United States of America v. LeBeau et al
| United States of America |
| Charles P. LeBeau, San Diego County, Merck & Co., Inc., State of California, William O. Dougherty, Bank of America, N.A., Joseph Kelly, Victoria J. LeBeau and California Franchise Tax Board |
| 3:2017cv01046 |
| May 23, 2017 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| William V Gallo |
| Linda Lopez |
| Jeffrey T Miller |
| Andrew G Schopler |
| Taxes |
| 26 U.S.C. § 7403 IRS: Action to Enforce Federal Tax Lien |
| None |
Docket Report
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This docket was last retrieved on January 30, 2024. A more recent docket listing may be available from PACER.
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Filing 118
STATUS REPORT by United States of America. (Reimelt, Jessica) (ddf).
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Filing 117
Case Status Report To Court by Charles P. LeBeau. (ddf)
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Filing 116
ORDER Setting Deadline For Parties To File Status Update. Signed by Judge Linda Lopez on 12/6/2022.(All non-registered users served via U.S. Mail Service)(ddf)
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Filing 115
ORDER Granting Motion For Substitution Of Attorney As To Defendant Bank of America, N.A. [ECF No. #114 ]. Signed by Judge Linda Lopez on 12/6/2022. (All non-registered users served via U.S. Mail Service)(ddf)
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Filing 114
MOTION to Substitute Attorney Phillip Chan by Bank of America, N.A.. (Chan, Phillip)Attorney Phillip Chan added to party Bank of America, N.A.(pty:dft) (ddf).
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Filing 113
NOTICE that the U.S. Tax Court Denied the IRS's Motion to Dismiss Victoria Le Beau's Petition for Lack of Jurisdiction by United States of America (Attachments: #1 Exhibit June 30, 2022 Tax Court Order in Case No. 12784-18)(Reimelt, Jessica) (ddf).
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Filing 112
ORDER (AGS): Plaintiff's motion to reopen discovery (ECF #105 ) is granted. Discovery is reopened through September 15, 2022, for the limited purpose of seeking updated documentary evidence from third parties. Signed by Magistrate Judge Andrew G. Schopler on 6/15/2022. (All non-registered users served via U.S. Mail Service)(no document attached) (rfb)
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Filing 111
MANDATE of USCA dismissing the appeal as to #107 Notice of Appeal to the 9th Circuit filed by Charles P. LeBeau. (akr)
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Filing 110
ORDER of USCA as to #107 Notice of Appeal to the 9th Circuit filed by Charles P. LeBeau. A review of the record demonstrates that the USCA lacks jurisdiction over this appeal because the order challenged in the appeal is not final or appealable. Consequently, this appeal is dismissed for lack of jurisdiction. Dismissed. (akr)
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Filing 109
USCA Time Schedule Order as to #107 Notice of Appeal to the 9th Circuit filed by Charles P. LeBeau. (akr)
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Filing 108
USCA Case Number 22-55349 for #107 Notice of Appeal to the 9th Circuit filed by Charles P. LeBeau. (akr)
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Filing 107
NOTICE OF APPEAL to the 9th Circuit by Charles P. LeBeau. Fee not paid. (Notice of Appeal electronically transmitted to the US Court of Appeals.) (akr)
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Filing 106
ORDER (AGS): Plaintiff's motion to reopen discovery (ECF #105 ) is taken under advisement. Defendants may file any response by March 30, 2022. Signed by Magistrate Judge Andrew G. Schopler on 3/23/2022. (All non-registered users served via U.S. Mail Service.)(no document attached) (rfb) (yeb).
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Filing 105
MOTION for Discovery to seek documentary evidence from third parties by United States of America. (Reimelt, Jessica) *Motion under submission, no appearances are required unless ordered by the Court. (ddf).
