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United States v. Caraway

United States District Court, N.D. California, San Francisco Division

July 28, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
DOUGLAS CARAWAY, et al., Defendants.

          BRIAN J. STRETCH (CABN 163973) United States Attorney THOMAS MOORE Assistant United States Attorney Chief, Tax Division CYNTHIA STIER Assistant United States Attorney Attorneys for United States of America

          THIRD AMENDED [PROPOSED] JUDGMENT AND DECREE OF SALE

          MAXINE M. CHESNEY United States District Judge.

         The motion for summary judgment filed September 9, 2011 by plaintiff United States of America having come before the Court and no opposition thereto having been filed, said motion is hereby GRANTED, and the Court having reviewed the Summary Judgment orders entered against Douglas Caraway on December 14, 2010, and May 25, 2011, and good cause appearing, IT IS ORDERED, 1. That plaintiff United States of America shall have judgment against and recover from defendant, Douglas Caraway, for the tax years 1999, 2000, 2001, 2002, 2003 and 2004 the sum of $163, 897.25 plus statutory additions which have and will continue to accrue as provided by law from December 7, 2010, until paid.

         2. That plaintiff United States of America shall have judgment against and recover from defendant, Douglas Caraway, for the tax years 1995 and 1998 the sum of $17, 737.10 statutory additions which have and will continue to accrue as provided by law from May 25, 2011, until paid.

         3. Judgment is to accrue interest at the rate provided by 26 U.S.C. § 6621. IT IS FURTHER ORDERED, 4. Pursuant to 28 U.S.C. §§ 2001 and 2002 and 26 U.S.C. §§ 7402 and 7403, the Court rules and orders as follows:

         5. Douglas Caraway owns the real property located at 734 Neal Avenue, San Carlos, California 94070, and described in the Official Records in the office of the County Recorder, San Mateo County, California, describing the real property (hereinafter the “Property”) as follows:

THE NORTHWESTERLY 50 FEET, FRONT AND REAR MEASUREMENTS OF LOT 2, as shown on that certain map entitled “REDWOOD HEIGHTS QUARTER ACRES, A SUBDIVISION OF LOTS 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of REDWOOD HEIGHTS NEAR REDWOOD CITY, SAN MATEO COUNTY, CALIFORNIA”, which map was filed in the office of the Recorder of the County of San Mateo, State of California, on June 16, 1919, in Book 10 of Maps at page 20.

         APN 051-142-140 JPN 051-014-142-14

         6. The United States Marshal for the Northern District of California, his/her representative, or an Internal Revenue Service Property Appraisal and Liquidation Specialist (“PALS”), is authorized and directed under 28 U.S.C. §§ 2001 and 2002 to offer for public sale and to sell the Property. The United States may choose either the United States Marshal or a PALS to carry out the sale under this order and shall make the arrangements for any sale as set forth in this Order.

         7. The Marshal, his or her representative, or a PALS representative is authorized to have free access to the Property and to take all actions necessary to preserve the Property, including, but not limited to, retaining a locksmith or other person to change or install locks or other security devices on any part of the property, until the deed to the Property is delivered to the ultimate purchaser(s).

         8. The terms and conditions of the sale of the property are as follows:

a. the sale of the Property shall be free and clear of the interests of: Douglas Caraway; Fremont Bank; the State of California Employment Development Department; the State of California Franchise Tax Board; the San Joaquin County District Attorney’s Office, Family Support Division; Chester J. Gilbert; Collectronics, Inc.; John Eggli; Collection Bureau of America; Amanda Hummel; Fred Hummel; and Stephen Caraway;
b. the sale shall be subject to the building lines, if established, all laws, ordinances, and governmental regulations (including building and zoning ordinances) affecting the property, and easements and restrictions of record, if any;
c. the sale shall be held at the courthouse of the county or city where the Property is located, on the Property’s premises, or at any other place in accordance with the ...

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