United States of America v. Turbay et al
Plaintiff: United States of America
Defendant: Miguel E. Turbay CPA PA, Miguel Turbay and Erenia Machado
Case Number: 1:2020cv20201
Filed: January 16, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Cecilia M Altonaga
Referring Judge: Jonathan Goodman
Nature of Suit: Taxes
Cause of Action: 26:7401
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on March 13, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 13, 2020 Filing 34 PAPERLESS Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Evidentiary Hearing held on 3/13/2020 Witness Etnay Machado, Luis Rivera testified. Total time in court: 5 hour(s) : 20 minutes. Attorney Appearance(s): Dennis Gary Kainen, Quinton Lerner Weisberg, Robert Scott Silverblatt, Genesis Martinez, Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. (afa)
March 12, 2020 Filing 33 PAPERLESS Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Motion Hearing held on 3/12/2020 re #9 Renewed MOTION for Preliminary Injunction filed by United States of America Witness Stanley Foodman testified. Total time in court: 3 hour(s) : 30 minutes. Attorney Appearance(s): Dennis Gary Kainen, Quinton Lerner Weisberg, Robert Scott Silverblatt, Genesis Martinez, Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. (afa)
March 10, 2020 Opinion or Order Filing 32 ORDER setting continuation of 29 Motion Hearing on #9 Renewed MOTION for Preliminary Injunction filed by United States of America; Preliminary Injunction Hearing set to continue 3/12/2020 01:30 PM in Miami Division before Judge Cecilia M. Altonaga. Signed by Judge Cecilia M. Altonaga on 3/10/2020. See attached document for full details. (ps1)
March 10, 2020 Opinion or Order Filing 31 ORDER Scheduling Mediation before Scott Silverman; Mediation Hearing set for 7/28/2020 10:00 AM. Signed by Judge Cecilia M. Altonaga on 3/10/2020. See attached document for full details. (ps1)
March 9, 2020 Filing 30 NOTICE of Mediator Selection and Hearing. Selected/Added Scott Silverman as Mediator. Mediation Hearing set for 7/28/2020 at 10:00 a.m.. (Martinez, Genesis)
March 6, 2020 Filing 29 PAPERLESS Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Motion Hearing held on 3/6/2020 re #9 Renewed MOTION for Preliminary Injunction filed by United States of America Witness Geovanni Tellez, Aurora Sotolongo, Roxana Sanchez, Dianelys Baez, Norma Reyes, Sixto Garcia, Dennis Padilla, Anay Fernandez, Goar Gonzalez, Miguel Turbay, Erenia Machado testified. Total time in court: 7 hour(s). Attorney Appearance(s): Dennis Gary Kainen, Quinton Lerner Weisberg, Robert Scott Silverblatt, Genesis Martinez, Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. (afa)
March 4, 2020 Filing 28 REPLY to Response to Motion re #9 Renewed MOTION for Preliminary Injunction filed by United States of America. (Attachments: #1 IRS data regarding Defendant Machado's PTIN)(Silverblatt, Robert)
March 4, 2020 Filing 27 NOTICE by Erenia Machado, Miguel E. Turbay CPA PA, Miguel Turbay Notice of Withdrawal of Jury Trial Request (Weisberg, Quinton)
March 3, 2020 Filing 26 ANSWER to Complaint with Jury Demand by Erenia Machado, Miguel E. Turbay CPA PA, Miguel Turbay. (Weisberg, Quinton)
March 2, 2020 Opinion or Order Filing 25 ORDER setting reply deadline as to #9 Renewed MOTION for Preliminary Injunction: Replies due by 3/5/2020. Signed by Judge Cecilia M. Altonaga on 3/2/2020. See attached document for full details. (ps1)
February 27, 2020 Opinion or Order Filing 24 MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER Signed by Magistrate Judge Jonathan Goodman on 2/27/2020. See attached document for full details. (tb)
February 25, 2020 Opinion or Order Filing 23 ORDER SETTING BENCH TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE. (Calendar Call set for 12/29/2020 9:00 AM in Miami Division before Judge Cecilia M. Altonaga., Bench Trial set for 1/4/2021 in Miami Division before Judge Cecilia M. Altonaga.), ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Discovery Matters. Signed by Judge Cecilia M. Altonaga on 2/25/2020. See attached document for full details. (scn)
