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U.S. v. LANG

Case No. 06cv2648 JM(WVG).

UNITED STATES OF AMERICA, Plaintiff, v. KENDELL LANG; PATRICIA LANG; CASCADE PROFESSIONAL TRUST, KENDELL LANG, TRUSTEE; WASHINGTON MUTUAL BANK; NATIONAL PROPERTY TRUST; TAYLOR & ASSOCIATES; WHITE MEMORIAL MEDICAL CENTER; STATE OF CALIFORNIA, FRANCHISE TAX BOARD, Defendants.

United States District Court, S.D. California.

February 28, 2012.

Attorney(s) appearing for the Case

United States of America, Plaintiff, represented by Lauren M. Castaldi , United States Department of Justice.

Washington Mutual Bank, Defendant, represented by Edward J McNamara , Office of the General Counsel.

National Property Trust, Defendant, represented by Dennis Cotto , Cotto & Associates & Anthony J Passante, Jr , Martin and Passante.

White Memorial Medical Center, Defendant, represented by Suzanne Shaw Storm & Keith A Attlesey , Attlesey and Thomlinson.

Kendell Lang, as personal representative of the Estate of Patricia Lang, Defendant, Pro Se.

Franchise Tax Board, Defendant, represented by Leslie Branman Smith , State of California.

JPMorgan Chase Bank, N.A., an Acquirer of Certain Assets and Liabilities of Washington Mutual Bank from the Federal Deposit Insurance Corporation acting as Receiver, Defendant, represented by Mikel Allison Glavinovich , AlvaradoSmith, APC & Patrick A Cathcart , AlvaradoSmith, APC.

ORDER ADOPTING REPORT AND RECOMMENDATION

JEFFREY T. MILLER, District Judge.

Following an evidentiary hearing, on November 7, 2011 Magistrate Judge Gallo issued a Report and Recommendation recommending "the finding that the USA did not meet its burden to show that Kendell Lang and NPT devised a scheme to shield the [property at issue] from future creditors" and therefore National Property Trust's ("NPT") Deed of Trust is valid and senior to all lien claimants...

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