WATTLETON v. UNITED STATES OF AMERICA
| David Earl Wattleton |
| United States of America and Steven T. Mnuchin |
| 1:2020cv03450 |
| August 20, 2020 |
| US District Court for the Northern District of Georgia |
| Thomas W Thrash |
| Linda T Walker |
| Taxes |
| 28 U.S.C. § 1346 |
| None |
Docket Report
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This docket was last retrieved on February 16, 2021. A more recent docket listing may be available from PACER.
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| Filing 36 Updated or Supplemental PRELIMINARY REPORT AND DISCOVERY PLAN filed by David Earl Wattleton. (jpa) |
| Filing 35 Certificate of Interested Persons by David Earl Wattleton. (jpa) |
| Submission of #27 MOTION to Amend, to Magistrate Judge Linda T. Walker. (adg) |
| Filing 34 MOTION to File Separate Joint Preliminary Report and Discovery Plan by David Earl Wattleton. (ddm) |
| 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). |
| Notification of Docket Correction re #31 Initial Disclosures. Edited to reflect actual e-filed document. (kt) |
| Submission of #26 MOTION for More Definite Statement, to District Judge Thomas W. Thrash Jr. (kt) |
| Filing 32 CERTIFICATE OF SERVICE of the United States' first set of discovery by United States of America.(Desmond, Conor) |
| Filing 31 Certificate of Service - Initial Disclosures by United States of America.(Desmond, Conor) Modified on 10/5/2020 (kt). |
| Filing 30 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by United States of America. (Desmond, Conor) |
| Clerk's Certificate of Mailing as to David Earl Wattleton re #28 Notice (Other). (kt) |
| Filing 29 RESPONSE in Opposition re #26 MOTION for More Definite Statement filed by United States of America. (Desmond, Conor) |
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)
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| Filing 27 MOTION to Amend Financial Disability onset date by David Earl Wattleton. (Attachments: #1 Envelope)(kt) |
| Filing 26 MOTION for More Definite Statement, by David Earl Wattleton. (rvb) |
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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)
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| Clerk's Certificate of Mailing as to David Earl Wattleton re #25 Order on Motion for Relief. (kt) |
| Case no longer referred to Magistrate Judge Linda T. Walker. (kt) Modified on 9/21/2020 (kt). |
| Filing 24 MOTION for Relief Local Rule 16.1 requirement for in person conference by United States of America. (Desmond, Conor) |
| Clerk's Certificate of Mailing as to David Earl Wattleton re #23 Order. (kt) |
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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)
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| Clerk's Notation re #22 Certificate of Interested Persons: OK, per TWT. (cmd) |
| Clerk's Certificate of Mailing as to David Earl Wattleton re #20 Notice (Other). (adg) |
| Filing 22 Certificate of Interested Persons by United States of America. (Desmond, Conor) |
| 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. |
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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)
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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)
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| Clerk's Certificate of Mailing as to David Earl Wattleton re #19 Order. (kt) |
| Submission of #1 Complaint for frivolity determination, to District Judge Thomas W. Thrash Jr. (kt) |
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Filing 18
6th Amended Court ORDER Signed by Judge Thomas W. Thrash, Jr. on 8/3/2020. (aar)
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| 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. |
| Submission of #1 Complaint, to Magistrate Judge Linda T. Walker. (aar) |
| Clerk's Certificate of Mailing re #18 Courts 6th amended court Order. (aar) |
| Set/Reset Deadlines: Transfer due by 8/20/2020. (hmc) [Transferred from District of Columbia on 8/20/2020.] |
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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.]
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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.]
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| 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.] |
| Filing 13 Summons Returned Unexecuted as to STEVEN T. MNUCHIN. (zrdj) [Transferred from District of Columbia on 8/20/2020.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| Set/Reset Deadlines: Plaintiff's Response to Dispositive Motion due by 12/5/2019. (tg) [Transferred from District of Columbia on 8/20/2020.] |
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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.]
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| 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.] |
| 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.] |
| 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.] |
| Case Assigned to Chief Judge Beryl A. Howell. (zeg) [Transferred from District of Columbia on 8/20/2020.] |
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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.]
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by DAVID EARL WATTLETON (zmc) [Transferred from District of Columbia on 8/20/2020.] |
| 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.] |
| 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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