United States of America v. Staton et al
| United States of America |
| Ronald B. Staton, Brenda L. Staton, Navy Federal Credit Union, Capstead Mortgage Corporation and Hawaii, State of |
| 1:2012cv00319 |
| June 4, 2012 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| ALAN C KAY |
| BARRY M. KURREN |
| Taxes |
| 26 U.S.C. ยง 7401 IRS: Tax Liability |
| None |
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Filing
416
ORDER. Signed by JUDGE ALAN C. KAY on 12/20/2018. Excerpt of order:"[T]he Court (1) determines the amount of principal, interest and penalties on Defendant Ronald B. Staton's tax liabilities owed to Plaintiff United States; (2) determines the amount of principal, interest and costs owing to the Lender Defendants under the Statons' mortgage; (3) approves the Commissioner's Request for additional commissioner fee s and costs, as modified herein; (4) determines the amount of proceeds from the sale of the subject property to which each party is entitled; and (5) orders disbursement of the remaining sales proceeds." I. Amou nt of Principal, Interest and Penalties to which Plaintiff United States is Entitled. "[T]he Court approves Mr. Staton's aggregate tax liability to Plaintiff United States, as of December 20, 2018, in the amount of $ ;418,624.78." II. Amount of Principal, Interest and Costs Owing to the Lender Defendants under the Statons' Mortgage. "[T]he Court approves a total amount of $368,831.67 for the Lender Defendants.III. Additional Commissioner Fees and Costs to Which the Commissioner is Entitled. "The Court approves a total amount of $14,658.36 consisting of: (1) $12,207.50 in additional commissioner fees for past services; (2) a $669.46 General Excise Tax; [footnote omitted] and (3) a $1,781.40 reimbursement for costs associated with the eviction." IV. Determination of the Amount of Sa le Proceeds to Which Each Party is Entitled."Pursuant to its April Order setting forth the order of priority for all future disbursements [ECF 330 ], this Court approves the amount of sales proceeds to which each party is en titled as follows: 1. To Commissioner Lyle S. Hosoda for the additional commissioner fees and costs he has incurred since the Court approved his initial request for commissioner fees and costs, a total amount of $14,658.36; 2. To the Lender Defendants Navy Federal Credit Union and Capstead Mortgage for the principal, interest and recording fee to which they are entitled in the amount of $306,768.67 (consisting of $289,197.10 in principal, $17,546.57 in inte rest, and a $25.00 recording fee), plus attorneys' fees and costs in the amount of $62,063.00, for a total amount of $368,831.67; The amount of sales proceeds remaining after payment to the Commissioner and the Lend er Defendants is $724,061.69. That amount is to be distributed as follows:3. To Defendant Brenda L. Staton, fifty (50) percent of the remaining proceeds for a total amount of $362,030.85; and4. To Plaintiff United States, fif ty (50) percent of the remaining proceeds for a total amount of $362,030.84."Conclusion:"For the foregoing reasons the Court directs the Clerk of Court to disburse the remaining proc eeds of the sale to each of the parties in accordance with the amounts approved above.Pursuant to Rule 54 of the Federal Rules of Civil Procedure, the Clerk of Court is further directed to enter judgment in accordance with this order, including a deficiency judgment against Mr. Staton in the amount of $56,593.94." IT IS SO ORDERED. Signed by U.S. DISTRICT JUDGE ALAN C. KAY on 12/20/2018. (afc)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing
404
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION re: 400 . Signed by JUDGE ALAN C. KAY on 10/18/2018. (afc) ORDER adopts the "Findings and Recommendation Denying in Part and Granting in Part Defenda nts Navy Federal Credit Union and Capstead Mortgage Corporation's Motion for Attorneys' Fees and Costs" re: 400 , 355 . COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing
375
