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United States District Court

Northern District of California

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

Plaintiff,

v.

DOUGLAS R. CARAWAY, et al.,

Defendants.

Case No. 08-cv-04371-MMC 

ORDER SETTING ASIDE JUDGMENT; 

DIRECTING PLAINTIFF TO FILE FIRST 

AMENDED COMPLAINT; DIRECTIONS 

TO PLAINTIFF RE SERVICE ON NEW 

DEFENDANTS

Before the Court is defendant Douglas R. Caraway’s (“Caraway”) Motion for Relief 

from Order, filed August 12, 2016, by which Caraway seeks, under Rules 60(b) and 60(c) 

of the Federal Rules of Civil Procedure, relief from the Court’s judgment in the 

above-titled action, to the extent such judgment contains a directive that Caraway’s real 

property be sold by a government representative rather than Caraway’s realtor. Plaintiff 

United States of America, as well as defendants Employment Development Department 

of the State of California (“EDD”), State of California Franchise Tax Board (“FTB”), and 

Fremont Bank, have filed opposition,1to which Caraway has replied. The matter came 

on regularly for hearing on September 23, 2016. Assistant United States Attorney 

Cynthia Lewis Stier appeared on behalf of plaintiff, Deputy Attorney General Lucy F.

Wang appeared on behalf of the EDD and FTB, Terrance L. Stinnett appeared on behalf 

of Fremont Bank, and Caraway appeared pro se.

 

1

In addition to its opposition, the United States filed a document titled “Motion for 

Joinder Pursuant to Rule 19(a)(1) of the Fed. R. Civ. Pro.,” which, at the hearing, the 

United States clarified was not intended as a separate motion, but, rather, a 

memorandum bearing on the issues raised by Caraway’s motion.

Case 3:08-cv-04371-MMC Document 191 Filed 09/23/16 Page 1 of 2
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United States District Court

Northern District of California

For the reasons stated on the record at the hearing, the Court hereby rules as 

follows:

1. The Third Amended Judgment and Decree of Sale, entered July 28, 2016, 

and all preceding Judgments entered in the instant action, are hereby SET ASIDE and 

VACATED.

2. Caraway’s Motion for Relief is hereby DENIED as moot.

3. No later than September 30, 2016, the United States shall file a First 

Amended Complaint (“FAC”), adding Patrick R. Giles and the Estate of Lorraine Caraway

as defendants. 

4. No later than October 7, 2016, the United States shall serve upon Patrick R. 

Giles a summons and copy of the FAC and shall, within seven days of effectuating 

service, file proof thereof.

5. No later than October 7, 2016, the United States shall either: (a) serve upon 

the Estate of Lorraine Caraway a summons and copy of the FAC and, within seven days 

of effectuating service, file proof thereof, or, in the alternative, (b) if it determines notice 

upon the Estate by publication is appropriate, file a request for such service, an affidavit 

in support thereof, and a proposed order.

IT IS SO ORDERED.

Dated: September 23, 2016

MAXINE M. CHESNEY

United States District Judge

Case 3:08-cv-04371-MMC Document 191 Filed 09/23/16 Page 2 of 2