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Filing 104
ORDER Granting Motion To Partially Lift Stay [ECF No. #94 ]. Signed by Judge Linda Lopez on 3/1/2022. (All non-registered users served via U.S. Mail Service)(ddf)
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Filing 103
Defendant's Ex Parte Request For Oral Argument And Return To Judge Curiel by Charles P. LeBeau, Victoria J. LeBeau (ddf)
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Filing 102
Defendant's Supplemental Opposition To Plaintiff's Motion To Lift Stay #94 MOTION To Lift The Stay filed by Charles P. LeBeau, Victoria J. LeBeau. (Attachments: #1 Exhibit 1, #2 Declaration)(ddf)
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Filing 101
CORRECTED Minute Order for proceedings before Judge Linda Lopez: Motion Submitted #94 MOTION To Lift Stay. Plaintiff's Motion To Lift Stay [ECF No. 94] is taken under submission without oral argument. The February 11, 2022 hearing on the motion is VACATED. The parties and counsel need not appear before this Court on February 11, 2022 for a motion hearing. A written order on the motion will issue in due course. (All non-registered users served via U.S. Mail Service)(no document attached) (ssn)(All non-registered users served via U.S. Mail Service)(no document attached) (ssn)
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Filing 100
Minute Order for proceedings before Judge Linda Lopez: Motion Submitted #94 MOTION To Lift Stay. Defendant's Motion To Lift Stay [ECF No. 94] is taken under submission without oral argument. The February 11, 2022 hearing on the motion is VACATED. The parties and counsel need not appear before this Court on February 11, 2022 for a motion hearing. A written order on the motion will issue in due course. (All non-registered users served via U.S. Mail Service)(no document attached) (ssn)
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Filing 99
REPLY to Response to Motion re #94 MOTION To Lift The Stay filed by United States of America. (Reimelt, Jessica) (fth).
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Filing 98
REQUEST FOR JUDICIAL NOTICE by Charles P. LeBeau, Victoria J. LeBeau re #97 Response in Opposition to Motion (ddf)
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Filing 97
Defendant's Opposition To Plaintiff's re #94 MOTION To Lift The Stay filed by Charles P. LeBeau, Victoria J. LeBeau. (ddf)
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Filing 96
ORDER OF TRANSFER: This case is transferred from the calendar of the Honorable Gonzalo P. Curiel to the calendar of the Honorable Linda Lopez. All dates currently set before Judge Curiel shall remain as currently scheduled. Dates before the Magistrate Judge are unaffected by this Order. The new case number is 17cv1046 LL (AGS). Signed by Judge Gonzalo P. Curiel on 01/07/2022.(All non-registered users served via U.S. Mail Service)(jcj)
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Filing 95
ORDER Granting in Part and Denying in Part #93 Motion to Continue Hearing. Responses due by 1/14/2022, Replies due by 1/28/2022. Motion Hearing set for 2/11/2022 at 1:30 PM before Judge Gonzalo P. Curiel. Signed by Judge Gonzalo P. Curiel on 11/2/21. (All non-registered users served via U.S. Mail Service)(dlg)
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Filing 94
MOTION To Lift The Stay by United States of America. (Attachments: #1 Memo of Points and Authorities)(Reimelt, Jessica) (dlg).
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Filing 93
Ex Parte Application for Order to Continue by Victoria J. LeBeau. (dlg)
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Filing 92
ORDER Setting Briefing Schedule : The Government shall file a motion to lift the stay on or before October 29, 2021. Charles and Victoria Le Beau shall file an opposition on or before November 19, 2021. The Government shall file a reply on or before December 3, 2021. A hearing is set on December 17, 2021 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 10/5/21. (All non-registered users served via U.S. Mail Service)(dlg)
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Filing 91
STATUS REPORT by Charles and Victoria Le Beau and the United States by United States of America. (Reimelt, Jessica) (dlg).
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Filing 90
ORDER (AGS): By October 1, 2021, the parties must file a joint report explaining the status of proceedings in U.S. Tax Court and whether it would be appropriate to lift the stay at this time. Signed by Magistrate Judge Andrew G. Schopler on 09/14/2021.(no document attached) (mxa)
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Filing 89
STATUS REPORT indicating the status of proceedings in U.S. Tax Court by Charles and Victoria Le Beau and by United States of America. (Reimelt, Jessica) (dlg).
