Smart-Tek Services, Inc. v. United States Internal Revenue Service
Plaintiff: Smart-Tek Services, Inc.
Defendant: United States Internal Revenue Service
Case Number: 3:2015cv00449
Filed: February 27, 2015
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: Jan M Adler
Referring Judge: Barry Ted Moskowitz
Nature of Suit: Freedom of Information Act
Cause of Action: 05 U.S.C. § 0552 fi
Jury Demanded By: None
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Docket Report

This docket was last retrieved on January 15, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 15, 2021 Opinion or Order Filing 62 MANDATE of USCA affirming the decision of the USDC as to #58 Notice of Appeal to the 9th Circuit filed by Smart-Tek Services, Inc. (akr)
December 5, 2018 Opinion or Order Filing 61 TRANSCRIPT DESIGNATION AND ORDERING FORM by Smart-Tek Services, Inc.: No designated transcripts re #58 Notice of Appeal to 9th Circuit. (Praskievicz, Owen). (Modified on 12/5/2018: Added docket text re no designated transcripts.) (akr).
November 23, 2018 Opinion or Order Filing 60 USCA Time Schedule Order as to #58 Notice of Appeal to 9th Circuit filed by Smart-Tek Services, Inc. (akr)
November 23, 2018 Opinion or Order Filing 59 USCA Case Number 18-56560 for #58 Notice of Appeal to 9th Circuit filed by Smart-Tek Services, Inc. (akr)
November 21, 2018 Opinion or Order Filing 58 NOTICE OF APPEAL to the 9th Circuit as to #56 Order Granting In Part and Denying In Part Defendant's Motion For Summary Judgment and Granting and Denying In Part Plaintiff's Motion For Summary Judgment, #57 Clerk's Judgment, by Smart-Tek Services, Inc. (Filing fee $ 505 receipt number 0974-11927494.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Praskievicz, Owen). (Modified on 11/21/2018: Edited docket text re linked Order.) (akr).
September 26, 2018 Opinion or Order Filing 57 CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that Plaintiffs and the IRSs motions for summary judgment are GRANTED in part and denied in part. Signed by Judge Barry Ted Moskowitz on 9/25/2018.(sjm) (sjt).
September 25, 2018 Opinion or Order Filing 56 ORDER Granting In Part and Denying In Part Defendant's Motion For Summary Judgment and Granting and Denying In Part Plaintiff's Motion For Summary Judgment #44 and #48 . Signed by Judge Barry Ted Moskowitz on 9/25/2018. (sjm)
January 26, 2018 Opinion or Order Filing 55 MINUTE ORDER, Motions Submitted #48 MOTION for Summary Judgment (Corrected), #44 MOTION for Summary Judgment (no document attached) (rfm)
January 23, 2018 Opinion or Order Filing 54 RESPONSE in Support re #48 MOTION for Summary Judgment (Corrected) filed by United States Internal Revenue Service. (McMonagle, Ryan)(mxn).
January 23, 2018 Opinion or Order Filing 53 NOTICE OF WITHDRAWAL OF DOCUMENT by United States Internal Revenue Service re #51 Reply to Response to Motion filed by United States Internal Revenue Service . (McMonagle, Ryan)(mxn).
January 19, 2018 Opinion or Order Filing 52 REPLY to Response to Motion re #44 MOTION for Summary Judgment filed by Smart-Tek Services, Inc.. (Attachments: #1 Proof of Service)(Praskievicz, Owen)(mxn).
January 19, 2018 Opinion or Order Filing 51 ***DOCUMENT WITHDRAWN PER #53 NOTICE OF WITHDRAWAL*** REPLY to Response to Motion re #48 MOTION for Summary Judgment (Corrected) filed by United States Internal Revenue Service. (McMonagle, Ryan) QC email sent re: incorrect event selected (mxn). Modified to withdraw on 1/24/2018 (mxn).
January 12, 2018 Opinion or Order Filing 50 RESPONSE in Opposition re #44 MOTION for Summary Judgment filed by United States Internal Revenue Service. (Attachments: #1 Declaration of Ryan O. McMonagle)(McMonagle, Ryan)(mxn).
January 12, 2018 Opinion or Order Filing 49 RESPONSE in Opposition re #48 MOTION for Summary Judgment (Corrected) filed by Smart-Tek Services, Inc.. (Attachments: #1 Proof of Service)(Praskievicz, Owen)(mxn).
December 1, 2017 Opinion or Order Filing 48 MOTION for Summary Judgment (Corrected) by United States Internal Revenue Service. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Christopher P. Valvardi, #3 Declaration of Delphine V. Thomas)(McMonagle, Ryan)(mxn).
