10-CV-08142-JWS - DOCKET

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United States of America Plaintiff, v. Joseph J. & Eileen H. Lipari, Exeter Trinity Properties LLC Defendants.

Cases

Date Filed	#	Docket Text

08/05/2010	001	COMPLAINT, filed by United States of America (submitted by Charles Duffy). (Attachments: # 1 Civil Cover Sheet)(REK) (Entered: 08/05/2010)

08/05/2010	002	SUMMONS Submitted by United States of America (submitted by Charles Duffy). (Attachments: # 1 Summons, # 2 Summons)(REK) (Entered: 08/05/2010)

08/05/2010	003	This case has been assigned to the Honorable John W. Sedwick. All future pleadings or documents should bear the correct case number: CV 10-8142-PCT-JWS. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) (Entered: 08/05/2010)

08/05/2010	004	Summons Issued as to All Defendants. (Attachments: # 1 Summons, # 2 Summons)(REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 08/05/2010)

09/02/2010	005	MOTION for Extension of Time to File Answer re 1 Complaint by Exeter Trinity Properties LLC. (REW) (Entered: 09/03/2010)

09/02/2010	006	MOTION for More Definite Statement by Exeter Trinity Properties LLC. (REW) (Entered: 09/03/2010)

09/02/2010	007	STRICKEN per Doc.9... DEMAND for Trial by Jury by Exeter Trinity Properties LLC. (REW) Modified on 9/15/2010 (KMG). (Entered: 09/03/2010)

09/08/2010	008	AMENDED MOTION for Extension of Time to File Answer re 1 Complaint by Exeter Trinity Properties LLC. (TLJ) (Entered: 09/09/2010)

09/10/2010	009	ORDER denying without prejudice 6 Motion for More Definite Statement; denying without prejudice 8 Motion for Extension of Time to Answer; striking without prejudice 7 Jury Demand, denying without prejudice 5 MOTION for Extension of Time to File Answer re 1 Complaint. (JWS) (Entered: 09/10/2010)

09/13/2010	010	STRICKEN per Doc. 19 . . . ANSWER (entitled "Verified Answer and Affirmative Defenses Exhibits") to 1 Complaint by Exeter Trinity Properties LLC.(KMG) Modified on 9/29/2010 (JWS). (Entered: 09/14/2010)

09/14/2010	011	MOTION for Extension of Time To Obtain Counsel by Exeter Trinity Properties LLC. (Note: Letter addressed to Judge Sedwick) (KMG) (Entered: 09/15/2010)

09/22/2010	012	MOTION to Strike 10 Answer to Complaint by United States of America. (Duffy, Charles) (Entered: 09/22/2010)

09/22/2010	013	MEMORANDUM in Support of 12 MOTION to Strike 10 Answer to Complaint by Plaintiff United States of America. (Duffy, Charles) (Entered: 09/22/2010)

09/22/2010	014	DECLARATION of Charles M. Duffy re 12 MOTION to Strike 10 Answer to Complaint by Plaintiff United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Duffy, Charles) (Entered: 09/22/2010)

09/24/2010	015	NOTICE of Appearance by John W Friedeman on behalf of Exeter Trinity Properties LLC (Friedeman, John) (Entered: 09/24/2010)

09/24/2010	016	MOTION for Extension of Time Extend time to Answer Complaint by Exeter Trinity Properties LLC. (Friedeman, John) (Entered: 09/24/2010)

09/24/2010	017	AMENDED MOTION for Extension of Time to File Answer re 16 MOTION for Extension of Time Extend time to Answer Complaint by Exeter Trinity Properties LLC. (Friedeman, John) (Entered: 09/24/2010)

09/27/2010	018	JUDGE SEDWICK TEXT ORDER granting 17 Motion for Extension of Time to Answer. Exeter Trinity Properties LLC answer due 10/14/2010. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JWS) (Entered: 09/27/2010)

09/29/2010	019	ORDER denying as moot 11 Motion for Extension of Time Deadline; granting 12 Motion to Strike answer filed by a non-lawyer on behalf of Exeter Trinity Properties LLC. (JWS) (Entered: 09/29/2010)

