Rivas v. United States of America
| Jaime Rivas |
| United States of America |
| 2:2020cv00982 |
| May 19, 2020 |
| US District Court for the District of Arizona |
| Susan M Brnovich |
| Real Property: Other |
| 28 U.S.C. ยง 2410 Quiet Title |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 15, 2020. A more recent docket listing may be available from PACER.
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Filing 17
ORDER: THE COURT FINDS the IRS tax lien is not valid against Plaintiff Mr. Rivas and the property, pursuant to 26 U.S.C. 6323. Therefore, IT IS ORDERED granting the request for declaratory relief and declaring that IRS tax lien is invalid against Mr. Rivas and against the property, legally described as: The North 164 feet of the North half of the Southwest quarter of the Northeast quarter of the Southeast quarter of Section 4, Township 2 North, Range 2 East, Gila and Salt River Base and Meridian, Maricopa County, Arizona; EXCEPT The East 330 feet thereof; and EXCEPT The South 20 feet thereof; and EXCEPT The West 30 feet thereof as conveyed to the City of Glendale recorded in Docket 6879, Page 407. IT IS FURTHER ORDERED directing the Clerk of Court to terminate this case. Signed by Judge Susan M Brnovich on 7/14/20. (GMP)
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| Filing 16 MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Show Cause Hearing held on 7/14/2020. Arguments heard. For reasons set forth on the record, the Court FINDS that the tax lien is invalid. Written order to follow. APPEARANCES: Telephonic appearance by John Wilenchik and Joshua Offenhartz for Plaintiff. Telephonic appearance by William Solomon for Defendant. (Court Reporter Christine Coaly) Hearing held 2:04 PM to 2:34 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) |
| Filing 15 RESPONSE re: #14 Supplement and #13 Reply by Defendant United States of America. (Solomon, William) |
| Filing 14 SUPPLEMENT Supplemental Citation of Authority re: #13 Reply to Response to Motion by Plaintiff Jaime Rivas. (Wilenchik, John) |
| Filing 13 REPLY to Response to Motion re: #5 MOTION for Order to Show Cause filed by Jaime Rivas. (Wilenchik, John) |
| Filing 12 MINUTE ORDER: The Show Cause Hearing presently set for 7/14/2020 will be held telephonically. The parties will receive dial-in instructions for connecting to the teleconference via electronic mail prior to the hearing. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) |
| Filing 11 RESPONSE TO ORDER TO SHOW CAUSE re: #10 Order to Show Cause by Defendant United States of America. (Attachments: #1 Att. A: Varela Deed, #2 Att. B: Payoff Letter)(Solomon, William) |
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Filing 10
AMENDED ORDER that Defendant appear before this Court on July 14, 2020 at 2:00 p.m. (1 hour allowed) to show cause, if any, why the Court should not grant the relief prayed for in the Verified Complaint, and declare that the Varela Lien (as that term is defined in the Verified Complaint) never attached to the Property (as that term is defined by the Verified Complaint) and quiet title to the Property in favor of Plaintiff and against Defendant; or order that the Varela Lien be extinguished upon Plaintiff's deposit of the amount of the Lien ($47,229.17) with the Court or payment of the same to Defendant. See attached order for complete details. Signed by Judge Susan M. Brnovich on 7/06/2020. (ESG)
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Filing 9
* AMENDED by Doc. #10 ORDER TO SHOW CAUSE that Defendant appear before this Court on 7/20/2020 at 10:00 a.m. (1 hour allowed) to show cause, if any, why the Court should not grant the relief prayed for in the Verified Complaint, and declare that the Varela Lien (as that term is defined in the Verified Complaint) never attached to the Property (as that term is defined by the Verified Complaint) and quiet title to the Property in favor of Plaintiff and against Defendant; or order that the Varela Lien be extinguished upon Plaintiff's deposit of the amount of the Lien ($47,229.17) with the Court or payment of the same to Defendant. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 6/22/2020. (ESG) Modified on 7/7/2020 (ESG).
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Filing 8
ORDER directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on 8/17/2020. Signed by Judge Susan M Brnovich on 5/21/2020. (ESG)
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Filing 7
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 5/21/2020. (ESG)
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Filing 6
ORDER Any motions, responses or replies filed for which a courtesy copy is not delivered to the Court, as required, will be stricken and not considered. Signed by Judge Susan M. Brnovich on 5/21/2020. (ESG)
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| Filing 5 *MOTION for Order to Show Cause by Jaime Rivas. (Attachments: #1 Text of Proposed Order)(Wilenchik, John) *Modified to correct event on 5/21/2020 (GMP). |
| Filing 4 Summons Issued as to United States of America. (MYE). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 3 Filing fee paid, receipt number 0970-18297781. This case has been assigned to the Honorable Susan M Brnovich. All future pleadings or documents should bear the correct case number: CV-20-982-PHX-SMB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MYE) |
| Filing 2 SUMMONS Submitted by Jaime Rivas. (Wilenchik, John) (MYE) |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-18297781 filed by Jaime Rivas. (Wilenchik, John) (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(MYE) |
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| Plaintiff: Jaime Rivas | |
| Represented By: | John Douglas Wilenchik |
| Represented By: | Heidi F Purtzer |
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| Defendant: United States of America | |
| Represented By: | William C Solomon |
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