Free Stipulation of Dismissal of Case - District Court of Colorado - Colorado

Case 1:04-cv-00015-RPM

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv--0015-RPM-BNB UNITED STATES OF AMERICA, Plaintiff, v. JOHN R. ADAMS, individually, and as Personal Representative of the Estate of Robert W. Adams; CLERK OF DISTRICT COURT, Arapahoe County, State of Colorado; OREN L. BENTON; and DAVID J. BECKMAN, as trustee of the Benton Liquidating Trust, and as trustee of the NTC Liquidating Trust, Defendants. _________________________________________________________________ STIPULATION FOR DISMISSAL ________________________________________________________________ Plaintiff and defendants, by their respective undersigned counsel, stipulate and agree as follows: 1. The United States and John R. Adams, as Personal

Representative of the Estate of Robert W. Adams, have reached a settlement regarding the federal estate tax liability of Robert W. Adams. 2. The United States, and all defendants claiming in

interest in the real property upon which the United States had sought to foreclose its federal tax liens in this matter ("the real property"), have reached an agreement on the distribution of

Case 1:04-cv-00015-RPM

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the proceeds from the sale of the real property. 3. The parties stipulate and agree this action may be

dismissed with prejudice, with reach party to bear its own costs and fees. A proposed Order is attached hereto as Exhibit 1 and

is being lodged with the Court.

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EXHIBIT 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv--0015-RPM-BNB UNITED STATES OF AMERICA, Plaintiff, v. JOHN R. ADAMS, individually, and as Personal Representative of the Estate of Robert W. Adams; CLERK OF DISTRICT COURT, Arapahoe County, State of Colorado; OREN L. BENTON; and DAVID J. BECKMAN, as trustee of the Benton Liquidating Trust, and as trustee of the NTC Liquidating Trust, Defendants. _________________________________________________________________ ORDER OF DISMISSAL _________________________________________________________________ Upon the Stipulation of the plaintiff and defendants, it is hereby ORDERED that this action is dismissed with prejudice; and it is further ORDERED that each party shall bear its own costs and attorney's fees. DATED this ____ day of _________________2006. BY THE COURT: ________________________________ Richard P. Matsch Senior District Judge

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Dated this 21st day of November, 2006. TROY A. EID United States Attorney Mark Pestal Assistant U.S. Attorney /s/Philip E. Blondin Philip E. Blondin Trial Attorney, Tax Division P.O. Box 683 Ben Franklin Station Washington, D.C. 20044-0683 Telephone (202) 307-6322 Facsimile (202) 307-0054 Email: [email protected] Street Address: 555 Fourth Street, N.W. Room 7907 Washington, D.C. 20001 Attorneys for Plaintiff United States of America /s/Thomas C. Seawell Thomas C. Seawell, Esq. 1125 17th Street Suite 2100 Denver, Colorado 80202 Telephone: (303) 446-8686 Facsimile: (303) 382-1157 Email: [email protected] Attorney for defendant John R. Adams, as Personal Representative of the Estate of Robert W. Adams /s/ William M. Banta William M. Banta, Esq. 8101 East Prentice Ave. Greenwood Village, CO 801111 Telephone (303) 741-6700 Email:[email protected] Attorney for defendant John R. Adams /s/James Huemoller, Esq. James Huemoller, Esq. Krys Boyle, P.C. 600 Seventeenth Street Dominion Plaza #2700 South Tower Denver, CO 80202-5427 Telephone: (720) 889-2229 Facsimile: (303) 893-2882 Email: [email protected] Attorneys for David J. Beckman, Liquidating Trustee

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on November 21, 2006, I electronically filed the foregoing with the Clerk of Court using the ECF system which will send notification of such filing to the following email addresses: [email protected] [email protected] [email protected] [email protected]

/s/Philip E. Blondin Philip E. Blondin Trial Attorney, Tax Division P.O. Box 683 Ben Franklin Station Washington, D.C. 20044-0683 Telephone (202) 307-6322 Facsimile (202) 307-0054 Email: [email protected]

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