Clark v. United States of America et al
Defendant: United States and Internal Revenue Service
Counter Defendant: Celia R Clark
Counter Claimant: UNITED STATES OF AMERICA
Case Number: 9:2021cv82056
Filed: November 11, 2021
Court: US District Court for the Southern District of Florida
Presiding Judge: Aileen M Cannon
Referring Judge: Bruce E Reinhart
Nature of Suit: Taxes
Cause of Action: 26 U.S.C. § 6532 IRS: Refund of Tax Penalty
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on November 14, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 14, 2023 Opinion or Order Filing 122 PAPERLESS ORDER granting Joint Motion for Leave to File Excess Pages for Summary Judgment Motions and Related Filings #121 . The page limitations for the parties' forthcoming Motions for Summary Judgment (and Responses) are hereby enlarged to 30 pages each; replies are enlarged to 15 pages each; and the joint statement of undisputed material facts shall not exceed 20 pages. All filings must be prepared using Times New Roman 12-point font that is double-spaced and fully justified. Signed by Judge Aileen M. Cannon on 11/14/2023. (cdz)
November 13, 2023 Filing 121 Joint MOTION for Leave to File Excess Pages for Summary Judgment Briefing by United States of America. (Attachments: #1 Text of Proposed Order)(Darwit, Lauren)
October 13, 2023 Opinion or Order Filing 120 PAPERLESS ORDER following the Court's hearing on #118 the parties' Joint Discovery Memorandum. On October 12, 2023, the Court held a discovery hearing on the topics Plaintiff seeks to raise during the Rule 30(b)(6) depositions of the Internal Revenue Service (IRS) and the US Treasury Inspector General for Tax Administration (TIGTA). The Court overruled the Government's objections to the two topics Plaintiff noticed for the TIGTA deposition. The Court sustained the Government's objections to the following topics noticed for the IRS deposition: Nos. 2, 4, 7, 8, 10-13. For Nos. 1 and 6, the Court narrowed the topics to allow questioning regarding what facts and IRS statements the Government contends Plaintiff should have known about. Plaintiff's counsel may inquire as to any changes in the calculation of the IRS's penalty, but not about the Government's theory of its case. For No. 3, the Court overruled the Government's objection in part and will allow limited questioning about the IRS's compliance with IRC 6751, to the extent it does not duplicate prior questioning of IRS Agent Julie Hersh. For No. 5, Plaintiff's counsel may ask factual questions as to what statements the Government contends Plaintiff made that she should have known were false (but counsel may not ask why). For No. 9, Plaintiff's counsel may ask factual questions about the IRS's investigation of Plaintiff and inquire about the IRS's communications. The Court overruled in part the Government's objection to No. 14; Plaintiff's counsel may inquire only about the facts of the alleged disclosures (i.e., whether the disclosure was made and if so, whether the Government claims it was authorized). Finally, defense counsel is authorized to direct her witnesses not to answer any questions that she believes exceed the scope of the Court's rulings and Judge Reinhart will decide those issues based on the deposition transcripts. Signed by Magistrate Judge Bruce E. Reinhart on 10/13/2023. (hk02)
October 13, 2023 Filing 119 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Zoom Discovery Hearing on DE 118 held on 10/12/2023. Total time in court: 1 hour : 10 minutes. (hk02)
October 10, 2023 Filing 118 Statement of: Discovery Hearing Positions (Joint) by United States of America re 116 Order Setting/Cancelling Hearing,, (Attachments: #1 Exhibit 1: IRS 30(b)(6) Deposition Notice, #2 Exhibit 2: TIGTA 30(b)(6) Deposition Notice)(Kryska, Elisabeth)
October 5, 2023 Opinion or Order Filing 117 PAPERLESS ORDER: The Discovery Hearing on 10/12/23 will be conducted via Zoom (not telephone as stated in the prior order). The Court will email the Zoom link to counsel listed on the docket in advance of the hearing. Signed by Magistrate Judge Bruce E. Reinhart on 10/5/2023. (hk02)
October 5, 2023 Opinion or Order Filing 116 PAPERLESS Order setting a Telephone Discovery Hearing for 10/12/2023 at 3:00 PM before Magistrate Judge Bruce E. Reinhart to discuss the scope of the Rule 30(b)(6) depositions. Counsel shall appear telephonically using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. The parties may file a joint memorandum not to exceed 8 pages and the Court will permit multiple attorneys to argue on behalf of Defendants. Signed by Magistrate Judge Bruce E. Reinhart on 10/5/2023. (hk02)
October 2, 2023 Filing 115 PAPERLESS Minute Entry for proceedings held before Judge Aileen M. Cannon: Status Conference held on October 2, 2023. The parties updated the Court on the status of discovery and noted one potential discovery dispute to be raised expeditiously before Magistrate Judge Reinhart in accordance with his discovery procedures and the timelines set forth in the Court's Scheduling Order #109 . Order to follow. Total time in court: 6 minutes. Attorney Appearances: Jeffrey Adam Neiman, Elisabeth Kryska, Lauren A. Darwit, Virginia Giannini. (kts)
September 21, 2023 Filing 114 PAPERLESS NOTICE of RESETTING Hearing: **TIME CHANGE ONLY** Status Conference reset for 10/2/2023 08:45 AM in Fort Pierce Division before Judge Aileen M. Cannon via Zoom. The Zoom link and information will be emailed to the parties of record. Counsel please note the TIME CHANGE to your files. (tci)
