BARNETT v. USA
| SHELBY BARNETT |
| USA |
| 1:2023cv01558 |
| September 11, 2023 |
| United States Federal Claims Court |
| Elaine D Kaplan |
| Civilian Pay - FLSA |
| 28 U.S.C. § 1491 Tucker Act |
| None |
Docket Report
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This docket was last retrieved on September 11, 2023. A more recent docket listing may be available from PACER.
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| Filing 40 NOTICE of Designation of Electronic Case. (hw1) |
| Filing 39 Notice of Random Assignment Pursuant to Rule 40.1(a) to Chief Judge Elaine D. Kaplan. (hw1) |
| Filing 38 There has been filed this day, on behalf of the parties, the record as transferred from the United States District Court for the Western District of Missouri Western Division (Kansas City), Case No.4:21-cv-00798. Original File consisting of the entire case file transferred electronically via the CMECF Inter District Case Transfers. Transfer Complaint due by 10/10/2023. (Attachments: #1 Instructions for cases transferred from other district courts pursuant RCFC3.1) (hw1) |
| Filing 37 CASE TRANSFERRED IN from District of Missouri Western. Case number 4:21-cv-00798. Original file, certified copy of transfer order and docket sheet received. |
| Case electronically transferred to District of United States Court of Federal Claims. This is a TEXT ONLY ENTRY. No document is attached. (Kern, Kendra) Modified on 5/19/2023 to correct docket text only. (Kern, Kendra) [Transferred from Missouri Western on 9/11/2023.] |
Filing 36
Upon review of the record, it is hereby ORDERED that: (1) this case is transferred to the United States Court of Federal Claims; and (2) Defendant United States Internal Revenue Services's Motion to Require Amended Complaint or, in the Alternative, to Transfer Case (Doc. #34) is DENIED AS MOOT. The Clerk of this Court shall affect the transfer to the United States Court of Federal Claims upon the entry of this Order. Signed on 5/8/2023 by District Judge Stephen R. Bough. (Richard, Tracey) Modified on 5/9/2023 to reflect a certified copy of the Order, docket sheet, and amended complaint were mailed to United States Court of Federal Claims Howard T. Markey National Courts Building 717 Madison Place, NW Washington, DC 20439 (Woods, Gloria). [Transferred from Missouri Western on 9/11/2023.]
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| Filing 35 AMENDED COMPLAINT against United States Internal Revenue Service filed by Phillip M. Murphy, II on behalf of Shelby Barnett.(Murphy, Phillip) [Transferred from Missouri Western on 9/11/2023.] |
| Filing 34 MOTION for order to require an amended pleading or, in the alternative, to transfer the case to the Court of Federal Claims or, in the alternative,, MOTION to dismiss for lack of jurisdiction filed by Jeffrey P. Ray on behalf of United States Internal Revenue Service. Suggestions in opposition/response due by 5/4/2023 unless otherwise directed by the court. (Ray, Jeffrey) [Transferred from Missouri Western on 9/11/2023.] |
| Filing 33 Mediation and Assessment Program Reminder: Your post-mediation status report is due within 10 calendar days after the mediation. See MAP FAQs on Court's website for specifics and submit report(s) to: map@mow.uscourts.gov. (Ellis, Lindsey) [Transferred from Missouri Western on 9/11/2023.] |
| Filing 32 DESIGNATION OF MEDIATOR naming Joe Knittig(Murphy, Phillip) [Transferred from Missouri Western on 9/11/2023.] |
| Filing 31 Before this Court is Plaintiff's Renewed Motion to Substitute Party (Doc. #28). For good cause stated and with the consent of the defendant, the Motion is granted and Shelby Barnett is substituted as the plaintiff. Signed on 2/23/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey) [Transferred from Missouri Western on 9/11/2023.] |
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Filing 30
SCHEDULING ORDER: Discovery due by 9/1/2023. Dispositive Motions due by 10/1/2023. Pretrial Conference set for 1/26/2024 at 10:00 AM Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Jury Trial set for 2/26/2024 at 9:00 AM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Signed on 2/23/2023 by District Judge Stephen R. Bough. (Richard, Tracey) [Transferred from Missouri Western on 9/11/2023.]
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| Filing 29 Minute Entry. Proceedings held before District Judge Stephen R. Bough: SCHEDULING CONFERENCE held on 2/23/2023. Order to be entered. Counsel appearing for Plaintiff(s): Phillip Murphy. Counsel appearing for Defendant(s): Jeffrey Ray. Time in court: 11:00 a.m. to 11:05 a.m. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey) [Transferred from Missouri Western on 9/11/2023.] |
| Filing 28 MOTION to substitute party filed by Phillip M. Murphy, II on behalf of Jamie Barnett. Suggestions in opposition/response due by 3/8/2023 unless otherwise directed by the court. (Murphy, Phillip) [Transferred from Missouri Western on 9/11/2023.] |
| Filing 27 Amended PROPOSED SCHEDULING ORDER by Jamie Barnett. (Murphy, Phillip) [Transferred from Missouri Western on 9/11/2023.] |
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Filing 26
NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Scheduling Conference set for 2/23/2023 at 11:00 AM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. It is hereby ORDERED that the parties are to file a joint proposed scheduling order on or before February 15, 2023. Signed on 1/27/2023 by District Judge Stephen R. Bough.(Richard, Tracey) [Transferred from Missouri Western on 9/11/2023.]
