Michael A. Baker v. United States of America
| Michael A. Baker |
| UNITED STATES OF AMERICA |
| 2:2022cv08945 |
| December 9, 2022 |
| US District Court for the Central District of California |
| Fernando L Aenlle-Rocha |
| Charles F Eick |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 26 U.S.C. § 7429 IRS: Tax Jeopardy Assessment |
| None |
Docket Report
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This docket was last retrieved on February 6, 2023. A more recent docket listing may be available from PACER.
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| Filing 24 NOTICE OF LODGING filed re Proposed Order re NOTICE OF MOTION AND MOTION for Summary Adjudication as to Determination of Jeopardy Assessments #16 (Attachments: #1 Proposed Order)(Senra, Nithya) |
| Filing 23 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Motion Related Document #22 by deft. USA. The following error(s) was/were found: Incorrect event selected. Correct event to be used is: SEE BELOW UNDER OTHER. Proposed document was not submitted or was not submitted as a separate attachment. Filing was a proposed order...incorrect event and procedure used. Other error(s) with document(s): As an alternative, prepare and e-file a formal Notice of Lodging, to be docketed only under its specific event: Notice of Lodging, to which the formal proposed order is submitted as a Separate Attachment thereto. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) |
| Filing 22 PROPOSED ORDER re NOTICE OF MOTION AND MOTION for Summary Adjudication as to Determination of Jeopardy Assessments #16 filed by Defendant United States of America. (Senra, Nithya) |
| Filing 21 REPLY in support of NOTICE OF MOTION AND MOTION for Summary Adjudication as to Determination of Jeopardy Assessments #16 filed by Defendant United States of America. (Senra, Nithya) |
| Filing 20 Plaintiff's Opposition to Defendant United States of America's Motion for Summary Determination Opposition re: NOTICE OF MOTION AND MOTION for Summary Adjudication as to Determination of Jeopardy Assessments #16 filed by Plaintiff Michael A. Baker. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit Judgment of SICC, #3 Exhibit Affidavit of Marcus Weber, #4 Exhibit Supply and Distribution Agreement, #5 Exhibit Chantal Burnison Trust Agreement, #6 Exhibit U.S. Proof of Claim, #7 Exhibit SICC Judgment 2021 , #8 Exhibit Singapore Court of Appeals Judgment, #9 Exhibit IRS Appeals' Determination Letter, #10 Exhibit Letters Testamentary, #11 Exhibit Plaintiff's Request for Prompt Assessment, #12 Declaration Declaration of Plaintiff Michael A. Baker)(Johnson, Wayne) |
| Filing 19 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: MEMORANDUM in Opposition to Motion,, #17 by Judge Fernando L. Aenlle-Rocha. The document is stricken. OTHER: The case number is MISSING/BLANK.Hearing information is missing, incorrect, or untimely. CM/ECF No. 17 event code reads "Memorandum in Opposition to Notice of Motion and Motion forSummary Judgment". However, the actual document reads " Plaintiff's Cross Motion for Summary Determination... ". Filings were combined. Due to incorrect event the motion is NOT set on Judge's Motion Calendar for hearing. Filed as combined document. (lc) |
| Filing 18 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: MEMORANDUM in Opposition to Motion,, #17 . The following error(s) was/were found: Hearing information is missing, incorrect, or untimely. Case number MISSING/BLANK. Filing was a COMBINED "CROSS MOTION" AND RESPONSE... as a Motion, due to incorrect event was Not Set on Judge's Motion Calendar for hearing. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) |
| Filing 17 (STRICKEN PER COURT'S G112B RESPONSE ORDER DOCKET NO. 19).MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Adjudication as to Determination of Jeopardy Assessments #16 RESPONSE filed by Plaintiff Michael A. Baker. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 Judgment of SICC, #3 Exhibit 2 Affidavit of Marcus Weber, #4 Exhibit 3 Supply and Distribution Agreement, #5 Exhibit 4 Chantal Burnison Trust, #6 Exhibit 5 Creditor's Claim, #7 Exhibit 6 Judgment of SICC 2021 , #8 Exhibit 7 Judgment of Appeal Court, #9 Exhibit 8 Determination Letter, #10 Exhibit 9 Letters Testamentary, #11 Exhibit 10 Prompt Assessment, #12 Declaration Michael A. Baker)(Johnson, Wayne) Modified on 1/30/2023 (lc). |
