Kalkhoven v. USA
| Kevin Kalkhoven |
| United States of America |
| 2:2021cv01440 |
| August 12, 2021 |
| US District Court for the Eastern District of California |
| Morrison C England |
| Kimberly J Mueller |
| Jeremy D Peterson |
| Taxes |
| 26 U.S.C. § 7429 |
| None |
Docket Report
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| Filing 34 JUDGMENT dated *9/15/2021* pursuant to #33 order signed by Chief District Judge Kimberly J. Mueller on 9/15/2021. (Donati, J) |
Filing 33
ORDER signed by Chief District Judge Kimberly J. Mueller on 9/15/2021 DENYING #18 Plaintiff's Motion for Judicial Review. CASE CLOSED. (Andrews, P) Modified on 9/16/2021 (Donati, J).
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| Filing 32 SUPPLEMENTAL BRIEF pursuant to 9/10/21 Minute Order filed by United States of America. (Hendon, Jeremy) |
| Filing 31 SUPPLEMENTAL BRIEF pursuant to 9/10/21 Minute Order filed by Kevin Kalkhoven. (Charlson, Michael) |
| Filing 30 MINUTE ORDER issued by Courtroom Deputy A. Souvannarath for Chief District Judge Kimberly J. Mueller on 09-10-2021: The court orders counsel to file supplemental briefing only, providing record cites and any authority not already cited in the briefing submitted, addressing the courts following questions: 1) What in the record supports a finding that the Lillehammer Trust is managed by an independent trustee? 2) Does plaintiffs disclosure of assets in his tax returns prevent a finding that he concealed those assets? What is the best case law in support of a partys position? Additionally, for the government, what impact does the sale of the Roland property in Florida, and plaintiffs maintaining the proceeds from the sale in a U.S. account in his name, have on the courts analysis. Briefs shall be no more than 10 pages and are due by noon on Tuesday, September 14, 2021 (Text Only Entry)(Souvannarath, A) |
| Filing 29 REPLY by United States of America re #28 Opposition. (Senra, Nithya) |
| Filing 28 OPPOSITION to Motion to Strike by Plaintiff Kevin Kalkhoven. (Attachments: #1 Proposed Order).(Charlson, Michael) Modified on 9/8/2021 (Kaminski, H). |
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Filing 27
ORDER signed by Chief District Judge Kimberly J. Mueller on 9/1/2021 EXTENDING the time period for determination of the Petition to and including 9/15/2021. (Huang, H)
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| Filing 26 RESPONSE by United States of America to #25 Request for Additional Time. (Senra, Nithya) |
| Filing 25 REQUEST for ADDITIONAL TIME to Determine Reasonableness of Jeopardy Assessment Pursuant to 26 U.S.C. 7429(C) by Kevin Kalkhoven. (Attachments: #1 Proposed Order)(Charlson, Michael) |
| Filing 24 MINUTES for MOTION HEARING held via videoconference before Chief District Judge Kimberly J. Mueller on 8/30/2021. Plaintiff's Counsel, Michael Charlson, present. Defendant's Counsel, Jeremy Hendon and Nithya Senra, present. The court heard oral argument as to Plaintiff's Motion for Determination of Petition for Judicial Review of Jeopardy Assessment and Jeopardy Levy, ECF No. #18 . After hearing oral argument, the matter was submitted. A written order will issue. Court Reporter: Kimberly Bennett. (Text Only Entry) (Schultz, C) |
| Filing 23 SUPPLEMENTAL EXHIBITS in support of #18 Motion by Kevin Kalkhoven. (Attachments: #1 Exhibit H, #2 Exhibit I, #3 Exhibit J, #4 Exhibit K, #5 Exhibit L, #6 Exhibit M, #7 Exhibit N)(Charlson, Michael) Modified on 9/2/2021 (Coll, A). |
