Lowery v. USA
Plaintiff: Marshall O. Lowery
Defendant: United States of America
Case Number: 3:2016cv00701
Filed: October 3, 2016
Court: US District Court for the Western District of North Carolina
Office: Charlotte Office
County: Mecklenburg
Presiding Judge: David Keesler
Presiding Judge: Robert J. Conrad
Nature of Suit: Taxes (US Plaintiff or Defendant)
Cause of Action: 26 U.S.C. ยง 6532
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
March 16, 2020 Opinion or Order Filing 98 ORDER directing that this matter be CLOSED. Signed by Magistrate Judge David Keesler on 3/16/20. (mga)
March 11, 2020 Opinion or Order Filing 97 ORDER granting 89 Plaintiff's Motion for Award of Costs and Fees. IT IS FURTHER ORDERED that Defendant shall pay to Plaintiff $48,353.95 in costs and fees associated with this matter. Signed by Magistrate Judge David Keesler on 3/11/20. (mga)
June 4, 2019 Opinion or Order Filing 88 ORDER granting 87 Joint Motion For A Briefing Schedule. The following deadlines shall apply: Plaintiff may file a motion for attorney fees and costs under 26 U.S.C. § 7430 on or before June 24, 2019; Defendant shall f ile a response to any motion for attorney fees and costs on or before July 23, 2019; and Plaintiff shall file a reply brief, or notice of intent not to reply, on or before July 31, 2019. Signed by Magistrate Judge David Keesler on 6/3/19. (mga) Modified date on 6/4/2019 (mga).
May 21, 2019 Opinion or Order Filing 86 ORDER denying as moot 68 Plaintiff's Motion in Limine; denying as moot 70 Defendant's Motion to Compel; and denying as moot 71 United States' Motion in Limine. Signed by Magistrate Judge David Keesler on 5/20/19. (mga)
May 17, 2019 Opinion or Order Filing 85 ORDER sua sponte for scheduling purposes: re 84 Case Settlement Notice. Case Settlement Deadline set 5/31/2019. The trial scheduled for 5/20/2019 is cancelled. Signed by Magistrate Judge David Keesler on 5/17/19. (tob)
February 20, 2019 Opinion or Order Filing 67 ORDER that the trial of this matter shall be moved to the undersigned's civil term beginning May, 20, 2019. The parties shall appear for a Final Pretrial Conference set for 5/13/2019 at 02:00 PM in Courtroom 2-2, 401 W T rade St, Charlotte, NC 28202 before Magistrate Judge David Keesler. Jury Trial RESET for 5/20/2019 09:30 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before Magistrate Judge David Keesler. Signed by Magistrate Judge David Keesler on 2/19/19. (mga)
January 11, 2019 Opinion or Order Filing 66 ORDER that the trial of this matter shall be moved to the undersigned's civil term beginning April 8, 2019 ( Jury Trial RESET for 4/8/2019 09:30 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before Magistrate Judg e David Keesler.) The parties shall appear for a final pretrial conference on March 27, 2019 at 2:00 p.m. in Courtroom #2-2., ( Pretrial Conference set for 3/27/2019 02:00 PM in Courtroom 2-2, 401 W Trade St, Charlotte, NC 28202 before Magistrate Judge David Keesler. Signed by Magistrate Judge David Keesler on 1/11/19 (mga)
January 4, 2019 Opinion or Order Filing 65 ORDER denying without prejudice 63 Defendant's Motion For A Stay Of Case In Light Of Lapse Of Appropriations. Signed by Magistrate Judge David Keesler on 1/3/19. (mga)
September 26, 2018 Opinion or Order Filing 62 ORDER granting in part and denying in part 33 Motion for Summary Judgment ; denying 36 Motion for Summary Judgment. The parties shall appear for a Pretrial Conference on February 7, 2019, and a trial, if necessary, will be held during the civil term beginning February 19, 2019. Signed by Magistrate Judge David Keesler on 9/25/18. (mga)
August 15, 2018 Opinion or Order Filing 55 ORDER that each side may file a supplemental brief of twelve (12) pages or less in support of its motion for summary judgment, on or before August 24, 2018. Responses to supplemental briefs shall be filed on or before August 31, 2018. Reply briefs will not be allowed unless otherwise ordered. Signed by Magistrate Judge David Keesler on 8/15/18. (mga)
May 30, 2018 Opinion or Order Filing 50 ORDER granting 35 Motion to Seal.Plaintiff may file an unredacted version of its exhibits under seal on or before June 8, 2018.IT IS FURTHER ORDERED that Plaintiff shall also file a redacted version of its exhibits that is not under seal, on or before June 8, 2018. That counsel for the parties shall appear before the Court at 2:00 p.m. on August 7, 2018, prepared to discuss the status of this case and to present oral arguments regarding the pending motions for summary judgment. Signed by Magistrate Judge David Keesler on 5/30/18. (mga)
March 21, 2018 Opinion or Order Filing 46 ORDER directing the parties to file a Mediation Report on or before March 26, 2018, and SHOW CAUSE why it was not timely filed by February 12, 2018. Signed by Magistrate Judge David Keesler on 3/21/18. (mga)
July 7, 2017 Opinion or Order Filing 22 ORDER granting with modification 15 MOTION For Leave To Take More Than Ten Fact Witnesses and To Extend Discovery Deadlines and Entry Of a Modified Case Management Order. Signed by Magistrate Judge David Keesler on 7/7/2017. (eef)
June 1, 2017 Opinion or Order Filing 13 ORDER sua sponte that the parties shall file a report with the Court identifying their chosen mediator on or before June 13, 2017. IT IS FURTHER ORDERED that the deadline for filing a Mediation Report on the results of mediation is August 18, 2017. Signed by Magistrate Judge David Keesler on 6/1/17. (mga)
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Plaintiff: Marshall O. Lowery
Represented By: Gerald Francis Meek
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Defendant: United States of America
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