USA v. Kimmell et al
Plaintiff: USA
Defendant: Gerald E. Kimmell, Evelyn R. Kimmell, High Plains Electrical Contracting, Wolfengang, LLC, Colorado, State of and Department of Revenue
Case Number: 1:2008cv00253
Filed: February 6, 2008
Court: US District Court for the District of Colorado
Office: Denver Office
County: Arapahoe
Presiding Judge: Wiley Y. Daniel
Presiding Judge: Kristen L. Mix
Nature of Suit: Taxes
Cause of Action: 26 U.S.C. ยง 7401 IRS: Tax Liability
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
July 23, 2010 Opinion or Order Filing 65 ORDER ADMINISTRATIVELY CLOSING CASE is GRANTED. This case is ADMINISTRATIVELY CLOSED pursuant to D.C.COLO.LCivR 41.2, subject to being reopened upon a showing of good cause by motion of any party. Should any party seek to enforce the terms of the set tlement, they shall move to reopen the case from administrative closure. It is FURTHER ORDERED that the Order of Foreclosure and Judicial Sale 59 is VACATED. Finally, it is ORDERED that upon notification by the United States that the payment due under the settlement has been received, the United States shall file a motion to dismiss this case with prejudice. by Chief Judge Wiley Y. Daniel on 7/23/2010. (erv, )
April 6, 2010 Opinion or Order Filing 63 ORDER granting 62 the United States Motion to Alter Judgment Pursuant to Rule 60(a) and to Vacate Order Pursuant to Rule 60(a) and (b); granting 62 Motion to Vacate 60 Order Dismissing Case. In accordance therewith, it is ORDERED that the Order of Dismissal of this case is VACATED. The Clerk of Court shall REOPEN the case pending the sale of the subject property. When the sale is complete, the United States shall promptly advise the Court of the sale, submit a proposed form of order for th e Courts confirmation of the sale, and seek dismissal of the case when appropriate. Upon dismissal of the case, an amended judgment will be issued consistent with that proposed by the United States. by Chief Judge Wiley Y. Daniel on 4/6/2010.(erv, )
March 30, 2010 Opinion or Order Filing 60 ORDER DISMISSING CASE IT IS HEREBY ORDERED that Judgment having been entered in favor of the United States as to the First Claim for Relief (To Reduce Tax Assessments Against Gerald Kimmell to Judgment) and the Second Claim for Relief (Foreclose Fede ral Tax Liens Against the Subject Property) of the United States Amended Complaint 23 , and the sale of the Subject Property Confirmed by this Court pursuant to 28 U.S.C. §§ 2001-2002 59 , the instant action is hereby DISMISSED WITH PREJUDICE. The United States shall submit an application and bill of costs with the Clerk of Court within 14 days of entry of this Order pursuant to D.C.COLO.LCivR 54.1. by Chief Judge Wiley Y. Daniel on 3/30/2010. (erv, )
March 26, 2010 Opinion or Order Filing 59 ORDER OF FORECLOSURE AND JUDICIAL SALE, Granting 57 the United States Motion for Order of Foreclosure and Judicial Sale. The motion seeks entry of an Order of Foreclosure and Judicial Sale for the real property upon which the United States seeks to foreclose its federal tax liens, located at 5129 South Tom Bay Road, Bennett, Colorado, 80102. The United States submitted a Memorandum in Support of its Motion. The Court, having reviewed the Motion and Memorandum and being fully advised in the premises, enters this Order of Foreclosure and Decree of Sale. by Chief Judge Wiley Y. Daniel on 3/26/2010.(erv, )
March 22, 2010 Opinion or Order Filing 56 ORDER granting 53 United States' Motion for Summary Judgment as to Claim Two. The United States may foreclose its tax liens on the subject property. It is FURTHER ORDERED that the United States shall file a Proposed Order of Foreclosure and Judicial Sale by Thursday, March 25, 2010, along with a proposed order to dismiss this case since all claims have now been ruled on. by Chief Judge Wiley Y. Daniel on 3/22/2010.(erv, )
December 3, 2009 Opinion or Order Filing 55 ORDER FOR ENTRY OF PARTIAL JUDGMENT re: 52 Stipulation filed by USA, is APPROVED. Judgment shall be entered in favor of the United States and against Gerald E. Kimmell on the First Claim for Relief of the First Amended Complaint in the amount of Fi ve-hundred-forty-three Thousand Nine Hundred- eighty-three Dollars and Seventy-seven Cents ($543,983.77) plus interest from August 31, 2007 as provided by 28 U.S.C. § 1961(c) and 26 U.S.C. § 6621. It is FURTHER ORDERED that the Second Claim for Relief remains pending. by Chief Judge Wiley Y. Daniel on 12/3/09. (erv, )
July 1, 2009 Opinion or Order Filing 49 MINUTE ORDER granting 47 parties Joint Motion to Vacate Dispositive Motion Deadline. The dispositive motions deadline is extended to 11/15/2009. Dispositive Motions due by 11/15/2009. Per the parties request, a telephonic status conference is set for 10/01/2009 at 10:00 a.m. MST. By Magistrate Judge Kristen L. Mix on 07/01/2009.(sah, )
January 8, 2009 Opinion or Order Filing 45 MINUTE ORDER granting 42 Defendants [Gerald E. Kimmel and Evelyn R. Kimmells] Motion for Leave to Attend Status Conference Telephonically. The Court previously granted leave for Plaintiffs counsel to appear telephonically 41 . Because the Court d oes not have the technical capability to transfer multiple telephone lines into the courtroom, counsel for Plaintiff shall set up a conference call for the parties appearing by telephone and those parties shall contact Chambers on a single line at (303) 335-2770 to participate. by Magistrate Judge Kristen L. Mix on 1/8/09.(erv, )
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Plaintiff: USA
Represented By: Aaron Michael Bailey
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Defendant: Gerald E. Kimmell
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Defendant: Evelyn R. Kimmell
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Defendant: High Plains Electrical Contracting
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Defendant: Wolfengang, LLC
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Defendant: Colorado, State of
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Defendant: Department of Revenue
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