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| NOTICE OF HEARING CANCELLATION - The Jury Trial scheduled for 1/30/2023 has been cancelled. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey) [Transferred from Missouri Western on 9/11/2023.] |
| Filing 25 Before the Court is Defendant's Motion to Dismiss or, in the Alternative, for Summary Judgment. (Doc. #18.) Upon review of the record, the motion is DENIED WITHOUT PREJUDICE. Signed on 1/6/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey) [Transferred from Missouri Western on 9/11/2023.] |
| NOTICE OF HEARING CANCELLATION - The Pretrial Conference scheduled for 1/13/2023 at 11:00 a.m. has been cancelled. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey) [Transferred from Missouri Western on 9/11/2023.] |
| Filing 24 SUGGESTIONS in opposition to motion for summary judgment re #18 MOTION to dismiss case or, in the alternative, MOTION for summary judgment (with supporting suggestions incorporated) filed by Phillip M. Murphy, II on behalf of Plaintiff Jamie Barnett. Reply suggestions due by 12/29/2022 unless otherwise directed by the court. (Attachments: #1 Exhibit Exhibit A, Pay Stubs, #2 Exhibit Exhibit B, Docket Entry)(Related document(s) #18 ) (Murphy, Phillip) [Transferred from Missouri Western on 9/11/2023.] |
| Filing 23 AMENDED NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. The Pretrial Conference previously set for 12/16/2022 is RESET for 1/13/2023 at 11:00 AM Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. (Richard, Tracey) [Transferred from Missouri Western on 9/11/2023.] |
| Filing 22 Before the Court is Plaintiff's Motion to Stay Briefing on Defendant's Motion to Dismiss and/or For Summary Judgment Pending the Outcome of the Circuit Court's Hearing. (Doc. #21.) For good cause shown, the motion is GRANTED. The deadline for Plaintiff to file a response to Defendant's Motion to Dismiss or, in the Alternative, for Summary Judgment, is on or before December 15, 2022. Signed on 10/20/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey) [Transferred from Missouri Western on 9/11/2023.] |
| Filing 21 MOTION to stay filed by Phillip M. Murphy, II on behalf of Jamie Barnett. Suggestions in opposition/response due by 10/31/2022 unless otherwise directed by the court. (Murphy, Phillip) [Transferred from Missouri Western on 9/11/2023.] |
| Filing 20 Before the Court is Plaintiff's Unopposed Motion for Extension of Time to File Suggestions in Opposition to Defendants' Motion to Dismiss and/or For Summary Judgment. (Doc. #19.) For good cause shown, the motion is GRANTED. Plaintiff shall file his suggestions in opposition on or before October 17, 2022. Signed on 9/1/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey) [Transferred from Missouri Western on 9/11/2023.] |
| Filing 19 MOTION for extension of time to file response/reply filed by Phillip M. Murphy, II on behalf of Jamie Barnett. Suggestions in opposition/response due by 9/15/2022 unless otherwise directed by the court. (Murphy, Phillip) [Transferred from Missouri Western on 9/11/2023.] |
| Filing 18 MOTION to dismiss case or, in the alternative,, MOTION for summary judgment (with supporting suggestions incorporated) filed by Jeffrey P. Ray on behalf of United States Internal Revenue Service. Suggestions in opposition/response due by 12/15/2022 unless otherwise directed by the court. Suggestions in opposition/response due by 12/15/2022 unless otherwise directed by the court. (Attachments: #1 Exhibit A)(Ray, Jeffrey) Modified on 10/20/2022 to reflect the correct response date per doc. #22 (Richard, Tracey). [Transferred from Missouri Western on 9/11/2023.] |
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Filing 17
At the scheduling conference the parties discussed the status of the state court proceedings regarding letters of testamentary appointing a representative daughter. Until the state court issues an order, the Motion to Substitute Party (Doc. #7) is denied without prejudice. As for the Motion for Default Judgment (Doc. #10), also discussed at the scheduling conference, plaintiff's counsel concedes in the Motion to Substitute Party that he doesn't have a proper plaintiff. As such, the Motion for Default Judgment (Doc. #10) is also denied without prejudice. Signed on 1/13/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey) [Transferred from Missouri Western on 9/11/2023.]
