Rubinas et al v. Maduros et al
| Isabel Rubinas and IJR Corp. |
| California Department of Tax & Fee Administration and Nicolas Maduros |
| 1:2021cv00096 |
| January 7, 2021 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 16, 2021. A more recent docket listing may be available from PACER.
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Filing 23
ATTORNEY Appearance for Defendants California Department of Tax & Fee Administration, Nicolas Maduros by Gina Tomaselli (Tomaselli, Gina)
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Filing 22
Plaintiffs' Supplemental Preliminary Injunction Brief by IJR Corp., Isabel Rubinas (Vickrey, Paul)
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Filing 21
MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 20, the Court appreciates the thoughtfulness of the filing. The Court adopts the supplemental briefing schedule on the preliminary injunction motion. Plaintiffs shall file their supplemental brief by 02/17/2021. The defense's supplemental response is due by 03/19/2021. The Plaintiffs' supplemental reply is due by 03/26/2021. The answer deadline is suspended until 30 days after a decision is issued. The tracking status hearing of 02/05/2021 is reset to 04/16/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, )
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Filing 20
STATUS Report Joint Status Report by IJR Corp., Isabel Rubinas (Vickrey, Paul)
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Filing 19
ATTORNEY Appearance for Defendant Nicolas Maduros by Michael Sapoznikow (Sapoznikow, Michael)
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Filing 18
TRANSCRIPT OF PROCEEDINGS held on 01/12/2021 before the Honorable Edmond E. Chang. Order Number: 39963. Court Reporter Contact Information: Judith A. Walsh, CSR, RDR, F/CRR. Official Court Reporter. judith_walsh@ilnd.uscourts.gov. |
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Filing 17
MEMORANDUM Opinion and Order signed by the Honorable Edmond E. Chang on 1/18/2021: This is the Opinion that explains the denial of the motion for temporary restraining order TRO #5 . To move the case forward, the formal next steps are (1) to consider the motion for preliminary injunction; and (2) to set the answer or Rule 12 motion deadline. In light of this Opinion, however, on the preliminary-injunction motion, the parties shall confer on whether any supplemental briefs are really needed to decide it. The Court believes that the answer is no, because the rationale should apply equally well to the preliminary-injunction motion, but the parties may express their positions on it. Similarly, if the rationale equally applies to the inevitable motion to dismiss for lack of subject matter jurisdiction, then perhaps the most efficient way to proceed would be for the Court to enter a dismissal on those grounds. That would be the fastest route for the Plaintiffs to appeal to the Seventh Circuit. In any event, the parties shall confer and file a Joint Status Report setting forth the proposed litigation schedule, including areas of agreement and subjects of disagreement. The Joint Status Report is due by 01/29/2021. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 02/05/2021 at 8:30 a.m. Emailed notice(Chang, Edmond)
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Filing 16
MINUTE entry before the Honorable Edmond E. Chang: In order to give the Plaintiffs as much time as practicable to plan in advance of the 01/15/2021 scheduled payment to Amazon, the Court posts this entry: first, the motion for temporary restraining order #5 is denied as to the request to prevent further levying of the Plaintiffs' bank account, because California has represented and confirmed to the Court that it has no immediate plans to apply a further levy on the account, and California also has agreed to provide at least 14 days' notice in advance of attempting another levy. The motion is further denied as to the request for the return of the previously levied $2,367.56. An opinion shall be posted in due course explaining the denial of that aspect of the TRO motion. Emailed notice (mw, )
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Filing 15
SUR-REPLY by Defendant Nicolas Maduros to motion for temporary restraining order #5 Defendant's Supplemental Brief in Opposition (Sapoznikow, Michael)
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Filing 14
MINUTE entry before the Honorable Edmond E. Chang: Telephone hearing held on the motion for temporary restraining order. Counsel for the parties appeared by telephone, as did the individual Plaintiff. The Plaintiffs motion for TRO #5 is taken under advisement. As discussed during the hearing, Defendant California Tax Department shall file supplemental response, by 12:00 p.m. (Central Time) on 01/13/2021, citing the California statute or regulation that provides for the hardship hearing, the offer of compromise procedure, and the Office of Tax Appeals avenue of relief. The Court anticipates ruling on the motion on 01/14/2021, and will set the further case schedule in an order posted to the docket. Emailed notice (mw, )
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Filing 13
REPLY by Plaintiffs IJR Corp., Isabel Rubinas to motion for temporary restraining order #5 , response in opposition to motion, #12 , memorandum in support of motion, #6 Reply Memorandum in Support of Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction (Vickrey, Paul)
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Filing 12
RESPONSE by Nicolas Madurosin Opposition to MOTION by Plaintiffs IJR Corp., Isabel Rubinas for temporary restraining order and Preliminary Injunction #5 (Attachments: #1 Declaration Declaration of Shannon Hale, #2 Declaration Declaration of Michael Sapoznikow)(Sapoznikow, Michael)
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Filing 11
MINUTE entry before the Honorable Edmond E. Chang: Members of the public and media will be able to call in to listen to this hearing. The call-in number is (877) 336-1831 and the access code is 1736479. Counsel of record will receive an email before the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (mw, )
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Filing 10
MINUTE entry before the Honorable Edmond E. Chang: Aaron BLock's and Paul Rafelson's motions for leave to appear pro hac vice for Plaintiffs #7 #8 are granted. Emailed notice (mw, )
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Filing 9
MINUTE entry before the Honorable Edmond E. Chang: On review of the Complaint and the motion #5 for TRO/preliminary injunction, a telephone hearing is set for 01/12/2021 at 1:30 p.m. The dial-in information will be posted in a separate entry. The Court directs the Plaintiffs' counsel to endeavor to provide notice of the hearing to the Defendants and to further confer with the defense on whether it would be willing to temporarily suspend the notice of levy on the Plaintiffs' business account until a decision on the TRO motion. That would give the defense more time to respond and allow for a more deliberative decision. The Court expects that the Plaintiffs would have an available line of communication with the defense given the allegation in R. 6-2, para. 15. Emailed notice (Chang, Edmond)
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Filing 8
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17813200. (Paul, Rafelson)
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Filing 7
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17813170. (Block, Aaron)
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Filing 6
MEMORANDUM by IJR Corp., Isabel Rubinas in support of motion for temporary restraining order #5 Memorandum in Support of Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Vickrey, Paul)
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Filing 5
MOTION by Plaintiffs IJR Corp., Isabel Rubinas for temporary restraining order and Preliminary Injunction (Vickrey, Paul)
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Filing 4
EXHIBIT by Plaintiffs IJR Corp., Isabel Rubinas Exhibits 1 and 3 to Complaint for Declaratory and Injunctive Relief regarding complaint, #1 (Attachments: #1 Exhibit 3)(Vickrey, Paul)
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Filing 3
ATTORNEY Appearance for Plaintiffs IJR Corp., Isabel Rubinas by Paul K Vickrey (Vickrey, Paul)
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Filing 2
CIVIL Cover Sheet (Vickrey, Paul)
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Filing 1
COMPLAINT Complaint for Declaratory and Injunctive Relief filed by Isabel Rubinas, IJR Corp.; Jury Demand. Filing fee $ 402, receipt number 0752-17805776. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Vickrey, Paul)
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CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (ke, )
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