September 18, 2023 Opinion or Order Filing 113 PAPERLESS ORDER. In the Parties' Joint Discovery Memorandum (DE #111 ), Plaintiff seeks to have the Court strike the Government's answer to Plaintiff's Interrogatory No. 1. For the reasons given on the record during the hearing, the Court declines to strike the Government's answer; nor will the Court construe the Government's answer as a constructive amendment of the Government's pleading. Accordingly, Plaintiff's request is denied without prejudice. Signed by Magistrate Judge Bruce E. Reinhart on 9/18/2023. (hk02)
September 18, 2023 Filing 112 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Telephone Discovery Hearing re: DE 111 held on 9/18/2023. Total time in court: 40 minutes. (Digital BER_4_9.18.2023) (hk02)
September 15, 2023 Filing 111 Statement of: Discovery Hearing Positions (Joint) by Celia R Clark re 110 Order Setting/Cancelling Hearing, (Attachments: #1 Exhibit Amended Interrogatory Response, #2 Exhibit Government's Answer and Counterclaim, #3 Exhibit Original Interrogatory Response, #4 Exhibit IRS Explanation of Items, #5 Exhibit Complaint, #6 Exhibit Plaintiff's Combined Case Law)(Vollrath, Derick)
September 11, 2023 Opinion or Order Filing 110 PAPERLESS Order setting a Telephone Discovery Hearing for 9/18/2023 at 2:00 PM before Magistrate Judge Bruce E. Reinhart. Counsel shall appear telephonically using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 9/11/2023. (hk02)
September 5, 2023 Filing 108 PAPERLESS NOTICE of Hearing: Status Conference scheduled for 10/02/2023 at 9:30 A.M. in the Fort Pierce Division before Judge Aileen M. Cannon via the Zoom platform. The Zoom link and information will be emailed to all parties of record. (kts)
September 1, 2023 Opinion or Order Filing 109 Order Granting #107 Joint Motion To Amend And Entering Fourth And Final Amended Scheduling Order. Discovery due by 11/6/2023. Expert Discovery due by 11/6/2023. Dispositive Motions due by 12/5/2023. In Limine Motions due by 6/11/2024. Motions due by 12/5/2023. Pretrial Stipulation due by 6/11/2024. Calendar Call set for 7/9/2024 01:45 PM in Fort Pierce Division before Judge Aileen M. Cannon. Jury Trial set for 7/15/2024 09:00 AM in Fort Pierce Division before Judge Aileen M. Cannon. Pretrial Conference set for 7/9/2024 01:45 PM in Fort Pierce Division before Judge Aileen M. Cannon. Signed by Judge Aileen M. Cannon on 9/1/2023. See attached document for full details. (rbe) Modified text on 9/5/2023 (pes).
August 30, 2023 Filing 107 Joint MOTION to Amend/Correct #102 Scheduling Order,,,, Terminate Motions,,, by Celia R Clark. Responses due by 9/13/2023 (Attachments: #1 Text of Proposed Order Proposed Order)(Vollrath, Derick)
June 23, 2023 Filing 106 STIPULATION (Joint) re Resolution of Undue Burden Objections to Production of Emails by Celia R Clark (Vollrath, Derick)
June 15, 2023 Opinion or Order Filing 105 ORDER DENYING PLAINTIFF'S OBJECTIONS TO DISCOVERY ORDER [ECF No. 94] denying #98 Appeal/Objection of Magistrate Judge Order to District Court. Signed by Judge Aileen M. Cannon on 6/15/2023. See attached document for full details. (pcs)
June 9, 2023 Filing 104 Plaintiff's REPLY to Response to Motion re #98 OBJECTION of Magistrate Judge 94 Order,, to District Court filed by Celia R Clark. (Levine, Julie)
June 2, 2023 Filing 103 RESPONSE to Motion re #98 OBJECTION of Magistrate Judge 94 Order,, to District Court filed by United States of America. Replies due by 6/9/2023. (Darwit, Lauren)
May 31, 2023 Opinion or Order Filing 102 ORDER GRANTING IN PART DEFENDANT'S MOTION TO AMEND SCHEDULING ORDER [ECF No. 95] AND ENTERING THIRD AMENDED SCHEDULING ORDER: Jury Trial reset for 4/8/2024 9:00 AM in Fort Pierce Division before Judge Aileen M. Cannon. Calendar Call reset for 4/2/2024 1:45 PM in Fort Pierce Division before Judge Aileen M. Cannon. Discovery due by 10/6/2023. Expert Discovery due by 10/6/2023. Fact Discovery due by 10/6/2023. In Limine Motions due by 3/15/2024. Dispositive Motions due by 11/3/2023. Motions due by 11/3/2023. Pretrial Stipulation due by 3/15/2024. Signed by Judge Aileen M. Cannon on 5/31/2023. See attached document for full details. (scn) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
May 31, 2023 Filing 101 REPLY to Response to Motion re #95 Motion to Continue Trial and Enlarge all Remaining Case Deadlines filed by United States of America. (Darwit, Lauren)
May 30, 2023 Opinion or Order Filing 100 ORDER ON PLAINTIFF'S OBJECTIONS TO DISCOVERY ORDER: Denying #87 Appeal/Objection of Magistrate Judge Order to District Court. Plaintiff shall comply with the Discovery Order on or before June 23, 2023. Signed by Judge Aileen M. Cannon on 5/30/2023. See attached document for full details. (scn)
May 25, 2023 Opinion or Order Filing 99 PAPERLESS ORDER: On or before June 2, 2023, Defendants shall file a response to Plaintiff's Objections to Magistrate Judge's Order re Additional Depositions #98 . Signed by Judge Aileen M. Cannon on 5/25/2023. (kts)
May 25, 2023 Set Deadline per DE#99 as to #98 OBJECTION of Magistrate Judge 94 Order, to District Court. Responses due by 6/2/2023. (scn)
May 24, 2023 Filing 98 OBJECTION of Magistrate Judge 94 Order,, to District Court (Levine, Julie)
May 24, 2023 Filing 97 RESPONSE in Opposition re #95 Motion to Continue Trial filed by Celia R Clark. Replies due by 5/31/2023. (Levine, Julie)
May 22, 2023 Filing 96 STIPULATION Regarding the Authenticity of Documents Produced by Plaintiff Celia R. Clark to the Internal Revenue Service by United States of America (Darwit, Lauren)
May 17, 2023 Filing 95 MOTION to Amend/Correct #17 Scheduling Order,,,, Order Referring Case to Magistrate Judge,,, by United States of America. Responses due by 5/31/2023 (Attachments: #1 Text of Proposed Order)(Darwit, Lauren) Event type Modified on 5/17/2023 (scn).
