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United States v. Whitman

United States District Court, Ninth Circuit

August 5, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
DONALD R. WHITMAN; CYNTHIA L. CHERRY, formerly known as CYNTHIA L. WHITMAN; WILLIAM RYAN FOWLER, in his capacity as Trustee of RUBY TRUST; WHITEWATER LLC; STATE OF CALIFORNIA FRANCHISE TAX BOARD, Defendants.

ORDER

EDMUND F. BRENNAN, District Judge.

Plaintiff's motion for entry of default judgment against defendant Cynthia L. Cherry, formerly known as Cynthia L. Whitman ("Cherry") on Claims Two and Three of plaintiff's complaint was submitted without oral argument by the magistrate judge after further briefing on April 8, 2013. The matter was referred to a United States Magistrate Judge pursuant to Local Rule 302(c)(19) and 28 U.S.C. § 636(b)(1).

On May 14, 2013, the magistrate judge filed findings and recommendations herein which contained notice to the parties that any objections to the findings and recommendations were to be filed within fourteen days. No objections were filed.

The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis. Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed May 14, 2013, are adopted in full;

2. Plaintiff's motion for default judgment against defendant Cynthia L. Cherry, formerly known as Cynthia L. Whitman, on Counts Two and Three of plaintiff's complaint is granted;

3. As to Count Two of the complaint, default judgment is entered in favor of the United States and against Cherry in the amount of $30, 937.85 for Cherry's individual income tax liabilities, plus interest as provided by 28 U.S.C. § 1961(c) and 26 U.S.C. § 6621 from March 1, 2013; and

4. As to Count Three of the complaint, default judgment is entered against Cherry in the amount of $2, 324.39 for Cherry's 2004 joint federal income tax liabilities, plus interest as provided by 28 U.S.C. § 1961(c) and 26 U.S.C. § 6621 from March 1, 2013.


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