February 25, 2020 Filing 22 Certificate of Other Affiliates/Corporate Disclosure Statement by Erenia Machado, Miguel E. Turbay CPA PA, Miguel Turbay identifying Other Affiliate Miguel E. Turbay Insurance LLC, Other Affiliate Mariposa Travel y Envios INC for Miguel Turbay (Weisberg, Quinton)
February 24, 2020 Filing 21 Joint SCHEDULING REPORT - Rule 16.1 by United States of America (Attachments: #1 Text of Proposed Order)(Silverblatt, Robert)
February 21, 2020 Filing 20 Certificate of Other Affiliates/Corporate Disclosure Statement by United States of America (Silverblatt, Robert)
February 20, 2020 Opinion or Order Filing 19 ORDER Setting Evidentiary Hearing re Motion #9 Renewed MOTION for Preliminary Injunction: Evidentiary Hearing set for 3/6/2020 09:00 AM in Miami Division before Judge Cecilia M. Altonaga. The Court has set aside the entire day for this hearing. The parties are reminded it is their responsibility to arrange for a Spanish interpreter. Signed by Judge Cecilia M. Altonaga on 2/20/2020. See attached document for full details. (ps1)
February 19, 2020 Filing 18 RESPONSE to Motion re #13 MOTION for Extension of Time to file an Answer to the Complaint for Permanent Injunction and to file a Response to the Motion for Preliminary Injunction , #9 Renewed MOTION for Preliminary Injunction filed by Erenia Machado, Miguel E. Turbay CPA PA, Miguel Turbay. Replies due by 2/26/2020. (Weisberg, Quinton)
February 6, 2020 Opinion or Order Filing 17 ORDER granting #13 MOTION for Extension of Time to file an Answer to the Complaint for Permanent Injunction and to file a Response to the Motion for Preliminary Injunction filed by Miguel Turbay, Miguel E. Turbay CPA PA, Erenia Machado, Erenia Machado: combined response or separate answers to the Complaint due 3/3/2020. Responses due by 2/19/2020 to the #9 Renewed MOTION for Preliminary Injunction . Signed by Judge Cecilia M. Altonaga on 2/6/2020. See attached document for full details. (ps1)
February 6, 2020 Filing 16 REPLY to Response to Motion re #13 MOTION for Extension of Time to file an Answer to the Complaint for Permanent Injunction and to file a Response to the Motion for Preliminary Injunction Reply to the Plaintiff's Partial Opposition to Motion for Extension of Time #14 and Response to the Court's Paperless Order 15 filed by Erenia Machado, Miguel E. Turbay CPA PA, Miguel Turbay. (Weisberg, Quinton)
February 6, 2020 Opinion or Order Filing 15 PAPERLESS ORDER denying #13 Motion for Extension of Time due to the failure to submit a proposed order, as is required by the Local Rules. Signed by Judge Cecilia M. Altonaga (CMA)
February 6, 2020 Filing 14 RESPONSE in Opposition re #13 MOTION for Extension of Time to file an Answer to the Complaint for Permanent Injunction and to file a Response to the Motion for Preliminary Injunction filed by United States of America. Replies due by 2/13/2020. (Silverblatt, Robert)
February 5, 2020 Filing 13 MOTION for Extension of Time to file an Answer to the Complaint for Permanent Injunction and to file a Response to the Motion for Preliminary Injunction by Erenia Machado, Miguel E. Turbay CPA PA, Miguel Turbay. Attorney Quinton Lerner Weisberg added to party Erenia Machado (pty:dft), Attorney Quinton Lerner Weisberg added to party Miguel E. Turbay CPA PA(pty:dft), Attorney Quinton Lerner Weisberg added to party Miguel Turbay (pty:dft). Responses due by 2/19/2020 (Attachments: #1 Exhibit Proposed Order)(Weisberg, Quinton)
February 5, 2020 Filing 12 NOTICE of Attorney Appearance by Dennis Gary Kainen on behalf of Erenia Machado, Miguel E. Turbay CPA PA, Miguel Turbay. Attorney Dennis Gary Kainen added to party Erenia Machado (pty:dft), Attorney Dennis Gary Kainen added to party Miguel E. Turbay CPA PA(pty:dft), Attorney Dennis Gary Kainen added to party Miguel Turbay (pty:dft). (Kainen, Dennis)
January 22, 2020 Opinion or Order Filing 11 ORDER that the Defendants shall submit a single combined response or separate answers within the time allowed for the last-served Defendant to respond. Signed by Judge Cecilia M. Altonaga on 1/22/2020. See attached document for full details. (ps1)
January 22, 2020 Opinion or Order Filing 10 Order Requiring Joint Scheduling Report and Certificates of Interested Parties to be filed by 2/25/2020. Signed by Judge Cecilia M. Altonaga on 1/22/2020. See attached document for full details. (ps1)