May 11, 2023 Opinion or Order Filing 94 PAPERLESS ORDER re #92 Parties' Joint Discovery Memorandum. The Government's request to conduct additional depositions is GRANTED. The Court finds that the Government has shown good cause for conducting a total of 18 depositions. Any depositions of Plaintiff's customers and employees (current or former) shall be limited to four (4) hours each. All other depositions are entitled to the seven (7) hours permitted under Fed. R. Civ. P. 30(d)(1). Signed by Magistrate Judge Bruce E. Reinhart on 5/11/2023. (hk02)
May 11, 2023 Filing 93 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Telephone Discovery Hearing on DE 92 held on 5/11/2023. Total time in court: 45 minutes. (Digital BER_1_5.11.2023) (hk02)
May 9, 2023 Filing 92 Statement of: Discovery Hearing Positions (Joint Memorandum) by United States of America (Darwit, Lauren)
May 5, 2023 Opinion or Order Filing 91 PAPERLESS Order setting a Telephone Discovery Hearing on 5/11/2023 at 11:00 AM before Magistrate Judge Bruce E. Reinhart. Counsel shall appear telephonically using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 5/5/2023. (hk02)
May 2, 2023 Filing 90 REPLY IN SUPPORT OF OBJECTIONS TO NON-DISPOSITIVE MAGISTRATE JUDGE ORDER re #87 OBJECTION of Magistrate Judge #86 Order, to District Court filed by Celia R Clark. (Vollrath, Derick) Modified text on 5/3/2023 (ebz).
April 27, 2023 Filing 89 RESPONSE to Motion re #87 OBJECTION of Magistrate Judge #86 Order, to District Court filed by United States of America. Replies due by 5/4/2023. (Darwit, Lauren)
April 20, 2023 Opinion or Order Filing 88 PAPERLESS ORDER: On or before April 27, 2023, Defendants shall file a response to Plaintiff's Objections to Magistrate Judge's Order re Attorney-Client Privilege #87 . Signed by Judge Aileen M. Cannon on 4/20/2023. (kts)
April 20, 2023 Set Deadline per DE#88 as to #87 OBJECTION of Magistrate Judge #86 Order, to District Court. Responses due by 4/27/2023. (scn)
April 19, 2023 Filing 87 OBJECTION of Magistrate Judge #86 Order, to District Court (Vollrath, Derick)
April 5, 2023 Opinion or Order Filing 86 ORDER on Plaintiff's invocation of the attorney-client privilege following the Court's in camera review of a sampling of withheld documents. Signed by Magistrate Judge Bruce E. Reinhart on 4/5/2023. See attached document for full details. (hk02)
March 23, 2023 Opinion or Order Filing 85 ORDER GRANTING IN PART #83 DEFENDANTS' MOTION TO AMEND SCHEDULING ORDER AND ENTERING SECOND AMENDED SCHEDULING ORDER: JURY TRIAL set for 2/12/2024 at 09:00 AM in Fort Pierce Division before Judge Aileen M. Cannon. CALENDAR CALL set for 2/6/2024 at 01:45 PM in Fort Pierce Division before Judge Aileen M. Cannon. Discovery due by 8/7/2023. Expert Discovery due by 8/7/2023. Fact Discovery due by 8/7/2023. In Limine Motions due by 1/16/2024. Dispositive Motions due by 9/4/2023. Motions due by 9/4/2023. Pretrial Stipulation due by 1/16/2024. Signed by Judge Aileen M. Cannon on 3/23/2023. See attached document for full details. (caw) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
March 23, 2023 Set/Reset Deadlines/Hearings Calendar Call set for 2/6/2024 at 01:45 AM in Fort Pierce Division before Judge Aileen M. Cannon. (caw)
March 22, 2023 Filing 84 RESPONSE in Opposition re #83 MOTION to Amend/Correct #17 Scheduling Order,,,, Order Referring Case to Magistrate Judge,,, filed by Celia R Clark. Replies due by 3/29/2023. (Vollrath, Derick)
March 9, 2023 Filing 83 MOTION to Amend the #17 Scheduling Order and Continue Trial by United States of America. Responses due by 3/23/2023. (Attachments: #1 Text of Proposed Order)(Darwit, Lauren) Text Modified on 3/10/2023 (scn).