ORDER DENYING DEFENDANTS RONALD AND BRENDA STATONS' EMERGENCY MOTION FOR INJUNCTION (ECF NO. 367 ) AND STRIKING THE AMENDED NOTICE OF PENDENCY OF ACTION (ECF NO. 368 ) - Signed by JUDGE HELEN GILLMOR on 5/17/2018. Defendants Ronald B. Staton and Brenda L. Staton's EMERGENCY MOTION FOR INJUNCTION (ECF No. 367) is DENIED. Defendants Ronald B. Staton and Brenda L. Staton's Amended Notice of Pendency of Action (ECF No. 368) is STRICKEN. The Hawaii State Bureau of Conveyances is ORDERED to expunge the invalid lien (ECF No. 368). (emt, )
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Filing
363
ORDER DENYING DEFENDANTS RONALD AND BRENDA STATONS' EMERGENCY MOTION TO VACATE ORDER AND WRIT OF ASSISTANCE ENTERED ON MAY 9TH 2018 re 362 Motion. Signed by JUDGE ALAN C. KAY on 05/11/2018. (eps, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants served by First Class Mail to: Ronald B. Staton; Brenda L. Staton; 233 Kalalau St.; Honolulu, HI 96825 the address of record listed on the Notice of Electronic Filing (NEF)
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Filing
360
ORDER AND WRIT OF ASSISTANCE. Signed by JUDGE ALAN C. KAY on 05/09/2018. It is ORDERED that the Clerk of Court may issue a Writ of Assistance to the United States Marshal for the District of Hawaii and/or any other law enforcement agency (eps, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants served by First Class Mail to: Ronald B. Staton; Brenda L. Staton; 233 Kalalau St.; Honolulu, HI 96825 to the address of record listed on the Notice of Electronic Filing (NEF)
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Filing
344
ORDER DENYING DEFENDANTS RONALD AND BRENDA STATONS' MOTION FOR LEAVE TO FILE AN INTERLOCUTORY APPEAL re 328 Notice of Appeal, filed by Ronald B. Staton, Brenda L. Staton. Signed by JUDGE ALAN C. KAY on 04/19/2018. (eps, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants served by First Class Mail on 04/20/2018 to: Ronald B. Staton; Brenda L. Staton; 233 Kalalau St.; Honolulu, HI 96825 to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing
330
ORDER CONFIRMING SALE, APPROVING COMMISSIONER'S REPORT, AND DETERMINING PRIORITY OF FUTURE DISBURSEMENTS. Signed by JUDGE ALAN C. KAY on 04/10/2018. (eps, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to: RONALD B. STATON; BRENDA L. STATON; 233 KALALAU ST.; HONOLULU, HI 96825 to the address of record listed on the Notice of Electronic Filing (NEF)
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Filing
321
ORDER DENYING DEFENDANT BRENDA L. STATON'S MOTION FOR LEAVE TO FILE AN INTERLOCUTORY APPEAL re 297 .. Signed by JUDGE ALAN C. KAY on 04/03/2018. (eps, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Part icipants served by First Class Mail on April 4, 2018 to the addresses of record listed on the Notice of Electronic Filing (NEF): Ronald B. Staton, 233 Kalalau St. Honolulu, HI 96825 ; Brenda L. Staton, 233 Kalalau St., Honolulu, HI 96825
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Filing
276
ORDER FINDING DEFENDANT BRENDA STATON'S CLAIM THAT THE FORECLOSURE SALE FAILS TO PROTECT HER INTEREST IN THE PROPERTY TO BE WITHOUT MERIT re 255 Notice of Lis Pendens filed by Brenda L. Staton. Signed by JUDGE ALAN C. KAY on 02/16/201 8. (eps, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications served by first class mail on February 20, 2018 : Ronald B. Staton; Brenda Staton; 233 Kalalau St.; Honolulu, HI 96825
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Filing
157
ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ON THE THIRD CLAIM IN THE COMPLAINT re 109 , 124 - Signed by JUDGE ALAN C KAY on 8/31/2015. "The Court further ORDERS that Ronald Staton's federal tax liens and Ronald and Brenda Staton's mortgage be foreclosed on the Residence, and ORDERS the sale of the Residence free and clear of all liens, including Capstead's senior mortgage. A separate Order of Foreclosure and Judicial Sale will follow this Order." "In addition, the Court DISMISSES with prejudice Count I of Plaintiff's Complaint, ECF No. 1 , pursuant to Fed. R. Civ. P. 41(a)(2) and Plaintiff's request." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Ronald B. Staton and Brenda Staton served by first class mail at the address of record on August 31, 2015.
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