Duckett v. Enomoto et al

Plaintiff: Nancy K Duckett
Defendant: Dennis M Enomoto, United States Internal Revenue Service, Carol A Severyn and Carol Severyn Trust Management Services
Case Number: 2:2014cv01771
Filed: August 7, 2014
Court: Arizona District Court
Office: Phoenix Division Office
County: Maricopa
Presiding Judge: Neil V Wake
Nature of Suit: Taxes (US Plaintiff or Defendant)
Cause of Action: 28:1441
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 6, 2016 101 Opinion or Order of the Court ORDER that the IRS's Motion to Alter or Amend Judgment and to Distribute Interpleaded Funds (Doc. 97 ) is denied. See order for details. Signed by Judge Neil V. Wake on 6/6/16. (NKS)
April 18, 2016 95 Opinion or Order of the Court ORDER that the IRS' Renewed Motion for Summary Judgment (Doc. 91 ) is (1) granted to the extent it seeks a judgment that the federal tax lien attaches to Dr. Enomoto's right to the funds held in Ms. Enomoto's testamentary trust crea ted for his benefit, (2) denied without prejudice to the extent it seeks a transfer of those funds to the United States, and (3) otherwise denied. FURTHER ORDERED that Dr. Enomoto and Tittelbach's Renewed Motion for Summary Judgment (Doc. 89 ) is denied. See order for details. Signed by Judge Neil V. Wake on 4/18/16. (NKS)
December 30, 2015 88 Opinion or Order of the Court JUDGMENT (PARTIAL) - Plaintiff's Motion for Discharge (Doc. 65 ) is granted. FURTHER ORDERED AND ADJUDGED that: A) Plaintiff Nancy Duckett have judgment for attorney fees and expenses in the amount of $25,294.36, to be withdrawn from the interpleaded funds on or after 01/18/16. B) Plaintiff Nancy Duckett is directed to pay the balance of the interpleaded funds to the Trustee, Defendant Kurt A. Tittelbach, on or after 01/18/16, to be held in their entirety until this Court or anot her court of competent jurisdiction orders otherwise. C) Plaintiff Nancy Duckett is discharged from any liability to Defendants for or in connection with the interpleaded funds and shall be dismissed from further participation in these proceedings effective as of 01/18/16. D) Plaintiff Nancy Duckett is dismissed from further participation in these proceedings as of 01/18/16. Signed by Judge Neil V. Wake on 12/30/15. (NKS)
November 13, 2015 79 Opinion or Order of the Court ORDER that the United States' Motion for Summary Judgment (Doc. 48 ) and the Trustee and Trust Beneficiary's Cross-Motion for Summary Judgment (Doc. 58 ) are denied. Defendants may renew their motions without a need for further briefin g once the funds have been transferred to the Trustee as described below. FURTHER ORDERED that the Trustee's Motion to Allow Payment of Trust Legal Fees from Interpleader Funds (Doc. 51 ) is denied without prejudice to renewal at the conclusi on of this case. FURTHER ORDERED that Plaintiff is awarded the costs and attorney's fees reasonably incurred in bringing this interpleader. Plaintiff shall file no later than 11/27/15, a motion pursuant to Local Rule LRCiv 54.2 for attorney's fees and costs. See order for complete details. Signed by Judge Neil V. Wake on 11/13/15. (NKS)
October 29, 2014 22 Opinion or Order of the Court ORDER that Defendants Carol Severyn and Carol Severyn Trust Management Services' Motion to Dismiss (Doc. 14 ) is granted, to the extent that Defendants Carol Severyn and Carol Severyn Trust Management Services are dismissed as parties. See order for details. Signed by Judge Neil V. Wake on 10/29/14. (NKS)

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Defendant: Dennis M Enomoto
Represented By: Joseph G Adams
Represented By: Kevin J Parker
Represented By: John C Vryhof
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Defendant: United States Internal Revenue Service
Represented By: William C Hankla
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Defendant: Carol A Severyn
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Defendant: Carol Severyn Trust Management Services
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Plaintiff: Nancy K Duckett
Represented By: Jeffrey Stephen Cappellini
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