United States of America v. Micco et al
Plaintiff: United States of America
Defendant: Micco, Katherine A Micco, Fifth Third Mortgage Company, Porter County Indiana, Civitas Bank, State of Indiana and Fifth Third Bancorp
Case Number: 2:2017cv00101
Filed: March 3, 2017
Court: US District Court for the Northern District of Indiana
Office: Hammond Office
County: Porter
Presiding Judge: Paul R Cherry
Referring Judge: Philip P Simon
2 Judge: Theresa L Springmann
Nature of Suit: Taxes
Cause of Action: 26 U.S.C. ยง 7401
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 18, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 18, 2018 Filing 39 CLERK'S ENTRY OF JUDGMENT. (tc)
December 17, 2018 Opinion or Order Filing 38 ORDER OF FINAL JUDGMENT: Court ORDERS Judgment as to Count I in favor the Plaintiff United States of America and against the Defendant Katherine A. Micco, for unpaid federal income taxes for the tax periods ending December 31, 2009, December 31, 2010, December 31, 2011, December 31, 2012, December 31, 2013, and December 31, 2014, in the amount of $157,586.42, plus statutory interest and other additions according to law from and after May 2, 2018, pursuant to 26 U.S.C. 6601, 6621, and 6622, and 28 U.S.C. 1961(c), until the Judgment is satisfied. Count II is Dismissed Without Prejudice, and each party is to bear their own costs and attorneys' fees re #32 Stipulation, #33 Motion for Entry of Judgment and for Voluntary Dismissal of Count II. Signed by Chief Judge Theresa L Springmann on 12/17/2018. (tc)
December 17, 2018 Filing 37 TELEPHONIC STATUS CONFERENCE held on 12/17/2018 before Chief Judge Theresa L Springmann. Pla appeared by atty Bradley Sarnell. Dft Katherine Micco appeared by atty Jeffrey Hester. Dfts Fifth Third Bancorp, Fifth Third Mortgage Company and Civitas Bank appeared by atty Nathan Blaske. Dft State of Indiana appeared by atty Megan Binder on behalf of Heather Crockett. Dft Porter County Indiana appeared by atty Nathaniel Henson. Parties have no objection to Stipulation Regarding Entry of Judgment [ECF No. 32] and Motion for Entry of Judgment and for Voluntary Dismissal of Count II [ECF No. 33]. Court to issue written order.(Court Reporter FTR.) (cer)
November 1, 2018 Opinion or Order Filing 36 ORDER FOR CHIEF JUDGE THERESA L SPRINGMANN: Telephonic Status Conference SET for 12/17/2018 at 01:30 PM (INDIANA EASTERN TIME) in US District Court - Fort Wayne before Chief Judge Theresa L Springmann. Court will initiate call. (cer)
October 18, 2018 Opinion or Order Filing 35 ORDER REASSIGNING CASE In consideration of the speedy administration of justice, and pursuant to N.D. Ind. L.R. 40-1(f), this action is reassigned from the docket of the late Judge Rudy Lozano to Chief Judge Theresa L. Springmann. Signed by Chief Judge Theresa L Springmann on 10/18/18. (kjp)
October 17, 2018 Opinion or Order Filing 34 NOTICE: Because the discovery period in this case has now concluded and there are no pending non-dispositive motions, the referral to Magistrate Judge Paul R Cherry is now terminated. All further matters will now be handled by Judge Rudy Lozano unless otherwise directed. This entry constitutes the court's order on this matter and shall carry the same weight and authority as a written order signed by the judge. (mr)
August 23, 2018 Filing 33 MOTION for Entry of Judgment as to Count I and for Voluntary Dismissal of Count II Without Prejudice by Plaintiff United States of America. (Attachments: #1 Exhibit Proposed Final Judgment)(Sarnell, Bradley)
July 16, 2018 Filing 32 STIPULATION Regarding Entry of Judgment by Plaintiff United States of America. (Sarnell, Bradley)
November 20, 2017 Filing 31 NOTICE of Appearance by Bradley A Sarnell on behalf of United States of America (Sarnell, Bradley)