10/06/2010	020	SUMMONS RETURNED EXECUTED on 9/14/10 re NOTICE of Proof of Service on Defendant Joseph J. Lipari by United States of America. (Attachments: # 1 Exhibit)(Duffy, Charles) Modified on 10/7/2010 (TLJ). CORRECTED to correct event. (Entered: 10/06/2010)

10/06/2010	021	SUMMONS RETURNED EXECUTED re NOTICE of Proof of Service on Defendant Eileen H. Lipari by United States of America. (Attachments: # 1 Exhibit)(Duffy, Charles) Modified on 10/7/2010 (TLJ). CORRECTED to correct event. (Entered: 10/06/2010)

10/06/2010	022	ANSWER (letter) to 1 Complaint by Eileen H Lipari, Joseph J Lipari.(TLJ) (Entered: 10/07/2010)

10/12/2010	023	ANSWER to 1 Complaint by Exeter Trinity Properties LLC.(Friedeman, John) (Entered: 10/12/2010)

11/04/2010	024	INITIAL CASE STATUS REPORT / CASE SCHEDULING & PLANNING ORDER. The parties shall meet within twenty-one (21) days from the date this order is filed, and shall execute and file with the court, on or before twenty-eight (28) days from the date of this order, a report as to the status and discovery needs of this case. (JWS) Modified on 11/4/2010 (JWS). (Entered: 11/04/2010)

12/02/2010	025	STATUS REPORT Re Scheduling and Planning by Exeter Trinity Properties LLC, United States of America. (Duffy, Charles) (Entered: 12/02/2010)

12/20/2010	026	SCHEDULING AND PLANNING ORDER: Discovery due by 5/20/2011. Dispositive motions due by 6/10/2011. Signed by Judge John W Sedwick on 12/17/10. (see order for all deadlines)(SAT) (Entered: 12/20/2010)

03/29/2011	027	Witness List by United States of America. (Duffy, Charles) (Entered: 03/29/2011)

03/30/2011	028	NOTICE re Service of Discovery by Exeter Trinity Properties LLC. (Friedeman, John) (Entered: 03/30/2011)

03/31/2011	029	Witness List by Exeter Trinity Properties LLC. (Friedeman, John) (Entered: 03/31/2011)

04/18/2011	030	NOTICE re Service of Discovery Documents by Exeter Trinity Properties LLC. (Friedeman, John) (Entered: 04/18/2011)

05/20/2011	031	NOTICE of Deposition of Joseph J. Lipari and Eileen H. Lipari, filed by United States of America. (Duffy, Charles) (Entered: 05/20/2011)

05/26/2011	032	Joint MOTION for Extension of Time Regarding the Discovery Period or, in the Alternative, to Set a Discovery Conference by Exeter Trinity Properties LLC, United States of America. (Duffy, Charles) (Entered: 05/26/2011)

06/09/2011	033	JUDGE SEDWICK TEXT ORDER re 32 Motion for Extension of Time Deadline. The stipulation at docket 32 is APPROVED. The deadline for the completion of discovery is enlarged through September 30, 2011. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JWS) (Entered: 06/09/2011)

08/11/2011	034	NOTICE of Deposition of Exeter, Elmer Vild, Jimmy Chisum and Terry Major, filed by United States of America. (Attachments: # 1 Exhibt A, # 2 Exhibit B)(Duffy, Charles) (Entered: 08/11/2011)

09/14/2011	035	Joint MOTION to Continue Dispositive Motion Deadline by Exeter Trinity Properties LLC, United States of America. (Duffy, Charles) (Entered: 09/14/2011)

09/20/2011	036	JUDGE SEDWICK TEXT ORDER re 35 Motion to Continue. The joint motion at docket 35 to extend the deadline for dispositive motions until December 1, 2011, is GRANTED. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JWS) (Entered: 09/20/2011)

12/01/2011	037	MOTION for Summary Judgment by United States of America. (Attachments: # 1 Memorandum in Support of Summary Judgment, # 2 Statement of Material Facts in Support of Summary Judgment)(Duffy, Charles) (Entered: 12/01/2011)

