Stone et al v. United States of America
| Norwood E Stone and Maria D Stone |
| UNITED STATES OF AMERICA |
| 5:2018cv00598 |
| December 20, 2018 |
| US District Court for the Eastern District of North Carolina |
| Terrence W Boyle |
| Taxes |
| 28 U.S.C. § 7402 Refund of Taxes |
| None |
Docket Report
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| Filing 28 STIPULATION of Dismissal by United States of America (Sasarak, Stephanie) |
| Filing 27 Appendix to the Statement of Facts regarding #24 MOTION for Summary Judgment filed by United States of America. (Attachments: #1 Affidavit Declaration of Nancy Gregory, #2 Exhibit Gregory Decl. Ex. 1, #3 Exhibit Gregory Decl. Ex. 2, #4 Exhibit Ex. 3 Certificate of Assessment) (Sasarak, Stephanie) |
| Filing 26 Statement of Material Facts regarding #24 MOTION for Summary Judgment filed by United States of America. (Sasarak, Stephanie) |
| Filing 25 Memorandum in Support regarding #24 MOTION for Summary Judgment filed by United States of America. (Sasarak, Stephanie) |
| Filing 24 MOTION for Summary Judgment filed by United States of America. (Attachments: #1 Text of Proposed Order) (Sasarak, Stephanie) |
Filing 23
ORDER granting #22 Motion for Extension of Time to File Dispositive Motions. Signed by Magistrate Judge Robert B. Jones, Jr on 12/16/2019. (Stouch, L.)
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| Filing 22 Joint MOTION for Extension of Time to File Dispositive Motions filed by Maria D Stone, Norwood E Stone. (Attachments: #1 Text of Proposed Order) (Horowitz, Steve) |
| Motion Referred to US Magistrate Judge Robert B. Jones, Jr regarding #22 Joint MOTION for Extension of Time to File Dispositive Motions. (Stouch, L.) |
| Filing 21 ANSWER to #20 Amended Complaint by United States of America. (Sasarak, Stephanie) |
| Filing 20 AMENDED COMPLAINT against United States of America filed by Norwood E Stone, Maria D Stone. (Attachments: #1 Index, #2 Exhibit A - Redacted copy of the Form 4868, Application for Automatic Extension of Time to File U.S. Individual Income Tax Return, #3 Exhibit B - Redacted copy of the Service's Account Transcript for the 2008 Tax Year, #4 Exhibit C - Redacted copy of Plaintiff's 2008 Tax Return, #5 Exhibit D - Redacted copy of the 12-4-2019 letter and enclosed voluntary prepayment in the amount of $138,860.00, #6 Exhibit E - Redacted copy of a letter from the Service dated 8-18-2010, #7 Exhibit F - Redacted copy of the 10-18-2010 letter, #8 Exhibit G - Redacted copy of the Examination Report, #9 Exhibit H - Redacted copy of the Notice of Deficiency, #10 Exhibit I - Redacted copy of CP21E dated 9-5-2011, #11 Exhibit J - Redacted copy of check in the amount of $116,451.75, #12 Exhibit K - Redacted copy of Duplicate Amended 2008 Tax Return, #13 Exhibit L - Redacted copy of Service's Account Transcript for 2011 Tax Year, #14 Exhibit M - Redacted copy of Request for Quick or Prompt Assessment, #15 Exhibit N - Copy of Service's Account Transcript for 2013 Tax Year, #16 Exhibit O - Redacted copy of 2013 Tax Return, #17 Exhibit P - Redacted copy of Form 1045, #18 Exhibit Q - Redacted copy of the First Claim for Refund, #19 Exhibit R - Redacted copy of the Second claim for Refund) (Stouch, L.) |
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Filing 19
ORDER granting #17 Motion to Amend Complaint. Signed by Chief Judge Terrence W. Boyle on 7/22/2019. (Stouch, L.)