September 7, 2017 Filing 30 TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 9/7/2017 before Magistrate Judge Paul R Cherry. Pla appeared by atty Jeffrey Nunez. Atty Jeffrey Hester appeared on behalf of Dft Katherine Micco. Atty Nathan Blaske appeared on behalf of Dft Fifth Third Bancorp. Attorneys Heather Crockett and Nathaniel Henson were not available for hearing. Counsel have no objection with proceeding with hearing absent Attys Crockett and Henson. Counsel advise there is a related secondary case pending in the Western District of Pennsylvania, #2:17-cv-290. All dates/ddls in Joint Report at #29 through close of discovery are adopted and incorporated herein. Initial Disclosures to be exchanged by 9/21/2017. Any motion for leave to amend pleadings to be filed by 12/1/2017. Discovery deadline is 6/30/2018. Expert Discovery deadline is 8/31/2018. Pla expert witness disclosures and reports to be delivered to the Dfts by 4/30/2018. Dfts expert witness disclosures and reports to be delivered to the Pla by 5/31/2018. Supplemental expert reports due to other parties by 7/31/2018. Magistrate Consent forms due by 9/28/2017. (FTR 1st floor.) (mr)
August 31, 2017 Filing 29 REPORT of Rule 26(f) Planning Meeting. (Nunez AUSA, Jeffrey)
August 1, 2017 Opinion or Order Filing 28 MINUTE ORDER: The Court STRIKES the "Answer and Disclaimer of Indiana Department of Revenue" 19 for failure to comply with N.D. Ind. L.R. 10-1(a) regarding the format of responsive pleadings, N.D. Ind. L.R. 7-1(a) requiring that motions be filed separately, and N.D. Ind. L.R. 7-1(b) requiring a supporting brief for a Motion to Dismiss brought under Fed. R. Civ. P. 12. Text entry order. By Magistrate Judge Paul R Cherry on 8/1/2017. (mr)
July 31, 2017 Filing 27 MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track).. (mr)
July 31, 2017 Opinion or Order Filing 26 ORDER & NOTICE OF HEARING: Telephonic Rule 16 Preliminary Pretrial Conference set for 9/7/2017 at 9:45 AM (Eastern time)before Magistrate Judge Paul R Cherry w/the Court initiating the conference. Parties' proposed joint discovery plan in accordance with FRCP 26(f) due 9/1/2017. Signed by Magistrate Judge Paul R Cherry on 7/31/2017. (mr)
July 28, 2017 Filing 25 Porter County, Indiana's ANSWER to #1 Complaint, and Stipulation with the United States by United States of America.(Nunez AUSA, Jeffrey)
July 28, 2017 Filing 24 NOTICE of Appearance by Nathaniel C Henson on behalf of Porter County Indiana (Henson, Nathaniel)
July 21, 2017 Filing 23 Amended ANSWER to #1 Complaint, by Katherine A Micco.(Hester, Jeffrey)
July 20, 2017 Opinion or Order Filing 22 MINUTE ORDER striking Defendant Katherine A. Micco's #21 Answer to Complaint for failure to comply with N.D. Ind. L.R. 10-1(a). Defendant Micco is granted up to and including 7/27/2017 to file an Answer that complies with L.R. 10-1(a). Text entry order. By Magistrate Judge Paul R Cherry on 7/20/2017. (mr)
July 19, 2017 Filing 21 ANSWER to #1 Complaint, by Katherine A Micco.(Hester, Jeffrey)
July 19, 2017 Filing 20 NOTICE of Appearance by Jeffrey M Hester on behalf of Katherine A Micco (Hester, Jeffrey)
July 18, 2017 Filing 18 NOTICE of Appearance by Heather M Crockett on behalf of State of Indiana (Crockett, Heather)
June 7, 2017 Filing 17 ANSWER to #1 Complaint, by Civitas Bank, Fifth Third Bancorp, Fifth Third Mortgage Company.(Blaske, Nathan)
June 6, 2017 Opinion or Order Filing 16 MINTUE ORDER striking 12 Answer for failure to comply with N.D. Ind. L.R. 10-1(a). Dfts Civitas Bank, Fifth Third Bancorp, and Fifth Third Mortgage Company are granted up to and including 6/13/2017 to file an Answer that complies with L.R. 10-1(a). Text order entry. By Magistrate Judge Paul R Cherry on 6/6/2017. (mr)
