UNITED STATES OF AMERICA v. DuBois et al
| UNITED STATES OF AMERICA |
| Robert M. DuBois, Jr. and Joan C. DuBois |
| 9:2023cv80279 |
| February 22, 2023 |
| US District Court for the Southern District of Florida |
| William P Dimitrouleas |
| Ryon M McCabe |
| Taxes |
| 26 U.S.C. § 7403 Suit to Enforce Federal Tax Lien |
| Defendant |
Docket Report
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This docket was last retrieved on December 27, 2023. A more recent docket listing may be available from PACER.
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| Filing 36 CERTIFICATE of Compliance Re Admitted Evidence for exhibit(s): A - N RE HEARING ON 04-19-23 by Peter Marshall Feaman on behalf of Joan C. DuBois (Feaman, Peter) |
| Filing 35 HEARING EXHIBITS TO HEARING ON 04-19-23 EXHIBITS A, B, C, D, E, F, G, H, I, J, K, L, M, N by Joan C. DuBois. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Feaman, Peter) |
| Filing 34 HEARING EXHIBITS 1-17 by UNITED STATES OF AMERICA. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17)(Rill, Jeremy) |
| Filing 33 CLERK'S Notice of Policy re Electronic Submission of Exhibit(s) received from Government/Defendant Re D.E. #31 Exhibit and Witness List. Exhibit Numbers: Government 1-17, Defendant A-M Local Rule 5.3 provides that within ten (10) days of the conclusion of a hearing or trial, a party must file in CM/ECF an electronic version of most exhibits offered or introduced into evidence. Before electronically filing, the filer must redact any sensitive, confidential, or private information in accordance with Fed. R. Civ. P. 5.2, Fed. R. Crim. P. 49.1, and CM/ECF Administrative Procedures, Section 6, or seek an order from the Court either to seal the exhibit or to exempt the exhibit from electronic filing under subsection (b)(3)(C) of the rule. Failure to electronically file exhibits and the Certificate of Compliance Re Admitted Evidence within ten (10) days may result in the imposition of sanctions. The Local Rule, the Certificate of Compliance Re Admitted Evidence, and the Quick Reference Guide to Electronically Filing Trial Exhibits can be found on the Courts website: http://www.flsd.uscourts.gov (nwn) |
| Filing 32 CLERK'S Notice of Receipt of Exhibit(s) received from CRD Re D.E. #31 Exhibit and Witness List. Exhibit Numbers: Government 1-17, Defendant A-M For retrieval information, please contact the Clerks Office - Records Section of the Paul G. Rogers Federal Building and U.S. Courthouse, 701 Clematis Street, Room 202, West Palm Beach, FL 33401, (561) 803-3400. (nwn) |
| Filing 31 Court Exhibit and Witness List from 4/19/2023 evidentiary hearing. (spe) |
| Filing 30 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Ryon M. McCabe: Evidentiary Hearing held on 4/19/2023. Parties present with counsel, and invoked the rule to separate witnesses. Evidence and argument presented. Witnesses Robert DuBois, Jr. and Peter Feaman sworn and testimony provided. Plaintiff's exhibits 1-17 admitted without objection; Defense exhibits A-M admitted without objection. Parties have until 5:00 P.M. on April 24, 2023 to file additional caselaw. Matter taken under advisement; written Report and Recommendation to follow. Total time in court: 2 hour(s) : 51 minutes. Attorney Appearance(s): Peter Marshall Feaman, Gordon A. Dieterle, Jeremy A. Rill. Court Reporter: Jill Wells, 305-523-5158 / Jill_Wells@flsd.uscourts.gov. (Digital 12:59:04) (spe) |
Filing 29
ORDER granting #27 Motion to Bring Electronic Equipment into the courtroom. Signed by Magistrate Judge Ryon M. McCabe on 4/12/2023. See attached document for full details. (spe)
