Opinion
Case No. 1:12-CV-00995-LJO-SMS
12-05-2012
US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST 2005-AC7 ASSET-BACKED CERTIFICATES, SERIES 2005-AC7, Plaintiff, v. INTERNAL REVENUE SERVICE; and DOES 1-10, inclusive, Defendants.
WANGER JONES HELSLEY PC Patrick D. Toole, #190118 Troy T. Ewell, #210338 Attorneys for: Plaintiff US Bank National Association, as Trustee for Bear Stearns Asset Backed Securities
WANGER JONES HELSLEY PC Patrick D. Toole, #190118
Troy T. Ewell, #210338
Attorneys for: Plaintiff US Bank National Association, as Trustee for Bear Stearns Asset
Backed Securities
STIPULATION AND ORDER TO CONTINUE MANDATORY
SCHEDULING CONFERENCE
Current Date: December 11, 2012
U.S. Magistrate Judge Sandra M. Snyder
WHEREAS on April 27, 2012, Plaintiff US Bank National Association, as Trustee for Bear Stearns Asset Backed Securities Trust 2005-AC7 Asset-Backed Certificates, Series 2005-AC7 ("US Bank") filed its Verified Complaint in this action in the Superior Court of California, County of Kings against Defendant Internal Revenue Service ("IRS").
WHEREAS on June 20, 2012, IRS filed its Notice of Removal of Action removing the action from the Superior Court of California, County of Kings to this Court. (ECF Doc. No. 1.)
WHEREAS, on June 20, IRS filed its Notice of Substitution of Parties substituting the United States of America ("USA") in place of its agency the Internal Revenue Service. (ECF Doc. No. 2.)
WHEREAS, this Court's Order Setting Mandatory Scheduling Conference, (ECF Doc. No. 3), scheduled the Mandatory Scheduling Conference for September 18, 2012, at 9:30 a.m. in Courtroom 1.
WHEREAS, this Court's Minute Order (ECF Doc. No. 6) moved the Mandatory Scheduling Conference to October 9, 2012, in Courtroom 1.
WHEREAS, US Bank and USA stipulated to, and the Court ordered, that the Mandatory Scheduling Conference be continued to December 11, 2012, at 10:00 a.m. in Courtroom 1.
WHEREAS, US Bank and USA have tentatively agreed to the terms of a proposed settlement, and USA is submitting the terms of the settlement for processing and approval by the Attorney General or an official designated by him for this purpose.
WHEREAS, while the proposed settlement has not been approved by the Attorney General, nor is the Attorney General committed to accept the settlement, US Bank and USA believe it would be most efficient for the parties to continue the Mandatory Scheduling Conference by 60-days to determine if the proposed settlement is approved and, therefore, this case can be dismissed.
WHEREAS, US Bank and USA have agreed to stipulate to continue the Mandatory Scheduling Conference to February 19, 2013.
IT IS HEREBY STIPULATED, by and between US Bank and USA, by and through their respective counsel, that:
The Mandatory Scheduling Conference in this Action, previously scheduled for December 11, 2012, should be continued to February 19, 2013, at 10:00 a.m., or such time as may be set by the Court, in Courtroom 1.
WANGER JONES HELSLEY PC
By ______________________
Patrick D. Toole, Attorneys for Plaintiff US
Bank National Association, as Trustee For
Bear Stearns Asset Backed Securities Trust
2005-AC7 Asset-Backed Certificates, Series
2005-AC7
KATHRYN KENEALLY
Assistant Attorney General
By ______________________
BORIS KUKSO
Trial Attorney, Tax Division
U.S. Department of Justice
ORDER
The Court having reviewed the foregoing Stipulation, and good cause appearing therefor:
IT IS HEREBY ORDERED that the Mandatory Scheduling Conference in this action, previously scheduled for December 11, 2012, shall be continued to February 19, 2013, at 10:00 a.m. in Courtroom 1.
SANDRA M . SNYDER
U.S. Magistrate Judge Sandra M. Snyder