March 9, 2023 Filing 82 STATUS REPORT (JOINT) by United States of America (Darwit, Lauren)
February 27, 2023 Opinion or Order Filing 81 ORDER FOLLOWING STATUS CONFERENCE. Joint Status Report due by 3/9/2023. Signed by Judge Aileen M. Cannon on 2/27/2023. See attached document for full details. (caw)
February 27, 2023 Filing 80 PAPERLESS Minute Entry for proceedings held before Judge Aileen M. Cannon: Zoom Status Conference held on February 27, 2023. The parties updated the Court on the status of discovery disputes, settlement negotiations, and a potential motion to stay filed by Defendants. Neither party reported any issues with the Court's current deadlines #44 68 . Order requiring status report to follow. Total time in court: 12 minutes. Attorney Appearances: Derick Roberson Vollrath, Jeffrey Adam Neiman, and Julie Ann Levine (Counsel for Plaintiff) and Elisabeth Kryska, Lauren A. Darwit, and Virginia Giannini (Counsel for Defendants). Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@flsd.uscourts.gov. (aes)
February 23, 2023 Filing 79 MEDIATION REPORT by David H. Lichter. Disposition: Adjourned.(Lichter, David)
February 17, 2023 Filing 78 RESPONSE to #77 Supplement, by Celia R Clark. (Attachments: #1 Exhibit Letter)(Levine, Julie)
February 3, 2023 Filing 77 SUPPLEMENT to #74 Statement of Discovery Hearing Positions by United States of America (Attachments: #1 Second Declaration of Lauren A. Darwit, #2 Darwit Decl. Exhibit A, #3 Darwit Decl. Exhibit B, #4 Darwit Decl. Exhibit C)(Darwit, Lauren)
February 2, 2023 Filing 76 NOTICE of Supreme Court Order by Celia R Clark. (Attachments: #1 Exhibit) (Levine, Julie) Text Modified on 2/3/2023 (scn).
January 20, 2023 Opinion or Order Filing 75 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Telephone Discovery Hearing held on 1/20/2023 and MINUTE ORDER re #74 Joint Discovery Memorandum. By 2/3/20 the Government may file a legal brief regarding waiver of attorney-client privilege. Plaintiff shall have 2 weeks to file a response. Signed by Magistrate Judge Bruce E. Reinhart on 1/20/2023.Total time in court: 1 hour. (Digital BER_3_1.20.2023) (hk02)
January 17, 2023 Filing 74 Statement of: Discovery Hearing Positions (Joint Memorandum) by Internal Revenue Service, United States of America (Attachments: #1 Notice of Conventional Filing)(Darwit, Lauren)
January 13, 2023 Filing 73 NOTICE of Attorney Appearance by William Chang on behalf of United States of America. Attorney William Chang added to party United States of America(pty:dft). (Chang, William)
January 6, 2023 Opinion or Order Filing 72 PAPERLESS Order setting a telephone Discovery Hearing for 1/20/2023 at 1:00 PM before Magistrate Judge Bruce E. Reinhart. Counsel shall email the sampling of 40 documents for the Court's in camera review to reinhart@flsd.uscourts.gov by 12:00 p.m. noon on Tuesday, January 17, 2023. Counsel shall also provide Plaintiff's privilege log, which should explain the identity of all individuals listed in the log. Counsel's joint discovery memorandum, not to exceed 15 pages, shall also be filed by this deadline. Counsel shall appear telephonically using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 1/6/2023. (hk02)
January 3, 2023 Filing 71 Letter to Clerk from Joseph P. Wohrle re pro hac vice admission (pcs)
December 20, 2022 Opinion or Order Filing 70 PAPERLESS ORDER granting #69 Defendant United States' Unopposed Motion for Partial Relief from Requirement that a Representative with Full Settlement Authority Attend the Mediation in Person. Defendant is relieved from the requirement in Local Rule 16.2(e) that a representative with full settlement authority attend the mediation conference in this case. The trial attorneys assigned to handle the litigation of this case shall attend the mediation conference in person, with the Chief of the Trial Section, Central Region, and IRS Deputy Chief Counsel available for consultation by telephone during the mediation if needed. Signed by Judge Aileen M. Cannon on 12/20/2022. (kts)
December 19, 2022 Filing 69 Unopposed MOTION for Partial Relief from Requirement that a Representative with Full Settlement Authority Attend the Mediation in Person re #24 ORDER Scheduling Mediation by United States of America. (Attachments: #1 Text of Proposed Order)(Giannini, Virginia)
December 12, 2022 Opinion or Order Filing 68 PAPERLESS ORDER granting #67 Joint Motion to Amend the Scheduling Order. The parties shall exchange expert witness summaries or reports on or before April 5, 2023. The parties shall exchange rebuttal expert witness summaries or reports on or before May 3, 2023. All discovery shall be completed by June 7, 2023. The parties shall file all pre-trial motions, including motions for summary judgment and Daubert motions, on or before June 23, 2023. The Court's First Amended Scheduling Order #44 remains in effect except as amended by this Order. Signed by Judge Aileen M. Cannon on 12/12/2022. (kts)