12/01/2011	038	DECLARATION of Charles Duffy re 37 MOTION for Summary Judgment by Plaintiff United States of America. (Attachments: # 1 Duffy Exhibits 1-3, # 2 Duffy Exhibit 4A, # 3 Duffy Exhibit 4B, # 4 Duffy Exhibits 5-7, # 5 Duffy Exhibit 8, # 6 Duffy Exhibit 9, # 7 Duffy Exhibit 10, # 8 Duffy Exhibit 11, # 9 Duffy Exhibit 12)(Duffy, Charles) (Entered: 12/01/2011)

12/01/2011	039	DECLARATION of Cheryl Bradley re 37 MOTION for Summary Judgment by Plaintiff United States of America. (Attachments: # 1 Bradley Exhibits 1-3, # 2 Bradley Exhibits 5-10)(Duffy, Charles) (Entered: 12/01/2011)

12/01/2011	040	DECLARATION of Debbie Vahe re 37 MOTION for Summary Judgment by Plaintiff United States of America. (Attachments: # 1 Vahe Exhibit 1, # 2 Vahe Exhibit 2, # 3 Vahe Exhibit 3)(Duffy, Charles) (Entered: 12/01/2011)

12/22/2011	041	MOTION for Extension of Time Extend time for filing for Summary Judgment by Exeter Trinity Properties LLC. (Attachments: # 1 Text of Proposed Order Order)(Friedeman, John) (Entered: 12/22/2011)

12/23/2011	042	*SUPPLEMENT re 41 MOTION for Extension of Time Extend time for filing for Summary Judgment by Exeter Trinity Properties LLC. (Attachments: # 1 Affidavit)(Friedeman, John) *Modified to correct event type on 12/28/2011 (SAT). (Entered: 12/23/2011)

12/23/2011	043	NOTICE re of Agreement to the Extension Request by Exeter by United States of America re 41 MOTION for Extension of Time Extend time for filing for Summary Judgment . (Duffy, Charles) (Entered: 12/23/2011)

12/23/2011	044	ORDER for good cause shown, the motion at docket 41 to extend time to file cross-motion thru December 30, 2011 is Granted. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KMG) (Entered: 12/23/2011)

12/30/2011	045	RESPONSE to Motion re 37 MOTION for Summary Judgment filed by Exeter Trinity Properties LLC. (Friedeman, John) (Entered: 12/30/2011)

12/30/2011	046	*RESPONSE re 37 MOTION for Summary Judgment Response to United States' Statement of Material Facts by Defendant Exeter Trinity Properties LLC. (Friedeman, John) *Modified to correct event type and document number on 1/5/2012 (SAT). (Entered: 12/30/2011)

12/30/2011	047	MOTION for Summary Judgment by Exeter Trinity Properties LLC. (Attachments: # 1 Supplement Memorandum)(Friedeman, John) (Entered: 12/30/2011)

12/30/2011	048	*STATEMENT of Facts re 47 MOTION for Summary Judgment by Defendant Exeter Trinity Properties LLC. (Attachments: # 1 Exhibit Ponderosa trust agreement, # 2 Exhibit Joseph Lipari depo, # 3 Exhibit deed to Ponderosa trust, # 4 Exhibit deed to Exeter, # 5 Exhibit Notice to Vacate, # 6 Exhibit O'Neil appointment, # 7 Affidavit Macek affidavit, # 8 Affidavit Joseph Lipari affidavit)(Friedeman, John) *Modified to correct document number on 1/5/2012 (SAT). (Entered: 12/30/2011)

12/30/2011	049	*Additional Attachments to Main Document re 48 Statement Statement of Facts in Support of Motion for Summary Judgment by Defendant Exeter Trinity Properties LLC. (Attachments: # 1 Errata re: splitting depo, # 2 Exhibit Eileen Lipari depo, part1, # 3 Exhibit Eileen Lipari depo, part 2, # 4 Exhibit Eileen Lipari depo, part 3, # 5 Errata re: reducing tax returns, # 6 Exhibit Tax returns 2005-2007)(Friedeman, John) *Modified to correct document number on 1/5/2012 (SAT). (Entered: 12/30/2011)

01/06/2012	050	STIPULATION Extending to January 30, 2012 the Date by Which the United States May File its Reply and Response by United States of America. (Duffy, Charles) (Entered: 01/06/2012)

01/17/2012	051	ORDER The stipulation at docket 50 is Approved. The plaintiff's reply to the motion at docket number 37 and plaintiff's response to the motion at docket 47 are due on or before January 30, 2012. Signed by Judge John W Sedwick on 1/13/2012. (KMG) (Entered: 01/17/2012)