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Filing 88
ORDER (AGS): By October 2, 2020, the parties must file a joint report indicating the status of proceedings in U.S. Tax Court and whether it would be appropriate to lift the stay at this time. Signed by Magistrate Judge Andrew G. Schopler on 09/25/2020. (All non-registered users served via U.S. Mail Service)(no document attached) (nxk)
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Filing 87
MOTION to Substitute Attorney by California Franchise Tax Board. (Attachments: #1 Declaration, #2 Proof of Service)(Chao, Lisa)Attorney Lisa W Chao added to party California Franchise Tax Board(pty:dft) (dlg). Modified on 1/16/2019 to term motion per dj chambers. Motion not needed, attorney could have filed a notice of appearance (dlg).
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Filing 86
ORDER (MLG): In light of the stay (ECF No. #85 ), the November 15, 2018 Mandatory Settlement Conference is vacated. Signed by Magistrate Judge Marc L. Goldman on 11/06/2018. (All non-registered users served via U.S. Mail Service)(no document attached) (mjg)
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Filing 85
ORDER Granting in Part Defendants' #65 Motion to Stay and Denying Defendants' #83 Motion to Extend Deadline to File Dispositive Motion. Signed by Judge Gonzalo P. Curiel on 10/16/18. (All non-registered users served via U.S. Mail Service)(dlg)
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Filing 84
Minute Entry for proceedings held before Judge Gonzalo P. Curiel: Motion Hearing held on 10/12/2018 re #65 MOTION to Stay filed by Charles P. LeBeau - Submitted. Court to issue Order.(Court Reporter/ECR Chari Bowery). (Plaintiff Attorney Jessica Reimelt). (Defendant Attorney Charles LeBeau and Victoria LeBeau). (no document attached) (ksr)
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Filing 83
Ex Parte MOTION to Extend Deadline to File Dispositive Motions by Charles P. LeBeau, Victoria J. LeBeau. (dlg)
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Filing 82
NOTICE Regarding Exhibit Attachment by United States of America (Attachments: #1 Exhibit Tax Court Order Amending Case Caption)(Reimelt, Jessica) (dlg).
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Filing 81
ORDER (MLG): Plaintiff's unopposed motion (ECF No. #80 ) is granted. The November 6, 2018 Mandatory Settlement Conference is vacated and reset to November 15, 2018, at 1:00 p.m. Confidential settlement statements must be submitted by November 8, 2018. Signed by Magistrate Judge Marc L. Goldman on 10/04/2018. (All non-registered users served via U.S. Mail Service)(no document attached) (mjg)
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Filing 80
MOTION to Continue Settlement Conference to November 15, 2018 by United States of America. (Reimelt, Jessica) (dlg).
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Filing 79
NOTICE of Hearing on Motion #65 MOTION to Stay : Motion Hearing set for 9/28/18 VACATED AND RESET TO 10/12/2018 01:30 PM before Judge Gonzalo P. Curiel. (All non-registered users served via U.S. Mail Service)(no document attached) (ksr)
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Filing 78
ORDER (JLW): Due to the Court's schedule, the Mandatory Settlement Conference is reset to November 6, 2018, at 1:00 p.m. That hearing will be held by Magistrate Judge Marc Goldman in Judge Schopler's Chambers. Signed by Magistrate Judge John L. Weinberg on 09/24/2018.(All non-registered users served via U.S. Mail Service)(no document attached) (mxa)
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Filing 77
SUR-REPLY - re #76 Order,, Set Motion and R&R Deadlines/Hearings, filed by United States of America. (Attachments: #1 Exhibit Administrative Denial of Victoria Le Beau's Claim for Innocent Spouse Relief for the 1995 tax year)(Reimelt, Jessica) (dlg).
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Filing 76
ORDER Directing Plaintiff to File a Sur-Reply and Resetting Hearing Date as to #65 Motion to Stay. Plaintiff shall file a sur-reply on or before September 20, 2018. The hearing date set for September 21, 2018 shall be continued to September 28, 2018 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 9/13/18.(All non-registered users served via U.S. Mail Service)(dlg)
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Filing 75
REPLY to Response to Motion re #65 MOTION to Stay filed by Charles P. LeBeau, Victoria J. LeBeau. (dlg) (Main Document 75 replaced on 9/26/2018 to add missing page 4 to document) (dlg).
