United States of America v. Thompson et al
| United States of America |
| Capitol One Bank, Discover Bank, Maple Leaf Funding, Diane C. Thompson and Harlan M. Thompson |
| 8:2013cv00180 |
| June 14, 2013 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Cheryl R. Zwart |
| Taxes |
| 26 U.S.C. ยง 7403 Suit to Enforce Federal Tax Lien |
| 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
130
ORDER OF SALE issued regarding Memorandum and Order 116 and pursuant to Judgment 129 . Original and 3 copies with seal to USM; 1 copy with seal to USA. Ordered by Senior Judge Joseph F. Bataillon. (copy mailed to pro se party)(ADB)
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Filing
116
MEMORANDUM AND ORDER that pursuant to the stipulation entered into between the United States and Harlan M. Thompson and Diane C. Thompson, Filing No. 76, the Court hereby adopts the stipulation, Filing No. 76, and will enter judgment in favor of t he United States, finding the joint federal income tax liability for tax year 2002 to be $10.00, plus penalties and interest, and the Thompson's joint federal income tax liability for tax year 2003 to $2,212.00, resulting in an outs tanding balance of this liability, including penalties and interest, of $20.93 as of October 31, 2014, on the 2002 liability and $4,422.55 as of October 31, 2014, on the 2003 liability, with penalties and interest, if any, still accruing from October 31, 2014. The government shall provide an appropriate proposed judgment outlining all amounts due under the stipulation to the Court within 10 days of the date of this Memorandum and Order. The Court will then enter a separate judgme nt in accordance with this memorandum and order. The motion of the United States for default judgment against Maple Leaf Funding, a "Pure" Trust, Filing No. 65, is granted and Maple Leaf Funding, a "Pure" Trust, is dismissed f rom this lawsuit. The government's motion for summary judgment, Filing No. 64, is granted. The defendant Thompsons' motion to deny, Filing No. 99, is denied. With regard to the remaining tax issues, the government is ordered to provide the Court with a proposed judgment outlining all payments, penalties and interest that are due, consistent with this memorandum and order, within ten days of its filing. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party) (ADB)
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Filing
115
ORDER denying 111 Motion to Compel. Any objection to this Order shall be filed with the Clerk within 14 days after being served with a copy of this Order. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party) (JSF)
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Filing
110
ORDER denying 105 Motion for Extension of Time to File Brief in Opposition to Plaintiff's Motion for Summary Judgment. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party) (JSF)
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Filing
97
ORDER that the United States' Motion to Continue Trial Date and Remaining Pre-Trial Deadlines Pending Resolution of Summary Judgment Motion 90 is granted. The trial previously scheduled for January 20, 2015, is cancelled. The pretrial conferen ce date and all other pretrial deadlines are vacated. The parties shall have 10 days from the date the court rules on the pending motion for summary judgment 64 , in which to schedule a telephone planning conference with the court, if necessary, to further progress the case. Counsel for the plaintiff shall contact the chambers of the undersigned magistrate judge within such time period to schedule the telephone planning conference. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
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Filing
92
ORDER denying 79 Motion to Compel. Any objection to this Order shall be filed with the Clerk within 14 days after being served with a copy of this Order. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se parties) (JSF)
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Filing
85
ORDER granting 84 Motion for Leave to File Amended Statement of Facts. The plaintiff shall have until December 2, 2014, to file the Amended Statement of Facts. The defendants shall have until December 16, 2014, to file a response, if any, to the Amended Statement of Facts. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
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Filing
58
ORDER - The United States of America's Motion to Compel Discovery Responses (Filing No. 40 ) is granted. The Thompsons shall have to on or before July 3, 2014, to supplement their responses to the plaintiffs January 29, 2014, Interrogato ries and Requests for Production of Documents, without objection. The Thompsons shall file a certificate of service upon serving their responses. The Thompsons' Motion to Quash United States Motion to Compel Discovery Responses (Filing No. 4 3) is denied. The Thompsons' Objection to Non-Party Subpoena to Issue on May 7, 2014 Upon Bank of America (Filing No. 49 ) is overruled. The plaintiff may re-issue the subpoena. The Thompsons' Motion to Quash Plaintiff's Subpo ena Upon Bank of America (Filing No. 52 ), arguing the May 9, 2014, subpoena was improperly issued without an authorized signature, is denied as moot because this order requires the plaintiff to re-issue the subpoena. Ordered by Magistrate Judge Thomas D. Thalken. (Copies mailed to defendants) (AOA)
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Filing
19
MEMORANDUM AND ORDER - 1) Discover Bank no longer has any interest in the real property in Dixon County, Nebraska and located at 399 East 7th Street in Wakefield, Nebraska. 2) As to Capitol One Bank, if this Court awards judgment to the United St ates and authorizes foreclosure on the real property in Dixon County, Nebraska and located at 399 East 7th Street in Wakefield, Nebraska: a. The proceeds of the sale, after payment of costs and any senior liens, will first be distributed to the f ederal income tax liabilities of defendants Harlan M. Thompson and Diane C. Thompson for 2002, 2003, and 2006, and any surplus will be distributed to Capitol One Bank in partial or full payment of its judgment lien. b. Capitol One's judgment lien is senior to the United States' remaining federal tax liens against the Thompsons. 3) Discover Bank and Capitol One Bank need not further participate in this case, and the United States may proceed without their participation. Ordered by Magistrate Judge Cheryl R. Zwart. (AOA)
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Filing
14
ORDER - The motion to strike to the Answer filed by Defendants Harlan M. Thompson and Diane C. Thompson to the extent it was purportedly filed on behalf of Defendant Maple Leaf Funding, a Pure Trust (Maple Leaf), (Filing No. 10 ), is granted. Defen dant Maple Leaf, a trust, cannot litigate its action in this forum without representation by licensed counsel. Knoefler v. United Bank of Bismarck, 20 F.3d 347, 347-48 (8th Cir. 1994). On or before September 6, 2013, Defendant Maple Leaf shall obtai n the services of counsel and have that attorney file an appearance on its behalf, in the absence of which the court may file an entry and/or judgment of default against it without further notice. The plaintiff shall promptly mail a copy of this order to Defendant Maple Leaf, and file a certificate of service stating the date and the manner of service, and the trust representative and address of service. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)(Copy mailed to pro se party).
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