01/27/2012	052	RESPONSE to Motion re 47 MOTION for Summary Judgment filed by United States of America. (Attachments: # 1 U.S. Response to Exeter's Statement of Facts)(Duffy, Charles) (Entered: 01/27/2012)

01/27/2012	053	REPLY to Response to Motion re 37 MOTION for Summary Judgment filed by United States of America. (Duffy, Charles) (Entered: 01/27/2012)

02/15/2012	054	SUPPLEMENT Supplement to Statement of Facts re 48 Statement, by Defendant Exeter Trinity Properties LLC. (Friedeman, John) (Entered: 02/15/2012)

02/15/2012	055	REPLY to Response to Motion re 47 MOTION for Summary Judgment filed by Exeter Trinity Properties LLC. (Friedeman, John) (Entered: 02/15/2012)

02/15/2012	056	MOTION for Leave to File Supplemental Statement of Facts by Exeter Trinity Properties LLC. (Friedeman, John) (Entered: 02/15/2012)

02/15/2012	057	LODGED Proposed Spplement to Statement of Facts re: 56 MOTION for Leave to File Motion to Supplement Facts . Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Exeter Trinity Properties LLC. (Friedeman, John) (Entered: 02/15/2012)

02/15/2012	058	*Additional Attachments to Main Document Proposed Order Granting Motion re: 56 MOTION for Leave to File Motion to Supplement Facts . Filed by Exeter Trinity Properties LLC. (Friedeman, John) *Modified to correct event type on 2/16/2012 (CMAL). (Entered: 02/15/2012)

02/22/2012	059	RESPONSE in Opposition re 56 MOTION for Leave to File Motion to Supplement Facts filed by United States of America. (Duffy, Charles) (Entered: 02/22/2012)

02/23/2012	060	REPLY to Response to Motion re 56 MOTION for Leave to File Motion to Supplement Facts filed by Exeter Trinity Properties LLC. (Friedeman, John) (Entered: 02/23/2012)

02/28/2012	061	ORDER FROM CHAMBERS The motion at docket 56 to permit the filing of a supplemental statement of facts in support of the motion for summary judgment is DENIED. The local rules make no provision for filing a second statement of facts in support of a summary judgment motion. Allowing litigants to piecemeal their statements of fact would introduce delay and uncertainty. Ordered by Judge John W Sedwick on 2/27/2012.(KMG) (Entered: 02/28/2012)

03/12/2012	062	ORDER granting in part and denying in part 37 Motion for Summary Judgment; denying 47 Motion for Summary Judgment. The motion at docket 37 is granted with respect to the tax assessments against Joseph Lipari, individually, for tax years 1994 through 1996, the tax assessments against Eileen Lipari, individually, for tax years 1994 through 1996, and the tax assessments against the Liparis jointly for tax years 1993 and 1998 through 2004. It is denied with respect to the governments claim for foreclosure on the tax liens on the South Sixth Street property. Signed by Judge John W Sedwick on 3/12/12.(JWS) (Entered: 03/12/2012)

05/18/2012	063	ORDER FROM CHAMBERS - The parties are directed to confer and to advise the court within 28 days whether this case may now be dismissed, and if so shall file either a stipulation for dismissal or suggest an appropriate form of judgment. If the parties believe the case should remain open, they shall advise the court of what additional actions the parties need to take to conclude this litigation and suggest a schedule for completion of those activities. (KMG) (Entered: 05/18/2012)

06/14/2012	064	STATUS REPORT by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Duffy, Charles) (Entered: 06/14/2012)

06/14/2012	065	MOTION for Joinder and Motion for Substitution of Party by Exeter Trinity Properties LLC. (Friedeman, John). Added MOTION to Substitute Party: on 6/15/2012 (TLJ). (Entered: 06/14/2012)

06/14/2012	066	Additional Attachments to Main Document re 65 MOTION for Joinder and Motion for Substitution Order by Defendant Exeter Trinity Properties LLC. (Friedeman, John) (Entered: 06/14/2012)

06/18/2012	067	RESPONSE in Opposition re 65 MOTION for Joinder and Motion for Substitution MOTION to Substitute Party: filed by United States of America. (Duffy, Charles) (Entered: 06/18/2012)

