Opinion
No. 3:96-cv-796-R.
December 31, 2008
ORDER FOR AMENDED JUDGMENT
Upon consideration of the United States' Motion for Order for Amended Judgment, any response thereto and the entire record herein, and
The Court finding that good cause exists for granting said motion, it is
ORDERED that the United States' Motion for Order for Amended Judgment is GRANTED; and it is further
ORDERED that judgment is entered for the United States and against defendant Bruce Peck in the amount of $1,064,047.00, calculated through November 24, 2008, plus additional interest and statutory additions accruing from that date, for the unpaid federal individual income taxes, interest and statutory additions for years 1990, 1991 and 1992; and it is further
ORDERED that the real property known as 4308 Shenandoah Drive, Louisville, Kentucky, owned by the defendant, Bruce Peck, is subject to foreclosure on the liens of the United States; and it is further
ORDERED that the Clerk shall enter amended judgment in favor of the United States accordingly pursuant to Fed.R.Civ.P. 58; and it is further
ORDERED that the Clerk shall serve a copy of this ORDER FOR AMENDED JUDGMENT to the defendant at both of his last known addresses: 4308 Shenandoah Drive, Louisville, Kentucky 40241, and 5312 Hiawatha Lane, Minneapolis, Minnesota 55417.
It is so ORDERED.
ORDER
On December 2, 2008, the plaintiff filed a motion to amend judgment (DN 31). It was served at what the plaintiff was last address it had for defendant. Defendant did not respond. The Court entered the uncontested order granting the motion.On January 12, 2009 the Court received a letter from defendant which was filed as a notice of appeal. The defendant's address is different than plaintiff listed. Defendant stated he never received the motion. The Court is now filing that letter as a motion for reconsideration since the judgment was only entered on December 31, 2008 and the defendant did not receive a copy of the motion, the Court is vacating the Amended Judgment (DN 32) and is giving defendant to and including March 1, 2009 to respond.
IT IS ORDERED
1. The Amended Judgment (DN 32) is VACATED.
2. Defendant is given until March 1, 2009 to respond to the Motion to Amend Judgment.
3. Plaintiff shall forthwith serve the motion to amend on defendant at his address of:
Bruce G. Peck
P.O. Box 353
Crosslake, MN 56442
4. Failure to respond may result in granting of the motion.
5. Defendant shall immediately notify the Court and opposing counsel of any change of address.
6. The Notice of Appeal and Notice of Deficiency are VACATED.