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Filing 74
ORDER (BLM): Plaintiff's unopposed motion (ECF No. #73 ) is granted. The Mandatory Settlement Conference is reset to October 24, 2018, at 9:00 a.m. Signed by Magistrate Judge Barbara L. Major on 09/07/2018. (All non-registered users served via U.S. Mail Service)(no document attached) (mjg)
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Filing 73
MOTION to Continue the Scheduling Conference for one week by United States of America. (Reimelt, Jessica) (dlg).
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Filing 72
ORDER (JLB): Due to the Court's schedule and Judge Schopler's temporary unavailability, the Mandatory Settlement Conference is reset to October 17, 2018, at 9:00 a.m. That hearing will be held by Magistrate Judge Marc L. Goldman in Chambers 5160 (Judge Schopler's chambers) in the Schwartz Federal Courthouse. The MSC statements are now due October 10, 2018. All other provisions of this Court's February 12, 2018 Order (ECF No. 50) remain in effect. Signed by Magistrate Judge Jill L. Burkhardt on 09/04/2018.(All non-registered users served via U.S. Mail Service)(no document attached) (mjg)
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Filing 71
ORDER Granting #70 Joint Motion to Extend Deadlines to File Dispositive Motions to October 22, 2018. Signed by Judge Gonzalo P. Curiel on 8/31/18. (All non-registered users served via U.S. Mail Service)(dlg)
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Filing 70
Joint MOTION for Extension of Time to File Motions for Summary Judgment by United States of America. (Reimelt, Jessica) (dlg).
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Filing 69
RESPONSE in Opposition re #65 MOTION to Stay filed by United States of America. (Attachments: #1 Exhibit Second Deed of Trust, #2 Exhibit First Amended Second Deed of Trust, #3 Exhibit Second Amended Second Deed of Trust)(Reimelt, Jessica) (mpl).
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Filing 68
ORDER Granting #67 Joint Motion Regarding Stipulation of Priority Between the United States of America and William O. Dougherty. It is further ordered that William O. Dougherty has no right to, title to, or interest in the subject real property located at 1999 Via Segovia, La Jolla, CA 92037. It is further ordered that William O. Dougherty shall bear his own costs in this action, including any possible attorney's fees. It is further ordered that, unless otherwise ordered by the Court, William O. Dougherty is excused from further participation in this action. Signed by Judge Gonzalo P. Curiel on 8/2/2018. (All non-registered users served via U.S. Mail Service)(rmc)
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Filing 67
MOTION for Order regarding William O. Doherty's disclaimer of interest in the subject real property by United States of America. (Reimelt, Jessica) Corrected event on 8/2/2018 (rmc).
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Filing 66
ORDER Setting Briefing Schedule. Defendants filed a motion for stay. (Dkt. No. 65.) Accordingly, it is hereby ordered that any opposition shall be filed on or before 8/24/2018. Any reply shall be filed on or before 9/7/2018. A hearing is set on 9/21/2018 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 8/1/2018.(All non-registered users served via U.S. Mail Service)(rmc)
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Filing 65
MOTION to Stay Pending United States Tax Court Trial and Any Possible Appeal by Charles P. LeBeau. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Declaration of Charles P. LeBeau, #4 Exhibits)(rmc)
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Filing 64
ORDER (CEA): Due to the Court's schedule, the August 24, 2018 Mandatory Settlement Conference is vacated and rescheduled to September 12, 2018, at 2:00 p.m. The parties must submit confidential settlement statements to efile_schopler@casd.uscourts.gov by September 5, 2018. Signed by Magistrate Judge Clinton Averitte on 7/17/18.(All non-registered users served via U.S. Mail Service)(no document attached) (jrg)
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Filing 63
ORDER Denying Defendants' #60 Motion for Declaratory Judgment. The hearing set for July 20, 2018 shall be vacated. Signed by Judge Gonzalo P. Curiel on 7/17/18. (All non-registered users served via U.S. Mail Service)(dlg)
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Filing 62
REPLY to Response to Motion re #60 MOTION for Order filed by Charles P. LeBeau, Victoria J. LeBeau. (dlg).