06/20/2012	068	REPLY to Response to Motion re 65 MOTION for Joinder and Motion for Substitution MOTION to Substitute Party: filed by Exeter Trinity Properties LLC. (Friedeman, John) (Entered: 06/20/2012)

06/22/2012	069	ORDER FOR PRETRIAL PROCEEDINGS, FINAL PRETRIAL CONFERENCE, AND TRIAL. Final Pretrial Conference set for 1/14/2013 at 08:30 AM in PHOENIX, and Jury Trial set for 1/14/2013 at 09:00 AM in PHOENIX before Judge John W Sedwick. It is anticipated that the trial will conclude on 1/17/2012. See PDF document for pretrial deadlines. Signed by Judge John W Sedwick on 6/22/12. (JWS) (Entered: 06/22/2012)

06/26/2012	070	EX PARTE MOTION to Withdraw by Exeter Trinity Properties LLC. (Friedeman, John) (Entered: 06/26/2012)

07/18/2012	071	ORDER denying 65 MOTION for Joinder and Motion for Substitution. To facilitate compliance with Rule 25(a)(3), the parties are advised that if a proper motion is promptly filed, the court will convene a telephonic conference on 8/21/2012 at 10:00 AM [Arizona Time] before Judge John W Sedwick. See PDF document for further information. (JWS) (Entered: 07/18/2012)

07/19/2012	072	AMENDED MOTION to Substitute Party: substituting Timeless Windsor Ventures in place of Exeter Trinity Properties, LLC by Exeter Trinity Properties LLC. (Friedeman, John) (Entered: 07/19/2012)

07/19/2012	073	NOTICE re Notice of Hearing by Exeter Trinity Properties LLC re 72 MOTION to Substitute Party: substituting Timeless Windsor Ventures in place of Exeter Trinity Properties, LLC . (Friedeman, John) (Entered: 07/19/2012)

07/27/2012	074	MOTION to Dismiss the Assessment Claims Made Against Defendants Joseph and Eileen Lipari for Their Separate 1997 Tax Years Without Prejudice by United States of America. (Attachments: # 1 Proposed Order)(Duffy, Charles) (Entered: 07/27/2012)

07/30/2012	075	RESPONSE in Opposition re 72 MOTION to Substitute Party: substituting Timeless Windsor Ventures in place of Exeter Trinity Properties, LLC filed by United States of America. (Attachments: # 1 Exhibit A)(Duffy, Charles) (Entered: 07/30/2012)

07/31/2012	076	ORDER granting the United States' 74 Motion - BASED ON THE United States' motion to dismiss filed on July 27th, 2012, and good cause appearing therefore, the claims to reduce assessments to judgment against Joseph Lipari for his 1997 tax year at issue in the Second Claim and the assessment claims pending against Eileen Lipari for her 1997 tax year at issue in the Third Claim are dismissed without prejudice. Signed by Judge John W Sedwick on 7/31/2012.(KMG) (Entered: 07/31/2012)

08/03/2012	077	MOTION to Strike Jury Demand by United States of America. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Duffy, Charles) (Entered: 08/03/2012)

08/21/2012	078	RESPONSE to Motion re 77 MOTION to Strike Jury Demand filed by Exeter Trinity Properties LLC. (Friedeman, John) (Entered: 08/21/2012)

08/21/2012	079	*ORDER the motion at docket 70 is GRANTED. It is further ORDERED that defendant Exeter Trinity Properties shall cause counsel to enter an appearance on its behalf within 14 days. Failure to do so will leave Exeter vulnerable to entry of its default, because it may not proceed in federal court without a lawyer to represent it. Rowland v. Calif. Men's Colony, 506 U.S. 194, 201-02 (1993). Signed by Judge John W Sedwick on 8/21/2012.(KMG) *Modified to regenerate NEF on 8/22/2012 (CMAL). Modified on 8/22/2012 (MAP). (Entered: 08/21/2012)

08/21/2012	081	Minute Entry. Proceedings held before Judge John W Sedwick: Court and counsel heard re court's order at docket 71. Court and counsel heard re defendant Exeter Trinity Properties LLC's Amended Motion to Substitute Party (Dkt 72 ); DENIED. Court and counsel heard re pending Motion to Withdraw and Motion to Strike Jury Demand. (Court Reporter Suzannette David.)(KMG) (Entered: 08/28/2012)