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| Filing 28 NOTICE of Attorney Appearance by Gordon A. Dieterle on behalf of Joan C. DuBois. Attorney Gordon A. Dieterle added to party Joan C. DuBois(pty:dft). (Dieterle, Gordon) |
| Filing 27 MOTION to Bring Electronic Equipment into the courtroom for hearing on 04/19/2023 by Joan C. DuBois. Responses due by 4/26/2023 (Feaman, Peter) |
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Filing 26
PAPERLESS ORDER: The Court has reviewed Defendants' Motion to Allow Equipment in Courtroom #25 . The Motion requests that certain attorneys "as well as members of Champion Legal" be permitted to bring certain electronic equipment into the courthouse for the evidentiary hearing on April 19, 2023. This request is insufficient to satisfy the Administrative Orders regarding electronic devices (available at https://www.flsd.uscourts.gov/prohibited-electronic-devices). For instance, if the "members of Champion Legal" seek an order to qualify for exception A in AO 2018-79, a specific person with a specific device must be identified. Accordingly, the Motion is Denied #25 without prejudice. Signed by Magistrate Judge Ryon M. McCabe on 4/12/2023. (jb02)
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| Filing 25 MOTION to Bring Electronic Equipment into the courtroom for hearing on 04/19/2023 by Joan C. DuBois. Responses due by 4/25/2023 (Feaman, Peter) |
| Filing 24 Exhibit and Witness List of Defendants to Hearing on 04/19/2023 by Joan C. DuBois.. (Feaman, Peter) |
| Filing 23 Exhibit and Witness List by UNITED STATES OF AMERICA.. (Rill, Jeremy) |
| Filing 22 DEFENDANTS ANSWER and Affirmative Defenses to Complaint with Jury Demand by Joan C. DuBois. (Feaman, Peter) |
| Filing 21 REPLY to Response to Motion re #4 MOTION for Preliminary Injunction filed by UNITED STATES OF AMERICA. (Attachments: #1 Exhibit DuBois v. Haley Third Amended Complaint, #2 Exhibit DuBois v. Perry Complaint, #3 Exhibit DuBois v. Haley Motion for Partial Summary Judgment, #4 Exhibit DuBois v. Perry Motion to Proffer and for Leave to Amend Complaint)(Rill, Jeremy) |
| Filing 20 NOTICE by Joan C. DuBois re #16 Response in Opposition to Motion, Deposition Transcript of Robert M. Dubois, Jr. (Attachments: #1 Exhibit 1) (Feaman, Peter) |
| Filing 19 NOTICE by Joan C. DuBois re #16 Response in Opposition to Motion, Deposition Transcript of Joyce Haley (Attachments: #1 Exhibit 1) (Feaman, Peter) |
| Filing 18 NOTICE by Joan C. DuBois re #16 Response in Opposition to Motion, Deposition Transcript of Joan C Dubois (Attachments: #1 Exhibit 1) (Feaman, Peter) |
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Filing 17
PAPERLESS ORDER: An evidentiary hearing on Plaintiff's Motion for Preliminary Injunction #4 is set to take place on April 19, 2023 at 1:00 PM in the West Palm Beach Division, 4th Floor, Courtroom 2. Three hours reserved. Each side shall file their respective list of proposed witnesses and exhibits by or April 11, 2023. Plaintiff's exhibits shall be identified in numerical order (1, 2, 3, etc.), and Defendants' exhibits shall be identified in alphabetical order (A, B, C, etc.). The parties shall set forth the number or letter, and description of each exhibit. Each list shall conform to Form AO 187 (available at http://www.uscourts.gov/sites/default/files/ao187.pdf). All exhibits shall be pre-marked to correspond to the list. Signed by Magistrate Judge Ryon M. McCabe on 3/24/2023. (jb02) Modified on 4/6/2023 to reflect courtroom change (spe).
