$1,522,157.71 in U.S. Currency v. IRS Office of Chief Counsel
Plaintiff: $1,522,157.71 in U.S. Currency
Defendant: IRS Office of Chief Counsel
Case Number: 1:2018cv23903
Filed: September 21, 2018
Court: US District Court for the Southern District of Florida
Presiding Judge: K Michael Moore
Referring Judge: Andrea M Simonton
Nature of Suit: Other Statutory Actions
Cause of Action: 18 U.S.C. ยง 3114
Jury Demanded By: None
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Docket Report

This docket was last retrieved on November 9, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 9, 2018 Filing 14 Clerks Notice to Filer re #12 Summons Returned Executed. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see DE# 13 . It is not necessary to refile this document. (jas)
November 8, 2018 Filing 13 SUMMONS (Affidavit) Returned Executed by $1,522,157.71 in U.S. Currency. IRS Office of Chief Counsel served on 11/5/2018, answer due 1/4/2019. (See DE#12 for image). (jas)
November 8, 2018 Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by $1,522,157.71 in U.S. Currency. IRS Office of Chief Counsel served on 11/5/2018, answer due 11/26/2018. (Diaz-Cueto, Jorge)
October 31, 2018 Filing 11 Summons Issued as to IRS Office of Chief Counsel. (jas)
October 31, 2018 Filing 10 Clerks Notice of Docket Correction re 9 Summons Issued. Wrong event used Other. (jas)
October 23, 2018 Opinion or Order Filing 8 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion to Covert Case from Civil to Miscellaneous #5 . Therein, Plaintiff seeks an Order from this Court to re-classify the above-styled cause as a "miscellaneous" case instead of a "civil" case. The case law cited by Plaintiff in support of its Motion does not address the relief that Plaintiff seeks: the re-classification of a case from a designation of "civil" to "miscellaneous." Moreover, Plaintiff does not articulate any reason for seeking this type of relief. Accordingly, UPON CONSIDERATION of the Motion #5 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion is DENIED WITHOUT PREJUDICE. Signed by Chief Judge K. Michael Moore on 10/23/2018. (osk)
October 17, 2018 Opinion or Order Filing 7 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO CHIEF MAGISTRATE JUDGE ANDREA M. SIMONTON. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Andrea M. Simonton to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Andrea M. Simonton's discovery procedures, which can be found on the Southern District of Florida website, www.flsd.uscourts.gov, under the tab for Judge Simonton, in the drop down menu Judge Information. Signed by Chief Judge K. Michael Moore on 10/17/2018. (osk)
October 17, 2018 Opinion or Order Filing 6 PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 10/17/2018. (osk)
October 15, 2018 Filing 5 MOTION to Convert Case from Civil to Miscellaneous by $1,522,157.71 in U.S. Currency. (Diaz-Cueto, Jorge)
September 25, 2018 Opinion or Order Filing 4 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion to Convert Case from Civil to Miscellaneous #3 . Plaintiff does not indicate whether Defendant agrees with the conversion requested, as counsel failed to attach a Certificate of Good Faith Conference to the Motion in accordance with the Local Rules. Local Rule 7.1(a)(3) provides that counsel for the movant must confer with all parties in a good faith effort to resolve the issues in the motion and must include that certification at the end of the motion and above the signature block. In addition, Plaintiff does not incorporate into his Motion a memorandum of law citing supporting authorities. Local Rule 7.1(a)(1) requires every motion, subject to certain exceptions, to incorporate a memorandum of law citing supporting authorities for the relief requested. Plaintiff's Motion does not fall into any exception listed in Local Rule 7.1(a)(1). Local Rule 7.1(a)(3) cautions, "Failure to comply with the requirements of this Local Rule may be cause for the Court to grant or deny the motion and impose on counsel an appropriate sanction." Accordingly, based on the foregoing, it is ORDERED AND ADJUDGED that Defendant's Motion #3 is DENIED WITHOUT PREJUDICE. Defendant may re-file a Motion to Convert Case From Civil to Miscellaneous in compliance with the Local Rules. Signed by Chief Judge K. Michael Moore on 9/25/2018. (osk)
September 24, 2018 Filing 3 MOTION to Convert Case from Civil to Miscellaneous re #1 Complaint,, by $1,522,157.71 in U.S. Currency. (Diaz-Cueto, Jorge)
September 21, 2018 Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore and Ch. Magistrate Judge Andrea M. Simonton. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Andrea M. Simonton is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jas)
September 21, 2018 Filing 1 COMPLAINT against In the Matter of the Seizure of One Million Five Hundred Twenty Two Thousand One Hundred Fifty Seven and Seventy One Cents in U.S. Currency from Wells Fargo Bank Accounts. Filing fees $ 400.00 receipt number 113C-11014193, filed by In the Matter of the Seizure of One Million Five Hundred Twenty Two Thousand One Hundred Fifty Seven and Seventy One Cents in U.S. Currency from Wells Fargo Bank Accounts. (Attachments: #1 Summon(s), #2 Civil Cover Sheet, #3 Affidavit of Kertch Conze, #4 Exhibit to 41g Motion for Return of Property, #5 Affidavit of Jorge Diaz-Cueto)(Diaz-Cueto, Jorge)

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Plaintiff: $1,522,157.71 in U.S. Currency
Represented By: Jorge Orestes Diaz-Cueto
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Defendant: IRS Office of Chief Counsel
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