NELSON v. UNITED STATES OF AMERICA
| DAVID NELSON |
| UNITED STATES OF AMERICA |
| 3:2008cv00508 |
| November 7, 2008 |
| US District Court for the Northern District of Florida |
| Taxes Office |
| Okaloosa |
| M CASEY RODGERS |
| ELIZABETH M TIMOTHY |
| None |
| U.S. Government Defendant |
| 28:1346 Recovery of IRS Tax |
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The following documents for this case are available for you to view or download:
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Filing
41
ORDER - - - 1. Plaintiff's 36 Motion for leave to file a second amended complaint is Denied. - - 2. The magistrate judge's 33 Report and Recommendation is Adopted and Incorporated by reference in this order. - - 3. Defendant USA's motion to dismiss Plaintiff's refund claims for tax years 2002 and 2006 for lack of subject matter jurisdiction 17 is Granted; in the alternative, Defendant's motion for summary judgment on these claims is Granted. - - 4. Defendant's 17 motion for summary judgment on Plaintiff's refund claims for tax years 2003, 2004, and 2007 is GRANTED. - - 5. Plaintiff's 26 motion for summary judgment is DENIED. - - 6. Judgment shall be entered in favor of Defendant. - - - Signed by District Judge M CASEY RODGERS on January 8, 2010. (cbj)
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Filing
33
REPORT AND RECOMMENDATION: It is recommended - 1. That the USA's motion to dismiss David Nelson's refund claims for tax years 2002 and 2006 for lack of subject matter jurisdiction 17 be GRANTED; in the alternative, that the USA's motion for summary judgment on these claims be GRANTED. - 2. The USA's motion for summary judgment on David Nelson's refund claims for tax years 2003, 2004, and 2007 be GRANTED. - 3. That David Nelson's motion for summ ary judgment 26 be DENIED. - 4. That judgment be entered in favor of the USA. - - R&R flag set. - - Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on December 7, 2009. Internal deadline for referral to district judge if objections are not filed earlier: 1/4/2010. (cbj)
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Filing
32
ORDER re 17 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim or, in the alternative, MOTION for Summary Judgment filed by UNITED STATES OF AMERICA, and 26 Plaintiffs motion for summary judgment - - The court has set an advisement date of August 20, 2009, for Plaintiff's motion for summary judgment (re 28 ). The parties are advised that the government's motion will likewise be treated as one for summary judgment. The parties shall have ten (10) days from the date of entry of this order in which to submit any additional evidence and argument in support of or in opposition to the merits of the government's motion. - - - ( Miscellaneous Deadline - by 12/4/2009.) - -Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on November 18, 2009. (cbj)
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Filing
31
ORDER - re Plaintiff's Reply To United States' Opposition To Plaintiff's Motion For Summary Judgment (received 8/24/2009) - The document shall be returned w/o filing. May resubmit after noted deficiency is corrected. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on August 25, 2009. (doc returned to plaintiff) (cbj)
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Filing
28
ORDER re 26 MOTION for Summary Judgment filed by DAVID NELSON - The court will take the motion under advisement on August 20, 2009. (see order image) Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on August 6, 2009. (cbj)
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Filing
25
ORDER re 17 MOTION to Dismiss Plaintiff's first amended complaint filed by UNITED STATES OF AMERICA, 20 Response to Motion filed by DAVID NELSON, and 24 Report of Rule 26(f) Planning Meeting - All discovery in this case is STAYED until further order of the court. - Set/Clear Flags (STAY DISCOVERY) Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on July 9, 2009. (cbj)
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Filing
14
ORDER (Of Deficiency) - re Plaintiff's First Amended Complaint (received by clerk on 2/23/2009) - The submitted document shall be returned to Plaintiff without filing. May resubmit after noted deficiencies are corrected. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on March 3, 2009.(cc: Nelson w/ret'd document; *hand delivered to pltf at intake) (cbj) *Modified on 3/3/2009 (as noted) (cbj).
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Filing
11
ORDER re 10 Memorandum in Opposition to Motion filed by DAVID NELSON, 9 MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment filed by UNITED STATES OF AMERICA - 1. Pltf shall file amended response to defen dant's 9 Motion to Dismiss... Motion for Summary Judgment, on or before February 26, 2009. Amended Response to motion 9 due by 2/26/2009. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on February 26, 2009.(cc: Nelson) (cbj)
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