BankUnited, Inc. v. United States Of America
Plaintiff: BankUnited, Inc.
Defendant: United States Of America
Case Number: 1:2023cv20379
Filed: January 30, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: Lauren Fleischer Louis
Referring Judge: K Michael Moore
Nature of Suit: Taxes
Cause of Action: 26 U.S.C. ยง 7422 IRS: Refund Taxes
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 28, 2023 Opinion or Order Filing 23 PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion for Extension of Time. #22 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion for Extension of Time #22 is GRANTED IN PART. The Parties shall hold a scheduling conference in this case on or before May 15, 2023. The Parties shall file their Joint Scheduling Report within five days of the scheduling conference. Signed by Judge K. Michael Moore on 3/28/2023. (rfr)
March 28, 2023 Filing 22 Joint MOTION for Extension of Time to extend deadlines to hold scheduling conference and file joint scheduling report by BankUnited, Inc.. Responses due by 4/11/2023 (Hill, William)
March 22, 2023 Filing 21 SUMMONS (Affidavit) Returned Executed by BankUnited, Inc.. (Hill, William)
March 22, 2023 Filing 20 SUMMONS (Affidavit) Returned Executed by BankUnited, Inc.. (Hill, William)
March 16, 2023 Filing 19 SUMMONS (Affidavit) Returned Executed by BankUnited, Inc.. United States Of America served on 3/9/2023, response/answer due 5/8/2023. (Hill, William)
March 9, 2023 Filing 18 Summons Issued as to United States Of America, (United States Attorney for the Southern District of Florida)(cqs)
March 8, 2023 Filing 17 NOTICE of Filing Proposed Summons(es) US Attorney for Southern District of Florida by BankUnited, Inc. (Hill, William)
February 2, 2023 Filing 16 Summons Issued as to United States Of America.(cqs)
February 2, 2023 Filing 15 NOTICE of Filing Proposed Summons(es) United States of America c/o Commissioner, Internal Revenue Services by BankUnited, Inc. (Hill, William)
February 2, 2023 Opinion or Order Filing 14 PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion for Nathan P. Wacker to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #8 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #8 is GRANTED. Nathan P. Wacker may appear pro hac vice in this matter on behalf of Plaintiff. The Clerk of Court shall provide electronic notification of all electronic filings to nathan.wacker@skadden.com. Signed by Judge K. Michael Moore on 2/2/2023. (rfr)
February 2, 2023 Opinion or Order Filing 13 PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion for Rajiv Madan to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #7 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #7 is GRANTED. Rajiv Madan may appear pro hac vice in this matter on behalf of Plaintiff. The Clerk of Court shall provide electronic notification of all electronic filings to raj.madan@skadden.com. Signed by Judge K. Michael Moore on 2/2/2023. (rfr)
February 2, 2023 Opinion or Order Filing 12 PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion for Kevin R. Stults to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #6 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #6 is GRANTED. Kevin R. Stults may appear pro hac vice in this matter on behalf of Plaintiff. The Clerk of Court shall provide electronic notification of all electronic filings to kevin.stults@skadden.com. Signed by Judge K. Michael Moore on 2/2/2023. (rfr)
February 1, 2023 Opinion or Order Filing 11 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lauren F. Louis 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 Lauren F. Louis's discovery procedures. Signed by Judge K. Michael Moore on 2/1/2023. (rfr)
February 1, 2023 Opinion or Order Filing 10 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. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) 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 Judge K. Michael Moore on 2/1/2023. (rfr)
February 1, 2023 Filing 9 Statement of: Corporate Disclosure by BankUnited, Inc. (Hill, William)
January 31, 2023 Filing 8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Nathan P. Wacker. Filing Fee $ 200.00 Receipt # AFLSDC-16283721 by BankUnited, Inc.. Responses due by 2/14/2023 (Attachments: #1 Certification Certificate of Nathan Wacker, #2 Text of Proposed Order Order Granting Motion to Appear PHV)(Hill, William)
January 31, 2023 Filing 7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rajiv Madan. Filing Fee $ 200.00 Receipt # AFLSDC-16283636 by BankUnited, Inc.. Responses due by 2/14/2023 (Attachments: #1 Certification Certificate of Rajiv Madan, #2 Text of Proposed Order Order Granting Motion to Appear PHV)(Hill, William)
January 31, 2023 Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kevin R. Stults. Filing Fee $ 200.00 Receipt # AFLSDC-16283535 by BankUnited, Inc.. Responses due by 2/14/2023 (Attachments: #1 Certification Certificate of Kevin R. Stults, #2 Text of Proposed Order Order Granting Motion to Appear PHV)(Hill, William)
January 31, 2023 Filing 5 Bar Letter re: Admissions sent to attorney Rajiv Madan, Nathan Wacker, Kevin R. Stults, mailing date January 31, 2023, (pt)
January 31, 2023 Filing 4 Clerk's Notice to Filer re: Summons(es) cannot be issued. Summons(es) NOT issued for the following reasons Mr. William M. Paul, Principal Deputy Chief Counsel is not listed for a party in this case. (nwn)
January 31, 2023 Filing 3 Summons Issued as to United States Of America, and U.S. Attorney General (nwn)
January 30, 2023 Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (nwn)
January 30, 2023 Filing 1 COMPLAINT against United States Of America. Filing fees $ 402.00 receipt number AFLSDC-16280521, filed by BankUnited, Inc.. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet Civil Cover Sheet, #3 Summon(s) _US_Attorney_General, #4 Summon(s) IRS_Commissioner, #5 Summon(s) USAA SDF)(Hill, William)

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Plaintiff: BankUnited, Inc.
Represented By: William King Hill
Represented By: Kevin R. Stults
Represented By: Nathan Wacker
Represented By: Rajiv Madan
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Defendant: United States Of America
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