08/23/2012	080	ORDER the motion to strike the jury demand at docket 77 is GRANTED. The remaining claims will be tried to the court. Signed by Judge John W Sedwick on 8/22/2012.(KMG) (Entered: 08/23/2012)

08/29/2012	082	STRICKEN by (Doc. 84 ) MOTION to Appoint Pro Bono Counsel to Represent Exeter, MOTION for Extension of Time to Obtain Pro Bono Counsel, MOTION for Reconsideration re Joining Timeless to this Case by Trustee Elmer P. Vild for Exeter Trinity Properties LLC. (KMG) Modified on 9/12/2012 (KMG). (Entered: 08/29/2012)

08/31/2012	083	MOTION to Strike 82 MOTION to Appoint Counsel MOTION for Extension of Time Pro Bono MOTION for Reconsideration by United States of America. (Duffy, Charles) (Entered: 08/31/2012)

09/12/2012	084	ORDER FROM CHAMBERS, At docket 82 , an individual named Elmer P. Vild filed a motion on behalf of Exeter Trinity Properties LLC. Mr. Vild is not a lawyer, and Exeter Trinity Properties LLC may only be represented in federal court by a lawyer. Rowland v. California Men's Colony, 506 U.S. 194, 201-02 (1993). Accordingly, the motion at docket 82 is hereby STRICKEN from the record. At docket 83 plaintiff moved to strike Mr. Vild's filing at docket 82 . Because the court has sua sponte stricken the document, the motion at docket 83 is DENIED as moot. Signed by Judge John W Sedwick on 9/11/2012.(KMG) (Entered: 09/12/2012)

10/10/2012	085	MOTION to Continue Trial , MOTION for Leave to Appear Special by Exeter Trinity Properties LLC. (Friedeman, John) (Entered: 10/10/2012)

10/10/2012	086	*Additional Attachment (Proposed Order) to Main Document re: 85 MOTION to Continue Trial MOTION for Leave to Appear Special filed by Exeter Trinity Properties LLC. (Friedeman, John) *Modified to correct event on 10/11/2012 (KMG). (Entered: 10/10/2012)

10/11/2012	087	RESPONSE to Motion re 85 MOTION to Continue Trial MOTION for Leave to Appear Special filed by United States of America. (Duffy, Charles) (Entered: 10/11/2012)

10/15/2012	088	ORDER The motion at docket 85 is granted as follows: John Friedman, Esq. shall appear specially for Exeter Trinity Properties, LLC. Mr. Friedman's representation shall be limited to negotiating a settlement agreement and participating in preparing documents appropriate to effectuate any settlement that can be negotiated. If settlement proves impossible, his representation shall cease. Any pending deadlines are suspended pending further order of the court. Unless closing papers are sooner filed, a status report on the settlement shall be filed on December 7, 2012. Signed on 10/15/2012.(KMG) (Entered: 10/15/2012)

12/07/2012	089	STATUS REPORT (JOINT) RE SETTLEMENT by Exeter Trinity Properties LLC, United States of America. (Duffy, Charles) (Entered: 12/07/2012)

12/17/2012	090	ORDER FROM CHAMBERS - The court has reviewed the status report at docket 89 . Unless closing papers are sooner filed, an updated status report shall be filed on January 21, 2013. on 12/16/2012. (KMG) (Entered: 12/17/2012)

12/19/2012	091	ORDER FROM CHAMBERS The Motion to Continue Trial at docket 85 having been granted in the order at docket 88 , the final pretrial conference and bench trial set for January 14, 2013, at the Sandra Day O'Connor Courthouse in Phoenix are VACATED. (KMG) (Entered: 12/19/2012)

01/18/2013	092	STATUS REPORT Re Settlement by Exeter Trinity Properties LLC, United States of America. (Duffy, Charles) (Entered: 01/18/2013)

03/18/2013	093	JUDGE SEDWICK TEXT STATUS REPORT ORDER. Unless closing papers are sooner filed, the parties shall file an updated status report in 14 days. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JWS) (Entered: 03/18/2013)

