levi on 8/25/06 APPROVING the sale of the Natomas Property. William Farley is PERMITTED to complete the sale of the Natomas Property and shall deposit $3,300,000.00 from the proceeds of the sale with Placer Title Company. The sale shall not be complete unless the proceeds and an additional contribution by J. Leonard Padilla or Julie Padilla, if required, fully satisfy the United States' claim against them.(Donati, J)
November 14, 2006
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STIPULATION and ORDER re 215 signed by Judge David F. Levi on 11/14/06 ORDERING that Placer Title Co shall deposit the $100,000 non-refundable deposit with the Court's Registry. The $100,000.00 shall be distributed and set forth in the Order of Sale once the Natomas property is sold and confirmed by this Court. The time for J. Leonard Padilla and Julie Padilla to sell the Natomas property is extended to 2/23/07. No further extensions shall be granted.(Kastilahn, A)
June 1, 2007
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MEMORANDUM of OPINION and ORDER: The government's motion for final judgment and order of foreclosure is GRANTED 225. The court will sign the governments proposed order. Julies motion for sale is DENIED 227, and Leonards counterclaim is DISMISSED; signed by Judge David F. Levi on 6/1/07. (Kaminski, H).
June 1, 2007
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FINAL JUDGMENT AND ORDER OF FORECLOSURE signed by Judge David F. Levi on 6/1/07. (Kaminski, H)
July 9, 2008
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ORDER by Chief Judge Anthony W. Ishii; Due to the recent appointment of Judge John A. Mendez to the bench of the Eastern District, this action is REASSIGNED from Judge David F. Levi to Judge John A. Mendez for all further proceedings. (Donati, J)
August 22, 2008
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ORDER granting 241 Motion to Confirm Sale signed by Judge John A. Mendez on 8/21/08. (Kaminski, H)
September 2, 2008
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ORDER signed by Judge John A. Mendez on 08/29/08 ORDERING that, pursuant to 242 Stipulation, the Clerk is ordered to disburse the $2,100,000.00 deposited from the sale of property as detailed in the order (cc: Financial). (Benson, A)