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Filing 61
RESPONSE in Opposition re #60 MOTION for Order filed by United States of America. (Reimelt, Jessica) (dlg).
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Filing 60
MOTION for Declaratory Judgment that Defendants' Taxes are Uncollectible Based on Financial Hardship by Charles P. LeBeau. Nun pro tunc 6/20/18 (dlg)
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Filing 59
Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Accepting Document: Notice of Motion and Motion for Declaratory Judgment, from Defendant Charles P. LeBeau. Non-compliance with local rule(s), Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 6/20/18. Signed by Judge Gonzalo P. Curiel on 6/21/18.(All non-registered users served via U.S. Mail Service)(dlg)
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Filing 58
SECOND AMENDED COMPLAINT against All Defendants, filed by United States of America. (Reimelt, Jessica) (rmc).
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Filing 57
ORDER Granting Plaintiff's #53 Motion for Leave to File Second Amended Complaint. Plaintiff shall file a Second Amended Complaint within three days of the filed date of this Order. The hearing date set for June 15, 2018 shall be vacated. Signed by Judge Gonzalo P. Curiel on 6/7/18. (All non-registered users served via U.S. Mail Service)(dlg)
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Filing 56
REPLY to Response to Motion re #53 MOTION for Leave to File Second Amended Complaint filed by United States of America. (Reimelt, Jessica) (dlg).
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Filing 55
RESPONSE in Opposition re #53 MOTION for Leave to File Second Amended Complaint filed by Charles P. LeBeau, Victoria J. LeBeau. (dlg)
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Filing 54
ORDER Setting Briefing Schedule re #53 MOTION for Leave to File Second Amended Complaint : Any opposition shall be filed on or before May 11, 2018. Any reply shall be filed on or before May 25, 2018. A hearing is set on June 15, 2018 in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 4/9/18.(All non-registered users served via U.S. Mail Service)(dlg)
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Filing 53
MOTION for Leave to File Second Amended Complaint by United States of America. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit Proposed Second Amended Complaint)(Reimelt, Jessica) (dlg).
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Filing 52
ORDER (AGS): In light of the statement Ms. LeBeau submitted, the order to show cause (ECF No. 49 ) is discharged. But Ms. LeBeau is admonished that she is responsible for reading and understanding all orders from this Court, as all parties are. Additionally, if Ms. LeBeau has other commitments that create scheduling conflicts, she must first obtain Court permission before her obligation to appear is discharged. Signed by Magistrate Judge Andrew G. Schopler on 02/20/18.(All non-registered users served via U.S. Mail Service)(no document attached) (jrg)
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Filing 51
RESPONSE TO ORDER TO SHOW CAUSE by Victoria J. LeBeau re 49 Order to Show Cause. (rmc)
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Filing 50
SCHEDULING ORDER: A Mandatory Settlement Conference shall be conducted on August 24, 2018 at 2:00 p.m. in the chambers of Magistrate Judge Andrew G. Schopler. Pretrial Disclosures shall be prepared, served and lodged with the assigned district judge by February 1, 2019. The final Pretrial Conference is scheduled on the calendar of the Honorable Gonzalo P. Curiel on February 8, 2019 at 1:30pm. Signed by Magistrate Judge Andrew G. Schopler on 2/12/18.(All non-registered users served via U.S. Mail Service)(dlg)
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Filing 49
ORDER TO SHOW CAUSE (AGS): Defendant Victoria LeBeau is ordered to show cause in writing why she failed to appear at the February 6, 2018 Early Neutral Evaluation. Ms. LeBeau must file her written explanation with the Clerk's Office by February 16, 2018. Because she need not appear in person to show cause, Mr. LeBeau is no longer required to contact the Court with Ms. LeBeau's availability. Signed by Magistrate Judge Andrew G. Schopler on 02/06/18.(All non-registered users served via U.S. Mail Service)(no document attached) (jrg)
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Filing 48
MINUTE ENTRY: On February 6, 2018, the Court held an Early Neutral Evaluation and Case Management Conference. The case did not settle. A scheduling order will follow. (All non-registered users served via U.S. Mail Service)(no document attached) (jrg)
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Filing 47
ORDER Granting Joint #46 Motion Regarding Stipulation of Priority Between the United States of America and California Franchise Tax Board. FTB is excused from further participation in this action. Signed by Judge Gonzalo P. Curiel on 2/6/18. (dlg) (jao).
