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United States v. Clingenpeel

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


November 12, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
RAY CLINGENPEEL; SHIRLEY A. CLINGENPEEL; TUFFY RUFFY TRUST BY DAVID K. JACOBS, TRUSTEE AND/OR BY ANITA MORRISON, TRUSTEE; SUSAN BELL TRUST BY DAVID K. JACOBS, TRUSTEE; AND/OR BY ANITA MORRISON, TRUSTEE; ATEL CAPITAL GROUP; STATE OF CALIFORNIA FRANCHISE TAX BOARD; RESIDENTIAL CREDIT SOLUTIONS; CITIBANK (SOUTH DAKOTA) NA; TASHIMA FAMILY TRUST BY MIKIYE TASHIMA, TRUSTEE; DEFENDANTS.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER MODIFYING SCHEDULE

Plaintiff United States of America requests a continuance of the hearing on the United States' motion for summary judgment, currently set for November 22, 2010, at 10:00 a.m. to a new date of January 10, 2011, at 10:00 a.m. The United States further requests that the Court vacate the remaining dates of the existing scheduling order in this case. The Clingenpeels, taxpayers and defendants here, have submitted amended tax returns which may avoid the need to adjudicate some issues in this case. Counsel for the United States believes that any remaining issues will be resolved by the pending motions. Upon good cause shown,

IT IS ORDERED THAT

1. The hearing on the United States' motion for summary judgment and motion for entry of default judgment (Doc. No. 27), presently set for November 22, 2010, at 10:00 a.m., is continued to January 10, 2011, at 10:00 a.m. in Courtroom 3.

2. The final pretrial conference date (November 29, 2010) and the trial date (January 4, 2011) in the scheduling order (Doc. No. 22) are vacated. The Court will re-schedule the case if necessary after the pending dispositive motions are decided.

IT IS SO ORDERED

20101112

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