1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

William McPike State Bar #95869 257 East Bellevue Road, # 188 Atwater, CA 95301 (559) 841-3366 Email: mcpike@psnw.com Attorney for Acacia Corporate Management, LLC Michael Scott Ioane, & Mariposa Holding Inc. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

United States, Plaintiff, v. Vincent Steven Booth, Louise Q. Booth, Michael Scott Ioane, Acacia Corporate Management, LLC. and Mariposa Holdings, Inc., Defendants

Case No. 1:09-CV-01689 AWI-GSA PLAINTIFFS REQUEST FOR JUDICIAL NOTICE PURSUANT TO FEDERAL RULES OF EVIDENCE 201(a), IN SUPPORT OF MOTION TO DISMISS AMENDED COMPLAINT. Date: May 14, 2012 Time: 1:30 pm. Ctrm: 2, 2500 Tulare St., Fresno, CA Hon. Anthony W. Iishi

To: Defendant, United States of America: PLEASE TAKE NOTICE that on the above date at the above time, place and Courtroom, or as soon thereafter the time as the parties can be heard, plaintiffs, ACACIA CORPORATE MANAGEMENT, LLC, Mariposa Holding Inc., and Michael Scott Ioane by and through counsel, will move the court to take Judicial Notice authorized by Federal Rules of Evidence 201(a), in support of Motion to dismiss the Amended Complaint, or in the alternative to stay the proceedings and all related proceedings pending the outcome of the criminal appeal involving Michael Ioane: 1) Order of the Ninth Circuit, overturning Judge Lawrence ONeils order of remand, releasing Michael Ioane from custody and declaring that the appeal is substantial. 2) True and correct copy of Affidavit signed by Attorney Steven F. Stucker, before a Notary Public on May 12, 2009.
_____________________________________________________________________________
PLAINTIFFS REQUEST FOR JUDICIAL NOTICE

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

3)

True and Correct copy of Stipulated Judgment to Quite Title and Finding of Facts of the court, dated September 25, 2007 and filed in case number 07-1129, Fresno, district court. Additionally, filed with the Kern County Recorders office recording number 0211112925.

4)

True and Correct copy of Declaration signed by Steven and Louise Booth, signed on November 14th , 2008 before a Notary Public and filed on November 17, 2008 in case number 07-CV-00609, Fresno, district court, declaring under penalty of perjury that they have and had no right, title or interest in the subject real properties. Additionally, that they did not owe the IRS the money claimed. Furthermore, the Declaration refers to an attached Exhibit A, letter from their Attorney John Reedy, of Bakersfield, California stating that the letter was authorized by them, Steven and Louise Booth, (said letter from their Attorney states that they have no right, title or interest in the real property, which the government seeks to foreclose on from Ioane and Acacia).

5)

True and Correct copy of Declaration signed by Trustee Jean Liascos, on November 18, 2008, before a Notary Public and then filed by her on November 19, 2008 in case number 07-CV-00609, Fresno, district court, declaring under penalty of perjury that Steven and Louise Booth held no right, title or interest in the subject real property.

6)

True and Correct copy of declaration signed by Steven and Louise Booth signed before a Notary Public on November 13, 2008, and then filed in case number 07-CV1129, Fresno, district court.

7)

True and Correct copy of the Plea Agreement signed by the United States Government and Steven Booth indicating that his tax liability for the subject years was and is 207K excluding interest and penalties. True and Correct copy of letter from Steven Booths criminal Attorney Eric Fogderude indicating that the forensic CPA hired by the Fresno, Federal Court to determine the amount of tax liability . True and correct copies of Booths tax returns for years 1996 and 1997.

8)

9)

_____________________________________________________________________________
PLAINTIFFS REQUEST FOR JUDICIAL NOTICE

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

10)

True and Correct Copy of Letter written by Steven and Louise Booths CPA Brian Malatesta, to the IRS regarding their tax liability. True and Correct Copy of Release of Lien regarding Booths alleged debt

11)

Respectfully submitted this 11th day of April 2012.

/s/ William Mcpike_/s/ Certificate of Service It is hereby certified that on April 11, 2012, I electronically filed the foregoing: 1) 2) 3) Motion to Dismiss Amended complaint Judicial Notice in Support of Motion to Dismiss Amended Complaint Declaration in Support of Motion to Dismiss Amended Complaint

With the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following:

G Patrick Jennings Trial Attorney Tax Division US Dept of Justice P.O. Box 683 Ben Franklin Station Washington, D.C. 20044-0683 And Randolf Krbechek 9477 N. Fort Washington Road, Suite 104 Fresno, CA 93730 By:/s/ William McPike /s/ William McPike

_____________________________________________________________________________
PLAINTIFFS REQUEST FOR JUDICIAL NOTICE