Davis v. Internal Revenue Service
| Edward J. Davis |
| Internal Revenue Service |
| United States of America |
| Arnold Mende and Edward J. Davis |
| 1:2011cv20974 |
| March 22, 2011 |
| US District Court for the Southern District of Florida |
| Miami Office |
| XX US, Outside State |
| Marcia G. Cooke |
| Taxes (US Plaintiff or Defendant) |
| 26 U.S.C. § 6702 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 27, 2011. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 50 Notice of Pendency of Other Action by United States of America (Kisch, Wendy) |
| Filing 49 Judge Assignment to Senior Judge William M. Hoeveler (vjk) |
| Filing 48 Case transferred in from Massachusetts; Case Number 1:03-cv-11569. Electronic file including transfer order and docket sheet received. .(vjk). |
| Filing 47 Judge Richard G. Stearns: ORDER entered transferring case to Southern District of Florida re 46 .(Seelye, Terri) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered REOPENING CASE, an answer having been filed in 06cv11965 on 2/2/07. The motion to reopen having been previously "Denied, without prejudice pending the filing of answers in the 06-civil action". (Seelye, Terri) |
| Case transferred to District of Florida, Southern;. Original file with documents numbered 1-47, certified copy of transfer order and docket sheet sent to Clerk in that district via CM/ECF electronic case transfer. (Seelye, Terri) |
| Case reopened pursuant to electronic order entered on 3/16/11. (Rynne, Michelle) |
| Judge Richard G. Stearns: ENDORSED ORDER entered granting 46 Motion to Change Venue to the Southern District of Florida. (Seelye, Terri)cm to Arnold Mende, 3500 Galt Ocean Drive, #1408, Fort Lauderdale, FL 33308 on 3/14/11. |
| Filing 46 MOTION to Change Venue by United States of America.(Kisch, Wendy) |
| Filing 45 MOTION Deny Informal Requests to Dismiss re 42 Letter/request (non-motion), 39 Letter/request (non-motion) by United States of America.(Kisch, Wendy) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered finding as moot 45 Motion to deny informal request to dismiss as the court does not regard Arnold Mende's October 13, 2010 letter a motion to dismiss, but rather a venting of his frustration with the government's litigation approach. (Zierk, Marsha) |
| Filing 42 Letter/request (non-motion) from A. Mende to Judge Stearns, filed. (Flaherty, Elaine) |
| Filing 41 NOTICE of Appearance by Bartholomew Cirenza on behalf of United States of America (Cirenza, Bartholomew) |
| Filing 40 Response by United States of America to 39 Letter/request (non-motion). (Attachments: # 1 Exhibit A-F)(Kisch, Wendy) |
| Filing 39 Letter/request (non-motion) from Arnold Mende re: case (Attachments: # 1 Exhibit)(Flaherty, Elaine) |
| Filing 38 Judge Richard G. Stearns: PROCEDURAL ORDER re pretrial/trial entered. Bench Trial set for 12/6/2010 at 9:00 PM in Courtroom 21 before Judge Richard G. Stearns.(Seelye, Terri) cm to Arnold Mende @ 3500 Galt Ocean Drive, #1408, Fort Lauderdale, FL 33308 |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered. Parties are to complete discovery on or before 12/1/10; a Bench Trial will be set for 12/6/10; trial order to issue. SO ORDERED.(Seelye, Terri)cm to Arnold Mende @ 3500 Galt Ocean Drive, #1408, Fort Lauderdale, FL 33308 |
| ELECTRONIC Clerk's Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein: Settlement Conference held on 9/27/2010. (Court Reporter: First.) (Quinn, Thomas) |
| ELECTRONIC Clerk's Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein: Settlement Conference held on 9/21/2010. (Court Reporter: First.) (Quinn, Thomas) |
| Filing 37 REPORT of Alternative Dispute Resolution Provider. (Dambrosio, Jolyne) |
| Filing 36 NOTICE of Withdrawal of Appearance by David J. Nagle (Nagle, David) |
| Filing 35 NOTICE of Withdrawal of Appearance by Sarah D. Wellings (Wellings, Sarah) |
| ELECTRONIC Clerk's Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein: Settlement Conference held on 9/1/2010. (Court Reporter: First.) (Quinn, Thomas) |
| ELECTRONIC Clerk's Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein: Settlement Conference held on 8/27/2010. (Court Reporter: First.) (Quinn, Thomas) |
| ELECTRONIC Clerk's Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein: Settlement Conference held on 8/26/2010. (Court Reporter: First.) (Quinn, Thomas) |
| ELECTRONIC Clerk's Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein: Settlement Conference held on 6/25/2010. (Court Reporter: First.) (Quinn, Thomas) |
