Opinion
Case No. CV 08-5769 JFW (FFMx).
January 16, 2009
THOMAS P. O'BRIEN, United States Attorney, SANDRA R. BROWN, Assistant United States Attorney, Chief, Tax Division, VALERIE L. MAKAREWICZ, Assistant United States Attorney, SBN 229637, Los Angeles, California, Attorneys for United States of America.
ORDER GRANTING STIPULATION BETWEEN PLAINTIFF AND DEFENDANT TO DISMISS COMPLAINT FOR TAX REFUND ON THE GROUNDS OF MOOTNESS
Based upon the stipulation filed by the parties and for good cause therein, the Court hereby orders the following:
1. That the Complaint for Tax Refund, filed on September 4, 2008, is dismissed, without prejudice, on the grounds of mootness.
2. As between Plaintiff and Defendant United States of America, Internal Revenue Service, each party shall bear its own costs and attorney's fees in connection with this proceeding.
3. The Court retains jurisdiction over this case for 90 days.