Operating Engineers v. United States of America
| Local Union 3 Operating Engineers and Operating Engineers Local Union No. 3 |
| United States of America |
| 3:2021cv02724 |
| April 15, 2021 |
| US District Court for the Northern District of California |
| Alex G Tse |
| Taxes |
| 26 U.S.C. § 6532 IRS: Refund of Tax Penalty |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 10, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 37
ORDER by Magistrate Judge Alex G. Tse granting #23 Government's Motion for Summary Judgment. (agtlc2, COURT STAFF) (Filed on 2/10/2023)
|
| Filing 36 Joint MOTION to Continue Pretrial Conference filed by United States of America. (Yost, Landon) (Filed on 2/9/2023) |
|
Filing 35
Order by Magistrate Judge Alex G. Tse granting #34 joint request to continue pretrial conference and trial dates. The pretrial conference currently set for November 18, 2022, is continued to February 24, 2023. The trial currently set for December 12-14, 2022, is vacated and will be reset, if necessary, following the Court's forthcoming order on the Government's motion for summary judgment. (This is a text-only entry generated by the court. There is no document associated with this entry.) (agtlc2, COURT STAFF) (Filed on 10/27/2022)
|
| Filing 34 Joint MOTION to Continue Dates of Pretrial Conference and Trial filed by Operating Engineers Local Union No. 3. (Weill, Jay) (Filed on 10/27/2022) |
| Filing 33 Minute Entry for proceedings held on 9/16/2022 before Magistrate Judge Alex G. Tse regarding Defendant's motion for summary judgment. Hearing held via Zoom. Argument heard. The Court takes the motion under submission. Digital Recording Time: 10:03 - 11:03. Plaintiff Attorney: Jay Robert Weill. Defendant Attorney: Landon Yost. (This is a text-only entry generated by the court. There is no document associated with this entry.) (shy, COURT STAFF) (Date Filed: 9/16/2022) |
| Filing 32 CLERKS NOTICE REGARDING MOTION HEARING'S LOCATION: The hearing on #23 Defendant's motion for summary judgment, which is set for 9/16/2022 at 10:00 AM before Magistrate Judge Alex G. Tse, will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/agt General Order 58. Persons granted acc ess to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (shy , COURT STAFF) (Filed on 9/14/2022) |
| Filing 31 REPLY (re #23 MOTION for Summary Judgment ) (Response to Plaintiff's Surreply) filed byUnited States of America. (Yost, Landon) (Filed on 9/13/2022) |
| Filing 30 REPLY (re #23 MOTION for Summary Judgment ) - PLAINTIFFS SUR-REPLY REGARDING ADMISSIBILITY AND RELEVANCE OF THE DECLARATION OF GENING LIAO filed byOperating Engineers Local Union No. 3. (Weill, Jay) (Filed on 9/8/2022) |
|
Filing 29
ORDER by Magistrate Judge Alex G. Tse granting #27 Plaintiff's Motion for Permission to File Declaration of Gening Liao. Plaintiff is directed to file a surreply of 5 pages or less, by no later than September 8, addressing the admissibility and relevance of Ms. Liao's declaration and attached exhibit. Defendant may file a response of up to 5 pages by no later than September 13. The hearing on defendant's motion for summary judgment is continued to September 16, 2022, at 10:00 a.m. (This is a text-only entry generated by the court. There is no document associated with this entry.) (shy, COURT STAFF) (Filed on 9/1/2022)
|
| Filing 28 OPPOSITION/RESPONSE (re #27 MOTION for Permission to File Declaration of Gening Liao ) filed byUnited States of America. (Yost, Landon) (Filed on 9/1/2022) |
| Filing 27 MOTION for Permission to File Declaration of Gening Liao filed by Operating Engineers Local Union No. 3. Motion Hearing set for 9/9/2022 10:00 AM in San Francisco, - Videoconference Only before Magistrate Judge Alex G. Tse. Responses due by 9/9/2022. (Weill, Jay) (Filed on 8/30/2022) |
| Filing 26 CLERKS NOTICE REGARDING MOTION HEARING: The parties are hereby notified that the hearing on #23 Defendant's motion for summary judgment, which is set for 9/9/2022 at 10:00 AM before Magistrate Judge Alex G. Tse, will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/agt General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this e ntry.) (shy, COURT STAFF) (Filed on 8/30/2022) |
| Filing 25 REPLY (re #23 MOTION for Summary Judgment ) filed byUnited States of America. (Yost, Landon) (Filed on 8/18/2022) |
| Filing 24 OPPOSITION/RESPONSE (re #23 MOTION for Summary Judgment ) filed byOperating Engineers Local Union No. 3. (Attachments: #1 Declaration of Jay R. Weill)(Weill, Jay) (Filed on 8/12/2022) |
| Filing 23 MOTION for Summary Judgment filed by United States of America. Motion Hearing set for 9/9/2022 10:00 AM before Magistrate Judge Alex G. Tse. Responses due by 8/12/2022. Replies due by 8/19/2022. (Attachments: #1 Declaration of Landon Yost, #2 Exhibit LY-1, #3 Exhibit LY-2, #4 Exhibit LY-3, #5 Exhibit LY-4, #6 Exhibit LY-5, #7 Exhibit LY-6, #8 Exhibit LY-7, #9 Exhibit LY-8, #10 Exhibit LY-9)(Yost, Landon) (Filed on 7/29/2022) |
| Filing 22 REVISED CASE MANAGEMENT SCHEDULE by Magistrate Judge Alex G. Tse. The revised schedule is as follows:Final Pretrial Conference: November 18, 2022Jury Trial (3 days): December 12-14, 2022 (shy, COURT STAFF) (Filed on 7/8/2022) Modified on 7/8/2022 (shy, COURT STAFF). |