December 12, 2022 Reset Scheduling Order Deadlines per DE#68: Discovery due by 6/7/2023. Expert Discovery due by 6/7/2023. Fact Discovery due by 6/7/2023. In Limine Motions due by 6/23/2023. Dispositive Motions due by 6/23/2023. Motions due by 6/23/2023. (scn)
December 9, 2022 Filing 67 Joint MOTION to Amend/Correct #17 Scheduling Order,,,, Order Referring Case to Magistrate Judge,,, by Celia R Clark. Responses due by 12/27/2022 (Attachments: #1 Text of Proposed Order)(Levine, Julie)
December 5, 2022 Filing 66 NOTICE of Attorney Appearance by Elisabeth Kryska on behalf of United States of America. Attorney Elisabeth Kryska added to party United States of America(pty:dft). (Kryska, Elisabeth)
December 1, 2022 Filing 65 CLERK'S NOTICE - Attorney Admissions has updated the address information for attorney Julie Ann Levine re #64 Notice of Change of Address, Email or Law Firm Name. (cw)
December 1, 2022 Filing 64 NOTICE of Change of Address, Email or Law Firm Name by Julie Ann Levine (Levine, Julie)
November 28, 2022 Opinion or Order Filing 63 ORDER GRANTING PARTIES' #62 JOINT MOTION FOR ENTRY OF A RULE 502(d) ORDER (ECF NO. 62). Signed by Magistrate Judge Bruce E. Reinhart on 11/28/2022. See attached document for full details. (scn)
November 28, 2022 Filing 62 Joint MOTION for Rule 502(d) Order by Celia R Clark. (Attachments: #1 Text of Proposed Order Proposed Order)(Vollrath, Derick)
November 27, 2022 Filing 61 PAPERLESS NOTICE of Hearing: Status conference scheduled for 2/27/2023 at 9:45 A.M. in Fort Pierce Division before Judge Aileen M. Cannon via the Zoom platform. The Zoom link and information will be emailed to all parties of record. (kts)
November 22, 2022 Opinion or Order Filing 60 ORDER MEMORIALIZING DISCOVERY RULINGS (ECF NO. 58) Signed by Magistrate Judge Bruce E. Reinhart on 11/22/2022. See attached document for full details. (pcs)
November 21, 2022 Filing 59 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Telephone Discovery Hearing held on 11/21/2022 re: DE 58. Written order to be issued separately. Total time in court: 1 hour : 10 minutes. (Digital BER_2_11.21.2022) (hk02)
November 18, 2022 Filing 58 Statement of: Discovery Hearing Positions (Joint) by Celia R Clark re 57 Order Setting/Cancelling Hearing, (Attachments: #1 Exhibit IRM Excerpts re Administrative Files, #2 Exhibit Letters Re Admin Records, #3 Exhibit Plaintiff's Second RPDs with Written Responses)(Vollrath, Derick)
November 16, 2022 Opinion or Order Filing 57 PAPERLESS Order setting a Telephone Discovery Hearing for 11/21/2022 at 3:00 PM before Magistrate Judge Bruce E. Reinhart. Counsel shall appear telephonically using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 11/16/2022. (hk02)
November 15, 2022 Opinion or Order Filing 56 PAPERLESS ORDER granting #55 Defendants' Motion to Withdraw as Attorney. Eric M. Aberg representing United States of America (Defendant) is hereby withdrawn from the case. Signed by Magistrate Judge Bruce E. Reinhart on 11/15/2022. (hk02)
November 15, 2022 Filing 55 MOTION to Withdraw as Attorney by Eric Aberg for / by United States of America. Responses due by 11/29/2022 (Aberg, Eric)
November 2, 2022 Opinion or Order Filing 54 PAPERLESS ORDER granting #53 Defendants' Motion to Withdraw as Attorney. John P. Nasta representing Defendants United States of America and Internal Revenue Service is hereby withdrawn from the case. Signed by Magistrate Judge Bruce E. Reinhart on 11/2/2022. (hk02)
November 2, 2022 Filing 53 MOTION to Withdraw as Attorney by John P. Nasta, Jr. for / by United States of America. Responses due by 11/16/2022 (Nasta, John)
October 26, 2022 Opinion or Order Filing 52 PAPERLESS ORDER re #50 parties' Joint Statement setting forth their discovery disputes. By November 2, 2022, Defendants shall identify five (5) of Plaintiff's clients for which they seek a representative sampling of the discovery sought. By November 28, 2022, Plaintiff shall have conducted a search for responsive emails exchanged with those five clients, prepared a meaningful privilege log under Local Rule 26.1(e)(2), and produced any responsive documents for a which a privilege is not asserted. Counsel are ordered to confer regarding any objections to the privilege log. If unresolved objections persist, counsel shall email the Court (reinhart@flsd.uscourts.gov) and propose three mutually agreeable dates for the Court to conduct a hearing. Plaintiff's request for a protective/confidentiality order is denied because the criteria set forth in Fed. R. Civ. P. 26(c) has not been satisified. Signed by Magistrate Judge Bruce E. Reinhart on 10/26/2022. (hk02)
October 26, 2022 Filing 51 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Telephone Discovery Hearing re: DE 50 held on 10/26/2022. Total time in court: 1 hour. (Digital BER_1_10.26.2022) (hk02)
October 21, 2022 Filing 50 Statement of: Discovery Hearing Positions (Joint Memorandum) by United States of America (Attachments: #1 Notice of Conventional Filing of Attachments)(Aberg, Eric)