January 22, 2020 Filing 9 Renewed MOTION for Preliminary Injunction by United States of America. (Attachments: #1 Exhibit 1: Poole Decl., #2 Exhibit 2: Printout from Defendants' website, #3 Exhibit 3: Rivera Decl., #4 Exhibit 4: Calzadilla/Tellez return, #5 Exhibit 5: Alvarez/Vazquez return, #6 Exhibit 6: Reyes return, #7 Exhibit 7: Sotolongo return, #8 Exhibit 8: Baez return, #9 Exhibit 9: Santizo return, #10 Exhibit 10: Villamil/Sanchez return, #11 Exhibit 11: Jiminez return, #12 Exhibit 12: Iglesias return, #13 Exhibit 13: Gonzalez return, #14 Exhibit 14: Pereira return, #15 Exhibit 15: Vales return, #16 Exhibit 16: Rodriguez Iglesias return, #17 Exhibit 17: Amador return, #18 Exhibit 18: Hernandez return, #19 Exhibit 19: Mateo return, #20 Exhibit 20: Nunez/Casanova return, #21 Exhibit 21: Padilla return, #22 Exhibit 22: Garcia/Saravia return, #23 Exhibit 23: Evans examination paperwork, #24 Exhibit 24: Fernandez return, #25 Exhibit 25: Santizo interview memorandum, #26 Exhibit 26: Jimenez interview memorandum, #27 Exhibit 27: Vales interview memorandum, #28 Exhibit 28: Rodriguez Iglesias interview memorandum, #29 Exhibit 29: Padilla declaration, #30 Exhibit 30: Garcia/Saravia declaration, #31 Exhibit 31: Fernandez interview memorandum, #32 Exhibit 32: Evans return, #33 Text of Proposed Order)(Silverblatt, Robert)
January 22, 2020 Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by United States of America. Miguel Turbay served on 1/22/2020, answer due 2/12/2020. (Silverblatt, Robert)
January 22, 2020 Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by United States of America. Miguel E. Turbay CPA PA served on 1/21/2020, answer due 2/11/2020. (Silverblatt, Robert)
January 22, 2020 Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by United States of America. Erenia Machado served on 1/21/2020, answer due 2/11/2020. (Silverblatt, Robert)
January 17, 2020 Opinion or Order Filing 5 ORDER denying #4 Motion for Preliminary Injunction. Signed by Judge Cecilia M. Altonaga on 1/17/2020. See attached document for full details. (ps1)
January 17, 2020 Filing 4 MOTION for Preliminary Injunction by United States of America. (Attachments: #1 Exhibit 1: Poole Decl., #2 Exhibit 2: Printout from Defendants' website, #3 Exhibit 3: Rivera Decl., #4 Exhibit 4: Calzadilla/Tellez return, #5 Exhibit 5: Alvarez/Vazquez return, #6 Exhibit 6: Reyes return, #7 Exhibit 7: Sotolongo return, #8 Exhibit 8: Baez return, #9 Exhibit 9: Santizo return, #10 Exhibit 10: Villamil/Sanchez return, #11 Exhibit 11: Jiminez return, #12 Exhibit 12: Iglesias return, #13 Exhibit 13: Gonzalez return, #14 Exhibit 14: Pereira return, #15 Exhibit 15: Vales return, #16 Exhibit 16: Rodriguez Iglesias return, #17 Exhibit 17: Amador return, #18 Exhibit 18: Hernandez return, #19 Exhibit 19: Mateo return, #20 Exhibit 20: Nunez/Casanova return, #21 Exhibit 21: Padilla return, #22 Exhibit 22: Garcia/Saravia return, #23 Exhibit 23: Evans examination paperwork, #24 Exhibit 24: Fernandez return, #25 Exhibit 25: Santizo interview memorandum, #26 Exhibit 26: Jimenez interview memorandum, #27 Exhibit 27: Vales interview memorandum, #28 Exhibit 28: Rodriguez Iglesias interview memorandum, #29 Exhibit 29: Padilla declaration, #30 Exhibit 30: Garcia/Saravia declaration, #31 Exhibit 31: Fernandez interview memorandum, #32 Exhibit 32: Evans return, #33 Text of Proposed Order)(Silverblatt, Robert)
January 17, 2020 Filing 3 Summons Issued as to Erenia Machado, Miguel E. Turbay CPA PA, Miguel Turbay. (amb)
January 16, 2020 Filing 2 Clerks Notice of Judge Assignment to Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. (amb)
January 16, 2020 Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00. USA Filer - No Filing Fee Required, filed by United States of America. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s))(Silverblatt, Robert)

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Defendant: Miguel E. Turbay CPA PA
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Defendant: Miguel Turbay
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Defendant: Erenia Machado
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Plaintiff: United States of America
Represented By: Robert Scott Silverblatt
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