USA v. Edwin H. Zimmerman, et al
| ESTHER ZIMMERMAN |
| UNITED STATES OF AMERICA |
| EDWIN H. ZIMMERMAN, IN HIS PERSONAL CAPACITY AND AS TRUSTEE O THE SUNNY SIDE FAMILY TRUST, THE WEMER TRUST, AND THE HINKLEVILLE HOLDINGS TRUST and WILMER N. ZIMMERMAN |
| DOUG MCCONKEY, RUTH ANN BURKHOLDER, KEYSTONE CONCRETE PRODUCTS INC, LINDA KING, PENNSYLVANIA DEPARTMENT OF REVENUE, THOMAS J. REEVE, ERLA SEIBEL, PHILLIP WOLLMAN, HINKLEVILLE HOLDINGS TRUST, HAROLD MILLER, SUNNY SIDE FAMILY TRUST, WEMER FAMILY TRUST and EDWIN N. ZIMMERMAN, JR. |
| 22-2192 |
| June 30, 2022 |
| U.S. Court of Appeals, Third Circuit |
| Tax Suits |
Docket Report
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| Filing 22 ECF FILER: Response filed by Appellee USA in 22-1730, 22-2192 to for stay. Certificate of Service dated 08/23/2022. [22-1730, 22-2192] (KEL) [Entered: 08/23/2022 03:39 PM] |
| Filing 21 ECF FILER: Motion filed by Appellants to Stay of Sale Proceeding In Order To Preserve Appellate Jurisdiction. Certificate of Service dated 08/18/2022. Service made by Email. [22-2192, 22-1730]--[Edited 08/19/2022 by ARR] (EHZ) [Entered: 08/18/2022 06:01 PM] |
Filing 20
ORDER (Clerk) The Court's Order of August 9, 2022, granted Appellants' request to vacate expedited briefing in the appeal and granted an extension of time to file Appellants' brief and appendix until September 15, 2022. Accordingly, Appellee's brief must be filed and served within thirty (30) days of the date of service of Appellants' brief and appendix. Appellants' reply brief, if any, must be filed and served within twenty-one (21) days of the date of service of Appellee's brief, [22-1730, 22-2192] (ARR) [Entered: 08/09/2022 04:35 PM]
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Filing 19
ORDER (CHAGARES, Chief Judge, and SHWARTZ, Circuit Judges) granting unopposed motion by Appellants construed as Motion for Reconsideration of the Court's August 3, 2022 Order to the extent it granted expedited briefing in the appeal, and for an extension of time to file Appellants' brief and appendix until September 15, 2022. The Clerk is hereby directed to issue a schedule for deadlines to file the response and reply briefs. Panel No.: ECO-049. Chagares, Chief Judge, Authoring Judge. [22-1730, 22-2192] (ARR) [Entered: 08/09/2022 03:46 PM]
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Filing 18
ORDER (Clerk) The foregoing Letter from Pro Se Appellee Mr. Doug McConkey and any response thereto are referred to the merits panel. [22-1730, 22-2192] (ARR) [Entered: 08/08/2022 11:54 AM]
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Filing 17
ORDER (Clerk) The foregoing motion by Appellants to modify scheduling order is construed as a motion for reconsideration of the Court's August 3, 2022 Order to the extent it granted expedited briefing in the appeal, and for an extension of time to file Appellants' brief and appendix until September 15, 2022. So construed, the motion and response are referred to a motions panel. The briefing deadlines are hereby stayed pending disposition of the motion for reconsideration by the Court. [22-1730, 22-2192] (ARR) [Entered: 08/08/2022 10:45 AM]
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| Filing 16 LETTER from Appellee Mr. Doug McConkey rquesting that the Court include language in the Order of Sale requiring the United States to advise as to whether or not anything is left over after paying it's liens,to revise the judgment so Appellee receives at least a portion of what Mr Zimmerman has not paid. Service made on 08/05/2022 by ECF. SEND TO MERITS PANEL. [22-1730, 22-2192]--[Edited 08/08/2022 by ARR] (DW) [Entered: 08/05/2022 04:31 PM] |
| Filing 15 ECF FILER: Response filed by Appellee USA in 22-1730, 22-2192 to to modify briefing schedule. Certificate of Service dated 08/05/2022. [22-1730, 22-2192] (KEL) [Entered: 08/05/2022 03:27 PM] |
| Filing 14 ECF FILER: Motion filed by Appellant Edwin H. Zimmerman in 22-2192, 22-1730 to modify briefing schedule, construed as Motion for Reconsideration of the Court's August 3, 2022 Order to the extent it granted expedited briefing in this appeal, and for an extension of time to file Appellants' brief and appendix until September 15, 2022. Certificate of Service dated 08/05/2022. Service made by Email. [22-2192, 22-1730]--[Edited 08/08/2022 by ARR to correct relief and docket text.] (EHZ) [Entered: 08/05/2022 12:58 PM] |
| Filing 13 RETURNED MAIL. U.S. Postal Service returned letter [ # 8 ] sent to Appellee Harold Miller. Mail was returned because Vacant unable to forward. No forwarding address is available. (CLW) [Entered: 08/04/2022 03:53 PM] |
