United States of America v. Jeffrey Benice et al
| United States of America |
| Wells Fargo Bank, N.A., County of Orange, Esquire Deposition Services Inc, Franchise Tax Board, Standiford Helm, II, Lynda Elliott, Crystal Bergstrom, Ron Dering, Orange County District Attorney, Jeffrey Benice, Employment Development Department and Stacy Emerald |
| 8:2009cv00248 |
| February 27, 2009 |
| US District Court for the Central District of California |
| Southern Division - Santa Ana Office |
| Los Angeles |
| Cormac J Carney |
| fernando m olguin |
| Taxes |
| 26 U.S.C. § 7401 |
| None |
Docket Report
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This docket was last retrieved on September 15, 2010. A more recent docket listing may be available from PACER.
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Filing 61
JUDGMENT AND ORDER TO FORECLOSE ON REAL PROPERTY by Judge Cormac J. Carney, Related to: Stipulation for Judgment #60 . IT IS ORDERED: I. BACKGROUND: 1. On February 27, 2009, the United States filed the Complaint to Reduce Federal Tax Assessments to Judgment, Foreclose Federal Tax Liens on Real Property, and Set Aside Stacy Emerald as Nominee or Transferee (the "Complaint"). 2. The federal liabilities, and federal liens, at issue in this case are for Jeffrey Benice's 1996 through 1999 income tax years and trust fund recovery penalty for the quarterly period ending December 31, 1996. 3. The real property against which the United States seeks to foreclose its tax liens is located in the city of Aliso Viejo, California, with APN 632-321-25, and legally described as: (See document for further details.) (MD JS-6, Case Terminated). (rla)
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| Filing 60 STIPULATION for Judgment as to to Foreclose on Real Property filed by Plaintiff United States of America. (Attachments: #1 Proposed Order Judgment and Order to Foreclose on Real Property)(Layton, Daniel) |
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Filing 59
ORDER by Judge Cormac J. Carney: Granting Stipulation as to Lien Priority #58 (mt)
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| Filing 58 STIPULATION for Order Lien Priority filed by Plaintiff United States of America. (Attachments: #1 Proposed Order on Stipulation as to Lien Priority)(Layton, Daniel) |
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Filing 57
ORDER on Stipulation To Reduce Tax Assessments To Judgment by Judge Cormac J. Carney, re Stipulation for Judgment #56 : Based upon the stipulated agreement between the United States of America ("United States," "IRS", or "plaintiff") and defendant Jeffrey Benice, and good cause shown therein, this Court hereby finds and orders as follows: 1. On February 27, 2009, the United States filed the Complaint to (I) Reduce Federal Tax Assessments to Judgment, (II) Foreclose Federal Tax Liens on Real Property, and (III) Set Aside Stacy Emerald as Nominee or Transferee. 2. On March 24, 2010, the United States and Jeffrey Benice filed a stipulation resolving, as between them, the second and third causes of action, to foreclose and determine that Stacy Emerald holds the real property at issue as a nominee of Jeffrey Benice, in favor of the United States. See Document 37 in the electronic document filing system (ECF). 5. The balances due for Benice's income tax returns and the Trust Fund Recovery Penalty, "TFRP," as of September 30, 2008, are as follows: (See the document for further details.) 9. As between plaintiff United States of America and defendant Benice, each party shall bear its own costs and attorneys fees in connection with this case. IT IS SO ORDERED. (rla)
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| Filing 56 STIPULATION for Judgment as to Reduce Tax Assessments filed by Plaintiff United States of America. (Attachments: #1 Proposed Order on Stipulation to Reduce Tax Assessments to Judgment)(Layton, Daniel) |
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Filing 55
ORDER on Stipulation as to Remaining Issues by Judge Cormac J. Carney. (See Order for details) (db)
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Filing 54
ORDER on Stipulation as to Lien Priority Between Plaintiff United States of America and Defendant Franchise Tax Board by Judge Cormac J. Carney. (See Order for details) (db)
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| Filing 53 STIPULATION for Order As to Lien Priority Between Plaintiff United States of America and Defendant Franchise Tax Board filed by Plaintiff United States of America. (Attachments: #1 Proposed Order on Stipulation as to lien Priority Between Plaintiff United States of America and Defendant Franchise Tax Board)(Layton, Daniel) |