December 1, 2017 Opinion or Order Filing 47 NOTICE OF WITHDRAWAL OF DOCUMENT by United States Internal Revenue Service re #45 MOTION for Summary Judgment on Remaining Issues filed by United States Internal Revenue Service, #46 Notice of Withdrawal of Document, filed by United States Internal Revenue Service . (McMonagle, Ryan)(mxn).
November 30, 2017 Opinion or Order Filing 46 ***DOCUMENT WITHDRAWN PER #47 NOTICE OF WITHDRAWAL***NOTICE OF WITHDRAWAL OF DOCUMENT by United States Internal Revenue Service re #45 MOTION for Summary Judgment on Remaining Issues filed by United States Internal Revenue Service and Filing of Corrected Declaration. (Attachments: #1 Declaration of Delphine V. Thomas (Corrected, Dkt. No. 45-3))(McMonagle, Ryan) QC email sent re: refiling motion for summary judgment (mxn). Modified to withdraw on 12/4/2017 (mxn).
November 29, 2017 Opinion or Order Filing 45 ***DOCUMENT WITHDRAWN PER #47 NOTICE OF WITHDRAWAL*** MOTION for Summary Judgment on Remaining Issues by United States Internal Revenue Service. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Christopher P. Valvardi, #3 Declaration of Delphine V. Thomas)(McMonagle, Ryan) QC email sent re: missing signature on attachment 3 (mxn). Modified to withdraw on 12/4/2017 (mxn).
November 29, 2017 Opinion or Order Filing 44 MOTION for Summary Judgment by Smart-Tek Services, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Proof of Service)(Semerdjian, Dick)(mxn).
November 9, 2017 Opinion or Order Filing 43 ORDER granting #42 Motion for Extension of Time to File. Cross-motions for summary judgment must be filed on or before 11/29/2017. Signed by Magistrate Judge Jan M. Adler on 11/9/2017. (no document attached) (cdc)
November 9, 2017 Opinion or Order Filing 42 Joint MOTION for Extension of Time to File Cross-Motions for Summary Judgment by United States Internal Revenue Service. (McMonagle, Ryan)(mxn).
September 15, 2017 Opinion or Order Filing 41 ORDER Setting Filing Deadline for Motions for Summary Judgment. The Court convened a Case Management Conference on 9/14/2017 at 9:30 a.m. Based on the Court's discussions with counsel, it is hereby ordered that additional cross-motions for summary judgment must be filed on or before 11/152017. Signed by Magistrate Judge Jan M. Adler on 9/15/2017.(mxn)
September 14, 2017 Opinion or Order Filing 40 Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Case Management Conference held on 9/14/2017. (Plaintiff Attorneys Ronson Shamoun, Dick Semerdjian, Owen Praskievicz). (Defendant Attorney Ryan McMonagle). (no document attached) (cdc)
August 14, 2017 Opinion or Order Filing 39 ORDER Scheduling Case Management Conference. Telephonic Case Management Conference set for 9/14/2017 at 9:30 AM before Magistrate Judge Jan M. Adler. Signed by Magistrate Judge Jan M. Adler on 8/14/2017.(mxn)
July 5, 2017 Opinion or Order Filing 38 ORDER Denying Defendant's #28 Motion for Summary Judgment without prejudice. Signed by Judge Barry Ted Moskowitz on 7/5/2017. (rlu)
January 20, 2017 Opinion or Order Filing 37 MINUTE ORDER, Motions Submitted #28 MOTION for Summary Judgment (no document attached) (rfm)
January 13, 2017 Opinion or Order Filing 36 REPLY to Response to Motion re #28 MOTION for Summary Judgment filed by United States Internal Revenue Service. (McMonagle, Ryan)
November 29, 2016 Opinion or Order Filing 35 CERTIFICATE OF SERVICE by United States Internal Revenue Service re #34 Notice of Appearance, (McMonagle, Ryan) (rlu).
November 23, 2016 Opinion or Order Filing 34 NOTICE of Appearance and Substitution of Counsel by Ryan O. McMonagle on behalf of United States Internal Revenue Service (McMonagle, Ryan)Attorney Ryan O. McMonagle added to party United States Internal Revenue Service(pty:dft) qc email re lacking pos on 11/28/2016 (rlu).
October 28, 2016 Opinion or Order Filing 33 RESPONSE in Opposition re #28 MOTION for Summary Judgment filed by Smart-Tek Services, Inc.. (Attachments: #1 Declaration Declaration of Bonar in Support of Opposition)(Semerdjian, Dick) (rlu).
October 28, 2016 Opinion or Order Filing 32 NOTICE of Association of Counsel by Smart-Tek Services, Inc. (Semerdjian, Dick)Attorney Dick A Semerdjian added to party Smart-Tek Services, Inc.(pty:pla) (rlu).