| Filing 12 ECF FILER: ENTRY OF APPEARANCE from Kathleen E. Lyon (lead counsel) on behalf of Appellee(s) United States of America. [22-1730, 22-2192] (KEL) [Entered: 08/03/2022 04:55 PM] |
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Filing 11
ORDER (CHAGARES and SHWARTZ, Circuit Judges) Appellants' motion seeking a stay of the District Court's judgment is denied, see In re Revel AC, Inc., 802 F.3d 558, 568 (3d Cir. 2015), and Appellants' request to expedite this matter is granted. The briefing schedule is amended as follows. The brief for Appellants and the joint appendix shall be filed and served seven days from the date of this order. The brief for Appellee shall be filed and served within 15 days of service of Appellants' brief. A reply brief, if any, shall be filed and served within seven days of service of Appellee's brief. The provisions of the schedule are otherwise unchanged. . Panel No.: ELD-016. SHWARTZ, Authoring Judge. [22-1730, 22-2192] (DW) [Entered: 08/03/2022 12:51 PM]
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| Filing 10 ECF FILER: Reply by Appellant Edwin H. Zimmerman in 22-2192, 22-1730 to to Expedite,. Certificate of Service dated 07/28/2022. Service made by Email [22-2192, 22-1730] (EHZ) [Entered: 07/28/2022 05:45 PM] |
| Filing 9 ECF FILER: Response filed by Appellee USA in Opposition to the Appellants' Motion for a Stay Pending Appeal or Expedited Consideration. Certificate of Service dated 07/22/2022. [22-1730, 22-2192]--[Edited 07/22/2022 by ARR to correct docket text] (DCR) [Entered: 07/22/2022 12:45 PM] |
| Filing 8 FOLLOW UP LETTER to Lowell H. Becraft, Jr., Esq. for Esther Zimmerman, Wemer Family Trust, Sunny Side Family Trust and Edwin N. Zimmerman, Jr. requesting the following document(s): Appearance Form on or before 08/03/2022. Disclosure Statement on or before 08/03/2022; and Mr. Doug McConkey and Harold Miller requesting the following document(s): Participation Statement for Pro Se Appellee on or before 08/03/2022. (ARR) [Entered: 07/20/2022 10:23 AM] |
| Filing 7 BRIEFING NOTICE ISSUED. Brief on behalf of Appellants Edwin H. Zimmerman and Wilmer N. Zimmerman due on or before 08/22/2022. Appendix due on or before 08/22/2022. [22-1730, 22-2192] (ARR) [Entered: 07/13/2022 02:00 PM] |
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Filing 6
ORDER (Clerk) The foregoing Motion filed by Appellant Edwin H. Zimmerman to Vacate the Injunctions within the Sale Order, if not Vacate the Sale Order Entirely, and to Stay the Execution of the District Court's Judgment Pending this Appeal, and for Expedited Briefing is referred to a motions panel. Appellees are directed to file a response to the motion on or before July 22, 2022. Appellants may file a reply within seven (7) days of the date of service of Appellees' response. The Clerk will issue a briefing schedule forthwith. Should the Court grant the request to expedite, the Court will specify any modification to the current schedule. [22-1730, 22-2192] (ARR) [Entered: 07/13/2022 01:55 PM]
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| Filing 4 ECF FILER: Motion filed by Appellant Edwin H. Zimmerman to Vacate the Injunctions within the Sale Order, if not Vacate the Sale Order Entirely, and to Stay the Execution of the District Court's Judgment Pending this Appeal, and for Expedited Briefing. Certificate of Service dated 07/12/2022. Service made by Email. [22-1730 and 22-2192]--[Edited 07/12/2022 by ARR to correct relief and docket text, and to spread to related appeal.] (EHZ) [Entered: 07/12/2022 01:58 PM] |
| Filing 5 CLERK ORDER advising that case No. 22-1730 will not be submitted for possible dismissal due to a jurisdictional defect. The appeals at C.A. Nos. 21-1730 and 22-2192 are hereby consolidated for all purposes. A briefing schedule will be issued. In their briefs, the parties should address all of the issues they wish to raise in both appeals. [SEE ORDER FOR FULL TEXT]--[Edited 07/12/2022 by ARR to spread order to consolidated case.] (SH) [Entered: 07/08/2022 04:08 PM] |
| Filing 3 ECF FILER: ENTRY OF APPEARANCE from Douglas C. Rennie (lead counsel) on behalf of Appellee(s) United States of America. [22-2192] (DCR) [Entered: 07/06/2022 02:59 PM] |
| Filing 2 RECORD available on District Court CM/ECF. (ARR) [Entered: 06/30/2022 01:33 PM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellants Edwin H. Zimmerman and Wilmer N. Zimmerman in District Court No. 5-18-cv-04875. (ARR) [Entered: 06/30/2022 01:09 PM] |
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