| Filing 21 Proposed Order TO EXTEND DEADLINES IN CASE MANAGEMENT SCHEDULING ORDER by Operating Engineers Local Union No. 3. (Weill, Jay) (Filed on 7/7/2022) |
| Filing 20 Minute Entry for further case management conference held on 7/1/2022 before Magistrate Judge Alex G. Tse. The parties shall submit a revised case schedule proposal. Digital Recording Time: 3:23 - 3:31. Plaintiff Attorney: Jay Robert Weill. Defendant Attorney: Landon Yost. (This is a text-only entry generated by the court. There is no document associated with this entry.) (shy, COURT STAFF) (Date Filed: 7/1/2022) |
| Filing 19 CLERKS NOTICE RESCHEDULING FURTHER CASE MANAGEMENT CONFERENCE: The parties are hereby notified that the further case management conference is rescheduled to 7/1/2022 at 3:00 PM before Magistrate Judge Alex G. Tse. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/agt General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associat ed with this entry.) (shy, COURT STAFF) (Filed on 6/24/2022) |
| Filing 18 CLERKS NOTICE RESCHEDULING FURTHER CASE MANAGEMENT CONFERENCE: The parties are hereby notified that the further case management conference is rescheduled to 7/1/2022 at 3:00 PM before Magistrate Judge Alex G. Tse. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/agt General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associat ed with this entry.) (shy, COURT STAFF) (Filed on 6/24/2022) |
|
Filing 17
Order by Magistrate Judge Alex G. Tse granting #16 Stipulation to Extend Deadlines in Case Management Schedule Order. A further case management conference is set for 7/1/2022 at 2:00 PM. The pretrial conference is set for 9/16/2022 at 2:00 PM. Trial is set to begin on 10/24/2022 at 8:30 AM. (agtlc2, COURT STAFF) (Filed on 3/5/2022)
|
| Filing 16 STIPULATION WITH PROPOSED ORDER to extend deadlines in case management order filed by United States of America. (Attachments: #1 Declaration of Landon Yost, #2 Proposed Order)(Yost, Landon) (Filed on 3/4/2022) |
|
Filing 15
CASE MANAGEMENT SCHEDULE ORDER by Magistrate Judge Alex G. Tse. A Further Case Management Conference is set for 4/1/2022 at 2:00 PM. The Pretrial Conference is set for 6/17/2022 at 2:00 PM. Trial is set to begin on 7/25/2022 at 8:30 AM. (shyS, COURT STAFF) (Filed on 7/19/2021)
|
| Filing 14 Minute Entry for initial case management conference held on 7/16/2021 before Magistrate Judge Alex G. Tse. The Court shall issue an order setting forth dates and deadlines associated with the case schedule. Recorded via Zoom: 2:58 - 3:02. Plaintiff Attorney: Jay Robert Weill. Defendant Attorney: Landon Yost. (This is a text-only entry generated by the court. There is no document associated with this entry.) (shyS, COURT STAFF) (Date Filed: 7/16/2021) |
| Filing 13 CASE MANAGEMENT STATEMENT filed by Operating Engineers Local Union No. 3. (Weill, Jay) (Filed on 7/1/2021) |
| Filing 12 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Weill, Jay) (Filed on 6/30/2021) |
| Filing 11 Certificate of Interested Entities by Operating Engineers Local Union No. 3 (Weill, Jay) (Filed on 6/29/2021) |
| Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States of America.. (Yost, Landon) (Filed on 6/28/2021) |
| Filing 9 CLERK'S NOTICE TO DEFENDANT Re: Consent or Declination. Defendant shall file a consent or declination to proceed before a magistrate judge by 7/7/2021. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (shyS, COURT STAFF) (Filed on 6/23/2021) |
| Filing 8 CLERKS NOTICE RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: The parties are hereby notified that the Initial Case Management Conference is rescheduled to 7/16/2021 at 3:00 PM before Magistrate Judge Alex G. Tse. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/agt General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associat ed with this entry.) (shyS, COURT STAFF) (Filed on 6/23/2021) |
| Filing 7 ANSWER to Complaint byUnited States of America. (Yost, Landon) (Filed on 6/17/2021) |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Operating Engineers Local Union No. 3.. (Weill, Jay) (Filed on 4/27/2021) |
| Filing 5 Summons Issued as to United States of America, U.S. Attorney and U.S. Attorney General. (mclS, COURT STAFF) (Filed on 4/16/2021) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/9/2021. Initial Case Management Conference set for 7/16/2021 02:00 PM. (mclS, COURT STAFF) (Filed on 4/16/2021) |
| #Electronic filing error. Plaintiff's name has been entered as Local Union No. 3 Operating Engineers. E-filer is reminded to enter party's name as named in the Compla int. Corrected by Clerk's Office. No further action is necessary. Re: #1 Complaint filed by Operating Engineers Local Union No. 3 (mclS, COURT STAFF) (Filed on 4/16/2021) |
| Filing 3 Case assigned to Magistrate Judge Alex G. Tse. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/29/2021. (bwS, COURT STAFF) (Filed on 4/15/2021) |
| Filing 2 Proposed Summons. (Weill, Jay) (Filed on 4/15/2021) |
| Filing 1 COMPLAINT against United States of America ( Filing fee $ 402, receipt number 0971-15844012.). Filed byLocal Union 3 Operating Engineers. (Attachments: #1 Civil Cover Sheet)(Weill, Jay) (Filed on 4/15/2021) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