03/22/2013	094	STATUS REPORT by United States of America. (Duffy, Charles) (Entered: 03/22/2013)

03/25/2013	095	NOTICE re Appearance by Mike Macek, Elmer P Vild. (LFIG) (Entered: 03/25/2013)

03/25/2013	096	MEMORANDUM in Support of 95 Notice re Appearance by Movants Mike Macek, Elmer P Vild. (LFIG) (Entered: 03/25/2013)

03/25/2013	097	MOTION to Intervene by Elmer P Vild. (LFIG) (Entered: 03/25/2013)

03/25/2013	098	MEMORANDUM in Support of 97 MOTION to Intervene by Movant Elmer P Vild. (LFIG) (Entered: 03/25/2013)

03/26/2013	099	Second MOTION to Withdraw as Attorney by Exeter Trinity Properties LLC. (Friedeman, John) (Entered: 03/26/2013)

03/26/2013	100	*Additional Attachments to Main Document Proposed Order to Withdraw re: 99 Second MOTION to Withdraw as Attorney by Exeter Trinity Properties LLC. (Friedeman, John) *Modified to correct event on 3/27/2013 (LFIG). (Entered: 03/26/2013)

04/03/2013	101	MOTION to Strike 97 MOTION to Intervene, 95 Notice (Other) by United States of America. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Duffy, Charles) (Entered: 04/03/2013)

04/03/2013	102	DECLARATION of Charles M. Duffy re 101 MOTION to Strike 97 MOTION to Intervene, 95 Notice (Other) by Plaintiff United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Duffy, Charles) (Entered: 04/03/2013)

04/03/2013	103	MOTION to Intervene by proposed Defendant-Intervenor Elmer P. Vild. (BAH) (Entered: 04/04/2013)

04/04/2013	104	ORDER pursuant to 99 Motion of John Friedman. ORDERED that John Friedeman is ordered withdrawn as attorney of record for Defendant Exeter Trinity Properties, L.L.C., effective upon the entry of this Order. Mr. Friedeman shall give prompt notice of the entry of this Order, together with the name, last known residence and last known telephone number of Exeter Trinity Properties, L.L.C., to all other parties or their attorneys. Signed by Judge John W Sedwick on 4/4/2013.(LFIG) (Entered: 04/04/2013)

04/04/2013	105	ORDER FROM CHAMBERS: Exeter Trinity Properties shall cause an attorney to appear to represent it in this mater within 14 days from this order. As noted in the 84 Order, it cannot be represented by a non-lawyer. If no attorney appears for Exeter, plaintiff shall promptly move for its default as to all remaining issues. (LFIG) (Entered: 04/04/2013)

04/09/2013	106	MOTION to Strike 103 MOTION to Intervene by United States of America. (Attachments: # 1 Proposed Order)(Duffy, Charles) (Entered: 04/09/2013)

04/09/2013	107	NOTICE re Notice of Compliance by Exeter Trinity Properties LLC re 104 Order on Motion to Withdraw as Attorney, . (Attachments: # 1 Exhibit Vild e-mail)(Friedeman, John) (Entered: 04/09/2013)

04/22/2013	108	MINUTE ORDER - The motion to intervene at docket 97 is therefore DENIED. The motion at (Doc. 101 ) is DENIED as moot, because the motion to intervene has been denied. The motion at docket 103 is DENIED. Plaintiff's motion at docket 106 to strike Vild's motion is DENIED as moot. Counsel for plaintiff is advised that it is a better practice to file a response in opposition to a motion rather than a motion to strike it and will please take that advice to heart in the future. (See document for full details). (LAD) (Entered: 04/22/2013)

04/23/2013	109	MOTION for Default Judgment as to Defendant Exeter Trinity Properties, L.L.C. by United States of America. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A to Memorandum in Support)(Duffy, Charles) (Entered: 04/23/2013)

04/22/2013	110	RESPONSE to Motion re 101 MOTION to Strike 97 MOTION to Intervene, 95 Notice (Other) filed by Elmer P Vild. (LFIG) (Entered: 04/25/2013)

