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Gretta M. Bernabe v. United States of America

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


December 20, 2011

GRETTA M. BERNABE,
PLAINTIFF,
v.
UNITED STATES OF AMERICA,
DEFENDANT.
UNITED STATES OF AMERICA,
COUNTERCLAIMANT,
v.
GRETTA M. BERNABE,
COUNTERCLAIM‐DEFENDANT.
UNITED STATES OF AMERICA,
THIRD PARTY PLAINTIFF,
v.
EMMANUEL BERNABE,
THIRD PARTY DEFENDANT.

The opinion of the court was delivered by: Dean D. Pregerson United States District Judge

ANDRE BIROTTE JR. United States Attorney SANDRA R. BROWN Assistant United States Attorney Chief, Tax Division GAVIN L. GREENE (SBN 230807) Assistant United States Attorney Room 7211 Federal Building 300 North Los Angeles Street Los Angeles, CA 90012 Telephone: (213) 894‐4600 Facsimile: (213) 894‐0115 Email: Gavin.Greene@usdoj.gov Attorneys for the United States of America

JS-6

Judgment against Plaintiff and Counterclaim‐Defendant Gretta M. Bernabe Hearing before Judge Pregerson:

Date: December 19, 2011

Time: 10:00 a.m.

Address: United States Courthouse

Courtroom 3 312 N. Spring Street Los Angeles, CA, 90012

The Motion for Summary Judgment filed by the United States of America (Defendant and Counterclaimant) and against Gretta M. Bernabe (Plaintiff and Counterclaim‐Defendant), came on for hearing before the Court on December 19, 2011. Based on the papers filed in this case, the arguments advanced at the hearing, and all other matters properly made part of the record:

IT IS ORDERED that judgment is entered against Gretta M. Bernabe for all relief requested in her Complaint for Refund and Abatement of Tax.

IT IS FURTHER ORDERED judgment is entered in favor of the United States of America for its Counterclaim against Gretta M. Bernabe, and that Gretta M. Bernabe is indebted to the United States of America in the amount of $8,536,961.74 as of September 30, 2011, plus all subsequent statutory accruals as allowed by law, including interest pursuant to 28 U.S.C. § 1961(c)(1) and 26 U.S.C. §§ 6601 and 6621.

IT IS FURTHER ORDERED that Gretta Bernabe, Dahlia Jimenez, and Emmanuel Bernabe are jointly and severally liable for the trust fund recovery penalty related to Pleasant Care for the periods ending September 30, 2006, December 31, 2006, and March 31, 2007.

IT IS FURTHER ORDERED that this Judgment resolves all issues in this case in favor of the United States.

IT IS SO ORDERED.

20111220

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