| Filing 52 STIPULATION for Order as to Remaining Issues filed by Plaintiff United States of America. (Attachments: #1 Proposed Order on Stipulation as to Remaining Issues)(Layton, Daniel) |
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Filing 51
ORDER by Judge Cormac J. Carney, on Stipulation #47 Settling Issues Between Plaintiff United States of America and Defendant Stacy Emerald: Court hereby finds and orders as follows: 1. On February 27, 2009, the United States filed the Complaint to (I)Reduce Federal Tax Assessments to Judgment, (II) Foreclose Federal Tax Liens on Real Property, and (III) Set Aside Stacy Emerald as Nominee or Transferee (the Complaint). (See document for details.) 9. As agreed in the stipulation, the United States may not proceed with the foreclosure sale of the subject property until sixty days after the entry of final judgment in this case. 10. The United States agrees to bear its own costs and attorneys fees as against Stacy Emerald and Stacy Emerald agrees to bear her own costs and attorneys fees as against the United States. (rla)
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| Filing 50 PROOF OF SERVICE filed by Plaintiff United States of America, re Clerks Entry of Default (CV-37) #49 served on 5/27/10. (Layton, Daniel) |
| Filing 49 DEFAULT BY CLERK ENTERED as to *Defendant Lynda Elliott* (rla) |
| Filing 48 APPLICATION for Entry of Default against DefendantLynda Elliott filed by Plaintiff United States of America. (Layton, Daniel) |
| Filing 47 STIPULATION for Order on Settling Issues Between Plaintiff United States of America and Defendant Stacy Emerald filed by Plaintiff United States of America. (Attachments: #1 Proposed Order on Stipulation Settling Issues Between Plaintiff United States of America and Defendant Stacy Emerald)(Layton, Daniel) |
| Filing 46 PROOF OF SERVICE filed by Plaintiff United States of America, Notice of Disclosures Pursuant to Rule 26(a) served on 4/29/10. (Layton, Daniel) |
| Filing 45 PROOF OF SERVICE Executed by Plaintiff United States of America, upon Defendant Service of the Summons and Complaint were executed upon Stacy Emerald Defendant in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Layton, Daniel) |
| Filing 44 PROOF OF SERVICE Executed by Plaintiff United States of America, upon Defendant Service of the Summons and Complaint were executed upon Lynda Elliott fka Lynda Benice Defendant in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Layton, Daniel) |
| Filing 43 PROOF OF SERVICE Executed by Plaintiff United States of America, upon Defendant Stacy Emerald served on 4/20/2010, answer due 5/11/2010. Service of the Summons and Complaint were executed upon Stacy Emerald Defendant in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Layton, Daniel) |
| Filing 42 PROOF OF SERVICE Executed by Plaintiff United States of America, upon Defendant Lynda Elliott served on 4/15/2010, answer due 5/6/2010. Service of the Summons and Complaint were executed upon Lynda Elliott fka Lynda Benice Defendant in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Layton, Daniel) |
| Filing 41 FIRST AMENDED COMPLAINT against defendants Jeffrey Benice, Crystal Bergstrom, County of Orange, Ron Dering, Stacy Emerald, Employment Development Department, Franchise Tax Board, Standiford Helm, II, Orange County District Attorney, Wachovia Mortgage, FSB, formerly know as World Savings Bank, FSB, Lynda Elliott fka Lynda Benice; Party Esquire Deposition Services Inc terminated, amending Complaint - (Discovery) #1 filed by plaintiff United States of America (Attachments: #1 summons)(nca) |
| 21 DAY Summons Issued re Amended Complaint, #41 as to defendant Jeffrey Benice, Crystal Bergstrom, County of Orange, Ron Dering, Lynda Elliott, Stacy Emerald, Employment Development Department, Franchise Tax Board, Standiford Helm, II, Orange County District Attorney, Wachovia Mortgage, FSB, formerly know as World Savings Bank, FSB. (nca) |
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Filing 40
ORDER by Judge Cormac J. Carney, on Stipulation for Leave to File Amended Complaint #39 : (See document for further details.) IT IS ORDERED that plaintiff is granted leave to file the First Amended Complaint and serve it upon Lynda Elliot and defendant Stacy Emerald (who has not yet appeared in this action). IT IS FURTHER ORDERED that, upon service of the First Amended Complaint, Lynda Elliott, FKA Lynda Benice, and Stacy Emerald shall have 21 days to serve an answer or otherwise respond. IT IS SO ORDERED. (rla)
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| Filing 39 STIPULATION for Leave to file Amended Complaint filed by Plaintiff United States of America. (Attachments: #1 Proposed Order on Stipulation for Leave to File Amended Complaint)(Layton, Daniel) |
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Filing 38