October 7, 2016 Opinion or Order Filing 31 ORDER granting #30 Motion to Seal Previously Filed Document. Signed by Judge Barry Ted Moskowitz on 10/7/2016. (kcm)
October 7, 2016 Opinion or Order Filing 30 MOTION to Seal a Previously Filed Document by United States Internal Revenue Service. (Josey, Stephen)(acc).
October 7, 2016 Opinion or Order Filing 29 DECLARATION re #28 MOTION for Summary Judgment of Delphine Thomas by Defendant United States Internal Revenue Service. (Josey, Stephen) (acc).
October 7, 2016 Opinion or Order Filing 28 MOTION for Summary Judgment by United States Internal Revenue Service. (Attachments: #1 Notice of Motion, #2 Memo of Points and Authorities, #3 Declaration of Thomas Andrew Durrett, #4 Declaration of Delphine Thomas)(Josey, Stephen) (acc).
August 26, 2016 Opinion or Order Filing 27 ORDER granting #26 Motion for Extension of Time to File. The deadline to file motions for summary judgment is continued from 9/12/2016 to 10/7/2016. Signed by Magistrate Judge Jan M. Adler on 8/26/2016. (no document attached) (cdc)
August 24, 2016 Opinion or Order Filing 26 Joint MOTION for Extension of Time to File Motion for Summary Judgment by United States Internal Revenue Service. (Josey, Stephen) (rlu).
May 19, 2016 Opinion or Order Filing 25 Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Case Management Conference held on 5/19/2016. (Plaintiff Attorneys Ronson Shamoun, Allison Soares, Brad Paladini). (Defendant Attorney Stephen Josey). (no document attached) (cdc)
March 2, 2016 Opinion or Order Filing 24 ORDER: (1) Setting Filing Deadline for Motions for Summary Judgment and (2) Scheduling Case Management Conference. Motions for summary judgment must be filed on or before 9/12/2016. A telephonic Case Management Conference will be held on 5/19/2016 at 9:30 AM before Magistrate Judge Jan M. Adler. Signed by Magistrate Judge Jan M. Adler on 3/2/2016.(rlu)
March 2, 2016 Opinion or Order Filing 23 Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Case Management Conference held on 3/2/2016. (Plaintiff Attorney Ronson Shamoun). (Defendant Attorney Stephen Josey). Court to issue order. (no document attached) (cdc)
January 27, 2016 Opinion or Order Filing 22 Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Case Management Conference held on 1/27/2016. (Plaintiff Attorney Ronson Shamoun). (Defendant Attorney Stephen Josey). Case Management Conference set for 3/2/2016 09:30 AM before Magistrate Judge Jan M. Adler. Counsel shall use the same call-in information previously provided. (no document attached) (cdc)
December 15, 2015 Opinion or Order Filing 21 Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Case Management Conference held on 12/15/2015. (Plaintiff Attorney Ronson Shamoun). (Defendant Attorney Stephen Josey). Case Management Conference set for 1/27/2016 09:30 AM before Magistrate Judge Jan M. Adler. Counsel shall use the same call-in information previously provided. (no document attached) (cdc)
September 15, 2015 Opinion or Order Filing 20 ORDER: The Court convened a Case Management Conference on 9/15/2015. (1) Setting Deadline to Complete Document Production and (2) Scheduling a telephonic Case Management Conference for 12/15/2015 at 9:30 AM before Magistrate Judge Jan M. Adler. Signed by Magistrate Judge Jan M. Adler on 9/15/2015.(rlu)
September 15, 2015 Opinion or Order Filing 19 Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Case Management Conference held on 9/15/2015. (Plaintiff Attorney Ronson Shamoun). (Defendant Attorney Stephen Josey). Court to issue order. (no document attached) (cdc)
July 31, 2015 Opinion or Order Filing 18 Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Case Management Conference held on 7/31/2015. (Plaintiff Attorney Ronson Shamoun). (Defendant Attorney Stephen Josey). Case Management Conference set for 9/15/2015 09:30 AM before Magistrate Judge Jan M. Adler. Counsel shall use the same call-in information previously provided. (no document attached) (cdc)
June 1, 2015 Opinion or Order Filing 17 Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Early Neutral Evaluation Conference held on 6/1/2015. (Plaintiff Attorney Ronson Shamoun). (Defendant Attorney Stephen Josey). Case Management Conference set for 7/31/2015 09:30 AM before Magistrate Judge Jan M. Adler. Counsel shall call in for the conference using the same dial-in information previously provided. (no document attached) (cdc)
May 13, 2015 Opinion or Order Filing 16 NOTICE AND ORDER for Telephonic Early Neutral Evaluation will be held on 6/1/2015 at 9:30 AM before Magistrate Judge Jan M. Adler. Signed by Magistrate Judge Jan M. Adler on 5/13/2015.(rlu)
May 11, 2015 Opinion or Order Filing 15 ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Barry Ted Moskowitz and Magistrate Judge Jan M. Adler for all further proceedings. Judge M. James Lorenz, Magistrate Judge Nita L. Stormes no longer assigned to case. Pending hearings previously set before the original Judge(s) have been transferred to the newly assigned Judge(s). Create association to 3:15-cv-00447-BTM-JMA. The new case number is 15cv0449-BTM-JMA. Signed by Judge M. James Lorenz on 5/11/2015. Signed by Judge Barry Ted Moskowitz on 5/6/2015.(sjt)
May 5, 2015 Opinion or Order Filing 14 NOTICE AND ORDER for Telephonic Early Neutral Evaluation Conference. Telephonic Early Neutral Evaluation set for 6/4/2015 03:30 PM before Magistrate Judge Nita L. Stormes. Signed by Magistrate Judge Nita L. Stormes on 5/5/2015.(sjt)
May 4, 2015 Opinion or Order Filing 13 ANSWER to #1 Complaint, by United States Internal Revenue Service.(Josey, Stephen) (sjt).
