Filed: Mar. 14, 2018
Latest Update: Mar. 14, 2018
Summary: STIPULATED REQUEST TO DISMISS PLAINTIFF'S CLAIMS WITH PREJUDICE AND TO DISMISS UNITED STATES' COUNTERCLAIM WITHOUT PREJUDICE AND [PROPOSED] ORDER KANDIS A. WESTMORE , Magistrate Judge . Plaintiff, Karl Hess, and the United States of America, hereby stipulate and agree, pursuant to this Court's approval, as follows: 1. That the claims filed by Plaintiff, Karl Hess, be dismissed with prejudice, pursuant to Fed.R.Civ.P. 41(a)(2). 2. That the counterclaim, filed by the United States of Am
Summary: STIPULATED REQUEST TO DISMISS PLAINTIFF'S CLAIMS WITH PREJUDICE AND TO DISMISS UNITED STATES' COUNTERCLAIM WITHOUT PREJUDICE AND [PROPOSED] ORDER KANDIS A. WESTMORE , Magistrate Judge . Plaintiff, Karl Hess, and the United States of America, hereby stipulate and agree, pursuant to this Court's approval, as follows: 1. That the claims filed by Plaintiff, Karl Hess, be dismissed with prejudice, pursuant to Fed.R.Civ.P. 41(a)(2). 2. That the counterclaim, filed by the United States of Ame..
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STIPULATED REQUEST TO DISMISS PLAINTIFF'S CLAIMS WITH PREJUDICE AND TO DISMISS UNITED STATES' COUNTERCLAIM WITHOUT PREJUDICE AND [PROPOSED] ORDER
KANDIS A. WESTMORE, Magistrate Judge.
Plaintiff, Karl Hess, and the United States of America, hereby stipulate and agree, pursuant to this Court's approval, as follows:
1. That the claims filed by Plaintiff, Karl Hess, be dismissed with prejudice, pursuant to Fed.R.Civ.P. 41(a)(2).
2. That the counterclaim, filed by the United States of America, be dismissed without prejudice, pursuant to Fed.R.Civ.P. 41(a)(2).
3. That each party bear its own costs and attorney fees.
4. That Plaintiff, Karl Hess, may pursue his administrative remedies, if any, before the IRS by submitting an Offer in Compromise based solely on collectability or an Installment Agreement. Plaintiff may not pursue his claims in a Collection Due Process hearing. Plaintiff may not make any Offer in Compromise based on the efficient administration of tax law, or based on any equitable grounds outside of doubt as to collectability.
5. Other than the limitations set forth in paragraph 4, above, Plaintiff, Karl Hess, will have no restriction on his ability to pursue other legal civil remedies against non-government, third parties associated with MMH Administrative Services and its related entities.
SO ORDERED.