| ELECTRONIC Clerk's Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein: Settlement Conference held on 6/10/2010. (Court Reporter: First.) (Quinn, Thomas) |
| Filing 34 Judge Richard G. Stearns: CONSENT JUDGMENT entered re 33 .(Seelye, Terri) |
| Filing 33 AGREEMENT FOR JUDGMENT ("Consent Judgment") by Edward J. Davis. (Wellings, Sarah) |
| ELECTRONIC Clerk's Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein: Settlement Conference held on 6/3/2010. (Court Reporter: First.) (Quinn, Thomas) |
| Filing 32 NOTICE of Pro Bono Attorney Appearance by Sarah D. Wellings on behalf of Edward J. Davis (Wellings, Sarah) |
| Filing 31 NOTICE of Pro Bono Attorney Appearance by David J. Nagle on behalf of Edward J. Davis (Nagle, David) |
| Filing 30 Ch. Magistrate Judge Judith G. Dein: ORDER entered. Order Appointing Pro Bono Counsel. There being sufficient cause to exercise the discretionary power of the Court to appoint counsel, it is ORDERED that David J. Nagle, Esq. of Sullivan & Worcester LLP is appointed to represent the plaintiff for settlement discussions/mediation only.(PSSA1 ) |
| Judge Judith G. Dein : Electronic ORDER entered regarding mediation. The Government and Mr. Davis shall submit a further joint report concerning the status of their settlement efforts by 11/26/07 or the file will be returned to the District Judge. (Dambrosio, Jolyne) |
| Judge Judith G. Dein : Electronic ORDER entered regarding mediation. The Government and Mr. Davis shall submit a further joint report concerning the status of their settlement efforts by 10/23/07 or the file will be returned to the District Judge. (Dambrosio, Jolyne) |
| Judge Judith G. Dein : Electronic ORDER entered regarding mediation. The Government and Mr. Davis shall submit a joint status report concerning the status of their settlement efforts by 9/24/07 or the file will be returned to the District Judge. (Dambrosio, Jolyne) |
| Filing 29 Response (Letter) by Arnold Mende to 27 MOTION to Reopen Case, filed.(Flaherty, Elaine) |
| Filing 28 Letter/request (non-motion) from Arnold Mende re: serving as response to issue of whether Government is entitled to reopen this case, filed. (Flaherty, Elaine) |
| Judge Richard G. Stearns : Electronic ORDER entered denying 27 Motion to Reopen Case "Denied, without prejudice pending the filing of answers in the 06-civil action." (Flaherty, Elaine) |
| Filing 27 MOTION to Reopen Case by United States of America, Internal Revenue Service.(Kisch, Wendy) |
| Filing 26 REPORT of Alternative Dispute Resolution Provider. (Dambrosio, Jolyne) |
| Judge Judith G. Dein : Electronic ORDER entered granting 24 Defendant's Motion To Allow Representative to Be Available for Mediation By Telephone. (Dambrosio, Jolyne) |
| Filing 25 MEMORANDUM in Support re 24 MOTION To Allow Representative With Full Settlement Authority to Be Available By Telephone re 23 Notice of ADR Conference filed by United States of America, Internal Revenue Service. (Attachments: # 1)(Kisch, Wendy) |
| Filing 24 MOTION To Allow Representative With Full Settlement Authority to Be Available By Telephone re 23 Notice of ADR Conference by United States of America, Internal Revenue Service.(Kisch, Wendy) |
| Filing 23 NOTICE of and ORDER regarding ADR Conference: Mediation set for 12/21/2006 10:00 AM in Courtroom 15 before Magistrate Judge Judith G. Dein.(Dambrosio, Jolyne) |
| Judge Richard G. Stearns : Electronic ORDER entered finding as moot the 21 Motion to Vacate in light of the filing of 06-CV-11965. (Hamilton, Maria Raia) |
| Filing 22 RESPONSE to Motion re 21 MOTION to Vacate 20 Order Dismissing Case filed by Arnold Mende. (Flaherty, Elaine) |
| Filing 21 MOTION to Vacate 20 Order Dismissing Case by United States of America.(Kisch, Wendy) |
| ELECTRONIC NOTICE of assignment to ADR Provider. U.S. Magistrate Judge Judith G. Dein appointed. The Court will contact counsel after October 31, 2006 with regard to scheduling.(Franklin, Yvonne) |
| Filing 20 Judge Richard G. Stearns : SETTLEMENT ORDER OF DISMISSAL entered. (Johnson, Mary) |
| Civil Case Terminated. (Johnson, Mary) |
| Filing 19 Judge Richard G. Stearns : ORDER entered. REFERRING CASE to Alternative Dispute Resolution.(Johnson, Mary) |
| Filing 18 STATUS REPORT (and request for referral to court mediation) filed by United States of America. (Kisch, Wendy) Modified on 9/27/2006 (Johnson, Mary). |
| Filing 17 Letter/request (non-motion) from Arnold Mende dated 7/31/06, filed. (went directly to Judge 8/2/06) (Flaherty, Elaine) |