April 3, 2015 Opinion or Order Filing 12 ORDER dismissing #8 Motion for Extension of Time to Answer as Moot ; granting #11 Motion for Extension of Time to Answer. The United States deadline to respond to the complaint is extended until May 4, 2015. Signed by Judge M. James Lorenz on 4/2/2015. (sjt)
April 1, 2015 Opinion or Order Filing 11 MOTION re #8 MOTION for Extension of Time to File Answer or other Responsive Pleading for entry of Stipulation by United States Internal Revenue Service. (Attachments: #1 Supplement Stipulation)(Josey, Stephen) (sjt).
April 1, 2015 Opinion or Order Filing 10 ORDER Setting Briefing Schedule re #8 MOTION for Extension of Time to File Answer or other Responsive Pleading : Responses due by 4/2/2015 Replies due by 4/3/2015.. Signed by Judge M. James Lorenz on 4/1/2015.(sjt)
April 1, 2015 Opinion or Order Filing 9 Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Accepting re #8 MOTION for Extension of Time to File Answer or other Responsive Pleading, from Defendant United States Internal Revenue Service. Non-compliance with local rule(s), ECF 2(h): Includes a proposed order or requires judges signature, Civ. L. Rule 5.1: Document text sub-14-point font. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge M. James Lorenz on 4/1/2015.(sjt)
March 31, 2015 Opinion or Order Filing 8 MOTION for Extension of Time to File Answer or other Responsive Pleading by United States Internal Revenue Service. (Attachments: #1 Supplement Proposed Order)(Josey, Stephen)Attorney Stephen Andrew Josey added to party United States Internal Revenue Service(pty:dft) (sjt).
March 20, 2015 Opinion or Order Filing 7 NOTICE of Party With Financial Interest by Smart-Tek Services, Inc. re #1 Complaint, (Shamoun, Ronson) (rlu).
March 20, 2015 Opinion or Order Filing 6 NOTICE OF RELATED CASE(S) by Smart-Tek Services, Inc. of case(s) 15-cv-447-BTM-JMA; 15-cv-455-H-BGS; 15-cv-453-JLS-RBB; 15-cv-0452-H-NLS re #1 Complaint, . (Shamoun, Ronson) prepared proposed low number order on 3/23/2015 (rlu).
March 9, 2015 Opinion or Order Filing 5 SUMMONS Returned Executed by Smart-Tek Services, Inc.. United States Internal Revenue Service served. (Shamoun, Ronson) (sjt).
March 9, 2015 Opinion or Order Filing 4 SUMMONS Returned Executed by Smart-Tek Services, Inc.. United States Internal Revenue Service served. (Shamoun, Ronson) (sjt).
March 3, 2015 Opinion or Order Filing 3 SUMMONS RETURNED EXECUTED by Smart-Tek Services, Inc. re #1 Complaint, (Shamoun, Ronson) Modified to correct event on 3/4/2015 (sjt).
February 27, 2015 Opinion or Order 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. (nbp)(jrd)
February 27, 2015 Opinion or Order Filing 1 COMPLAINT Against United States Internal Revenue Service (Filing fee $ 400 receipt number 0974-7847590.), filed by Smart-Tek Services, Inc.. (Attachments: #1 Civil Cover Sheet)The new case number is 3:15-cv-00449-L-NLS. Judge M. James Lorenz and Magistrate Judge Nita L. Stormes are assigned to the case. (Shamoun, Ronson)(nbp)(jrd)

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Plaintiff: Smart-Tek Services, Inc.
Represented By: Dick A Semerdjian
Represented By: Owen M. Praskievicz
Represented By: Ronson J. Shamoun
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Defendant: United States Internal Revenue Service
Represented By: Ryan O. McMonagle
Represented By: U S Attorney CV
Represented By: Stephen Andrew Josey
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