October 19, 2022 Opinion or Order Filing 49 PAPERLESS Order RESETTING the Telephone Discovery Hearing (previously scheduled for 10/21/22) for 10/26/2022 at 12:00 PM before Magistrate Judge Bruce E. Reinhart. Counsel shall use the conference call instructions previously provided. Signed by Magistrate Judge Bruce E. Reinhart on 10/19/2022. (hk02)
October 18, 2022 Filing 48 NOTICE of Attorney Appearance by Julie Ann Levine on behalf of Celia R Clark. Attorney Julie Ann Levine added to party Celia R Clark(pty:pla). (Levine, Julie)
October 14, 2022 Opinion or Order Filing 47 PAPERLESS Order RESETTING the Telephonic Discovery Hearing on 10/21/2022 to 3:30 PM before Magistrate Judge Bruce E. Reinhart. **NOTE: TIME CHANGE ONLY** Signed by Magistrate Judge Bruce E. Reinhart on 10/14/2022. (hk02)
October 14, 2022 Opinion or Order Filing 46 PAPERLESS Order setting a Telephone Discovery Hearing for 10/21/2022 at 2:00 PM before Magistrate Judge Bruce E. Reinhart. Counsel shall appear telephonically using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. The parties' request to exceed the page limit for their joint discovery memorandum is granted; it shall not exceed 10 pages. Signed by Magistrate Judge Bruce E. Reinhart on 10/14/2022. (hk02)
August 30, 2022 Filing 45 STIPULATION Between Celia R. Clark and United States of America Regarding Depositions by United States of America (Aberg, Eric)
August 25, 2022 Opinion or Order Filing 44 ORDER GRANTING JOINT MOTION TO AMEND DEADLINES [ECF No. 39] AND ENTERING FIRST AMENDED SCHEDULING ORDER: Jury Trial set for 12/4/2023 9:00 AM in Fort Pierce Division before Judge Aileen M. Cannon. Calendar Call set for 11/28/2023 1:45 PM in Fort Pierce Division before Judge Aileen M. Cannon. Discovery due by 5/8/2023. Expert Discovery due by 5/8/2023. Fact Discovery due by 5/8/2023. Mediation Deadline 3/7/2023. In Limine Motions due by 10/3/2023. Dispositive Motions due by 6/9/2023. Motions due by 6/9/2023. Pretrial Stipulation due by 10/3/2023. Signed by Judge Aileen M. Cannon on 8/25/2022. See attached document for full details. (scn) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
August 24, 2022 Opinion or Order Filing 43 ORDER MEMORIALIZING DISCOVERY RULINGS (ECF NO. 41). Signed by Magistrate Judge Bruce E. Reinhart on 8/24/2022. See attached document for full details. (scn)
August 24, 2022 Filing 42 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Telephone Discovery Hearing on DE 41 held on 8/24/2022. Total time in court: 1 hour : 8 minutes. (Digital BER_1_8.24.2022) (hk02)
August 22, 2022 Filing 41 Statement of: Discovery Hearing Positions (Joint) by Celia R Clark re 38 Order Setting/Cancelling Hearing, (Attachments: #1 Exhibit Clark's Interrogatories to Government, #2 Exhibit Government's Response to Clark's Interrogatories, #3 Exhibit Clark's Request for Production of Documents to Government, #4 Exhibit Government's Response to Clark's Request for Production of Documents)(Vollrath, Derick)
August 19, 2022 Filing 40 Amended ANSWER to #7 Answer to Complaint, Counterclaim by Celia R Clark. (Vollrath, Derick)
August 19, 2022 Filing 39 Joint MOTION to Amend/Correct #17 Scheduling Order,,,, Order Referring Case to Magistrate Judge,,, by Internal Revenue Service, United States of America. Responses due by 9/2/2022 (Attachments: #1 Text of Proposed Order)(Darwit, Lauren)
August 15, 2022 Opinion or Order Filing 38 PAPERLESS Order setting Telephone Discovery Hearing for 8/24/2022 at 3:00 PM before Magistrate Judge Bruce E. Reinhart. Counsel shall appear telephonically using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 8/15/2022. (hk02)
July 18, 2022 Opinion or Order Filing 37 ORDER denying #6 Motion to Dismiss Count II; denying #25 Motion to Sever/Bifurcate. Signed by Judge Aileen M. Cannon on 7/18/2022. See attached document for full details. (scn)
July 15, 2022 Filing 36 NOTICE by Celia R Clark re 34 Discovery Hearing (Notice of Filing Hearing Submissions) (Attachments: #1 Exhibit Email to Chambers, #2 Exhibit Rule 26, #3 Exhibit United States v. Snyder, #4 Exhibit Snyder Complaint, #5 Exhibit Noble Romans Case, #6 Exhibit IDRs 2-5, #7 Exhibit IRS Correspondence and IDR 1, #8 Exhibit Interview, #9 Exhibit IRS Correspondence, #10 Exhibit IRS Correspondence, #11 Exhibit IRS Correspondence, #12 Exhibit IRS Correspondence, #13 Exhibit IRS Correspondence, #14 Exhibit Government's First RPDs, #15 Exhibit Government's First Interrogatories) (Vollrath, Derick)
July 14, 2022 Opinion or Order Filing 35 ORDER MEMORIALIZING DISCOVERY RULINGS (ECF NO. 31). Signed by Magistrate Judge Bruce E. Reinhart on 7/14/2022. See attached document for full details. (scn)
July 14, 2022 Filing 34 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Telephonic Discovery Hearing on DE 31 held on 7/14/2022. Total time in court: 1 hour. (Digital BER_1_7.14.2022) (hk02)