June 5, 2017 Filing 15 Corporate Disclosure Statement by Fifth Third Mortgage Company identifying Corporate Parent Fifth Third Bancorp for Fifth Third Mortgage Company.. (Blaske, Nathan)
June 5, 2017 Filing 14 Corporate Disclosure Statement by Civitas Bank identifying Corporate Parent Fifth Third Bancorp for Civitas Bank.. (Blaske, Nathan)
June 5, 2017 Filing 13 Corporate Disclosure Statement by Fifth Third Bancorp. (Blaske, Nathan)
June 5, 2017 Filing 11 NOTICE of Appearance by Nathan H Blaske on behalf of Civitas Bank, Fifth Third Bancorp, Fifth Third Mortgage Company (Blaske, Nathan)
May 22, 2017 Filing 10 WAIVER OF SERVICE Returned Executed by United States of America. Katherine A Micco waiver sent on 5/18/2017, answer due 7/17/2017. (Nunez AUSA, Jeffrey)
May 17, 2017 Filing 9 SUMMONS Returned Executed by United States of America. State of Indiana served on 5/5/2017, answer due 5/26/2017. (Nunez AUSA, Jeffrey)
May 8, 2017 Filing 8 WAIVER OF SERVICE Returned Executed by United States of America. Porter County Indiana waiver sent on 4/24/2017, answer due 6/23/2017. (Attachments: #1 Exhibit A - Waiver of Service, Porter County)(Nunez AUSA, Jeffrey)
May 1, 2017 Opinion or Order Filing 7 ORDER REASSIGNING CASE. Case reassigned to Judge Rudy Lozano for all further proceedings. Judge Philip P Simon no longer assigned to case. Magistrate Consent forms due by 5/22/2017. Signed by Chief Judge Theresa L Springmann on 5/1/17. (jld)
April 14, 2017 Filing 6 WAIVER OF SERVICE Returned Executed by United States of America. Civitas Bank waiver sent on 4/5/2017, answer due 6/5/2017. (Nunez AUSA, Jeffrey)
April 14, 2017 Filing 5 WAIVER OF SERVICE Returned Executed by United States of America. Fifth Third Bancorp waiver sent on 4/5/2017, answer due 6/5/2017. (Nunez AUSA, Jeffrey)
April 14, 2017 Filing 4 WAIVER OF SERVICE Returned Executed by United States of America. Fifth Third Mortgage Company waiver sent on 4/5/2017, answer due 6/5/2017. (Nunez AUSA, Jeffrey)
April 6, 2017 Opinion or Order Filing 3 ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. Text entry order. By Magistrate Judge Paul R Cherry on 4/6/2017. (smb)
March 6, 2017 Filing 2 Summons Issued as to Civitas Bank, Fifth Third Bancorp, Fifth Third Mortgage Company, Katherine A Micco, Porter County Indiana, State of Indiana. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (lhc)
March 6, 2017 Judge Philip P Simon and Magistrate Judge Paul R Cherry added. *NEW CASE* (lhc)
March 3, 2017 Filing 1 COMPLAINT against All Defendants, filed by United States of America. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons Katherine A. Micco, #3 Proposed Summons Fifth Third Bancorp., #4 Proposed Summons Fifth Third Mortgage Company, #5 Proposed Summons Civitas Bank, #6 Proposed Summons State of Indiana, Department of Revenue, #7 Proposed Summons Porter County, Indiana)(Nunez AUSA, Jeffrey)

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Defendant: Micco
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Defendant: Katherine A Micco
Represented By: Jeffrey M Hester
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Defendant: Fifth Third Mortgage Company
Represented By: Nathan H Blaske
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Defendant: Porter County Indiana
Represented By: Nathaniel C Henson
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Defendant: Civitas Bank
Represented By: Nathan H Blaske
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Defendant: State of Indiana
Represented By: Heather M Crockett
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Defendant: Fifth Third Bancorp
Represented By: Nathan H Blaske
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Plaintiff: United States of America
Represented By: Bradley A Sarnell
Represented By: Jeffrey N Nunez - AUSA
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