Auffenberg et al v. USA
Plaintiff: James A. Auffenberg, Jr. and Margaret E. Auffenberg
Defendant: USA
Case Number: 3:2026cv00579
Filed: May 1, 2026
Court: U.S. District Court for the Southern District of Illinois
Presiding Judge: Gilbert C Sison
Nature of Suit: Taxes
Cause of Action: 26 U.S.C. ยง 7422 IRS: Refund Taxes
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 27, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 27, 2026 Filing 8 NOTICE of Appearance by James Francis Bresnahan, II on behalf of All Plaintiffs (Bresnahan, James)
May 22, 2026 Filing 7 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Horniak, David)
May 22, 2026 Filing 6 SUMMONS Returned Executed by All Plaintiffs. USA served on 5/19/2026, answer due 7/20/2026. (Attachments: #1 Affidavit Affidavit of Service on US)(Horniak, David)
May 7, 2026 Filing 5 Summons Issued as to USA. Original summons sent to Attorney for service. (jaj)
May 7, 2026 Filing 4 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #3 Summons Issued. Incorrect summons issued. Corrected summons to be issued this date by Clerk's Office staff. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 4, 2026 Filing 3 ENTRY STRICKEN - Summons Issued as to USA. Original mailed to counsel for service. (csb) Modified on 5/7/2026 (jaj).
May 4, 2026 Filing 2 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Gilbert C. Sison pursuant to Administrative Order 428. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 428, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or non-consent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent:. A link regarding the magistrate judges in this district is attached for your convenience: #https://www.ilsd.uscourts.gov/sites/ilsd/files/BenefitsofConsent.pdf. All future documents must bear case number 26-cv-579-GCS. Consent due by 5/26/2026 (csb)
May 1, 2026 Filing 1 COMPLAINT against United States of America ( Filing fee $ 405 receipt number AILSDC-5897946.), filed by All Plaintiffs. (Attachments: #1 Exhibit Administrative Refund Claim, #2 Exhibit IRS Receipt of Administrative Refund Claim, #3 Exhibit Consent Judgment, #4 Exhibit 30-Day Letter, #5 Exhibit Statutory Notice of Deficiency, #6 Civil Cover Sheet, #7 Summons, #8 Summons, #9 Summons)(Horniak, David)

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Plaintiff: James A. Auffenberg, Jr.
Represented By: David M. Horniak
Represented By: James Francis Bresnahan, II
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Plaintiff: Margaret E. Auffenberg
Represented By: David M. Horniak
Represented By: James Francis Bresnahan, II
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Defendant: USA
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