ORDER by Judge Cormac J. Carney, Granting Stipulation for Order Settling Issues between the United States and Jeffrey Benice #37 (ade)
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| Filing 37 STIPULATION for Order to settle issues between the United States and Jeffrey Benice and for amendment to complaint filed by Plaintiff United States of America. (Attachments: #1 Proposed Order on Stipulation Settling Issues Between the United States and Jeffrey Benice and For Amendment to Complaint)(Layton, Daniel) |
| Filing 36 DISCLOSURE of under FRCP 26(a) filed by Plaintiff United States of America (Layton, Daniel) |
| Filing 35 NOTICE of Change of Attorney Information for attorney Michael J Fox counsel for Defendant Wachovia Mortgage, FSB, formerly know as World Savings Bank, FSB. Adding Michael J. Fox as attorney as counsel of record for Wachovia Mortgage, FSB fka World Savings Bank, FSB for the reason indicated in the G-06 Notice. Filed by Defendant Wachovia Mortgage, FSB fka World Savings Bank, FSB (Fox, Michael) |
| Filing 34 NOTICE of Change of Attorney Information for attorney Elana Janelle Stein Moeder counsel for Defendant Wachovia Mortgage, FSB, formerly know as World Savings Bank, FSB. Adding Elana J. Moeder as attorney as counsel of record for Defendant, WACHOVIA MORTGAGE, FSB fka WORLD SAVINGS BANK, FSB for the reason indicated in the G-06 Notice. Filed by Defendant WACHOVIA MORTGAGE, FSB fka WORLD SAVINGS BANK, FSB (Moeder, Elana) |
| Filing 33 MINUTES OF IN CHAMBERS RE: SETTLEMENT CONFERENCE by Magistrate Judge Fernando M. Olguin: This case has been referred to Magistrate Judge Olguin for settlement. (mr) |
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Filing 32
ORDER Regarding Settlement Procedures, Pre-Trial Conference and Trial by Judge Cormac J. Carney. (db)
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Filing 31
SCHEDULING ORDER by Judge Cormac J. Carney. Discovery cut-off 7/30/2010, Bench Trial set for 11/9/2010 09:00 AM before Judge Cormac J. Carney, Pretrial Conference set for 11/1/2010 03:30 PM before Judge Cormac J. Carney. (db)
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Filing 30
ORDER by Judge Cormac J. Carney GRANTING the NOTICE AND REQUEST of Settlement Procedure Selection (Sp1) (ade)
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| Filing 29 NOTICE AND REQUEST of Settlement Procedure Selection (Sp1); parties request to Appear Before Judge Carney for settlement proceedings. Filed by Plaintiff United States of America. (Attachments: #1 Proposed Order Order Re Settlement Procedure Selection Request and Notice)(Layton, Daniel) |
| Filing 28 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2 days, filed by Plaintiff United States of America.. (Layton, Daniel) |
| Filing 27 NOTICE of Change of Lead Counsel changing lead counsel from Kerry W. Franich to Michael J. Fox and Elana J. Moeder. filed by Defendant Wachovia Mortgage, FSB, formerly know as World Savings Bank, FSB, (Moeder, Elana) |
| Filing 26 NOTICE OF INTENT TO SCHEDULE THE CASE by Judge Cormac J. Carney (ade) |
| Filing 25 ANSWER TO PLAINTIFF'S COMPLAINT filed by Defendant Wachovia Mortgage, FSB, formerly know as World Savings Bank, FSB. (Attachments: #1 Supplement Certification and Notice of Interested Parties)(Franich, Kerry) |
| Filing 24 DISCLAIMER filed by Plaintiff United States of America to Complaint - (Discovery), Complaint - (Discovery) #1 . (Layton, Daniel) |
| Filing 23 PROOF OF SERVICE Executed by Plaintiff United States of America, upon Employment Development Department served on 6/2/2009, answer due 6/22/2009. The Summons and Complaint were served by Personal Service service, by Federal statute, upon Richard L. Stewart, Staff Counsel. Due Dilligence declaration No. Original Summons No. (Layton, Daniel) |
| Filing 22 PROOF OF SERVICE Executed by Plaintiff United States of America, upon Franchise Tax Board served on 6/4/2009, answer due 6/24/2009. The Summons and Complaint were served by Personal Service service, by Federal statute, upon Deborah Raunam, Office Technician. Due Dilligence declaration No. Original Summons No. (Layton, Daniel) |
| Filing 21 PROOF OF SERVICE Executed by Plaintiff United States of America, upon Jeffrey Benice served on 6/2/2009, answer due 7/22/2009. The Summons and Complaint were served by Personal Service service, by Federal statute, upon Jeffrey Benice, Defendant. Due Dilligence declaration No. Original Summons No. (Layton, Daniel) |
| Filing 20 PROOF OF SERVICE Executed by Plaintiff United States of America, upon County of Orange served on 6/2/2009, answer due 6/22/2009. The Summons and Complaint were served by Personal service service, by Federal statute, upon Ruben Aguilar, Deputy Clerk in the Clerk's Office of the Board's Office. Due Dilligence declaration No. Original Summons No. (Layton, Daniel) |
