United States v. Carey et al
| 2:2005cv02176 |
| October 27, 2005 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| Morrison C. England |
| Craig M. Kellison |
| Taxes |
| 26 U.S.C. ยง 7401 IRS: Tax Liability |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
240
ORDER signed by District Judge Morrison C. England, Jr., on 8/13/18, GRANTING the United States' 237 Motion re disposal of property seized during eviction. (Kastilahn, A)
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Filing
235
ORDER DISTRIBUTING EXCESS FUNDS signed by Judge Morrison C. England, Jr. on 1/10/2012 ORDERING 233 the Court finds that the United States is entitled to receive the excess funds in the Court's registry. The Clerk shall distribute all remaining funds from this case to the United States. The check shall be made payable to "United States Treasury" and shall be sent to the United States Department of Justice, ATTN: TaxFLU, P.O. Box 310, Washington, D.C., 20044. The phrase "Carey 2005104103" shall be placed in the memo line of the check. (cc: CFS)(Reader, L) Modified on 1/10/2012 (Reader, L).
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Filing
231
ORDER signed by Judge Morrison C. England, Jr. on 11/8/2011 GRANTING 226 Motion to Confirm sale of the real property located at 23658 Highway 299E, Bella Vista, California 96008; APPROVING the Proposed Deed of said property. An appropriate official at the IRS shall execute and deliver the Deed to the Property to the purchaser, Michael Hanley Harvey. The proceeds of the sale, totaling $210,000.00, shall be distributed as follows: 1. To the IRS Property Acquisition and Liquidation Specialis t, $1,419.65; 2. To Shasta County, $4,886.14 if distribution is made before 10/1/2011, $4,945.06 if distribution is made on or after 10/1/2011, but before 11/1/2011, or $5,003.98 if distribution is made on or after 11/1/2011, but before 12/1/2011; 3. To Patricia Welch, $106,469.03 if distribution is made before 10/1/2011, $107,066.92 if distribution is made on or after 10/1/2011, but before 11/1/2011, or $107,664.81 if distribution is made on or after 11/1/2011 , but before 12/1/2011; 4. To the USA, $97,225.18 if distribution is made before 10/1/2011, $96,568.37 if distribution is made on or after 10/1/2011, but before 11/1/2011, or $95,911.56 if distribution is made on or after 11/1/2011, bu t before 12/1/2011. Confirmation of the sale shall, and hereby does, discharge and extinguish all interests in, liens against, or claims to the Property that are held by the USA; Michael Carey; Leone Carey; the Ranch Holding Trust, including its Trus tee(s) and beneficiaries; the Hidden Meadows Holding Trust, including its Trustee(s) and beneficiaries; Pamela Graff; Patricia Welch; the State of California Franchise Tax Board; and the State of California Department of Industrial Relations. The purchaser of the Property may record this Order in the public records of Shasta County or in other public records as he may find appropriate. (Michel, G)
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Filing
229
ORDER signed by Judge Morrison C. England, Jr., on 9/20/11 ORDERING that counsel for plaintiff is GRANTED permission to appear by telephone at the 9/29/11 motion hearing. (Kastilahn, A)
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Filing
225
ORDER signed by Judge Morrison C. England, Jr on 9/1/11 PERMITTING buyer of Bella Vista Property to possess property pending confirmation of sale. (Donati, J)
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Filing
223
AMENDED ORDER signed by Judge Morrison C. England, Jr. on 8/29/2011 ORDERING that the hearing on United States' 215 Motion to Allow Purchaser to Possess Bella Vista Property Pending Confirmation of Sale shall be heard on Tuesday, 9/6/2011, at 2:00 p.m.. Any oppositions to the Motion shall be due no later than Thursday, 9/1/2011, at 4:00 p.m. (Zignago, K.)