July 13, 2022 Filing 33 NOTICE of Attorney Appearance by Eric M. Aberg on behalf of United States of America. Attorney Eric M. Aberg added to party United States of America(pty:dft). (Aberg, Eric)
July 13, 2022 Filing 32 NOTICE of Attorney Appearance by Virginia Giannini on behalf of United States of America. Attorney Virginia Giannini added to party United States of America(pty:dft). (Giannini, Virginia)
July 12, 2022 Filing 31 Statement of: Discovery Hearing Positions (Joint) by Celia R Clark re 30 Order Setting/Cancelling Hearing, (Vollrath, Derick)
July 6, 2022 Opinion or Order Filing 30 PAPERLESS Order setting a Telephone Discovery Hearing for 7/14/2022 at 2:00 PM before Magistrate Judge Bruce E. Reinhart. Counsel shall appear telephonically using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 7/6/2022. (hk02)
July 1, 2022 Filing 29 REPLY to Response to Motion re #25 MOTION to Sever Count II MOTION to Bifurcate Count II MOTION to Stay Discovery on Count II filed by Internal Revenue Service, United States of America. (Nasta, John)
June 24, 2022 Filing 28 RESPONSE in Opposition re #25 MOTION to Sever Count II MOTION to Bifurcate Count II MOTION to Stay Discovery on Count II filed by Celia R Clark. Replies due by 7/1/2022. (Vollrath, Derick)
June 10, 2022 Reset Deadline per DE#27 as to #25 MOTION to Sever Count II MOTION to Bifurcate Count II MOTION to Stay Discovery on Count II. Responses due by 6/24/2022. (scn)
June 9, 2022 Opinion or Order Filing 27 PAPERLESS ORDER granting Plaintiff's #26 Unopposed Motion for Extension of Time to Respond to The United States' Motion #25 . Plaintiff shall respond to Defendant's #25 Motion on or before June 24, 2022. Signed by Judge Aileen M. Cannon on 6/9/2022. (ad)
June 7, 2022 Filing 26 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #25 MOTION to Sever Count II MOTION to Bifurcate Count II MOTION to Stay Discovery on Count II by Celia R Clark. (Attachments: #1 Text of Proposed Order Proposed Order)(Vollrath, Derick)
May 27, 2022 Filing 25 MOTION to Sever Count II ( Responses due by 6/10/2022), MOTION to Bifurcate Count II ( Responses due by 6/10/2022), MOTION to Stay Discovery on Count II by Internal Revenue Service, United States of America. (Nasta, John)
May 19, 2022 Opinion or Order Filing 24 ORDER Scheduling Mediation before David Lichter Mediation Hearing set for 2/23/2023 10:00 AM Signed by Judge Aileen M. Cannon on 5/19/2022. See attached document for full details. (pcs)
May 18, 2022 Opinion or Order Filing 23 PAPERLESS ORDER cancelling the motion hearing 20 set for 6/2/2022 before Judge Cannon. The Court will issue a ruling on Defendant's #6 Motion to Dismiss without a hearing. Accordingly, Plaintiff's #21 Unopposed Motion for Continuance of Hearing on Defendant's Motion to Dismiss is DENIED AS MOOT. Signed by Judge Aileen M. Cannon on 5/18/2022. (ad)
May 18, 2022 Filing 22 Joint NOTICE of Mediator Selection and Hearing. Selected/Added David H. Lichter as Mediator. Mediation Hearing set for 2/23/2023 at 10:00 a.m.. (Attachments: #1 Text of Proposed Order)(Giannini, Virginia)
May 18, 2022 Motion Hearing scheduled for 6/2/2022 is canceled. (tgs)
May 16, 2022 Filing 21 Unopposed MOTION to Continue Hearing re 20 Notice re Hearing, by Celia R Clark. Responses due by 5/31/2022 (Attachments: #1 Text of Proposed Order Proposed Order)(Vollrath, Derick)
May 16, 2022 Filing 20 PAPERLESS NOTICE of Hearing: re #6 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, Count II MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM Count II Motion Hearing set for 6/2/2022 02:00 PM in Fort Pierce Division before Judge Aileen M. Cannon via the Zoom platform. The Zoom link and information will be emailed to the parties of record. (tgs)
April 28, 2022 Filing 19 NOTICE of Change of Address, Email or Law Firm Name by John P. Nasta (Nasta, John)
April 25, 2022 Opinion or Order Filing 18 STANDING DISCOVERY ORDER for Magistrate Judge Bruce Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 4/25/2022. See attached document for full details. (ls)
April 22, 2022 Opinion or Order Filing 17 SCHEDULING ORDER: ( Jury Trial set for 8/14/2023 09:00 AM in Fort Pierce Division before Judge Aileen M. Cannon., Calendar Call set for 8/8/2023 01:45 PM in Fort Pierce Division before Judge Aileen M. Cannon., Amended Pleadings due by 7/1/2022., Discovery due by 2/7/2023., Expert Discovery due by 2/7/2023., Joinder of Parties due by 7/1/2022., Mediation Deadline 3/7/2023., In Limine Motions due by 7/3/2023., Motions due by 4/1/2023., Pretrial Stipulation due by 7/3/2023.), and ORDER REFERRING CASE to Magistrate Judge Bruce E. Reinhart for Discovery Matters. Signed by Judge Aileen M. Cannon on 4/22/2022. See attached document for full details. (ls) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
April 15, 2022 Filing 16 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Celia R Clark (Vollrath, Derick)
April 15, 2022 Filing 15 Certificate of Other Affiliates/Corporate Disclosure Statement by Internal Revenue Service, United States of America (Darwit, Lauren)