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| Filing 18 Notice filed by United States of America regarding #17 MOTION to Amend/Correct #1 Complaint,,,, Corrected Motion for Leave to Amend Pleadings Notice of No Objection. (Choksi, Kunal) |
| Motion Submitted to Chief Judge Terrence W. Boyle regarding #17 MOTION to Amend #1 Complaint Corrected Motion for Leave to Amend Pleadings. (Stouch, L.) |
| Filing 17 MOTION to Amend/Correct #1 Complaint,,,, Corrected Motion for Leave to Amend Pleadings filed by Maria D Stone, Norwood E Stone. (Attachments: #1 Amended Complaint, #2 Proposed Order, #3 Index, #4 Exhibit Redacted copy of the Form 4868, Application for Automatic Extension of Time to File U.S. Individual Income Tax Return, #5 Exhibit Redacted copy of the Service's Account Transcript for the 2008 Tax Year, #6 Exhibit Redacted copy of Plaintiff's 2008 Tax Return, #7 Exhibit Redacted copy of the 12-4-2019 letter and enclosed voluntary prepayment in the amount of $138,860.00, #8 Exhibit Redacted copy of a letter from the Service dated 8-18-2010 acknowledging receipt of the Plaintiff's voluntary prepayment in the amount of $138,860.00, #9 Exhibit Redacted copy of the 10-18-2010 letter, #10 Exhibit Redacted copy of the Examination Report, #11 Exhibit Redacted copy of the Notice of Deficiency, #12 Exhibit Redacted copy of CP21E dated 9-5-2011 informing the Plaintiffs of a refund of tax due to the Plaintiffs in the amount of $109,035.37, #13 Exhibit Redacted copy of check in the amount of $116,451.75, representing a refund of tax in the amount of $109,035.37 together with interest in the amount of $7,416.38 issued to the Plaintiffs by the United States Treasury with respect to the Plaintiff's 2008 Tax Year, #14 Exhibit Redacted copy of Duplicate Amended 2008 Tax Return filed stamped as received by the Service on 2-7-2013, #15 Exhibit Redacted copy of Service's Account Transcript for 2011 Tax Year, #16 Exhibit Redacted copy of Request for Quick or Prompt Assessment, #17 Exhibit Copy of Service's Account Transcript for 2013 Tax Year, #18 Exhibit Redacted copy of 2013 Tax Return, #19 Exhibit Redacted copy of Form 1045, Application for Tentative Refund, #20 Exhibit Redacted copy of the First Claim for Refund, #21 Exhibit Redacted copy of the Second claim for Refund) (Horowitz, Steve) |
| Filing 16 ***Counsel filed corrected version to correct omission of exhibit at DE [17*** First MOTION to Amend #1 Complaint Motion for Leave to Amend Pleadings filed by Maria D Stone, Norwood E Stone. (Attachments: #1 Supplement Amended Complaint, #2 Index, #3 Exhibit A - Redacted Form 4868, #4 Exhibit B - Redacted 2008 Account Transcript, #5 Exhibit C - Redacted 2008 Tax Return, #6 Exhibit D - December 4, 2009 Letter, #7 Exhibit E - August 18, 2010 Letter, #8 Exhibit F - October 18, 2010 Letter, #9 Exhibit G - Examination Report, #10 Exhibit H - Notice of Deficiency, #11 Exhibit I - Notice CP21E, #12 Exhibit J - Copy of Check, #13 Exhibit K - Duplicate Amended 2008 Tax Return, #14 Exhibit L - Service's Account Transcript for the 2011 Tax Year, #15 Exhibit M - Request for Quick or Prompt Assessment, #16 Exhibit N - Service's Account Transcript for the 2013 Tax Year, #17 Exhibit O - 2013 Tax Return, #18 Exhibit P - Form 1045, Application for Tentative Refund, #19 Exhibit Q - First Claim for Refund, #20 Exhibit R - Second Claim for Refund) (Horowitz, Steve) Modified on 7/15/2019 to name the exhibits (Stouch, L.). Modified on 7/18/2019 (Stouch, L.). |
| REMINDER TO COUNSEL as to Maria D Stone, Norwood E Stone. Pursuant to Judge Boyle's #Practice Preferences located on the court's website, counsel shall provide a courtesy copy of all documents over 20 pages, by mailing or delivering to the clerk's office in Raleigh. For future filings, counsel is reminded to properly identify exhibits pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual (i.e., "Exhibit 1" is not a sufficient description). Case manager has labeled exhibits in the docket entry and no further action is needed from counsel. (Stouch, L.) |
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Filing 15
ORDER granting #14 Motion for Extension of Time to Amend Scheduling Order. The deadline for the parties to amend the pleadings is extended to July 15, 2019. Signed by Magistrate Judge Robert B. Jones, Jr on 7/1/2019. (Stouch, L.)