| Filing 22 OPPOSITION by United States of America to #18 Motion. (Attachments: #1 Index of Exhibits, #2 Exhibit 100, #3 Exhibit 100-8, #4 Exhibit 100-10, #5 Exhibit 100-11, #6 Exhibit 100-12, #7 Exhibit 100-14, #8 Exhibit 100-15, #9 Exhibit 100-16, #10 Exhibit 100-17, #11 Exhibit 100-18, #12 Exhibit 100-20, #13 Exhibit 100-21, #14 Exhibit 100-22, #15 Exhibit 100-23, #16 Exhibit 100-25, #17 Exhibit 100-27, #18 Exhibit 100-28, #19 Exhibit 100-29, #20 Exhibit 100-30, #21 Exhibit 100-31, #22 Exhibit 100-32, #23 Exhibit 100-35, #24 Exhibit 100-36, #25 Exhibit 100-37, #26 Exhibit 100-38, #27 Exhibit 100-42, #28 Declaration of Shelley Smith, #29 Exhibit 101, #30 Exhibit 102, #31 Exhibit 103, #32 Exhibit 104, #33 Exhibit 105, #34 Exhibit 106, #35 Exhibit 107, #36 Exhibit 108, #37 Exhibit 109, #38 Exhibit 110, #39 Exhibit 111, #40 Exhibit 112, #41 Exhibit 113, #42 Declaration of Michael McGinnis, #43 Declaration of Michael S. Toni, #44 Exhibit 114)(Senra, Nithya) Modified on 9/2/2021 (Coll, A). |
| Filing 21 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 8/26/2021: Defendant's requests to file a brief exceeding the court's standard page limit, ECF No. #20 , is GRANTED. Accordingly, Defendant may file a brief that shall not exceed 25 pages. (Text Only Entry) (Schultz, C) |
| Filing 20 MOTION for LEAVE to file overlength brief by United States of America. (Attachments: #1 Proposed Order)(Senra, Nithya) Modified on 8/26/2021 (Coll, A). |
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Filing 19
ORDER signed by Chief District Judge Kimberly J. Mueller on 8/24/2021 DENYING #6 Request to Seal and ORDERING Kalkhoven to file the administrative record on the docket, with redaction of (i) minors' names; (ii) financial account numbers, leaving the last four digits; (iii) social security numbers, leaving the last four digits; (iv) dates of birth, leaving the year; and (v) home addresses. (Zignago, K.)
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| Filing 18 MOTION for JUDICIAL REVIEW by Kevin Kalkhoven. Motion Hearing set for 8/30/2021 at 03:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Memorandum, #2 Appendix of Exhibits, #3 Exhibit A, #4 Exhibit B, #5 Exhibit B-7, #6 Exhibit B-8, #7 Exhibit B-9, #8 Exhibit B-11, #9 Exhibit B-12, #10 Exhibit B-14, #11 Exhibit B-15, #12 Exhibit B-16, #13 Exhibit B-17, #14 Exhibit B-23, #15 Exhibit B-29, #16 Exhibit B-33, #17 Exhibit B-35, #18 Exhibit B-36, #19 Exhibit B-37, #20 Exhibit C, #21 Exhibit D, #22 Exhibit E, #23 Exhibit F, #24 Exhibit F-A, #25 Exhibit F-C, #26 Exhibit F-D, #27 Exhibit F-E, #28 Declaration of Juliana Hunter, #29 Exhibit A, #30 Exhibit B, #31 Exhibit C, #32 Exhibit D, #33 Declaration of Kevin Kalkhoven, #34 Exhibit A, #35 Exhibit B, #36 Declaration of Beatriz Shannon, #37 Exhibit A, #38 Exhibit B, #39 Exhibit C, #40 Exhibit D, #41 Exhibit E, #42 Exhibit F, #43 Declaration of Pierre Wildman, #44 Exhibit A, #45 Exhibit B, #46 Exhibit C, #47 Exhibit D, #48 Proposed Order)(Charlson, Michael) Modified on 8/24/2021 (Coll, A). |
| Filing 17 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 8/23/2021: Plaintiff requests to file a brief exceeding the court's standard page limit. ECF No. #16 . The request is GRANTED, Plaintiff may file a brief that shall not exceed 25 pages. (Text Only Entry) (Schultz, C) |
| Filing 16 APPLICATION for LEAVE to FILE OVERLENGTH BRIEF by Kevin Kalkhoven. (Attachments: #1 Proposed Order)(Charlson, Michael) Modified on 8/23/2021 (Coll, A). |
