Eagle Mountain View, LLC et al v. United States of America
Petitioner: English Mountain View, LLC, Eagle Mountain View, LLC and Carver Mountain Reserve, LLC
Respondent: United States of America
Intervenor: Kerry Mock
Case Number: 1:2021cv01097
Filed: March 17, 2021
Court: US District Court for the Northern District of Georgia
Presiding Judge: Amy Totenberg
Nature of Suit: Tax Suits: IRS-Third Party
Cause of Action: 26 U.S.C. § 7609 IRS: Petition to Quash IRS Summons
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 15, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 15, 2021 Submission of #17 Stipulation of Dismissal, to District Judge Amy Totenberg. (vs)
November 15, 2021 Clerk's Entry of Dismissal APPROVING #17 Stipulation of Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(i) (hfm)
November 15, 2021 Civil Case Terminated. (hfm)
November 12, 2021 Filing 17 STIPULATION of Dismissal by Carver Mountain Reserve, LLC, Eagle Mountain View, LLC, English Mountain View, LLC, Kerry Mock, United States of America. (Carter, Jason)
October 21, 2021 Opinion or Order ORDER, by docket entry only, granting #16 Motion for Extension of Time, through and including November 12, 2021, to file a response re #8 MOTION to Dismiss and Cross-Petition to Enforce. No further extensions shall be granted. Entered by Judge Amy Totenberg on 10/21/21. (hfm)
October 20, 2021 Filing 16 Consent MOTION for Extension of Time File a Response re: #8 MOTION to Dismiss and Cross-Petition to Enforce with Brief In Support by Carver Mountain Reserve, LLC, Eagle Mountain View, LLC, English Mountain View, LLC, Kerry Mock. (Attachments: #1 Text of Proposed Order)(Carter, Jason)
September 27, 2021 Submission of #8 MOTION to Dismiss and Cross-Petition to Enforce, to District Judge Amy Totenberg. (rlh)
August 24, 2021 Filing 15 MOTION to Withdraw Amanda Bradley as Attorneyby Kerry Mock. (Bradley, Amanda)
August 24, 2021 Opinion or Order ORDER, by docket entry only, granting #15 Motion to Withdraw as Attorney. Attorney Amanda Bradley terminated. Entered by Judge Amy Totenberg on 8/24/21. (hfm)
August 24, 2021 Opinion or Order ORDER, by docket entry only, granting #14 Motion for Extension of Time, through and including September 24, 2021, to file a response re #8 MOTION to Dismiss and Cross-Petition to Enforce. Entered by Judge Amy Totenberg on 8/24/21. (hfm)
August 23, 2021 Filing 14 Consent MOTION for Extension of Time To File a Response re: #8 MOTION to Dismiss and Cross-Petition to Enforce by Carver Mountain Reserve, LLC, Eagle Mountain View, LLC, English Mountain View, LLC, Kerry Mock. (Attachments: #1 Text of Proposed Order)(Carter, Jason)
August 3, 2021 Filing 13 Certification of Consent to Substitution of Counsel. Christopher Justin Coulson replacing attorney Robert Silverblatt. (Coulson, Christopher)
August 2, 2021 Filing 12 Consent MOTION for Extension of Time File a Response re: #8 MOTION to Dismiss and Cross-Petition to Enforce by Carver Mountain Reserve, LLC, Eagle Mountain View, LLC, English Mountain View, LLC, Kerry Mock. (Attachments: #1 Text of Proposed Order)(Carter, Jason)
August 2, 2021 Opinion or Order ORDER, by docket entry only, granting #12 Motion for Extension of Time, through and including August 23, 2021, to respond re #8 MOTION to Dismiss and Cross-Petition to Enforce. Entered by Judge Amy Totenberg on 8/2/21. (hfm)
July 19, 2021 Filing 11 Consent MOTION for Extension of Time File a Response re: #8 MOTION to Dismiss and Cross-Petition to Enforce by Carver Mountain Reserve, LLC, Eagle Mountain View, LLC, English Mountain View, LLC, Kerry Mock. (Attachments: #1 Text of Proposed Order)(Carter, Jason)
July 19, 2021 Opinion or Order ORDER, by docket entry only, granting #11 Motion for Extension of Time: The parties have agreed upon an extension of time for Petitioners to respond to Respondent's motion (Doc. 8) to August 2, 2021. The Court approves the extension request. Ordered by Judge Amy Totenberg on 7/19/21. (rlb)
July 14, 2021 Opinion or Order ORDER, by docket entry only, granting #9 Motion for Leave to File Matters Under Seal. Exhibits to Petition to Quash IRS Summonses Nos. 01-02, 01-04, 01-06, 01-07, 01-08, 01-18, 01-19; and Exhibits to Amended Petition to Quash IRS Summonses Nos. 05-02, 05-03, 05-04 and 05-05 shall be sealed. In the event that there is a showing that information contained within the exhibits is not privileged, the Court will consider lifting the seal on the portions of the exhibits that are not properly privileged. Entered by Judge Amy Totenberg on 7/14/21. (hfm)
June 22, 2021 Opinion or Order ORDER, by docket entry only, granting #3 Motion to Intervene. Entered by Judge Amy Totenberg on 6/22/21. (hfm)
June 22, 2021 Submission of #9 MOTION for Leave to File Matters Under Seal re: #1 Petition to Quash IRS Summons, #5 Amended Complaint, to District Judge Amy Totenberg. (rlb)
June 18, 2021 Filing 10 MOTION for Extension of Time to Respond to Respondent's Motion to Dismiss re: #8 MOTION to Dismiss and Cross-Petition to Enforce by Carver Mountain Reserve, LLC, Eagle Mountain View, LLC, English Mountain View, LLC. (Attachments: #1 Text of Proposed Order)(Carter, Jason)