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Filing 46
MOTION court approval of stipulation of tax priorities between USA and FTB by California Franchise Tax Board. (O'Donnell, Jane) (dlg).
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Filing 45
REPORT of Rule 26(f) Planning Meeting. (Reimelt, Jessica) (dlg).
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Filing 44
NOTICE AND ORDER for Early Neutral Evaluation and Case Management Conference. The Court reschedules the Early Neutral Evaluation and Case Management Conference for February 6, 2018, at 9:00 a.m. in the Chambers of Magistrate Judge Andrew G. Schopler. Signed by Magistrate Judge Andrew G. Schopler on 12/19/17.(dlg) (jao).
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Filing 43
STATUS REPORT by United States of America. (Reimelt, Jessica) (dlg).
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Filing 42
ORDER Denying #36 Defendants' Motion to Dismiss and Granting in Part Defendant Victoria Lebeau's Request for a Stay. The Court denies Defendants' motion to dismiss and grants in part Defendant's motion to stay proceedings as to Victoria LeBeau for the tax years 1995, 1997-1999. The hearing set for 12/15/2017 shall be vacated. Signed by Judge Gonzalo P. Curiel on 12/8/2017. (rmc)
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Filing 41
REPLY to Response to Motion re #36 MOTION to Dismiss filed by Charles P. LeBeau, Victoria J. LeBeau. Nunc pro tunc 12/1/17 (dlg)
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Filing 40
Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Accepting Document: Defendant's Reply to United States' Opposition to Their Motion to Dismiss Plaintiff's First Amended Complaint and all Other Court Proceedings, from Defendant Charles P. LeBeau. Non-compliance with local rule(s), OTHER: Civ.L. Rule 5.2 Missing proof of service. Nunc Pro Tunc 12/1/17. Signed by Judge Gonzalo P. Curiel on 12/4/17.(dlg)
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Filing 39
RESPONSE in Opposition re #36 MOTION to Dismiss filed by United States of America. (Reimelt, Jessica)(mpl).
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Filing 38
ORDER Setting Briefing Schedule re #36 MOTION to Dismiss : Any opposition shall be filed on or before November 17, 2017. Any reply shall be filed on or before December 1, 2017. A hearing is set on January 19, 2018 shall be rescheduled to December 15, 2017 in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 11/1/17.(dlg)
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Filing 37
ORDER (AGS): In light of the parties' joint status report (ECF No. #35 ), the Court orders the parties to submit an additional joint status report within three days of the resolution of Defendant's motion to dismiss plaintiff's first amended complaint(ECF No. #36 ). Signed by Magistrate Judge Andrew G. Schopler on 10/31/17.(no document attached) (jrg)
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Filing 36
MOTION to Dismiss Plaintiff's First Amended Complaint by Charles P. LeBeau, Victoria J. LeBeau. (Attachments: #1 Request for Judicial Notice, #2 Declaration of Victoria Le Beau, #3 Declaration of Charles Le Beau, #4 Exhibit)(dlg). Added MOTION to Stay on 12/8/2017 (rmc).
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Filing 35
STATUS REPORT by United States of America. (Reimelt, Jessica) (dlg).
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Filing 34
ORDER Denying Defendants' #24 Motion to Dismiss as Moot. Signed by Judge Gonzalo P. Curiel on 10/10/17. (dlg)
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Filing 33
AMENDED COMPLAINT against All Defendants, filed by United States of America. (Reimelt, Jessica) (dlg).
