Padula et al v. United States of America
| William C. Padula and Yolanda M. Padula |
| United States of America |
| 2:2023cv04334 |
| June 13, 2023 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Taxes |
| 28 U.S.C. ยง 1346 Recovery of IRS Tax |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 19, 2023. A more recent docket listing may be available from PACER.
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| Civil Case Terminated as per voluntary dismissal. (RG) |
| Filing 8 NOTICE of Voluntary Dismissal by William C. Padula (Golkin, Dewey) |
| Filing 7 Letter Requesting Pre-Motion Conference for Motion to Dismiss by United States of America (Parke, Kimberly) |
ORDER denying #7 as unnecessary. The premotion conference is waived. This letter is deemed to constitute defendant's motion to dismiss on the ground of mootness. Plaintiffs' opposition, if they really want to oppose, is due 7/24/23. Defendant need not submit the proffered Yau declaration unless plaintiffs dispute the proffer. As far as attorneys' fees, the Court is unaware of any provision of federal law that would give plaintiffs the right to recover attorneys' fees, although it is open to plaintiffs' argument on that. The Court, however, is aware of several provisions of federal law that could expose plaintiffs and their counsel to attorneys' fees if they submit opposition to defendant's motion that is not in good faith. Ordered by Judge Brian M. Cogan on 7/17/2023. (PW)
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| Filing 6 Joint MOTION to Adjourn Conference for Four Weeks by United States of America. (Parke, Kimberly) |
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ORDER granting in part #6 . Initial Status Conference adjourned to 8/17/2023 at 4:00 PM. Parties will use the toll-free number 888-684-8852 followed by access code 6427877#. When the conference begins parties will be prompted to input the security code 4334#. The IRS should use all reasonable effort to get the refund issued before the date of the next conference. Ordered by Judge Brian M. Cogan on 6/28/2023. (PW)
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| Filing 5 NOTICE of Appearance by Kimberly Parke on behalf of United States of America (aty to be noticed) (Parke, Kimberly) |
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Filing 4
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 7/26/2023 at 09:00 AM. Parties will use the toll-free number 888-684-8852 followed by access code 6427877#. When the conference begins parties will be prompted to input the security code 4334#. See attached mandatory requirements for the conference. Ordered by Judge Brian M. Cogan on 6/13/2023. (AR)
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| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (KD) |
| Filing 2 Summons Issued as to United States of America, U.S. Attorney and U.S. Attorney General (KD) |
| Filing 1 COMPLAINT against United States of America, filed by William C. Padula, Yolanda M. Padula. (Attachments: #1 Civil Cover Sheet) (KD) |
| FILING FEE: $ 402.00, receipt number 100007580 (KD) |
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