WATTLETON v. UNITED STATES OF AMERICA
Plaintiff: David Earl Wattleton
Defendant: United States of America and Steven T. Mnuchin
Case Number: 1:2020cv03450
Filed: August 20, 2020
Court: US District Court for the Northern District of Georgia
Presiding Judge: Thomas W Thrash
Referring Judge: Linda T Walker
Nature of Suit: Taxes
Cause of Action: 28 U.S.C. ยง 1346
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 16, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 13, 2020 Filing 36 Updated or Supplemental PRELIMINARY REPORT AND DISCOVERY PLAN filed by David Earl Wattleton. (jpa)
October 13, 2020 Filing 35 Certificate of Interested Persons by David Earl Wattleton. (jpa)
October 6, 2020 Submission of #27 MOTION to Amend, to Magistrate Judge Linda T. Walker. (adg)
October 5, 2020 Filing 34 MOTION to File Separate Joint Preliminary Report and Discovery Plan by David Earl Wattleton. (ddm)
October 5, 2020 Filing 33 RESPONSE in Opposition re #27 MOTION to Amend filed by United States of America. (Attachments: #1 Affidavit of Conor P Desmond)(Desmond, Conor) Text modified on 10/6/2020 (adg).
October 5, 2020 Notification of Docket Correction re #31 Initial Disclosures. Edited to reflect actual e-filed document. (kt)
October 5, 2020 Submission of #26 MOTION for More Definite Statement, to District Judge Thomas W. Thrash Jr. (kt)
October 2, 2020 Filing 32 CERTIFICATE OF SERVICE of the United States' first set of discovery by United States of America.(Desmond, Conor)
October 2, 2020 Filing 31 Certificate of Service - Initial Disclosures by United States of America.(Desmond, Conor) Modified on 10/5/2020 (kt).
October 1, 2020 Filing 30 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by United States of America. (Desmond, Conor)
September 30, 2020 Clerk's Certificate of Mailing as to David Earl Wattleton re #28 Notice (Other). (kt)
September 29, 2020 Filing 29 RESPONSE in Opposition re #26 MOTION for More Definite Statement filed by United States of America. (Desmond, Conor)
September 29, 2020 Opinion or Order Filing 28 EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (ddm) (ADI)
September 21, 2020 Filing 27 MOTION to Amend Financial Disability onset date by David Earl Wattleton. (Attachments: #1 Envelope)(kt)
September 16, 2020 Filing 26 MOTION for More Definite Statement, by David Earl Wattleton. (rvb)
September 16, 2020 Opinion or Order Filing 25 ORDER GRANTING #24 Motion for Relief from Local Rule 16.1 [Doc. 24] and the parties are permitted to conduct the Rule 26(f) conference by telephone. Signed by Judge Thomas W. Thrash, Jr. on 9/16/2020. (kt)
September 16, 2020 Clerk's Certificate of Mailing as to David Earl Wattleton re #25 Order on Motion for Relief. (kt)
September 16, 2020 Case no longer referred to Magistrate Judge Linda T. Walker. (kt) Modified on 9/21/2020 (kt).
September 15, 2020 Filing 24 MOTION for Relief Local Rule 16.1 requirement for in person conference by United States of America. (Desmond, Conor)
September 15, 2020 Clerk's Certificate of Mailing as to David Earl Wattleton re #23 Order. (kt)
September 14, 2020 Opinion or Order Filing 23 ORDER re: frivolity review. The Court cannot say that the remaining claim is entirely frivolous. Therefore, the case may proceed. Signed by Judge Thomas W. Thrash, Jr. on 9/11/2020. (kt)
September 3, 2020 Clerk's Notation re #22 Certificate of Interested Persons: OK, per TWT. (cmd)
September 3, 2020 Clerk's Certificate of Mailing as to David Earl Wattleton re #20 Notice (Other). (adg)
September 2, 2020 Filing 22 Certificate of Interested Persons by United States of America. (Desmond, Conor)
September 2, 2020 Filing 21 ANSWER to #1 COMPLAINT by United States of America. Discovery ends on 2/1/2021.(Desmond, Conor) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
September 2, 2020 Opinion or Order Filing 20 SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (ddm) (ADI)
August 24, 2020 Opinion or Order Filing 19 ORDER DIRECTING The Clerk to re-designate this action as a non-prisoner case. Plaintiff previously was granted leave to proceed in forma pauperis. [Doc. 3]. Accordingly, the Clerk is further DIRECTED to terminate the referral to the Magistrate Judge pursuant to Standing Order No. 14-01 and to submit this file to the assigned District Judge for a frivolity determination under 28 U.S.C. 1915(e)(2). Signed by Magistrate Judge Linda T. Walker on 8/24/2020. (kt)
August 24, 2020 Clerk's Certificate of Mailing as to David Earl Wattleton re #19 Order. (kt)
August 24, 2020 Submission of #1 Complaint for frivolity determination, to District Judge Thomas W. Thrash Jr. (kt)
August 20, 2020 Opinion or Order Filing 18 6th Amended Court ORDER Signed by Judge Thomas W. Thrash, Jr. on 8/3/2020. (aar)
August 20, 2020 Filing 17 Case transferred in from District of District of Columbia; Case Number 1:19-cv-01893. Original file certified copy of transfer order and docket sheet received.
August 20, 2020 Submission of #1 Complaint, to Magistrate Judge Linda T. Walker. (aar)
August 20, 2020 Clerk's Certificate of Mailing re #18 Courts 6th amended court Order. (aar)
July 31, 2020 Set/Reset Deadlines: Transfer due by 8/20/2020. (hmc) [Transferred from District of Columbia on 8/20/2020.]
