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United States of America v. Michael Carey; Leone Carey; Douglas Carpa and

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


March 9, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
MICHAEL CAREY; LEONE CAREY; DOUGLAS CARPA AND
ROBERT TALBOT, AS TRUSTEES OF THE RANCH HOLDING TRUST;
MICHAEL BLOOMQUIST, AS TRUSTEE OF THE HIDDEN MEADOWS HOLDING TRUST;
PAMELA GRAFF; PATRICIA WELCH;
STATE OF CALIFORNIA FRANCHISE TAX BOARD; AND
STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS, DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER CONFIRMING SALE OF REAL PROPERTY LOCATED AT 22510 HEARTWOOD LANE, PALO CEDRO, CALIFORNIA

Hearing date: March 10, 2011

Hearing time: 2:00 p.m.

Hearing place: 501 I Street, Sacramento, CA Courtroom 7

This matter came before the Court on the United States' Motion for Orders Confirming Sale of Palo Cedro and Redding Properties and for Distribution of Proceeds ("Motion to Confirm Order Confirming Sale of Real Property Located at 22510 Heartwood Lane, Palo Cedro, California Sale"). Pursuant to the provisions of Local Rule 230(g), the Court determined that oral argument on the motions was not of material assistance. Consequently, the matter was submitted on the papers. Upon consideration of the Motion to Confirm Sale, the opposition submitted by Ernest C. Aldridge, and the government's reply, and good cause appearing therefor, it is hereby ORDERED as follows:

1) This Order concerns the real property located at 22510 Heartwood Lane, Palo Cedro, California, 96073 ("the Property"). The Property is more particularly described as follows:

Parcel A as shown on the map entitled "Parcel Map No. 26-73 in the unincorporated territory of Shasta County California. A portion of the N.W. 1/4 of the N.W. 1/4 of Section 4 Township 31 North, Range 3 West, M.D.B. & M., FOR ROBERT SILVA" recorded in the office of the County Recorder August 16, 1972 in Book 1 of Parcel Maps at page 110, Shasta County Records. Together with a non-exclusive easement for road and utility purposes over, under and across a strip of land 30.00 feet in width, lying Southerly of and adjoining the South line of said Parcel A. Said easement is for the benefit of and appurtenant to said Parcel A or any parts or portions thereof.

2) The Court finds that the Property was sold at public auction on December 8, 2010, in accordance with 28 U.S.C. §§ 2001 and 2002 and this Court's Order entered February 11, 2008. Accordingly, the United States' Motion to Confirm Sale is hereby GRANTED with respect to the Property.

3) It is hereby ORDERED that the sale is confirmed.

4) It is FURTHER ORDERED that the Proposed Deed to Real Property Located at 22510 Heartwood Lane, Palo Cedro, California, submitted by the United States is APPROVED, and that an appropriate official at the Internal Revenue Service shall execute and deliver the Deed to the Property to the purchaser, Scott Harvey.

Order Confirming Sale of Real Property Located at 22510 Heartwood Lane, Palo Cedro, California

5) It is FURTHER ORDERED that the proceeds of the sale, which total $146,000, shall be distributed as follows:

First, to the Internal Revenue Service Property Acquisition and Liquidation Specialist in the sum of $742.92 for the costs of the sale of the Property, including advertising and locksmith expenses. The check shall be made payable to "United States Treasury" and shall be sent to the Internal Revenue Service, ATTN: Douglas McDonald, 751 Daily Drive, Suite 100, Camarillo, California, 93010, and the phrase "Carey -- Palo Cedro" shall be placed in the memo line of the check.

Second, to Shasta County for payment of due and owing ad valorem taxes on the Property. The check shall be made payable to "Shasta County Tax Collector" and shall be sent to the Shasta County Tax Collector's Office, PO Box 991830, Redding, California, 96099-1830, and the phrase "AP No. 060-680-003" shall be placed in the memo line of the check. The amount of this payment to Shasta County shall be $4,552.96, if distribution is made after March 1, 2011 and before April 1, 2011; $4,582.72, if distribution is made after April 1, 2011 and before April 10, 2011; and $4,691.67, if distribution is made after April 10, 2011 and before May 1, 2011.

Third, to the United States of America for application to the unpaid federal income tax liabilities for the years 1995 through 2000. The check shall be made payable to "United States Treasury" and shall be sent to Adam D. Strait, Trial Attorney, U.S. Department of Justice, P.O. Box 683, Washington, D.C. 20044, and the phrase "Carey 2005104103" shall be placed in the memo line of the check. The amount of this payment to the United States of America shall be the remainder of the proceeds: $140,704.12, if distribution is made after March 1, 2011 and Order Confirming Sale of Real Property before April 1, 2011; $140,674.36, if distribution is made after April 1, 2011 and before April 10, 2011; and $140,565.41, if distribution is made after April 10, 2011 and before May 1, 2011.

6) It is FURTHER ORDERED that the confirmation of the sale shall, and hereby does, discharge and extinguish all interests in, liens against, or claims to the Property that are held by the United States of America; Michael Carey; Leone Carey; the Ranch Holding Trust, including its Trustee(s) and beneficiaries; the Hidden Meadows Holding Trust, including its Trustee(s) and beneficiaries; Pamela Graff; Patricia Welch; the State of California Franchise Tax Board; and the State of California Department of Industrial Relations.

7) It is FURTHER ORDERED that the purchaser of the Property may record this Order in the public records of Shasta County or in other public records as he may find appropriate.

IT IS SO ORDERED.

20110309

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