UNITED STATES OF AMERICA v. BEEMAN et al

Plaintiff: UNITED STATES OF AMERICA
Defendant: EBERT G. BEEMAN, FIFTH THIRD FINANCIAL, LLC, AUTUMN FROST, LLC, HOWARD BEEMAN and LILLIAN BEEMAN
 
Case Number: 1:2010cv00237
Filed: September 22, 2010
 
Court: Pennsylvania Western District Court
Office: Erie Office
County: Erie
Presiding Judge: Sean J. McLaughlin
 
Nature of Suit: Taxes (US Plaintiff or Defendant)
Cause of Action: 26:7401
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
June 30, 2011 39 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER: AND NOW, to wit, this 30th day of June, 2011, for the reasons set forth in the accompanying Memorandum Opinion, IT IS ORDERED that the Motions to Dismiss the complaint filed by Defendant Ebert G. Beeman on the basis of l ack of subject matter jurisdiction 8 , improper venue 9 , and failure to state a legitimate claim 10 shall be, and hereby are, DENIED with prejudice. IT IS FURTHER ORDERED that Defendant Beeman's Motion to Dismiss the United States' Mo tion for Partial Summary Judgment 32 shall be, and hereby is, DENIED with prejudice. IT IS FURTHER ORDERED that the Motion for Partial Summary Judgment as to Count I of the complaint 12 filed on behalf of the United States shall be, and hereby i s, GRANTED and a separate order of judgment shall be entered forthwith relative to that count. IT IS FURTHER ORDERED that the United States' Motion to Dismiss Ebert Beeman's Counterclaims 26 shall be, and hereby is, GRANTED. IT IS FURTH ER ORDERED that the Motion to Set Aside Clerk's Entry of Default 27 filed by Defendant Ebert G. Beeman shall be, and hereby is, DENIED with prejudice. IT IS FURTHER ORDERED that the Court will DEFER ruling on the United States' Second Mo tion for Summary Judgment 29 for a period of twenty (20) days, or until July 20, 2011, during which time Defendants Fifth Third Financial, LLC and Autumn Frost, LLC shall secure legal counsel if it be their intention to defend this litigation. IT IS FURTHER ORDERED that Defendants Fifth Third Financial, LLC, Autumn Frost, LLC and Howard Beeman show cause, on or before July 20, 2011, why the government's request for judgment relative to Counts II and III should not be granted. Failure to show cause as directed herein will be construed by this Court as an indication that said Defendant has no interest in defending this litigation. Signed by Judge Sean J. McLaughlin on 06/30/2011. (kas)
July 6, 2011 43 Opinion or Order of the Court ORDER: AND NOW, to wit, this 6th Day of July, 2011, this Court having previously entered on June 30, 2011 an Order of Judgment relative to Count I of the Complaint in favor of the United States and against Ebert G. Beeman 40 , and the United States having filed a Motion for Entry of Final Judgment under Fed. R. Civ. P. 54(b) 41 , and the Court, upon consideration of said motion, finding that there is no just reason for delay and that entry of a final judgment as to Count I of the complaint is warranted, IT IS ORDERED, ADJUDGED, and DECREED that the United States' Motion for Entry of Final Judgment 41 shall be, and hereby is, GRANTED and the Order of Judgment entered on June 30, 2011 40 is hereby certified as a final and appealable judgment in accordance with Rule 54(b) of the Federal Rules of Civil Procedure. Signed by Judge Sean J. McLaughlin on 07/06/2011. (kas)
July 22, 2011 47 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER: AND NOW, to wit, this 22nd Day of July, 2011, for the reasons set forth both in the accompanying Memorandum Opinion and this Court's Memorandum Opinion entered on June 30, 2011 39 , IT IS ORDERED that the United St ates' Second Motion for Summary Judgment 29 shall be, and hereby is, GRANTED, and, accordingly, a separate Order of Judgment in favor of the United States relative to Counts II and III of the complaint shall be entered forthwith. IT IS FURTHER ORDERED that the Motion to Stay Pending Appeal 44 filed by Defendant Ebert G. Beeman shall be, and hereby is, DENIED. Signed by Judge Sean J. McLaughlin on 07/22/2011. (Attachments: # 1 Exhibit) (kas)
July 22, 2011 48 Opinion or Order of the Court JUDGMENT ORDER Signed by Judge Sean J. McLaughlin on 07/22/2011. (kas)
July 22, 2011 49 Opinion or Order of the Court ORDER OF SALE Signed by Judge Sean J. McLaughlin on 07/22/2011. (kas)
October 14, 2011 56 Opinion or Order of the Court ORDER: AND NOW, this 14th day of October, 2011, upon consideration of the Government's Application for Order to Show Cause Why Defendant Should Not Be Held in Criminal Contempt, IT IS ORDERED that said Application is GRANTED, and that a hearing shall be held on November 4, 2011 at 9:00 a.m. in Courtroom C, at which time Ebert Beeman shall be directed to show cause why he should not be held in contempt of this Court's July 22, 2011 Order of Sale. Signed by Judge Sean J. McLaughlin on 10/14/2011. (kas)
February 9, 2012 91 Opinion or Order of the Court MEMORANDUM ORDER finding pursuant to Rule 62.1 of the Federal Rules of Civil Procedure that Defendant Beemans renewed motion under Rule 60(b) raises a substantial issue as to his entitlement to relief. Signed by Judge Sean J. McLaughlin on 2/9/2012. (kas)
February 28, 2012 97 Opinion or Order of the Court ORDER denying 95 Motion to Allow Defendant to Re-Enter and Occupy Property of Residence. Signed by Judge Sean J. McLaughlin on 2/28/12. (kas)

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Plaintiff: UNITED STATES OF AMERICA
Represented By: Ari D. Kunofsky
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Defendant: EBERT G. BEEMAN
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Defendant: FIFTH THIRD FINANCIAL, LLC
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Defendant: AUTUMN FROST, LLC
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Defendant: HOWARD BEEMAN
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Defendant: LILLIAN BEEMAN
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