April 15, 2022 Filing 14 Joint SCHEDULING REPORT - Rule 16.1 by Internal Revenue Service, United States of America (Attachments: #1 Text of Proposed Order)(Darwit, Lauren)
April 1, 2022 Filing 13 REPLY to Response to Motion re #6 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, Count II MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM Count II filed by Internal Revenue Service, United States of America. (Nasta, John)
March 25, 2022 Filing 12 ANSWER to Counterclaim by Celia R Clark. (Vollrath, Derick)
March 25, 2022 Filing 11 RESPONSE in Opposition re #6 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, Count II MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM Count II filed by Celia R Clark. Replies due by 4/1/2022. (Attachments: #1 Affidavit Declaration of C. Clark)(Vollrath, Derick)
March 21, 2022 Opinion or Order Filing 10 Order Requiring Joint Scheduling Report and Certificates of Interested Parties. Joint Scheduling Report due by 4/15/2022. Signed by Judge Aileen M. Cannon on 3/21/2022. See attached document for full details. (ls)
March 2, 2022 Opinion or Order Filing 9 PAPERLESS ORDER granting Plaintiff's #8 Unopposed Motion for Extension of Time to Respond to Defendants' Motion to Dismiss and Reply to Defendants' Answer. Plaintiff shall respond to Defendants' Motion to Dismiss and respond to Defendants' Counterclaim on or before March 25, 2022. Signed by Judge Aileen M. Cannon on 3/2/2022. (ad)
March 2, 2022 Reset Response/Answer Due Deadline: Celia R Clark response/answer due 3/25/2022., Reset Deadlines as to #6 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, Count II MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM Count II.( Responses due by 3/25/2022) (ls)(per DE #9)
March 1, 2022 Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #7 Answer to Complaint, Counterclaim, #6 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, Count II MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM Count II by Celia R Clark. (Attachments: #1 Text of Proposed Order Proposed Order)(Vollrath, Derick)
February 24, 2022 Filing 7 ANSWER and Affirmative Defenses to Complaint , COUNTERCLAIM against Celia R Clark by Internal Revenue Service, United States of America. (Darwit, Lauren)
February 23, 2022 Filing 6 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, Count II, MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM Count II ( Responses due by 3/9/2022) by Internal Revenue Service, United States of America. Attorney John P. Nasta added to party Internal Revenue Service(pty:dft), Attorney John P. Nasta added to party United States of America(pty:dft). (Attachments: #1 Exhibit 1, Letters from Clark to the IRS, #2 Exhibit 2, Declaration of John Nasta)(Nasta, John)
January 11, 2022 Opinion or Order Filing 5 PAPERLESS ORDER granting in part and denying in part Defendant's #4 Unopposed Motion for Extension of Time to Respond to Clark's Complaint. Defendant shall file an answer or other responsive pleading on or before February 24, 2022. Signed by Judge Aileen M. Cannon on 1/11/2022. (ad)
January 10, 2022 Filing 4 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Internal Revenue Service, UNITED STATES OF AMERICA. Attorney Lauren A. Darwit added to party Internal Revenue Service(pty:dft), Attorney Lauren A. Darwit added to party UNITED STATES OF AMERICA(pty:dft). (Attachments: #1 Text of Proposed Order)(Darwit, Lauren)
November 15, 2021 Filing 3 Summons Issued as to Internal Revenue Service, UNITED STATES OF AMERICA, U.S. Attorney and U.S. Attorney General (Attachments: #1 Summons Issued to IRS)(scn)
November 11, 2021 Filing 2 Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Bruce E. Reinhart 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. (scn)
November 11, 2021 Filing 1 COMPLAINT and Demand for Jury Trial against All Plaintiffs. Filing fees $ 402.00 receipt number AFLSDC-15166006, filed by Celia R Clark. (Attachments: #1 Exhibit Refund Claims (Redacted), #2 Exhibit Rejection of Refund Claims (Redacted), #3 Civil Cover Sheet Civil Cover Sheet, #4 Summon(s) United States, #5 Summon(s) Internal Revenue Service)(Vollrath, Derick)

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Search for this case: Clark v. United States of America et al
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Counter defendant: Celia R Clark
Represented By: Derick Roberson Vollrath
Represented By: Jeffrey Adam Neiman
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Defendant: United States
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Defendant: Internal Revenue Service
Represented By: Lauren A. Darwit
Represented By: John P. Nasta
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Counter claimant: UNITED STATES OF AMERICA
Represented By: Lauren A. Darwit
Represented By: John P. Nasta
Represented By: Elisabeth Kryska
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