United States of America v. Malinowski et al
Plaintiff: United States of America
Defendant: Kenneth John Malinowski, Patricia I. Malinowski, The Popular Society of Sovereign Ecclesia, GMAC Mortgage Corporation, State of California Franchise Tax Board, Citibank South Dakota, N.A., Sacramento County and Stan Hokenson
Case Number: 2:2011cv01187
Filed: May 3, 2011
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: John A. Mendez
Presiding Judge: John F. Moulds
Nature of Suit: Taxes (US Plaintiff or Defendant)
Cause of Action: 26 U.S.C. ยง 7403
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
July 9, 2014 Opinion or Order Filing 106 ORDER CONFIRMING SALE AND DISTRIBUTING PROCEEDS signed by Judge John A. Mendez on 7/9/14 ORDERING the United States' 97 Motion to Confirm is hereby GRANTED. (Becknal, R)
October 24, 2012 Opinion or Order Filing 89 ORDER signed by Magistrate Judge John F. Moulds on 10/24/2012 ORDERING that the 10/25/2012 hearing on this matter is VACATED. Defendants' 77 Motion to Compel is DENIED. (CRD to contact pro se defendants) (Zignago, K.)
October 19, 2012 Opinion or Order Filing 88 ORDER OF SALE signed by Judge John A. Mendez on 10/19/12. (Kaminski, H)
October 12, 2012 Opinion or Order Filing 84 ORDER signed by Judge John A. Mendez on 10/11/2012 ORDERING that Defendant's 76 Motion for Reconsideration is DENIED. (Zignago, K.)
September 20, 2012 Opinion or Order Filing 74 ORDER ("JUDGMENT") signed by Judge John A. Mendez on 9/19/2012 GRANTING government's 66 Motion for Summary Judgment. The Judgment entered in favor of United States and against defendants Kenneth J. and Patricia I. Malinowski, jointly , in amount of $2,273,527.70 plus additional interest and other statutory additions from 8/4/2012; Kenneth J. Malinowski amount of $256,274.58 plus additional interest; and against Patricia I. Malinowski in amount of $256,037.46 plus additional interest and other statutory additions. IT IS FURTHER ORDERED and ADJUDGED that United States has valid federal tax liens for unpaid income tax assessments at issue in this action against all property and rights to property belonging to Ke nneth J. Malinowski and Patricia I. Malinowski arising out of tax periods at issue. The United States tax liens against Kenneth J. Malinowski and Patricia I. Malinowski for federal income taxes for tax years 1998, 1999, 2000, 2001, 2002 and 2003 atta ched to parcel of real property located at 6037 White Cloud Ct.; Citrus Heights, CA 95621. The United Statess federal tax liens shall be foreclosed upon subject property. Plaintiff shall submit Proposed Order of Sale setting forth terms and conditions of sale of property. (Marciel, M)
August 6, 2012 Opinion or Order Filing 65 STIPULATION and ORDER re LIEN PRIORITY signed by Judge John A. Mendez on 8/6/12: (Kaminski, H)
February 23, 2012 Opinion or Order Filing 51 ORDER adopting 41 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge John A. Mendez on 2/23/12: Plaintiff's October 5, 2011 motion for default judgment is granted. The Clerk of the Court is directed to enter judgment that these defendants ha ve no interest in or claim against the subject property identified in Judge Mouldss findings and recommendations: Boaz Foundation; Stan Hokenson as Trustee of Tierra Land Trust (also known as Tierra Trust); The Popular Society of Sovereign Ecclesia; and Citibank South Dakota, N.A. (Kaminski, H)
February 22, 2012 Opinion or Order Filing 50 STIPULATION and ORDER signed by Judge John A. Mendez on 2/22/2012 re: 49 Stipulation and Proposed Order. (Waggoner, D)
December 9, 2011 Opinion or Order Filing 41 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 12/8/2011 recommending that plaintiff's 10/5/11 36 MOTION for DEFAULT JUDGMENT be granted and the motion is referred to Judge John A. Mendez; Objections due within fourteen days after being served with these findings and recommendations. (Duong, D)
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Plaintiff: United States of America
Represented By: Adam Ryan Smart
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Defendant: Kenneth John Malinowski
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Defendant: Patricia I. Malinowski
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Defendant: The Popular Society of Sovereign Ecclesia
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Defendant: GMAC Mortgage Corporation
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Defendant: State of California Franchise Tax Board
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Defendant: Citibank South Dakota, N.A.
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Defendant: Sacramento County
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Defendant: Stan Hokenson
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