McEachern v. McEachern et al
Plaintiff: Catherine Lynne McEachern
Defendant: John Nelson McEachern and United States of America
Case Number: 2:2023cv00877
Filed: October 12, 2023
Court: US District Court for the Middle District of Florida
Presiding Judge: John L Badalamenti
Referring Judge: Kyle C Dudek
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. § 2410 Actions affecting property which US had lien
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 5, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 5, 2023 Opinion or Order Filing 19 ORDER granting #9 Motion to Remand. If no objections are filed within 14 days of this order, which is the time allotted under Fed. R. Civ. P. 72, the Clerk is directed to remand this case to state court by transmitting a certified copy of this Order to the clerk of court for the Twentieth Judicial Circuit in and for Lee County, Florida. Following remand, the Clerk is directed to deny any pending motions, terminate all deadlines, and close the case. If objections are timely filed, the Clerk is directed to hold disposition until ordered by the District Judge. Signed by Magistrate Judge Kyle C. Dudek on 12/5/2023. (Dudek, Kyle)
November 30, 2023 Opinion or Order Filing 18 ENDORSED ORDER granting #17 Motion for Extension of Time. Given the motion is unopposed, and the Court otherwise finding good cause, the deadline for the United States to respond to the complaint is extended to seven days after the ruling on the motion to remand. Signed by Magistrate Judge Kyle C. Dudek on 11/30/2023. (BLW)
November 30, 2023 Opinion or Order Filing 17 Unopposed MOTION for Extension of Time to File Answer re #1 Notice of Removal 11 Order on Motion for Extension of Time to Answer, #3 Complaint (Second Motion) by United States of America. (Sheer, Margaret) Motions referred to Magistrate Judge Kyle C. Dudek.
November 9, 2023 Opinion or Order Filing 16 RESPONSE in Opposition re #9 MOTION to Remand to State Court (Supplemental Brief) filed by United States of America. (Sheer, Margaret) Modified on 11/13/2023 to edit docket text (JDR).
November 6, 2023 Opinion or Order Filing 15 MEMORANDUM in support re #9 Motion to Remand to State Court, #14 Order filed by Catherine Lynne McEachern. (Attachments: #1 Exhibit Return of Service US Attorney, #2 Exhibit Certified Mailing to US Attorney General)(Wickersham, Christopher)
November 2, 2023 Opinion or Order Filing 14 ORDER directing supplemental briefing. This supplemental briefing is due to the Court on or before November 9,2023. See Order for further details. Signed by Magistrate Judge Kyle C. Dudek on 11/2/2023. (CGW)
October 26, 2023 Opinion or Order Filing 13 RESPONSE in Opposition re #9 MOTION to Remand to State Court filed by United States of America. (Attachments: #1 Exhibit Ex. A - File-Stamped Copy of "Notice of Filing", #2 Exhibit Ex. B - Mail Receipt, #3 Exhibit Ex. C - State Court Docket)(Sheer, Margaret)
October 26, 2023 Opinion or Order Filing 12 NOTICE of Substitution of Lead Counsel Designation by Margaret Elizabeth Sheer on behalf of United States of America. Lead Counsel: Margaret E. Sheer. (Sheer, Margaret) Modified text on 10/27/2023 (BD).
October 23, 2023 Opinion or Order Filing 11 ENDORSED ORDER granting #10 Motion for Extension of Time. Given the motion is unopposed, and the Court otherwise finding good cause, the deadline for the United States to respond to the complaint is extended to 12/4/23. Signed by Magistrate Judge Kyle C. Dudek on 10/23/2023. (Dudek, Kyle)
October 23, 2023 Opinion or Order Filing 10 Unopposed MOTION for Extension of Time to File Answer re #1 Notice of Removal #3 Complaint Nunc Pro Tunc by United States of America. (Sheer, Margaret) Motions referred to Magistrate Judge Kyle C. Dudek.
October 17, 2023 Opinion or Order Filing 9 OBJECTION to Notice of Removal and MOTION to Remand to State Court by Catherine Lynne McEachern. (Attachments: #1 Exhibit Return of Service Summons, #2 Exhibit Certified Mailing of Summons)(Wickersham, Christopher) Motions referred to Magistrate Judge Kyle C. Dudek. Modified on 10/18/2023 to edit docket text (JDR).
October 13, 2023 Opinion or Order Filing 8 CERTIFICATE of interested persons and corporate disclosure statement by United States of America. (Merino, Christopher)
October 13, 2023 Opinion or Order Filing 7 NOTICE of a related action per Local Rule 1.07(c) by United States of America. Related case(s): Yes (Merino, Christopher)
October 13, 2023 Opinion or Order Filing 6 CIVIL Action Order. Signed by All Divisional Judges on 10/13/2023. (CGW)
October 12, 2023 Opinion or Order Filing 5 NOTICE of Lead Counsel Designation by Christopher Andrew Merino on behalf of United States of America. Lead Counsel: Christopher Merino. (Merino, Christopher)
October 12, 2023 Opinion or Order Filing 4 NOTICE of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (CTR)
October 12, 2023 Opinion or Order Filing 3 COMPLAINT against John Nelson McEachern, United States of America filed by Catherine Lynne McEachern.Filed in state court 8/3/2023.(CTR) (CTR).
October 12, 2023 Opinion or Order Filing 2 NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Kyle C. Dudek. New case number: 2:23-cv-877-JLB-KCD. (ARC)
October 12, 2023 Opinion or Order Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, case number 2023- CA-009144 filed in State Court on 08/01/2023. filed by United States of America, acting on behalf of the Department of Treasury, Internal Revenue Service. (Attachments: #1 State Court COMPLAINT, #2 Exhibit Notice of Federal Tax Liens, #3 Exhibit Return of Service to USAO, #4 Civil Cover Sheet, #5 State Court Docket Sheet, #6 State Court Other Documents)(Merino, Christopher) Modified on 10/12/2023 (CTR).

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Plaintiff: Catherine Lynne McEachern
Represented By: Christopher W. Wickersham, Jr.
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Defendant: John Nelson McEachern
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Defendant: United States of America
Represented By: Margaret Elizabeth Sheer
Represented By: Christopher Andrew Merino
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