United States of America v. Fink
Plaintiff: United States of America
Defendant: Fink
Respondent: John A. Fink
Case Number: 3:2017cv00641
Filed: March 29, 2017
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
2 Judge: Linda xLopez
Nature of Suit: Taxes
Cause of Action: 26 U.S.C. § 7402 IRS: Jurisdiction of District Courts
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 29, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 29, 2018 Opinion or Order Filing 28 ORDER OF TRANSFER. This case is transferred from the calendar of the Honorable Magistrate Judge Jan M. Adler, to the calendar of the Honorable Linda Lopez for all further proceedings. All conferences or hearing dates previously set before Judge Adler will remain as scheduled and will be before Judge Lopez. Any dates set before any district judge remain unchanged. The new case number is 17-cv-00641-BTM-LL. Signed by Magistrate Judge Barbara Lynn Major on 10/29/2018.(sjm)
September 6, 2018 Opinion or Order Filing 27 ORDER Discharging Order to Show Cause re #13 Order to Show Cause. Signed by Judge Barry Ted Moskowitz on 9/6/2018.(sjm)
June 12, 2018 Filing 26 NOTICE of Compliance with IRS Summonses by United States of America (Attachments: #1 Proof of Service)(Gardner, Leslie)Attorney Leslie Marie Gardner added to party United States of America(pty:pet)(mxn).
April 24, 2018 Filing 23 FINANCIAL AFFIDAVIT - CJA 23 by John A. Fink. (mxn)
April 23, 2018 Filing 25 Abstract of Order releasing John A. Fink re 24 . (mxn)
April 23, 2018 Filing 24 Minute Entry for proceedings held before Judge Barry Ted Moskowitz: Status Hearing held on 4/23/2018. Oral motion for release from contempt - Granted; he defendant is ordered released from the custody of the U.S. Marshal; The defendant is ordered to meet with the IRS and comply with the IRS Summons on 05/02/2018 at 10:00am at 1 Civic Center Drive, Suite 400, San Marcos, CA 92069 (Court Reporter/ECR James Pence). (Plaintiff Attorney Caroline Clark Prime, AUSA). (Defendant Attorney Benjamin Kington, CJA). (no document attached) (rfm)
April 23, 2018 Opinion or Order Filing 22 ORDER Releasing Respondent from Custody and Requiring Him to Appear Before the IRS to Fully Comply with the Summonses. Signed by Judge Barry Ted Moskowitz on 4/23/2018.(mxn)
April 17, 2018 Filing 21 WARRANT RETURNED EXECUTED as to John A. Fink. (mxn)
April 16, 2018 Filing 20 Minute Entry for proceedings held before Magistrate Judge Andrew G. Schopler: Status Hearing re Initial Appearance as to John A. Fink held on 4/16/2018. Attorney Benjamin B. Kington(n/a) provisionally appointed for John A. Fink. Bond set as to John A. Fink (1) No Bail. Defendant to remain in custody until hearing before Judge Barry Ted Moskowitz. Status Hearing set for 4/23/2018 at 10:30 AM before Judge Barry Ted Moskowitz. Financial Affidavit due by next court appearance on 4/23/2018(CD# 4/16/2018 AGS 18-11:10-11:24). (Plaintiff Attorney Davis Loop, AUSA). (Defendant Attorney Eric Fish, FD-S/A). (no document attached) (ag)
April 16, 2018 Filing 19 NOTICE of Hearing: Set/Reset Duty Hearings as to John A. Fink: Status Hearing set for 04/16/2018 before Magistrate Judge Andrew G. Schopler. (no document attached) (dxj)
March 7, 2018 Filing 18 ARREST WARRANT issued as to John A. Fink. (mxn)
December 15, 2017 Filing 17 Minute Order. for proceedings held before Judge Barry Ted Moskowitz:Show Cause Hearing held on 12/15/2017. Defendant John A. Fink not appearing; Granting #7 Motion for Contempt; Motion Hearing held on 12/15/2017 re #7 MOTION for Contempt filed by United States of America; Bench Warrant issued for John A. Fink to be brought to Court to answer Order to Show Cause. (Court Reporter/ECR James Pence). (Plaintiff Attorney Leslie Gardner, AUSA).(Defendant Attorney Not Appearing). (no document attached) (rfm)
December 13, 2017 Filing 16 CERTIFICATE OF SERVICE by United States of America re #13 Order to Show Cause (Prime, Caroline)(mxn).
December 13, 2017 Filing 15 CERTIFICATE OF SERVICE by United States of America re #13 Order to Show Cause (Prime, Caroline)(mxn).