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Filing
220
ORDER signed by Judge Morrison C. England, Jr on 8/18/2011 ORDERING 215 MOTION to Allow Purchaser to Possess Bella Vista Property Pending Confirmation of Sale filed by United States of America shall, unless it is removed from the oral argument calendar pursuant to LR 230, be hear 8/18/2011 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr.; any oppositions to the Motion shall be due no later than 8/16/2011. (Waggoner, D)
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Filing
217
ORDER granting 213 Motion for Disbursement of Funds signed by Judge Morrison C. England, Jr on 8/5/11: The Clerk's Office shall forthwith disburse the funds from the sale of the Palo Cedro Property. Paragraph (5) of the Court's March 9, 2011 Order Confirming Sale of this property is hereby STRICKEN in favor of the distributions set in this order. All other 11 provisions in the Courts March 9 Order remain unchanged and in full effect. (Kaminski, H)
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Filing
212
ORDER signed by Judge Morrison C. England, Jr. on 7/13/2011 ORDERING that the Shasta County Sheriff's Office is HEREBY AUTHORIZED, but not directed, to take any and all actions that the Court authorized the United States Marshal to take in the C ourt's 125 , 160 and 202 Orders. This Order does not eliminate or restrict the United States Marshal's authorization to carry out the same Orders. This Order does not modify the authority to act set out in the same Orders. The United States may treat as a cost of the sale of the Bella Vista property any reasonable fees it pays to the Sheriff's Office to execute the Court's previous Orders. (Zignago, K.)
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Filing
207
ORDER signed by Judge Morrison C. England, Jr on 6/29/11 ORDERING hearing on 204 MOTION for Order Authorizing Shasta County Sheriff's Office to Execute Previous Orders be heard on 7/14/2011 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. Any opposition to the motion due by 7/8/2011. (Meuleman, A)
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Filing
202
ORDER signed by Judge Morrison C. England, Jr on 4/5/11 ORDERING that the United States 193 Motion for Second Order of Ejectment is GRANTED. Jason Penta, and any other occupant of the Bella Vista Property, shall vacate and depart from the Bella Vi sta Property no later than midnight on the second day following the date of entry of this Order. It is further ORDERED that the United States Marshal Service is authorized and directed to enforce this Order at any time that it deems appropriate afte r midnight on the second day following the date of entry of this Order. It is further ORDERED that if Jason Penta, Ernest Aldridge, Michael Carey, Leone Carey, or any other person with knowledge of this Order fails to vacate and depart from the Prop erty by midnight on the second day following the entry of this Order; attempts to enter onto the Property after that date and time; or purports to authorize, permit, or in any way allow any person to remain on the Property or to enter onto the Proper ty after that date and time, that person shall be subject to being found in contempt of this Order of this Court, which may subject that person to a fine, incarceration, or both. It is further ORDERED that the United States shall provide notice of t his Order to Jason Penta by transmitting a true and complete copy thereof to Robert Logan, Esq., counsel for Jason Penta, and by posting a copy of this Order on the gate leading to the Bella Vista Property from Highway 299E no later than midnight on the first day following entry of this Order. (cc: USM)(Duong, D)
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Filing
192
ORDER CONFIRMING SALE of REAL PROPERTY LOCATED AT REDDING, CA signed by Judge Morrison C. England, Jr on 3/9/11. (Kaminski, H)
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Filing
189
ORDER granting 182 Request to appear by telephone signed by Judge Morrison C. England, Jr on 3/7/11: (Kaminski, H)
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Filing
179
ORDER signed by Judge Morrison C. England, Jr. on 11/02/10 ORDERING that dft Aldridge's 176 Motion to Vacate and 177 plf's Motion for OSC are DENIED. (Benson, A.)
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Filing
175
ORDER signed by Judge Morrison C. England, Jr. on 08/11/10 ORDERING that plf's 165 Motion for Rehearing is DENIED. (Benson, A.)
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Filing
161
ORDER signed by Judge Morrison C. England, Jr on 05/26/10 DENYING 145 Motion to Vacate Judgment; DENYING 153 Motion to Intervene. (Williams, D) Modified on 5/27/2010 (Williams, D).
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