04/25/2013	111	ENTRY OF JUDGMENT AND ORDER OF FORECLOSURE AND DECREE OF SALE: ORDERED that JUDGMENT is hereby entered in favor of the United States of America and against defendant Joseph Lipari and Eileen Lipari on the First Claim in the complaint in the amount of $300,453.63 plus statutory interest; against Joseph Lipari on the Second Claim in the complaint in the amount of $401,670.44 plus statutory interest; against Eileen Lipari on the Third Claim in the complaint in the amount of $142,384.88 plus statutory interest. DEFAULT JUDGMENT is also entered against Exeter Trinity Properties, L.L.C. IT IS ADJUDGED that Exeter, anyone associated with Exeter and/or Exeter's assignees or transferees has/have no interest in the real property described and at issue. The Marshal or a PALS representative shall deposit the amount paid by the purchaser into the registry of the court. Upon appropriate motion for disbursement or stipulation, the court will disburse the funds as described in this Order in the partial order of preference described until the expenses and liens are satisfied. Signed by Judge John W Sedwick on 4/25/2013. (See Judgment for details.)(LFIG) (Entered: 04/25/2013)

04/25/2013	112	ORDER FROM CHAMBERS: Within 7 days counsel for plaintiff shall advise the court of any reason why this case should not be closed. (LFIG) (Entered: 04/25/2013)

04/30/2013	113	REQUEST re: to Keep the Case Open Until After the Court Distributes the Sale Proceeds and Confirms the Sale of the Real Property in Question by Plaintiff United States of America. (Duffy, Charles) (Entered: 04/30/2013)

05/01/2013	114	ORDER FROM CHAMBERS granting 113 Request to keep the file open pending further actions contemplated by the judgment on file. (MAP) (Entered: 05/01/2013)

05/03/2013	115	NOTICE re of United States' Position Regarding Terry Major's Request for Additional Time to Vacate the Real Property by United States of America . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Duffy, Charles) (Entered: 05/03/2013)

05/07/2013	116	Letter from Elmer P. Vild regarding Exeter Trinity Properties LLC (Attachments: # 1 returned mail)(KMG) (Entered: 05/08/2013)

05/13/2013	117	ORDER Under paragraph 11 of the Court's Entry of Judgment and Order of Foreclosure and Decree of Sale that was entered on April 25, 2013 (hereafter "Entry of Judgment"), the "defendants in this matter, anyone associated with the defendants and/or all other persons occupying the real property [at issue in this case]" have thirty (30) days to cleanout and vacate such real property. Recently, Terry I. Major, who apparently occupies the real property, sent the Court a letter requesting until the end of July 2013 to clean-out and vacate the premises. The United States filed a response to Mr. Major's letter on May 3, 2013. BASED ON re 115 Terry I Major's letter, the Government's response and good cause appearing therefore, Mr. Majors and anyone else identified in paragraph 11 of the Entry of Judgment shall only have until July 14, 2013 to clean-out and vacate the real property and otherwise comply with the terms of that paragraph. All of the other rulings and directives in the Entry of Judgment shall remain the same. Signed by Judge John W Sedwick on 5/13/2013. (KMG) (Entered: 05/13/2013)

05/15/2013	118	ORDER FROM CHAMBERS In light of recent developments, the court concludes there is no need for a trial in this case. (MAP) (Entered: 05/15/2013)

05/20/2013	119	Mail Returned as Undeliverable. Mail sent to Exeter Trinity Properties LLC. Reason for return: Refused - Terminated by AZ Corp Commission. Document number 117. (KMG) (Entered: 05/21/2013)

07/09/2013	120	RESPONSE to Terry I. Major's July 4, 2013 Letter to the Court Requesting Additional Time to Vacate Real Property by Plaintiff United States of America. (Duffy, Charles) (Entered: 07/09/2013)

07/10/2013	121	ORDER FROM CHAMBERS - The court has reviewed a letter dated July 4, 2013, from Terry Major and the plaintiff's response at docket 120. The court concludes that Mr. Major should be given some additional time in which to clean up and vacate the property. He may remain on the property in order to do so until noon on July 22, 2013. He must vacate the property by that deadline. No further extension will be granted. (KMG) (Entered: 07/10/2013)

08/01/2013	122	SERVICE EXECUTED: USMS Process Receipt and Return re 111 Order on 7/23/2013. (LFIG) (Entered: 08/02/2013)

10-CV-08142-JWS