| Judge Richard G. Stearns : ELECTRONIC ENDORSEMENT re 17 Letter/request (non-motion) "Arnold Mende's letter (#17) will be treated as a motion to extend the summary judgment deadline and Allowed. The parties will file a joint status report with the court indicating whether or not they will pursue mediation within thirty (30) days of the date of this Order. If the parties do not opt for mediation, the summary judgment motions will be due twenty-one (21) days after the status report is filed." (Flaherty, Elaine) |
| Filing 16 MOTION for Extension of Time to 08/28/06 to Complete Discovery (refiling of motion filed on 4/24/06) by United States of America, Internal Revenue Service.(Kisch, Wendy) |
| Judge Richard G. Stearns : Electronic ORDER entered finding as moot 15 Motion for Extension of Time to Complete Discovery."The motion has been re-filed and given document #16. " M. Johnson, DeputyClerk (Johnson, Mary) |
| Judge Richard G. Stearns : Electronic ORDER entered granting in part and denying in part 16 Motion for Extension of Time to Complete Discovery. "all discovery shall be completed by 7-24-06. Dispositive motions shall be filed by 8-4-06 with oppositions due 14 days thereafter. SO ORDERED." R. G. Stearns, USDJ. (Johnson, Mary) Modified on 5/10/2006 (Johnson, Mary). |
| Filing 15 Joint MOTION for Extension of Time to 08/28/06 to Complete Discovery by United States of America, Arnold Mende, Internal Revenue Service.(Kisch, Wendy) |
| Filing 14 NOTICE of Appearance by Wendy J. Kisch on behalf of United States of America, Internal Revenue Service (Kisch, Wendy) |
| Judge Richard G. Stearns : Electronic ORDER entered granting 13 Motion for Extension of Time to Complete Discovery. (Johnson, Mary) |
| Filing 13 Joint MOTION for Extension of Time to 5/29/06 to Complete Discovery by United States of America.(Reiferson, Barry) |
| Electronic Clerk's Notes for proceedings held before Judge Richard G. Stearns : Scheduling Conference held on 9/8/2005. Mr. Davis present by telephone. Atty. Reiferson present by telephone. Mr. Mende also present by telephone. After colloquy with all parties, the Court adopts the Joint Discovery Plan filed as follows: all discovery shall be completed by 2-28-06; dispositive motions shall be filed by 4-28-06, with oppositions due 3 weeks thereafter. (Court Reporter None.) (Johnson, Mary) . |
| Filing 12 JOINT STATEMENT re scheduling conference. (Reiferson, Barry) |
| Filing 11 ANSWER to Counterclaim by Arnold Mende, filed (pros se) no address listed or certificate of service.(Flaherty, Elaine) |
| Judge Richard G. Stearns : Electronic ORDER entered granting 10 Motion to Continue. "the 16b conference is re-scheduled to : THURSDAY, SEPTEMBER 8, 2005 AT 3:15 P.M." (Johnson, Mary) |
| Filing 10 Joint MOTION to Continue scheduling conference to a date to be set by the Court, at least 21 days from July 11, 2005 by United States of America.(Reiferson, Barry) |
| Judge Richard G. Stearns : Electronic ORDER entered granting 9 Motion to Continue." the 16b conf. is re-scheduledto : Monday, July 11, 2005 at 2:30 P.M." (Johnson, Mary) |
| Filing 9 Joint MOTION to Continue Scheduling Conference to 06/06/05 by United States of America.(Reiferson, Barry) |
| Filing 8 AFFIDAVIT OF SERVICE Executed by United States of America. Arnold Mende served on 4/14/2005, answer due 5/4/2005. Acknowledgement filed by United States of America. (Reiferson, Barry) |
| Filing 7 NOTICE of Scheduling Conference. Scheduling Conference set for 5/16/2005 02:30 PM in Courtroom 21 before Judge Richard G. Stearns. (Johnson, Mary) |
| Filing 6 AMENDED ANSWER to 1 Complaint, COUNTERCLAIM against Arnold Mende, Edward J. Davis by United States of America. (Reiferson, Barry) |
| Judge Richard G. Stearns : Electronic ORDER entered granting 4 Motion to Amend (Flaherty, Elaine) |
| Filing 5 MEMORANDUM in Support re 4 MOTION to Amend 3 Answer to Complaint And Add Counterclaim and Additional Defendant on Counterclaim filed by Internal Revenue Service. (Reiferson, Barry) |
| Filing 4 MOTION to Amend 3 Answer to Complaint And Add Counterclaim and Additional Defendant on Counterclaim by Internal Revenue Service.(Reiferson, Barry) |
| Filing 3 ANSWER to Complaint by United States of America/ by Internal Revenue Service.(Reiferson, Barry) |
| Filing 2 Request for Enlargement of Time to Answer Letter/request (non-motion) from US Department of Justice. (Reiferson, Barry) |
| Filing 1 COMPLAINT against Internal Revenue Service Filing fee: $ 150, receipt number 49762, filed by Edward J. Davis.Flaherty, Elaine) |
| Summons Issued as to Internal Revenue Service. (Flaherty, Elaine) |
| If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Cohen. Flaherty, Elaine) |
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