COLON v. STRAWBERRY, et al

Plaintiff: MARY W COLON
Defendant: DARRYL STRAWBERRY, STERLING METS LP and INTERNAL REVENUE SERVICE
Counter_claimant: STERLING METS LP
Cross_defendant: DARRYL STRAWBERRY and INTERNAL REVENUE SERVICE
Thirdparty_defendant: CHARISSE ANN STRAWBERRY and STATE OF MISSOURI
Case Number: 4:2012cv00101
Filed: March 2, 2012
Court: Florida Northern District Court
Office: Tallahassee Office
County: Leon
Presiding Judge: STEPHAN P MICKLE
Referring Judge: WILLIAM C SHERRILL
Nature of Suit: Withdrawal
Cause of Action: 28:0157
Jury Demanded By: None

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Date Filed#Document Text
June 15, 2012 14 Opinion or Order of the Court ORDER: 13 MOTION to Extend Time to File Joint Discovery Plan filed by INTERNAL REVENUE SERVICE. (Joint Discovery Plan due by 6/20/2012.). Signed by SENIOR JUDGE STEPHAN P MICKLE on 6/15/2012. (jws)
November 18, 2013 46 Opinion or Order of the Court ORDER adopting the magistrate judge's 41 Report and Recommendation. The 35 Motion for Default Judgment is GRANTED as to Darryl Strawberry, in the amount of $80,206.61, plus interest for the 2003 and 2004 federal income tax liabilities. Within 14 days, the United States shall file its interest calculation to date and the Clerk is directed to enter final default judgment at that time in the total amount of $80,206.61 plus interest as calculated by the United States. In addition, the federal tax liens for Darryl Strawberry's 1989, 1990, 2003, and 2004 federal income tax liabilities are foreclosed against Strawberry's interest in the deferred compensation agreement between Strawbe rry and Sterling Mets, L.P.P., such that all payments otherwise payable to Strawberry under the deferred compensation agreement shall be paid to the United States as they come due until the tax liens are satisfied, and Strawberry's r ights in the deferred compensation agreement shall be extinguished in the event those rights are sold in a foreclosure sale. The 36 Motion for Default Judgment is GRANTED as to Charisse Ann Strawberry and the State of Missouri, and a ny claim or lien that Charisse Ann Strawberry or the State of Missouri could have asserted against Darryl Strawberry's interest in the deferred compensation agreement between Darryl Strawberry and Sterling Mets, L.P. is extinguished. Signed by CHIEF JUDGE M CASEY RODGERS on 11/18/2013. (djb)
November 18, 2013 47 Opinion or Order of the Court ORDER adopting the magistrate judge's 45 Second Report and Recommendation. The 33 Motion for Partial Summary Judgment is GRANTED, as the federal tax liens for Darryl Strawberry's 1989 and 1990 federal income ta x liabilities have a first priority claim against Strawberry's interest in the deferred compensation agreement between Strawberry and Sterling Mets, L.P., but such priority does not extinguish the Mets' right to seek reasonable attorneys' fees and costs should any surplus funds be available after satisfaction of the IRSs tax lien. Signed by CHIEF JUDGE M CASEY RODGERS on 11/18/2013. (djb)
September 5, 2014 77 Opinion or Order of the Court ORDER adopting the magistrate judge's 74 Report and Recommendation. The unopposed 68 Motion for Entry of Order of Sale is GRANTED and this case is REMANDED to the magistrate judge for further proceedings concerning the amount of attorney fees owed. Signed by CHIEF JUDGE M CASEY RODGERS on 9/5/2014. (djb)

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Search for this case: COLON v. STRAWBERRY, et al
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Plaintiff: MARY W COLON
Represented By: DAVID K MINACCI
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Defendant: DARRYL STRAWBERRY
Represented By: LAURA TOLEDO
Represented By: JAMES MATTHEW DONOHUE
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Defendant: STERLING METS LP
Represented By: NOEL ROBERT BOEKE
Represented By: NATHAN ALDRICH ADAMS, IV
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Defendant: INTERNAL REVENUE SERVICE
Represented By: PHILIP DOYLE
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Counter_claimant: STERLING METS LP
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Cross_defendant: DARRYL STRAWBERRY
Represented By: JAMES MATTHEW DONOHUE
Represented By: LAURA TOLEDO
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Cross_defendant: INTERNAL REVENUE SERVICE
Represented By: PHILIP DOYLE
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Thirdparty_defendant: CHARISSE ANN STRAWBERRY
Represented By: ALLEN PRESTON TURNAGE
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Thirdparty_defendant: STATE OF MISSOURI
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