December 4, 2017 Opinion or Order Filing 13 ORDER TO SHOW CAUSE Re Contempt of Order Enforcing Summonses. Order to Show Cause Hearing set for 12/15/2017 at 11:00 AM in Courtroom 15B before Judge Barry Ted Moskowitz. Signed by Judge Barry Ted Moskowitz on 12/4/2017.(mxn)
December 1, 2017 Filing 14 Minute Entry for proceedings held before Judge Barry Ted Moskowitz: Show Cause Hearing held on 12/1/2017. Order to follow. (Court Reporter/ECR James Pence). (Plaintiff Attorney Leslie Gardner, AUSA). (Defendant Attorney Not Appearing). (no document attached) (rfm)
November 13, 2017 Filing 12 CERTIFICATE OF SERVICE by United States of America re #11 Order to Show Cause (Prime, Caroline)(mxn).
November 13, 2017 Opinion or Order Filing 11 ORDER TO SHOW CAUSE Re Contempt of Order Enforcing Summonses. Signed by Judge Barry Ted Moskowitz on 11/13/2017.(mxn)
October 27, 2017 Filing 10 Minute Entry for proceedings held before Judge Barry Ted Moskowitz: Motion Hearing held on 10/27/2017 re #7 MOTION for Contempt filed by United States of America The defendant is ordered to comply with the summons on or before 11/13/2017 for all of the documents readily available, with the balance of the summons documents by 11/27/2017. Motion Hearing continued to 12/1/2017 02:00 PM in Courtroom 15B before Judge Barry Ted Moskowitz.(Court Reporter/ECR James Pence). (Plaintiff Attorney Leslie Gardner, AUSA). (Defendant Attorney John Fink, Pro Se). (no document attached) (rfm)
October 5, 2017 Filing 9 CERTIFICATE OF SERVICE for Order to Show Cause re Contempt of Order Enforcing Summonses and US Motion for Contempt served on John A. Fink on October 4, 2017, filed by United States of America. (Gardner, Leslie) Modified title on 10/6/2017 (mxn).
September 13, 2017 Opinion or Order Filing 8 ORDER TO SHOW CAUSE Re Contempt of Order Enforcing Summonses. It is hereby ordered that Respondent appear before United States Judge Barry Ted Moskowitz, in Courtroom 15B on 10/27/2017 at 2:00 p.m., to show cause why he should not be held in contempt for his failure to fully comply with this Court's 6/19/2017 Order enforcing the IRS summonses served upon him. If Respondent has any defense to present or opposition to the United States' Motion for Contempt, such defense or opposition shall be made in writing and filed with the Clerk and copies served on counsel for the United States, on or before 10/20/2017. Respondent is hereby notified that failure to comply with this Order may subject him to sanctions for contempt of court. Signed by Judge Barry Ted Moskowitz on 9/13/2017.(mxn)
September 6, 2017 Filing 7 MOTION for Contempt by United States of America. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Revenue Officer W. Wooldridge, #3 Proof of Service)(Prime, Caroline)(mxn).
June 21, 2017 Filing 6 CERTIFICATE OF SERVICE by United States of America re #5 Order (Prime, Caroline) (rlu).
June 19, 2017 Opinion or Order Filing 5 ORDER Granting Petition to Enforce Internal Revenue Service Summonses. Signed by Judge Barry Ted Moskowitz on 6/19/2017. (fth)
June 2, 2017 Filing 4 Minute Entry for proceedings held before Judge Barry Ted Moskowitz: Show Cause Hearing held on 6/2/2017. Petition granted the defendant is to produce the documents requested within 45 of 06/02/17. Order to follow. (Court Reporter/ECR James Pence). (Plaintiff Attorney Leslie Gardner, AUSA). (Defendant Attorney John A. Fink, Pro Se). (no document attached) (rfm)
April 11, 2017 Filing 3 CERTIFICATE OF SERVICE by United States of America re #2 Order to Show Cause, #1 Petition, (Prime, Caroline) (rlu).
April 3, 2017 Opinion or Order Filing 2 ORDER TO SHOW CAUSE Re: Enforcement of Internal Revenue Service Summonses. It is hereby Ordered that Respondent appear before the United States District Court for the Southern District of California, in Courtroom 15B, on 6/2/2017 at 2:00 PM before Judge Barry Ted Moskowitz. Signed by Judge Barry Ted Moskowitz on 4/3/2017.(rlu)
March 29, 2017 Filing 1 PETITION TO ENFORCE INTERNAL REVENUE SERVICE SUMMONSES against John A. Fink, Fee Waived, filed by United States of America. (Attachments: #1 Civil Cover Sheet, #2 Declaration of IRS Revenue Officer W. Wooldridge)The new case number is 3:17-cv-641-BTM-JMA. Judge Barry Ted Moskowitz and Magistrate Judge Jan M. Adler are assigned to the case. (Prime, Caroline)(mxn) (jao).

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Defendant: Fink
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Plaintiff: United States of America
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Respondent: John A. Fink
Represented By: Benjamin B. Kington
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