United States of America v. Barker et al
Plaintiff: United States of America
Defendant: Randy Kent Barker, Carl Hans, Newport Capital Recovery Group II, LLC, Builders Supply, Canyon Oaks Property Owners Association, Inc. and Butte County Treasurer
Case Number: 2:2015cv00062
Filed: January 9, 2015
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: John A. Mendez
Presiding Judge: Kendall J. Newman
Nature of Suit: Taxes (US Plaintiff or Defendant)
Cause of Action: 26 U.S.C. ยง 7401
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
June 15, 2020 Opinion or Order Filing 105 AMENDED ORDER TO WITHDRAW FUNDS AND DISBURSE signed by District Judge John A. Mendez on 6/15/2020. (cc: Financial) (Zignago, K.)
June 5, 2020 Opinion or Order Filing 103 ORDER signed by District Judge John A. Mendez on 6/5/2020 GRANTING 97 Motion for Disbursement of Funds; CONFIRMING the 2/13/2020 judicial auction sale of the real property located at 3357 Summit Ridge Terrace, Chico, CA 95928; and DIRECTING Gary Chapman or another authorized IRS officer to promptly deliver an appropriate deed of judicial sale for the subject property to the purchasers. (Coll, A)
September 9, 2019 Opinion or Order Filing 89 ORDER of FORECLOSURE and JUDICIAL SALE signed by District Judge John A. Mendez on 9/9/19. (Kaminski, H)
January 18, 2019 Opinion or Order Filing 73 ORDER signed by Magistrate Judge Deborah Barnes on 1/18/19 GRANTING 72 Motion for Extension. Defendant is GRANTED until 3/1/19 to file objections to 70 Findings and Recommendations. (Coll, A)
December 12, 2018 Opinion or Order Filing 70 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 12/11/2018 RECOMMENDING that 42 , 46 Motions to Dismiss be denied; that 66 Motion to Intervene be denied; that 57 Motion for Summary Judgment and Default Judgment be granted; that default judgment be entered against defendants Carl Hans, Builders Supply, and Newport Capital Recovery Group II, LLC; and that said defendants be found to have no claim or interest in the Subject Property, or any proceeds from the sale therefrom. It is further RECOMMENDED that Defendant Randy Kent Barker be found indebted to the United States in the amount of $1,849,353.46 as of 5/7/2018; that the United States be found to have valid tax liens against defendant Barker's property and rights to property, including the Subject Property; that the United States be permitted to foreclose its lien upon the Subject Property, with the proceeds distributed consistent with these findings and recommendations; and that this action be closed. Referred to Judge John A. Mendez. Objections due within 14 days after these findings and recommendations are filed. (Huang, H)
February 18, 2016 Opinion or Order Filing 49 STIPULATION AND ORDER signed by District Judge John A. Mendez on 02/17/16 ORDERING that Canyon Oaks need not respond to any discovery served in this matter and is excused from further participation in the pretrial and trial, unless and until the Court orders otherwise. (Benson, A)
January 20, 2016 Opinion or Order Filing 45 ORDER signed by Magistrate Judge Edmund F. Brennan on 1/19/16 ORDERING that Defendant's 9/24/15 MOTION to COMPEL 40 is DENIED. (Mena-Sanchez, L)
August 19, 2015 Opinion or Order Filing 34 STIPULATION and ORDER 31 regarding interest in real property signed by Judge John A. Mendez on 8/18/2015. This 31 Stipulation between United States and Canyon Oaks Property Owners Association, Inc. is hereby APPROVED. If United States succeeds in obtaining from Court an Order of Foreclosure and Judicial Sale of real property at issue in action, it shall submit to a Proposed Order of Sale consistent with Stipulation. The United States and Canyon Oaks shall each bear their own costs. (Marciel, M)
August 3, 2015 Opinion or Order Filing 28 ORDER signed by Judge John A. Mendez on 8/3/2015 APPROVING the 26 Stipulation between the United States of America and Butte County Treasurer; ORDERING the United States to submit to the Court a proposed order of sale consistent with the terms of 26 Stipulation if it succeeds in obtaining from the Court an Order of Foreclosure and Judicial Sale; ORDERING each party to bear their own costs; EXCUSING Butte County Treasurer from further participation in this action. (Michel, G.)
June 19, 2015 Opinion or Order Filing 20 ORDER of RECUSAL signed by Magistrate Judge Kendall J. Newman on 6/19/15. Magistrate Judge Kendall J. Newman recused. Case reassigned to Magistrate Judge Dale A. Drozd for all further proceedings. (Meuleman, A)
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Plaintiff: United States of America
Represented By: Richard Adam Schwartz, GOVT
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Defendant: Randy Kent Barker
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Defendant: Carl Hans
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Defendant: Newport Capital Recovery Group II, LLC
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Defendant: Builders Supply
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Defendant: Canyon Oaks Property Owners Association, Inc.
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Defendant: Butte County Treasurer
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