Herrick v. USA
Plaintiff: Edward D Herrick, Jr
Defendant: United States of America and USA
Case Number: 1:2023cv00298
Filed: February 1, 2023
Court: US District Court for the District of Colorado
Presiding Judge: Daniel D Domenico
Referring Judge: N Reid Neureiter
2 Judge: Susan Prose
3 Judge: Susan B Prose
Nature of Suit: Tax Suits
Cause of Action: 26 U.S.C. § 7422 IRS: Refund Taxes
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 9, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 9, 2023 Opinion or Order Filing 29 ORDER GRANTING #28 Motion for Extension of Time to Answer or Otherwise Respond. Defendant must answer or otherwise respond to the complaint on or before 12/22/2023 unless the parties file a stipulated dismissal on or before that date. SO ORDERED by Judge Daniel D. Domenico on 11/9/2023. Text Only Entry(dddlc3, )
November 7, 2023 Filing 28 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant USA. (Attachments: #1 Proposed Order)(Watson, Ryan)
September 25, 2023 Opinion or Order Filing 27 ORDER GRANTING #26 Motion for Extension of Time to Answer or Otherwise Respond. Defendant must answer or otherwise respond to the complaint on or before 11/6/2023 unless the parties file a stipulated dismissal on or before that date. SO ORDERED by Judge Daniel D. Domenico on 9/25/2023. Text Only Entry(dddlc3, )
September 22, 2023 Filing 26 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant USA. (Attachments: #1 Proposed Order)(Watson, Ryan)
July 24, 2023 Opinion or Order Filing 25 ORDER granting #24 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint. The Defendant's answer is due 9/22/2023. SO ORDERED by Judge Daniel D. Domenico on 7/24/2023. Text Only Entry(dddlc5, )
July 21, 2023 Filing 24 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant USA. (Attachments: #1 Proposed Order)(Watson, Ryan)
June 12, 2023 Opinion or Order Filing 23 MINUTE ORDER by Magistrate Judge Susan Prose on 06/12/2023. The Notice of Settlement and Motion to Vacate Case Deadlines, ECF No. #21 , is hereby GRANTED IN PART AND DENIED IN PART. The scheduling conference set for 7/5/2023 at 1:30 pm is hereby VACATED. Dismissal papers are due by 7/10/2023. Defendant's deadline to answer or otherwise respond to the complaint is hereby extended to 7/24/2023 if this case is not dismissed prior to that date. Text Only Entry(cmadr, )
June 8, 2023 Opinion or Order Filing 22 ORDER REFERRING MOTION: #21 MOTION to Vacate filed by USA. Motion referred to Magistrate Judge Susan Prose by Judge Daniel D. Domenico on 6/8/2023. Text Only Entry (dddlc5, )
June 8, 2023 Filing 21 NOTICE of Settlement and Motion to Vacate Case Deadlines by Defendant USA (Attachments: #1 Proposed Order)(Watson, Ryan) Modified on 6/8/2023 to correct event (athom, ).
May 16, 2023 Filing 20 NOTICE: All conferences and hearings scheduled in this matter before its reassignment to Magistrate Judge Susan Prose remain scheduled at the dates and times set, and will be held in person in Courtroom C-205 (Byron Rogers U.S. Courthouse, 1929 Stout Street, Denver, Colorado) before Magistrate Judge Susan Prose unless previously expressly set by telephone or video. To attend telephone conferences, the parties shall call 571-353-2301, Meeting ID- 868150043 at the scheduled time. All attendees shall please mute their phone when not speaking and not use a speaker phone. To attend video conferences, the parties shall follow the instructions attached to this Notice. Litigants and counsel whose offices are located outside of the Denver metropolitan area or who cannot reasonably make a personal appearance may appear at conferences and hearings by telephone. Please contact Chambers at (303) 335-2722 at least two business days prior to the conference or hearing to arrange appearance by telephone. (cpomm, )
May 16, 2023 Opinion or Order Filing 19 MINUTE ORDER Granting #16 Second Unopposed Motion for Extension of Time to Respond to Complaint. The defendant will respond to the complaint by 6/9/2023. By Magistrate Judge Susan Prose on 05/16/2023. Text Only Entry. (alave, )
May 15, 2023 Opinion or Order Filing 18 MINUTE ORDER by Magistrate Judge Susan Prose on 05/15/2023: This matter is before the court sua sponte. The scheduling conference set for 5/17/2023 at 11:00 am is vacated. A scheduling conference is set for 7/5/2023 at 1:30 pm. The parties shall file their proposed scheduling order and email a copy in Word format to Prose_Chambers@cod.uscourts.gov, no later than seven calendar days before the conference. At the scheduled time, counsel shall appear in person in Room C-205 of the Byron G. Rogers Courthouse. Text Only Entry. (alave, )
May 15, 2023 Opinion or Order Filing 17 ORDER REFERRING MOTION: #16 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, filed by USA. Motion referred to Magistrate Judge Susan Prose by Judge Daniel D. Domenico on 5/15/2023. Text Only Entry (dddlc5, )
