Smith v. Freund, et al.
Plaintiff: Jeffrey A. Smith
Defendant: Other unknown Owners of Lot 8 in Block 3of Baylen View Estates according to the Plat thereof, filed in Book 2 of Plats at Page 105, records of Bonner County, Idaho, Liying Zahng-Freund, Joseph A. Freund, All Unknown Owners and the United States of America and all other persons claiming any right, title or interest of any kind in the following described real property and IRS
Case Number: 2:2021cv00274
Filed: June 25, 2021
Court: US District Court for the District of Idaho
Presiding Judge: David C Nye
Referring Judge: Raymond Edward Patricco
Nature of Suit: Real Property: Other
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 8, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 8, 2021 Opinion or Order Filing 15 ORDER - This case is DISMISSED for lack of jurisdiction and CLOSED. Plaintiffs Motion for Service by Publication (Dkt. #8 ) is deemed MOOT. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
August 9, 2021 Opinion or Order Filing 14 JOINT ORDER CONFIRMING UNITED STATES OF AMERICA'S DISCLAIMER - IT IS HEREBY ORDERED that said disclaimer should be, and is hereby, CONFIRMED. IT IS FURTHER ORDERED that this Courts jurisdiction shall cease unless, within 14 days of this Order, the Plaintiff establishes that this Court has jurisdiction over the above-captioned action on a ground other than, and independent of, the authority conferred by 28 U.S.C. 1346(f). Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
August 9, 2021 Filing 13 NOTICE OF CASE NUMBER CHANGE re #12 Order Reassigning Case. This matter has been reassigned from Judge Raymond E. Patricco Jr. to Judge David C. Nye. Judge E. Patricco Jr. is no longer assigned. Please use case number 2:21-cv-00274-DCN on all future filings. (jd)
August 9, 2021 Opinion or Order Filing 12 ORDER OF REASSIGNMENT - Based on the foregoing, IT IS HEREBY ORDERED that the Clerk of Court shall reassign this matter to a United States District Judge for all further proceedings, including, confirming the disclaimer and, if appropriate, dismissing the action. Signed by US Magistrate Judge Raymond Edward Patricco, Jr. (Attachments: #1 Exhibit A)(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
July 27, 2021 Filing 11 NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for IRS and counsel for Jeffrey A. Smith re #4 Disclaimer and #1 Counterclaim/Complaint. Consent/Objection to Magistrate due by 9/27/2021. (jd)
July 26, 2021 Filing 10 NOTICE by Jeffrey A. Smith re #6 Summons Returned Unexecuted, #5 Summons Returned Unexecuted, #8 MOTION for Service by Publication of Filing Report of Action Agency in Support of motion for order to serve by publication (Bistline, Arthur)
July 26, 2021 Filing 9 DECLARATION of Arthur M. Bistline in support of Motion for Service by Publication re #8 MOTION for Service by Publication filed by Jeffrey A. Smith . (Bistline, Arthur)
July 26, 2021 Filing 8 MOTION for Service by Publication Arthur M Bistline appearing for Plaintiff Jeffrey A. Smith. Responses due by 8/16/2021 (Bistline, Arthur)
July 26, 2021 Filing 7 Summons Returned Unexecuted by Jeffrey A. Smith as to IRS., SUMMONS Returned Executed by Jeffrey A. Smith. (Attachments: #1 Summons)(Bistline, Arthur)
July 26, 2021 Filing 6 Summons Returned Unexecuted by Jeffrey A. Smith as to Joseph A. Freund. (Attachments: #1 Summons)(Bistline, Arthur)
July 26, 2021 Filing 5 Summons Returned Unexecuted by Jeffrey A. Smith as to Liying Zahng-Freund. (Attachments: #1 Summons Summons for L. Freund)(Bistline, Arthur)
July 16, 2021 Filing 4 DISCLAIMER by Plaintiff IRS. (Woychick, Nicholas)
July 7, 2021 Filing 3 SUMMONS Returned Executed by Jeffrey A. Smith. (Attachments: #1 Summons)(Bistline, Arthur)
June 28, 2021 Filing 2 Summons Issued as to All Defendants (Print attached Summons for service.) (Attachments: #1 Summon for Joseph A. Freund, #2 Summons For Liying Zahng-Freund, #3 Summons for Unknown Owners)(jd)
June 25, 2021 Filing 1 COMPLAINT for Quiet Title against Other unknown Owners of Lot 8 in Block 3of Baylen View Estates according to the Plat thereof, filed in Book 2 of Plats at Page 105, records of Bonner County, Idaho, Liying Zahng-Freund, Joseph A. Freund ( Filing fee $ 402 receipt number BIDDC-2236074.), filed by Jeffrey A. Smith. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Cover Sheet)(Bistline, Arthur) Modified on 6/25/2021 to remove counterclaim (alw).

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Defendant: Other unknown Owners of Lot 8 in Block 3of Baylen View Estates according to the Plat thereof, filed in Book 2 of Plats at Page 105, records of Bonner County, Idaho
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Defendant: Liying Zahng-Freund
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Defendant: Joseph A. Freund
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Defendant: All Unknown Owners and the United States of America and all other persons claiming any right, title or interest of any kind in the following described real property
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Defendant: IRS
Represented By: Nicholas J Woychick
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Plaintiff: Jeffrey A. Smith
Represented By: Arthur M Bistline
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