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| Filing 16 RESPONSE in Opposition re #4 MOTION for Preliminary Injunction filed by Robert M. Dubois, Jr. and filed by Joan C. DuBois. Replies due by 3/31/2023. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Feaman, Peter) |
| Filing 15 NOTICE by UNITED STATES OF AMERICA re 11 Order,,, Regarding Evidentiary Hearing (Rill, Jeremy) |
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Filing 14
ORDER granting #13 Motion for Extension of Time to File Answer to a Complaint or Other Case Initiating Document Joan C. DuBois. Answer due 4/4/2023; Robert M. DuBois, Jr Answer due 4/4/2023. Signed by Judge William P. Dimitrouleas on 3/17/2023. See attached document for full details. (cqs)
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| Filing 13 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Robert M. Dubois Jr. and by Joan C. DuBois. Attorney Peter Marshall Feaman added to party Joan C. DuBois(pty:dft). (Feaman, Peter) |
| Filing 12 CERTIFICATE OF SERVICE by UNITED STATES OF AMERICA re 11 Order,,, #4 MOTION for Preliminary Injunction (Rill, Jeremy) |
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Filing 11
PAPERLESS ORDER EXPEDITING BRIEFING: This cause is before the undersigned on Plaintiff's Motion for Preliminary Injunction #4 . Defendants shall respond to the Motion by or before March 24, 2023. Plaintiff shall reply by or before March 29, 2023. In addition, by or before March 24, 2023, the parties shall file a Joint Notice with three mutually agreed upon dates for an evidentiary hearing. The Joint Notice shall also state whether the parties prefer an in-person or zoom evidentiary hearing. By March 9, 2023, Plaintiff shall provide a copy of this Order and a copy of the Motion for Preliminary Injunction to the Defendants via overnight mail and file notice of having done so in the record. Signed by Magistrate Judge Ryon M. McCabe on 3/8/2023. (jb02)
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| Filing 10 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. Joan C. DuBois served on 2/27/2023, response/answer due 3/20/2023. (Rill, Jeremy) |
| Filing 9 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. Robert M. DuBois, Jr served on 2/27/2023, response/answer due 3/20/2023. (Rill, Jeremy) |
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Filing 8
ORDER REQUIRING COUNSEL TO MEET, FILE JOINT SCHEDULING REPORT AND JOINT DISCOVERY REPORT Signed by Judge William P. Dimitrouleas on 3/3/2023. See attached document for full details. (cqs)
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Filing 7
ORDER REFERRING #4 MOTION for Preliminary Injunction filed by UNITED STATES OF AMERICA. Motions referred to Judge Ryon M. McCabe. Signed by Judge William P. Dimitrouleas on 3/3/2023. See attached document for full details. (cqs)
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Filing 6
ORDER TRANSFERRING CASE to Judge William P. Dimitrouleas and Magistrate Judge Ryon M. McCabe for all further proceedings, accepted and signed on 3/2/2023. Judge Aileen M. Cannon no longer assigned to case Signed by Judge Aileen M. Cannon on 3/2/2023. See attached document for full details. (cqs)
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| Filing 5 Notice of Pending, Refiled, Related or Similar Actions by UNITED STATES OF AMERICA (Rill, Jeremy) |
| Filing 4 MOTION for Preliminary Injunction by UNITED STATES OF AMERICA. (Attachments: #1 Exhibit Declaration of Jeremy A. Rill, #2 Exhibit Judgment, #3 Exhibit Demand Letter, #4 Exhibit Form 433-A, #5 Exhibit Motion to Enforce Settlement (Perry case), #6 Exhibit Motion to Enforce Settlement (Haley case), #7 Exhibit Order on Motion to Enforce Settlement (Haley case), #8 Exhibit Order on Motion to Enforce Settlement Agreement (Haley case), #9 Exhibit Confidential Settlement Agreement and General Release, #10 Exhibit Deposition of Robert M. DuBois Jr., #11 Exhibit Deposition of Joan C. DuBois, #12 Exhibit Assignment, Delegation and Assumption Agreement, #13 Exhibit Declaration of Jenna Holman, #14 Text of Proposed Order)(Rill, Jeremy) |
| Filing 3 Summons Issued as to Joan C. DuBois, Robert M. DuBois, Jr. (pcs) |
| 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. (pcs) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00. USA Filer - No Filing Fee Required, filed by UNITED STATES OF AMERICA. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) to Robert M. DuBois Jr., #3 Summon(s) to Joan C. DuBois)(Rill, Jeremy) |
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