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Filing 32
ORDER (AGS): The parties' motion for an extension of time to file a Joint Discovery Plan (ECF No. #30 ) and to continue the Early Neutral Evaluation and Case Management Conference (ECF No. #31 ) are granted. Accordingly, the requirement to file a Joint Discovery Plan 09/22/17, and to attend the ENE and CMC set for 09/29/17 at 9:00 AM are vacated. The parties are ordered to submit a joint status report within three business days of the resolution of Defendant LeBeau's Motion to Dismiss (ECF No. #24 ), indicating the status of the case. Signed by Magistrate Judge Andrew G. Schopler on 09/27/17. (no document attached) (jrg)
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Filing 31
NOTICE of Charles and Victoria Le Beau's Motion to Continue ENE by United States of America (Attachments: #1 Exhibit Charles and Victoria Le Beau's Motion to Continue ENE)(Reimelt, Jessica) (dlg).
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Filing 30
MOTION for Extension of Time to File a Joint Discovery Plan by United States of America. (Reimelt, Jessica) (dlg).
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Filing 29
ORDER (AGS): In light of the Order granting the joint stipulation of Plaintiff and Defendant Bank of America (ECF No. #23 ), and dismissal of Bank of America as a defendant, Bank of America's Motion to be Relieved (ECF No. #27 ) is granted. Signed by Magistrate Judge Andrew G. Schopler on 09/20/17. (no document attached) (jrg)
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Filing 28
ORDER Granting Joint #26 Motion Regarding Stipulation of Priority Between the United States of America and San Diego County. Unless otherwise ordered by the Court, San Diego is excused from further participation in this action and its lack of participation shall not affect the liens for local real property taxes against the Property. Signed by Judge Gonzalo P. Curiel on 9/19/17. (dlg)
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Filing 27
MOTION to be Relieved From Rule 26(f) and Early Neutral Evaluation Conferences re #23 Order on Motion for Order by Bank of America, N.A.. (Attachments: #1 Proof of Service)(Lees, Megan) (dlg).
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Filing 26
Joint MOTION for Order to Stipulate to Priority Between the United States of America and San Diego County by United States of America. (Reimelt, Jessica) (dlg).
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Filing 25
ORDER Setting Briefing Schedule re #24 MOTION to Dismiss : Any opposition shall be filed on or before September 29, 2017. Any reply shall be filed on or before October 13, 2017. A hearing is set on October 27, 2017 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 9/18/17.(dlg)
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Filing 24
MOTION to Dismiss Plaintiff's Complaint by Charles P. LeBeau, Victoria J. LeBeau. (Attachments: #1 Exhibit, #2 Declaration of Charles LeBeau, #3 Declaration of Victoria LeBeau, #4 Request for Judicial Notice)(dlg)
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Filing 23
ORDER Granting Joint #22 Motion to Stipulate to Consent Judgment and Lien Priority Between the United States of America and Bank of America, N.A. Signed by Judge Gonzalo P. Curiel on 9/7/17. (dlg) (jao).
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Filing 22
Joint MOTION for Order of Judgment Concerning Lien Priority Between the United States of America and Bank of America, N.A. by United States of America. (Reimelt, Jessica) (dlg).
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Filing 21
WAIVER OF SERVICE Returned Executed by United States of America, as to William O. Dougherty. (Reimelt, Jessica) (dlg).
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Filing 20
ORDER Granting Joint #18 Motion Regarding Stipulation of Priority Between the United States of America and Joseph Kelly. Signed by Judge Gonzalo P. Curiel on 8/29/17. (dlg)
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Filing 19
ORDER (AGS): Due to the Court's schedule, the September 29, 2017 Early Neutral Evaluation and Case Management Conference are reset to that same date at 9:00 a.m. All other provisions of this Court's August 8, 2017 and September 28, 2017 Orders remain in effect. (no document attached) (mxa)
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Filing 18
Joint MOTION for Order regarding priority of interest between Joseph Kelly and the United States by United States of America. (Reimelt, Jessica) (dlg).