May 10, 2023 Filing 16 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant USA. (Attachments: #1 Proposed Order)(Watson, Ryan)
May 8, 2023 *** Set/Reset Hearings: Status Conference set for 5/17/2023 at 11:00 AM in Courtroom C205 before Magistrate Judge Susan Prose pursuant to 15. (rvill, )
May 4, 2023 Opinion or Order Filing 15 REASSIGNING MAGISTRATE JUDGE. This action is reassigned to Magistrate Judge Susan Prose upon her appointment. All future pleadings should reference Magistrate Judge Prose at the end of the civil action number (such as 23-cv-00298-DDD-SP). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Prose in Courtroom C-205. Her chambers are located in Room C-254 of the Byron G. Rogers Courthouse. Her telephone number is 303-335-2722. (Text only entry) (agarc, )
April 28, 2023 Opinion or Order Filing 14 ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Daniel D. Domenico on 4/28/2023. Text Only Entry. (rkeec)
April 28, 2023 Filing 13 CASE REASSIGNED pursuant to #12 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Daniel D. Domenico and drawn to Magistrate Judge N. Reid Neureiter. All future pleadings should be designated as 23-cv-00298-DDD. (Text Only Entry) (cmadr, )
April 28, 2023 Filing 12 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Edward D Herrick, Jr All parties do not consent.. (Gomez, Michelle)
April 20, 2023 Opinion or Order Filing 11 Minute ORDER by Magistrate Judge N. Reid Neureiter on 20 April 2023. At the request of the parties, it is hereby ORDERED that the telephonic Status Conference set for May 16, 2023 at 9:30 a.m. is VACATED and RESET to May 17, 2023 at 11:00 a.m. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
April 13, 2023 Opinion or Order Filing 10 MINUTE ORDER. The United States of America's Unopposed Motion for Extension and Continuance (Dkt. #9 ) is GRANTED IN PART and DENIED IN PART. By Magistrate Judge N. Reid Neureiter on April 13, 2023. PLEASE READ ATTACHED MINUTE ORDER. (rvill, )
April 10, 2023 Filing 9 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, #8 Order,, by Defendant USA. (Attachments: #1 Proposed Order (PDF Only))(Watson, Ryan)
April 5, 2023 Opinion or Order Filing 8 Amended Minute ORDER by Magistrate Judge N. Reid Neureiter on 5 April 2023. This Amended Minute Order amends and supersedes the Minute Order issued on March 31, 2023 (Dkt. #7 ). It is hereby ORDERED that Plaintiff's Unopposed Motion to Extend Deadline to Submit Magistrate Consent Form and Reset Scheduling Conference (Dkt. #6 ) is GRANTED. The Status Conference set on April 13, 2023 at 10:00 a.m. is VACATED and RESET on May 16, 2023 at 9:30 a.m. The Consent/Non-Consent form is due May 2, 2023. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
March 31, 2023 Opinion or Order Filing 7 Minute ORDER by Magistrate Judge N. Reid Neureiter on 31 March 2023. It is hereby ORDERED that Plaintiff's Unopposed Motion to Extend Deadline toSubmit Magistrate Consent Form and Reset Scheduling Conference (Dkt. #6 ) isGRANTED. The Scheduling Conference set on April 13, 2023 at 10:00 a.m. isVACATED and RESET on May 16, 2023 at 9:30 a.m. The proposed Scheduling Order is Due May 9, 2023. The Consent/Non-Consent form is Due May 2, 2023.(cmadr, )
March 31, 2023 Filing 6 Unopposed MOTION for Extension of Time to Submit Magistrate Consent Form and Reset Scheduling Conference by Plaintiff Edward D Herrick, Jr. (Attachments: #1 Proposed Order (PDF Only))(Gomez, Michelle)
February 10, 2023 Filing 5 SUMMONS Returned Executed upon defendant(s) USA served on 2/8/2023, answer due 4/9/2023. (Gomez, Michelle)
February 6, 2023 Opinion or Order Filing 4 ORDER SETTING STATUS CONFERENCE AND SETTING DEADLINE FOR FILING OF CONSENT/NON-CONSENT FORM by Magistrate Judge N. Reid Neureiter on 6 February 2023. Consent Form due by 3/30/2023. Status Conference set for 4/13/2023 10:00 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. The Status Conference will be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. (cmadr, )
February 2, 2023 Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (norlin, )
February 1, 2023 Filing 2 Case assigned to Magistrate Judge N. Reid Neureiter. Text Only Entry (norlin, )
February 1, 2023 Filing 1 COMPLAINT against United States of America (Filing fee $ 402,Receipt Number ACODC-8915322)Attorney Michelle R. Gomez added to party Edward D Herrick, Jr(pty:pla), filed by Edward D Herrick, Jr. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Summons)(Gomez, Michelle)

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Plaintiff: Edward D Herrick, Jr
Represented By: Michelle R. Gomez
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Defendant: United States of America
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Defendant: USA
Represented By: Ryan S. Watson
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