July 11, 2013
UNITED STATES OF AMERICA, Plaintiff,
BO LOHASAWAT KLINE, individually and as the personal representative of the estate of STEPHEN E. KLINE, and RICHARD L. ANDERSON, Defendants.
KATHRYN KENEALLY, Assistant Attorney General, U.S. Department of Justice, Tax Division. DAM D. STRAIT, Mass. BBO No. 670484 Trial Attorney, Tax Division U.S. Department of Justice, Washington, D.C. LEONARD D. DUBOFF, OSB No. 774378, Admitted pro hac vice Sept. 20, 2012, THE DUBOFF LAW GROUP, LLC, Portland, Oregon, Of Attorneys for Bo Lohasawat Kline.
S. AMANDA MARSHALL, United States Attorney, District of Oregon Of counsel, Attorneys for the United States of America.
ORDER DISMISSING BO LOHASAWAT KLINE PURSUANT TO SETTLEMENT AGREEMENT
DENNIS J. HUBEL, District Judge.
Pursuant to the Stipulation to Dismiss Bo Lohasawat Kline Pursuant to Settlement Agreement and the Settling Parties' settlement agreement, it is hereby
1. The United States' claims against Bo Lohasawat Kline in her personal capacity; against Bo Lohasawat Kline in her capacity as representative of the Estate of Stephen E. Kline; and against the Estate of Stephen E. Kline are hereby dismissed with prejudice, except that if Ms. Kline breaches the settlement agreement, the United States may move to vacate this Order. This Order will be vacated upon a showing by a preponderance of the evidence that Ms. Kline breached the settlement agreement.
2. The Court finds, pursuant to Federal Rule of Civil Procedure 54(b), that there is no just reason to delay entry or effect of this Order.
3. The Court retains jurisdiction to enforce the settlement agreement, including by vacating this Order.
IT IS SO ORDERED.