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Filing 17
ANSWER to #1 Complaint, by California Franchise Tax Board.(O'Donnell, Jane)Attorney Jane Ann O'Donnell added to party California Franchise Tax Board(pty:dft) (aef).
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Filing 16
ORDER Granting Joint #15 Motion Regarding Stipulation to Extend Deadline for Defendant, Bank of America, N.A., to File Responsive Pleading Until September 7, 2017. Signed by Judge Gonzalo P. Curiel on 8/10/17. (dlg)
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Filing 15
Joint MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by Bank of America, N.A.. (Lees, Megan)Attorney Megan Elizabeth Lees added to party Bank of America, N.A.(pty:dft) QC email for attorney to submit proposed order (dlg).
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Filing 14
ORDER (AGS): The United States's motion to continue the Early Neutral Evaluation and Case Management Conference (ECF No. #13 ) is granted. The ENE and CMC are reset to September 29, 2017, at 2:00 p.m. The ENE briefing and joint discovery plan are due September 22, 2017. All other provisions of this Court's ENE and CMC notice remain in effect. Signed by Magistrate Judge Andrew G. Schopler on 08/08/2017. (no document attached) (mxa)
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Filing 13
MOTION to Continue the Early Neutral Evaluation Conference and extend time to file the Joint Discovery Plan by United States of America. (Reimelt, Jessica) (dlg).
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Filing 12
NOTICE AND ORDER for Early Neutral Evaluation Conference. An Early Neutral Evaluation and Case Management Conference will be held in the Chambers of Magistrate Judge Andrew G. Schopler on 8/25/2017 at 2:00 PM. Joint Discovery Plan due 8/18/2017. Signed by Magistrate Judge Andrew G. Schopler on 7/28/2017. (fth)
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Filing 11
ANSWER to #1 Complaint, to Foreclose Judgment Liens on Real Property by San Diego County. (Attachments: #1 Proof of Service)(De Lorrell, Walter)Attorney Walter J. De Lorrell, III added to party San Diego County (pty:dft) (fth).
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Filing 10
SUMMONS Returned Executed by United States of America. State of California served. (Reimelt, Jessica) (fth).
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Filing 9
SUMMONS Returned Executed by United States of America. Victoria J. LeBeau served. (Reimelt, Jessica) (fth).
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Filing 8
SUMMONS Returned Executed by United States of America. Charles P. LeBeau served. (Reimelt, Jessica) (fth).
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Filing 7
WAIVER OF SERVICE Returned Executed by United States of America, as to Merck & Co., Inc.. (Reimelt, Jessica) (fth).
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Filing 6
WAIVER OF SERVICE Returned Executed by United States of America, as to Joseph Kelly. (Reimelt, Jessica) (fth).
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Filing 5
WAIVER OF SERVICE Returned Executed by United States of America, as to State of California. (Reimelt, Jessica) (dlg).
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Filing 4
MINUTE ORDER OF RECUSAL. Magistrate Judge Nita L. Stormes is no longer assigned. Case reassigned to Magistrate Judge Andrew G. Schopler for all further proceedings. The new case number is 17cv1046-GPC-AGS. (fth)
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Filing 3
ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Gonzalo P. Curiel and Magistrate Judge Nita L. Stormes for all further proceedings. Judge Jeffrey T. Miller, Magistrate Judge William V. Gallo no longer assigned to case. Create association to 3:10-cv-00817-GPC-NLS. The new case number is 17cv1046-GPC-NLS. Signed by Judge Jeffrey T. Miller on 6/2/2017. Signed by Judge Gonzalo P. Curiel on 5/24/2017.(rlu)
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Filing 2
Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (mxn)
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Filing 1
COMPLAINT against All Defendants, No Fee Required, filed by United States of America. (Attachments: #1 Civil Cover Sheet)The new case number is 3:17-cv-01046-JM-WVG. Judge Jeffrey T. Miller and Magistrate Judge William V. Gallo are assigned to the case. (Reimelt, Jessica)(mxn) prepared proposed low number order on 5/23/2017 (rlu). (sjt).
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