| Filing 15 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 8/20/2021: The parties' Stipulation and Proposed Order Establishing Schedule for Merits Briefing, ECF No. #14 , is GRANTED in PART. Accordingly, Plaintiff's filing is due 8/23/2021, Defendant's filing is due 8/27/2021, and a Virtual (Zoom) Hearing is SET for 8/30/2021 at 3:30 PM before Chief Judge Kimberly J. Mueller. The Courtroom Deputy will provide counsel with the virtual hearing access information no less than 24 hours before the hearing. The parties' Request that the court suspend its normally imposed page limits is DENIED without prejudice to a renewed request that identifies the reason for the increased page limits and the number of additional pages being requested. (Text Only Entry) (Schultz, C) |
| Filing 14 STIPULATION and PROPOSED ORDER for Order Establishing Schedule For Merits Briefing by Kevin Kalkhoven. (Charlson, Michael) |
| Filing 13 NOTICE of APPEARANCE by Christopher Walter James on behalf of Kevin Kalkhoven. Attorney James, Christopher Walter added. (James, Christopher) |
| Filing 12 NOTICE of APPEARANCE by Nithya Senra, GOVT on behalf of United States of America. Attorney Senra, Nithya added. (Senra, Nithya) |
| Filing 11 NOTICE of APPEARANCE by Jeremy Nolan Hendon on behalf of United States of America. Attorney Hendon, Jeremy Nolan added. (Hendon, Jeremy) |
| Filing 10 CERTIFICATE of SERVICE by Kevin Kalkhoven re #6 Notice of Request to Seal Document(s) by Kevin Kalkhoven. (Charlson, Michael) |
| Filing 9 SUMMONS RETURNED EXECUTED: United States of America served on 8/12/2021. (Charlson, Michael) Modified on 8/25/2021 (Benson, A.). |
| Filing 8 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 12/16/2021 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Coll, A) |
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Filing 7
ORDER signed by Senior Judge Morrison C. England, Jr on 8/13/2021 RECUSING Judge Morrison C. England, Jr and RANDOMLY REASSIGNING CASE to Chief District Judge Kimberly J. Mueller for all further proceedings. Senior Judge Morrison C. England, Jr no longer assigned to case. New Case Number: 2:21-cv-1440-MCE-JDP. (Coll, A)
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| Filing 6 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Kevin Kalkhoven. (Charlson, Michael) |
| Filing 5 [DISREGARD COUNSEL TO RE-FILE]NOTICE and Submission of the Administrative Record Concerning Jeopardy Assessment and Levy Presented for Judicial Review by Kevin Kalkhoven. (Charlson, Michael) Modified on 8/12/2021 (Reader, L). |
| Filing 4 NOTICE of EXPEDITED CASE SCHEDULE and REQUEST to CALENDAR immediate Scheduling Conference and PROPOSED ORDER by Kevin Kalkhoven. (Charlson, Michael) Modified on 8/12/2021 (Benson, A.). |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Huang, H) |
| Filing 2 SUMMONS ISSUED as to *United States of America* with answer to complaint due within *60* days. Attorney *Michael L. Charlson* *Vinson & Elkins L.L.P.* *555 Mission Street, Suite 2000* *San Francisco, CA 94105*. (Huang, H) |
| Filing 1 COMPLAINT and PETITION for JUDICIAL REVIEW of JEOPARDY ASSESSMENT and JEOPARDY LEVY against United States of America by Kevin Kalkhoven. Attorney Charlson, Michael L. added. (Filing fee $ 402, receipt number ACAEDC-9759573) (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Charlson, Michael) |
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| Plaintiff: Kevin Kalkhoven | |
| Represented By: | Michael L. Charlson |
| Represented By: | Christopher Walter James |
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| Defendant: United States of America | |
| Represented By: | Jeremy Nolan Hendon, GOVT |
| Represented By: | Nithya Senra, GOVT |
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