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| Filing 14 MOTION for Extension of Time to Amend Extension of time to file Motion for Leave to Amend Pleadings filed by Maria D Stone, Norwood E Stone. (Horowitz, Steve) |
| Motion Referred to US Magistrate Judge Robert B. Jones, Jr regarding #14 MOTION for Extension of Time to Amend Extension of time to file Motion for Leave to Amend Pleadings. (Stouch, L.) |
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Filing 13
SCHEDULING ORDER: Discovery due by 11/14/2019. Motions due by 12/16/2019. Signed by Magistrate Judge Robert B. Jones, Jr on 4/30/2019. Counsel is reminded to read the order in its entirety for important deadlines and information. (Stouch, L.)
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| Filing 12 Notice of Appearance filed by Julie Marion Bradlow on behalf of All Plaintiffs. (Bradlow, Julie) |
| Filing 11 Rule 26(f) Report (joint) filed by United States of America. (Choksi, Kunal) |
| Remark - #11 Rule 26(f) Report (joint) referred to US Magistrate Judge Robert B. Jones, Jr. for the entry of a scheduling order. (Stouch, L.) |
| Filing 10 Notice of Appearance filed by Stephanie A. Sasarak on behalf of United States of America. (Sasarak, Stephanie) |
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Filing 9
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 3/21/2019. (Stouch, L.)
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| Filing 8 ANSWER to #1 Complaint by United States of America. (Choksi, Kunal) |
| Filing 7 Notice of Appearance filed by Kunal J. Choksi on behalf of United States of America. (Choksi, Kunal) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #6 Consent MOTION for Extension of Time to File Answer regarding #1 Complaint. (Stouch, L.) |
| Notice to Counsel - Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Stouch, L.) |
| TEXT ORDER granting Defendant's Motion for Extension of Time #6 . For good cause shown and with the consent of Plaintiffs, it is ordered that Defendant has up to and including March 21, 2019, within which to answer or otherwise respond to the Complaint #1 . Signed by Peter A. Moore, Jr., Clerk of Court on 3/8/2019. (Hockaday, A.) |
| Filing 6 Consent MOTION for Extension of Time to File Answer regarding #1 Complaint,,,, filed by United States of America. (Attachments: #1 Text of Proposed Order) (Choksi, Kunal) |
| Filing 5 Financial Disclosure Statement by Maria D Stone (Horowitz, Steve) |
| Filing 4 Financial Disclosure Statement by Norwood E Stone (Horowitz, Steve) |
| Filing 3 Notice of Appearance filed by Steve C. Horowitz on behalf of All Plaintiffs. (Horowitz, Steve) |
| Filing 2 Summons Issued as to United States of America and the US Attorney. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*). (Rudd, D.) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0417-4767663.), filed by Norwood E Stone, Maria D Stone. (Attachments: #1 Exhibit Exhibit List, #2 Exhibit A-Form 4868, #3 Exhibit B- Transcript for 2008 Tax Year, #4 Exhibit C- Plaintiffs 2008 Tax Return, #5 Exhibit D-Correspondence 12/04/2009, #6 Exhibit E- Correspondence 08/18/2018, #7 Exhibit F-Correspondence 10/18/2010, #8 Exhibit G- Examination Report, #9 Exhibit H-Notice of Deficiency, #10 Exhibit I- Notice CP21E, #11 Exhibit J-Refund Check, #12 Exhibit K-Duplicate Amended 2008 Tax Return, #13 Exhibit L- Transcript for 2011 Tax Year, #14 Exhibit M-Request for Quick or Prompt Assessment, #15 Exhibit N-Transcript for 2013 Tax Year, #16 Exhibit O-2013 Tax Return, #17 Exhibit P- Form 1045, #18 Exhibit Q-First Claim for Refund, #19 Exhibit R- Second Claim for Refund, #20 Civil Cover Sheet, #21 Proposed Summons US Attorney Raleigh, #22 Proposed Summons US Attorney Washington) (Horowitz, Steve) (Attachment 22 flattened and replaced on 12/21/2018) (Edwards, S.). |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Maria D Stone, Norwood E Stone. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Rudd, D.) |
| Notice to Counsel - Counsel is reminded that the court prefers flattened pdf fillable forms. Counsel should "flatten" the summons prior to attaching it in accordance with Section IV.B of the CM/ECF Policies and Procedures Manual. (Rudd, D.) |
| Notice to Counsel -Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.) |
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