June 18, 2021 Opinion or Order ORDER, by docket entry only, granting #10 Motion for Extension of Time, through and including July 19, 2021 to file a response brief re #8 MOTION to Dismiss and Cross-Petition to Enforce. Entered by Judge Amy Totenberg on 6/18/21. (hfm)
June 4, 2021 Filing 9 MOTION for Leave to File Matters Under Seal re: #1 Petition to Quash IRS Summons, #5 Amended Complaint, with Brief In Support by Carver Mountain Reserve, LLC, Eagle Mountain View, LLC, English Mountain View, LLC. (Attachments: #1 Text of Proposed Order)(Carter, Jason)
June 4, 2021 Filing 8 MOTION to Dismiss and Cross-Petition to Enforce with Brief In Support by United States of America. (Attachments: #1 Zhao Declaration)(Silverblatt, Robert)
May 17, 2021 Submission of #7 Unopposed MOTION for Extension of Time Respond to Amended Petition, to District Judge Amy Totenberg. (rlb)
May 17, 2021 Opinion or Order ORDER, by docket entry only, granting #7 Motion for Extension of Time, through and including June 4, 2021, to respond re #5 Amended Petition. Entered by Judge Amy Totenberg on 5/17/21. (hfm)
May 15, 2021 Filing 7 Unopposed MOTION for Extension of Time Respond to Amended Petition by United States of America. (Coulson, Christopher)
May 15, 2021 Filing 6 NOTICE of Appearance by Christopher Justin Coulson on behalf of United States of America (Coulson, Christopher)
April 8, 2021 Filing 5 AMENDED PETITION against United States of America filed by English Mountain View, LLC, Eagle Mountain View, LLC, Carver Mountain Reserve, LLC, Kerry Mock. (Attachments: #1 Brief Memorandum in Support of Amended Petition, #2 Exhibit 1 - 3/19/2021 Summonses, #3 Exhibit 2 - RAR Eagle Mountain, #4 Exhibit 3 - RAR English Mountain, #5 Exhibit 4 - RAR Carver Mountain)(Carter, Jason) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.
April 8, 2021 Submission of #3 MOTION to Intervene In Petition Of Eagle Mountain View, LLC, English Mountain View, LLC And Carver Mountain Reserve, LLC To Quash IRS Summonses Or, In The Alternative, To Examine IRS Officials, to District Judge Amy Totenberg. (rlb)
March 22, 2021 Opinion or Order Filing 4 STANDING ORDER: GUIDELINES TO PARTIES AND COUNSEL PROCEEDING BEFORE THE HONORABLE AMY TOTENBERG. You are required to sign and file a Certificate of Compliance in a format consistent with the Certificate of Compliance attached hereto. To request to file material under seal, the Parties should follow the mechanism described in Section II(J) of Appendix H to the Court's Local Civil Rules. Signed by Judge Amy Totenberg on 3/22/21. (rlb)
March 18, 2021 Filing 3 MOTION to Intervene In Petition Of Eagle Mountain View, LLC, English Mountain View, LLC And Carver Mountain Reserve, LLC To Quash IRS Summonses Or, In The Alternative, To Examine IRS Officials with Brief In Support by Kerry Mock. (Carter, Jason)
March 18, 2021 Opinion or Order Filing 2 ELEVENTH 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 3/9/2021. (eop)
March 17, 2021 Filing 1 PETITION to Quash IRS Summons or, in the alternative, to Examine IRS Agent Yan Shu Zhao filed by English Mountain View, LLC, Eagle Mountain View, LLC and Carver Mountain Reserve, LLC.. (Filing fee $402.00, receipt number AGANDC-10834560) (Attachments: #1 Brief, #2 Exhibit -A -Summons, #3 Exhibit -B -Skalski Declaration, #4 Exhibit -1 to Decl. -Notices of Audit, #5 Exhibit -2 -to Decl. -IRS Close Out Letter, #6 Exhibit -3 to Decl. -IRDs Carver, #7 Exhibit -4 -to Decl.-IRDs Eagle Mtn, #8 Exhibit -5 -to Decl. -IRDs English, #9 Exhibit -6 to Decl. -Letter to IRS, #10 Exhibit -7 to Decl. -Ltr to IRS, #11 Exhibit -8 to Decl. -Ltr to IRS)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Additional attachment(s) added on 3/18/2021: #12 Exhibit -9-to Decl. -2019 Appraisals, #13 Exhibit -10 to Decl. -Extension Timelines, #14 Exhibit -11 to Decl. Letters, #15 Exhibit -12 to Decl. -IRS Penalty Memos, #16 Exhibit -13, #17 Exhibit -14) (eop). (Additional attachment(s) added on 3/18/2021: #18 Exhibit -15, #19 Exhibit -16, #20 Exhibit -17, #21 Exhibit -18 to Decl. -Penalty Checklists, #22 Exhibit -C - Eagle Conservation Easement, #23 Exhibit -D -Carver Conservation Easement, #24 Exhibit -E -English Quitclaim Deed, #25 Exhibit -F -Written Acknowledgment, #26 Civil Cover Sheet) (eop). Modified text on 3/18/2021 (eop).

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Respondent: United States of America
Represented By: Christopher Justin Coulson
Represented By: Robert Silverblatt
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Petitioner: English Mountain View, LLC
Represented By: Jason James Carter
Represented By: Amanda Bradley
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Petitioner: Eagle Mountain View, LLC
Represented By: Jason James Carter
Represented By: Amanda Bradley
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Petitioner: Carver Mountain Reserve, LLC
Represented By: Jason James Carter
Represented By: Amanda Bradley
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Intervenor: Kerry Mock
Represented By: Amanda Bradley
Represented By: Jason James Carter
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