| Filing 16 NOTICE OF MOTION AND MOTION for Summary Adjudication as to Determination of Jeopardy Assessments filed by Defendant United States of America. Motion set for hearing on 2/24/2023 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Declaration of Revenue Agent Pham, #24 Declaration of Revenue Officer Smith) (Senra, Nithya) |
Filing 15
ORDER GRANTING IN PART STIPULATION FOR EXTENSION OF 20-DAY PERIOD FOR JUDICIALREVIEW AND BRIEFING SCHEDULE #14 by Judge Fernando L. Aenlle-Rocha: 1. The court GRANTS a 40-day extension of the period for the court to make its determination, extending the deadline to February 28, 2023. 2. Defendant shall file its motion for summary adjudication by no later than Tuesday, January 17, 2023, with the motion set for hearing on Friday February 24, 2023 at 1:30 p.m.3. Plaintiff shall file any response or opposition to the motion for summaryadjudication by no later than Friday, January 27, 2023. 4. Defendant shall file any reply in support of its motion no later than Friday, February 3, 2023.5. The court shall make its determination by no later than February 28, 2023. (lc)
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| Filing 14 STIPULATION for Order for Extension of 20-day Period for Judicial Review and Briefing Schedule filed by Defendant United States of America. (Attachments: #1 Proposed Order)(Senra, Nithya) |
| Filing 13 Notice of Appearance or Withdrawal of Counsel: for attorney Nithya Senra counsel for Defendant United States of America. Adding Nithya Senra, AUSA as counsel of record for United States of America for the reason indicated in the G-123 Notice. Filed by Defendant United States of America. (Attorney Nithya Senra added to party United States of America(pty:dft))(Senra, Nithya) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Michael A. Baker, upon Defendant United States of America served on 12/27/2022, answer due 2/27/2023. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Flavia De La Rosa, Civil Process Clerk. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. (Johnson, Wayne) |
| Filing 11 60 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendant United States of America. (lc) |
| Filing 10 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Michael A. Baker. (Johnson, Wayne) |
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Filing 9
INITIAL STANDING ORDER upon filing of the complaint by Judge Fernando L. Aenlle-Rocha. (tf)
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Filing 8
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Ronald S.W. Lew. ORDER case returned to the Clerk for random reassignment pursuant to General Order 21-01. Case randomly reassigned from Judge Ronald S.W. Lew to Judge Fernando L. Aenlle-Rocha for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-08945 FLA(Ex). (rn)
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| Filing 7 NOTICE of Interested Parties filed by Plaintiff Michael A. Baker, identifying Chantal Burnison Trust, u/a/t dated April 6, 1996; Heika Burnison; Birka Burnison. (Johnson, Wayne) |
| Filing 6 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening) #1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (car) |
| Filing 5 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Ronald S. W. Lew and Magistrate Judge Charles F. Eick. (car) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Michael A. Baker. (Johnson, Wayne) |
| Filing 1 COMPLAINT Receipt No: ACACDC-34454721 - Fee: $402, filed by Plaintiff Michael A. Baker. (Attorney Wayne Robert Johnson added to party Michael A. Baker(pty:pla))(Johnson, Wayne) |
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| Plaintiff: Michael A. Baker | |
| Represented By: | Wayne Robert Johnson |
| Represented By: | Shuka Rassouli |
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| Defendant: UNITED STATES OF AMERICA | |
| Represented By: | Nithya Senra |
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