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| Filing 16 RULES OF JURY TRIAL. Signed on 1/5/2022 by District Judge Stephen R. Bough. (Richard, Tracey) [Transferred from Missouri Western on 9/11/2023.] |
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Filing 15
SCHEDULING ORDER: Discovery due by 8/1/2022. Dispositive Motions due by 9/1/2022. Pretrial Conference set for 12/16/2022 at 10:30 AM Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Jury Trial set for 1/30/2023 at 9:00 AM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Signed on 1/5/2022 by District Judge Stephen R. Bough. (Richard, Tracey) [Transferred from Missouri Western on 9/11/2023.]
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| Filing 14 Minute Entry. Proceedings held before District Judge Stephen R. Bough: SCHEDULING CONFERENCE held on 1/5/2022. Scheduling Order to be entered. Counsel appearing for Plaintiff(s): Phillip Murphy. Counsel appearing for Defendant(s): Jeffrey Ray. Time in court: 9:48 a.m. to 9:56 a.m. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey) [Transferred from Missouri Western on 9/11/2023.] |
| NOTICE of filing: Mediation and Assessment Program Reminder: Your post-mediation status report is due within 10 calendar days after the mediation. See MAP FAQs on Court's website for specifics and submit report(s) to: map@mow.uscourts.gov. (ADI, MAP) [Transferred from Missouri Western on 9/11/2023.] |
| Filing 13 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Phillip M. Murphy, II on behalf of Plaintiff Jamie Barnett.(Murphy, Phillip) [Transferred from Missouri Western on 9/11/2023.] |
| Filing 12 DESIGNATION OF MEDIATOR naming Joe Eischens or Michelle Minor(Murphy, Phillip) [Transferred from Missouri Western on 9/11/2023.] |
| Filing 11 PROPOSED SCHEDULING ORDER by Jamie Barnett. (Murphy, Phillip) [Transferred from Missouri Western on 9/11/2023.] |
| Filing 10 MOTION for default judgment filed by Phillip M. Murphy, II on behalf of Jamie Barnett. Suggestions in opposition/response due by 1/18/2022 unless otherwise directed by the court. (Murphy, Phillip) [Transferred from Missouri Western on 9/11/2023.] |
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Filing 9
Before the Court is Defendant's Response to Motion to Substitute and Second Motion to Enlarge Answer Date. (Doc. #8.) Upon review, the motion is GRANTED. Defendant shall file its answer or other responsive pleading within fourteen (14) days after the Court orders a substitution of parties in this case. Signed on 1/3/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey) [Transferred from Missouri Western on 9/11/2023.]
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| Filing 8 Second MOTION for extension of time to file answer and Response to Motion to Substitute Party-Plaintiff [Doc. 7] filed by Jeffrey P. Ray on behalf of United States Internal Revenue Service. Suggestions in opposition/response due by 1/18/2022 unless otherwise directed by the court. (Ray, Jeffrey) [Transferred from Missouri Western on 9/11/2023.] |
| Filing 7 MOTION to substitute party AND SUGGESTIONS IN SUPPORT THEREOF filed by Phillip M. Murphy, II on behalf of Jamie Barnett. Suggestions in opposition/response due by 1/12/2022 unless otherwise directed by the court. (Murphy, Phillip) [Transferred from Missouri Western on 9/11/2023.] |
| Filing 6 SUGGESTION OF DEATH by Jamie Barnett. (Murphy, Phillip) [Transferred from Missouri Western on 9/11/2023.] |
| Filing 5 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Woods, Gloria) [Transferred from Missouri Western on 9/11/2023.] |
| Filing 4 Before the Court is Defendant's Motion to Enlarge Answer Date. (Doc. #3.) For good cause stated, the motion is GRANTED. Defendant may file its answer or otherwise respond to the complaint on or before December 30, 2021. Signed on 11/29/2021 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey) [Transferred from Missouri Western on 9/11/2023.] |
| Filing 3 MOTION for extension of time to file answer to Petition [Doc. 1, Ex, 1] filed by Jeffrey P. Ray on behalf of United States Internal Revenue Service. Suggestions in opposition/response due by 12/8/2021 unless otherwise directed by the court. (Ray, Jeffrey) [Transferred from Missouri Western on 9/11/2023.] |
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Filing 2
RULE 16 NOTICE. Proposed scheduling order due by 12/22/2021. Scheduling Conference set for 1/5/2022 at 10:00 AM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Signed on 11/9/2021 by District Judge Stephen R. Bough. (Richard, Tracey) [Transferred from Missouri Western on 9/11/2023.]
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| Filing 1 NOTICE OF REMOVAL from Circuit Court of Jackson County, case number 2116-CV05321, filed by Jeffrey P. Ray. Filing fee waived. (Attachments: #1 Exhibit A [State court petition], #2 Exhibit B [State court docket], #3 Civil Cover Sheet)(Ray, Jeffrey) [Transferred from Missouri Western on 9/11/2023.] |
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| Plaintiff: SHELBY BARNETT | |
| Represented By: | Phillip Micheal Murphy, II |
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| Defendant: USA | |
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