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U.S. v. DELA CRUZ, 15-cv-05863-DMR. (2016)

Court: District Court, N.D. California Number: infdco20160204e98 Visitors: 11
Filed: Feb. 04, 2016
Latest Update: Feb. 04, 2016
Summary: ORDER SETTING MEET AND CONFER REGARDING THE GOVERNMENT'S PROPOSAL Re: Dkt. Nos. 1, 9, 11 DONNA M. RYU , Magistrate Judge . On December 21, 2015, the United States filed a Petition for Judicial Approval of an administrative levy by the Internal Revenue Service ("IRS") upon the principal residence of respondent Pamela Dela Cruz to satisfy outstanding tax assessments against her for unpaid federal income taxes, penalties, interest, and other statutory additions. Docket No. 1. On December 30,
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ORDER SETTING MEET AND CONFER REGARDING THE GOVERNMENT'S PROPOSAL

Re: Dkt. Nos. 1, 9, 11

On December 21, 2015, the United States filed a Petition for Judicial Approval of an administrative levy by the Internal Revenue Service ("IRS") upon the principal residence of respondent Pamela Dela Cruz to satisfy outstanding tax assessments against her for unpaid federal income taxes, penalties, interest, and other statutory additions. Docket No. 1. On December 30, 2015, the court issued a Notice of Hearing and an Order to Show Cause for Dela Cruz to file a written objection to the Petition by January 27, 2016. The Notice enumerated the three available bases for objection, and set a February 11, 2016 hearing date. Docket No. 4.

On January 28, 2016, Dela Cruz filed a written objection, stating that she believed she could sell her residence and satisfy her outstanding tax obligations. Docket No. 9. The court requested, and the United States provided, a response to Dela Cruz's objection. Docket Nos. 10, 11. In its response, the United States indicates that it is willing to agree to the delay of the entry of an Order approving the requested levy, and to a private sale of the residence, under certain conditions. Docket No. 11.

The court hereby sets a one-hour meet-and-confer from 10:00 a.m. to 11:00 a.m. on Thursday, February 11, 2016 in the Attorney Lounge on the fourth floor of the Oakland Courthouse. The parties shall discuss the United States' proposal for conditions for a private sale of the residence. The February 11, 2016, 11:00 a.m. hearing remains on calendar. The parties should come prepared to present to the court any agreement reached regarding the Unites States' proposal.

IT IS SO ORDERED.

Source:  Leagle

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