July 30, 2020 Opinion or Order Filing 16 ORDER GRANTING IN PART and DENYING IN PART defendants' #6 motion to dismiss. The motion is GRANTED as to all claims against U.S. Secretary of Treasury, Steven T. Mnuchin, and DENIED without prejudice as to the 26 U.S.C. 7422 claim against the United States. It is further ORDERED that plaintiff's combined 9 motion to substitute party and #10 for leave to amend is DENIED as moot. It is further ORDERED that the remaining 26 U.S.C. 7422 claim against the United States, is TRANSFERRED in the interest of justice, pursuant to 28 U.S.C. 1402(a)(1), 1406(a), to the United States District Court for the Northern District of Georgia. Signed by Chief Judge Beryl A. Howell on 7/30/2020. (psu3) [Transferred from District of Columbia on 8/20/2020.]
July 30, 2020 Opinion or Order Filing 15 MEMORANDUM OPINION GRANTING IN PART and DENYING IN PART defendants' #6 motion to dismiss. The motion is GRANTED as to all claims against U.S. Secretary of Treasury, Steven T. Mnuchin, and DENIED without prejudice as to the 26 U.S.C. 7422 claim against the United States. It is further ORDERED that plaintiff's combined 9 motion to substitute party and #10 for leave to amend is DENIED as moot. It is further ORDERED that the remaining 26 U.S.C. 7422 claim against the United States, is TRANSFERRED in the interest of justice, pursuant to 28 U.S.C. 1402(a)(1), 1406(a), to the United States District Court for the Northern District of Georgia. Signed by Chief Judge Beryl A. Howell on 7/30/2020. (psu3) [Transferred from District of Columbia on 8/20/2020.]
December 16, 2019 Filing 14 RESPONSE re #6 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Improper Venue filed by DAVID EARL WATTLETON. "Leave to file GRANTED", Signed by Chief Judge Beryl A. Howell on 12/16/2019.(zrdj) [Transferred from District of Columbia on 8/20/2020.]
November 21, 2019 Filing 13 Summons Returned Unexecuted as to STEVEN T. MNUCHIN. (zrdj) [Transferred from District of Columbia on 8/20/2020.]
November 20, 2019 Filing 12 RESPONSE re #10 MOTION to Amend/Correct #1 Complaint MOTION to Transfer Case, 9 MOTION to Substitute Party filed by STEVEN T. MNUCHIN, UNITED STATES OF AMERICA. (Miller, Emily) [Transferred from District of Columbia on 8/20/2020.]
November 20, 2019 Filing 11 REPLY to opposition to motion re #6 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Improper Venue filed by STEVEN T. MNUCHIN, UNITED STATES OF AMERICA. (Miller, Emily) [Transferred from District of Columbia on 8/20/2020.]
November 15, 2019 Filing 10 MOTION to Amend #1 Complaint, MOTION to Transfer Case by DAVID EARL WATTLETON (zrdj) [Transferred from District of Columbia on 8/20/2020.]
November 15, 2019 Filing 9 MOTION to Substitute Party by DAVID EARL WATTLETON (See docket entry #8 to view document)(zrdj) [Transferred from District of Columbia on 8/20/2020.]
November 15, 2019 Filing 8 RESPONSE re #6 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Improper Venue filed by DAVID EARL WATTLETON. (zrdj) [Transferred from District of Columbia on 8/20/2020.]
November 6, 2019 Set/Reset Deadlines: Plaintiff's Response to Dispositive Motion due by 12/5/2019. (tg) [Transferred from District of Columbia on 8/20/2020.]
November 5, 2019 Opinion or Order Filing 7 ORDER advising the plaintiff to respond to the defendants' Motion to Dismiss #6 by December 5, 2019, or the Court may deem matter as conceded. Signed by Chief Judge Beryl A. Howell on 11/05/2019. (dm) [Transferred from District of Columbia on 8/20/2020.]
October 30, 2019 Filing 6 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Improper Venue by STEVEN T. MNUCHIN, UNITED STATES OF AMERICA (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Miller, Emily) [Transferred from District of Columbia on 8/20/2020.]
September 16, 2019 Filing 5 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/16/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/16/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 11/15/2019.) (zrdj) [Transferred from District of Columbia on 8/20/2020.]
August 19, 2019 Filing 4 SUMMONS (3) Issued as to STEVEN T. MNUCHIN, UNITED STATES OF AMERICA, U.S. Attorney and U.S. Attorney General (zrdj) [Transferred from District of Columbia on 8/20/2020.]
August 16, 2019 Case Assigned to Chief Judge Beryl A. Howell. (zeg) [Transferred from District of Columbia on 8/20/2020.]
August 12, 2019 Opinion or Order Filing 3 FIAT ORDER granting #2 Motion for Leave to Proceed in forma pauperis "Leave to file without prepayment of costs GRANTED". Signed by Judge Rudolph Contreras on 8/12/2019. (zeg) [Transferred from District of Columbia on 8/20/2020.]
June 24, 2019 Filing 2 MOTION for Leave to Proceed in forma pauperis by DAVID EARL WATTLETON (zmc) [Transferred from District of Columbia on 8/20/2020.]
June 24, 2019 Filing 1 COMPLAINT against STEVEN T. MNUCHIN, UNITED STATES OF AMERICA filed by DAVID EARL WATTLETON. (Attachment: #1 Exhibit)(zmc) [Transferred from District of Columbia on 8/20/2020.]
June 24, 2019 Initiating Pleading & IFP Application Received on 06/24/2019. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zmc) [Transferred from District of Columbia on 8/20/2020.]

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Plaintiff: David Earl Wattleton
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Defendant: United States of America
Represented By: Conor P. Desmond
Represented By: Lori M. Beranek
Represented By: Emily K. Miller
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Defendant: Steven T. Mnuchin
Represented By: Emily K. Miller
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