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13-2158 - United States of America v. Huckaby et al


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13-2158 - United States of America v. Huckaby et al
May 30, 2014
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ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 5/30/2014 ORDERING that the hearing on plaintiff's 8 motion for sanctions is CONTINUED to 6/18/2014 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. Defendants shall SHOW CAUSE, in writing, no later than 6/11/2014, why sanctions should not be imposed for failure to timely file an opposition or a statement of non-opposition to the pending motion. Defendants shall file an opposition to the motion, or a statement of non-opposition thereto, no later than 6/11/2014. Failure of defendants to file an opposition to the motion may be deemed a statement of non-opposition thereto, and may result in a recommendation that defendants' answers be stricken and default be entered. (Zignago, K.)
June 18, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 6/18/2014 ORDERING that 8 Motion to Compel is GRANTED in PART, and Motion for Sanctions are GRANTED; As stated on the record, plaintiffs motion to compel is granted in part. Defendant Robert Huckaby shall provide responses by facsimile to plaintiffs first set of nterrogatories and requests for production of documents by close of business June 18, 2014. Further, Robert Huckaby, and not his clients, is ordered to pay the United States the reasonable expenses incurred in bringing its motion. See Fed. R. Civ. P. 37(a)(5)(A) (if a motion to compel is granted, the court must require the party whose conduct necessitated the motion to pay the movants reasonable expenses incurred in making the motion); Mr. Huckaby is SANCTIONED in the amount of $300 for his failure to comply with this court's local rules. This sum shall be paid to the Clerk of the Court no later than thirty days from the date of this order. Mr. Huckaby shall file an affidavit accompanying the payment of this sanction which states that it is paid personally by him, out of personal funds, and is not and will not be billed, directly or indirectly, to his clients or in any way made the responsibility of his clients as attorneys' fees or costs. (Zignago, K.) Modified docket text on 6/18/2014 (Waggoner, D).
July 24, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 7/23/14 ORDERING that within 14 days of this order, Robert Huckaby shall reimburse the United States for the reasonable expenses incurred in making its motion to compel, ECF No. 8, in the amount of $2,632.53. (Kastilahn, A)
May 27, 2015
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ORDER signed by Chief Judge Morrison C. England, Jr on 5/26/15 ORDERING the Joint Application to Extend Dispositive Motions Deadline is hereby granted; and the deadline to hear dispositive motions is hereby extended by 7 days until July 23, 2015. (Becknal, R)
March 30, 2016
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MEMORANDUM and ORDER signed by Chief Judge Morrison C. England, Jr. on 03/30/16 DENYING as to Defendant Hunt's liability as to the Third Claim for Relief, but otherwise GRANTING in its entirety 30 Motion for Summary Judgment. Judgment against Defendant Huckaby in the amount of $35,719.36, plus statutory interest and other additions running from 6/15/15, as alleged in the First Claim; against Defendant Huckaby in the additional amount of $17,859.68, including statutory interest and other additions running from 6/15/15, as alleged in the Second Claim; against Defendant Huckaby for fraudulently transferring assets, as alleged in the Third Claim; and against Defendant Huckaby and Defendant Hunt for tortious conversion of assets, as alleged in the Fourth Claim. CASE CLOSED. (Jackson, T)
March 30, 2018
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ORDER signed by District Judge Morrison C. England, Jr on 3/29/18 GRANTING Motion for entry of final judgment and for dismissal of outstanding claims 42. Any outstanding claims against Defendant Gregory Hunt regarding the United States' Third Claim for Relief (Setting Aside Fraudulent Transfers) as set forth in the Court's order dated 3/30/16 are hereby DISMISSED. The Court directs the Clerk of Court to enter final judgment in favor of the United States and (1) against Defendant Robert Huckaby in the amount of $ 35,719.36 plus statutory interest and other additions running from 6/15/15, for his failure to honor IRS levies pursuant to 26 U.S.C. § 6332(d)(1); (2) against Defendant Robert Huckaby in the additional amount of $17,859.68, including statutory interest and other additions running from 6/15/15, for failure to honor said levy without reasonable cause pursuant to 26 U.S.C. § 6332(d)(2);(3) against Defendant Robert Huckaby in the amount of $ 35,719.36 plus statutory interest and other additions running from 6/15/15, for fraudulently transferring assets belonging to Defendant Action pursuant to California Civil Code § 3439.04 as alleged in the Third Claim for Relief; and (4) against Defendant Robert Huckaby and Defendant Gregory Hunt for tortious conversion of assets belonging to Defendant Action Construction Co. in the amount of $35,719.36 plus statutory interest and other additions running from 6/15/15, as alleged in the Fourth Claim for Relief. The Clerk of Court is hereby directed to enter an Amended Judgment in accordance with this Order that supersedes the original Judgment filed in this matter on 3/30/16. (Mena-Sanchez, L)