| Filing 19 PROOF OF SERVICE Executed by Plaintiff United States of America, upon Orange County District Attorney served on 6/2/2009, answer due 6/22/2009. The Summons and Complaint were served by Personal Service service, by Federal statute, upon Ruben Aguilar, Deputy Clerk in the Clerk of the Board's office. Due Dilligence declaration No. Original Summons No. (Layton, Daniel) |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff United States of America, upon Stacy Emerald served on 6/2/2009, answer due 6/22/2009. The Summons and Complaint were served by Personal Service service, by Federal statute, upon Stacy Emerald, Defendant. Due Dilligence declaration No. Original Summons No. (Layton, Daniel) |
| Filing 17 PROOF OF SERVICE Executed by Plaintiff United States of America, upon Wachovia Mortgage, FSB, formerly know as World Savings Bank, FSB served on 6/19/2009, answer due 7/9/2009. The Summons and Complaint were served by Service on domestic corporation, unincorporated association (including partnership), or public entity, (F.R.Civ.P.4(h)) (C.C.P. 416.10) service, by Federal statute, upon Kristi M. Garcia, Vice President, Asst. General Counsel, Legal Division. Due Dilligence declaration No. Original Summons No. (Layton, Daniel) |
| Filing 16 Certificate of Interested Parties filed by Defendant Jeffrey Benice, (Benice, Jeffrey) |
| Filing 15 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties and/or no copies RE: Answer to Complaint (Discovery) #14 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (rrp) |
| Filing 14 ANSWER to Complaint - (Discovery), Complaint - (Discovery) #1 to Complaint filed by Defendant Jeffrey Benice.(Benice, Jeffrey) |
| Filing 13 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Proposed document was not submitted as separate attachment RE: First Stipulation Extending Time to Answer (30 days or less) #10 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (twdb) |
| Filing 12 DISCLAIMER filed by Plaintiff United States of America to Complaint - (Discovery), Complaint - (Discovery) #1 . (Layton, Daniel) |
| Filing 11 DISCLAIMER filed by Plaintiff United States of America to Complaint - (Discovery), Complaint - (Discovery) #1 . (Layton, Daniel) |
| Filing 10 FIRST STIPULATION Extending Time to Answer the complaint as to Jeffrey Benice answer now due 7/22/2009, filed by Plaintiff United States of America.(Layton, Daniel) |
| Filing 9 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected RE: Answer to Complaint (Discovery) #7 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (twdb) |
| Filing 8 ANSWER to Complaint - (Discovery), Complaint - (Discovery) #1 filed by Defendant Franchise Tax Board. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J)(Shaw, Diane) |
| Filing 7 ANSWER to Complaint - (Discovery), Complaint - (Discovery) #1 Disclaimer filed by Defendant Employment Development Department.(Shaw, Diane) |
| Filing 6 DISCLAIMER filed by Defendant Orange County District Attorney. (Shade, Laurie) |
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Filing 5
NOTICE OF DISCREPANCY AND ORDER by Judge Cormac J. Carney. ORDERING Disclaimer of Orange County District Attorney Family Support division in response to complaint received on 06/22/2009 is not to be filed but instead rejected. Denial based on: General Order 08-02 and 08-11, Case is designated for e-filing. (db)
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| Filing 4 ANSWER to Complaint - (Discovery), Complaint - (Discovery) #1 filed by Defendant County of Orange.(Shade, Laurie) |
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Filing 3
ORDER by Judge Cormac J. Carney granting #2 Ex Parte Application to Amend/Correct Caption (ade)
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| Filing 2 EX PARTE APPLICATION to CORRECT re Complaint - (Discovery), Complaint - (Discovery) #1 filed by Plaintiff United States of America. (Attachments: #1 Proposed Order to Substitute Party and Correct Caption)(Layton, Daniel) |
| Filing 1 COMPLAINT against defendants Esquire Deposition Services Inc, Employment Development Department, Ron Dering, Franchise Tax Board, Jeffrey Benice, Emerald Crystal Bergstrom, World Savings Bank FSB, County of Orange, Orange County District Attorney, Standiford Helm, II.(Filing fee $ 350 non required), filed by plaintiff United States of America.(twdb) (lwag). |
| 20 DAY Summons Issued re Complaint - (Discovery), #1 as to defendants Esquire Deposition Services Inc, Employment Development Department, Ron Dering, Franchise Tax Board, Jeffrey Benice, Emerald Crystal Bergstrom, World Savings Bank FSB, County of Orange, Orange County District Attorney, Standiford Helm, II. (twdb) |
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