United States of America v. Allen
Plaintiff: United States of America
Defendant: John Allen
Counter Claimant: Theresa Thomas, Carol J Askew, Sandra Vonderembse, Kevin Thomas, Charles Supplee, Richard Lynn Glover, Gerald Judy, Donna Supplee and Jerry P Rable
Case Number: 2:2009cv00852
Filed: September 29, 2009
Court: US District Court for the Southern District of Ohio
Office: Columbus Office
County: MUSKINGUM
Presiding Judge: Norah McCann King
Referring Judge: Edmund A Sargus
Nature of Suit: Taxes
Cause of Action: 26:7402
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 14, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 14, 2012 Filing 69 Mail Returned as Undeliverable. Opinion and Order #68 mailed to Richard Lynn Glover. (Attachments: #1 Exhibit) (rew)
December 4, 2012 Opinion or Order Filing 68 OPINION AND ORDER denying #63 Defendant's Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Edmund A Sargus on 12/04/2012. (dh1)
June 19, 2012 Filing 67 NOTICE to principals and agents to cease and desist by defendant John Allen. (rew)
May 29, 2012 Filing 66 Mail Returned as Undeliverable as addressed Opinion and Order #65 mailed to Richard Lynn Glover. (Attachments: #1 Exhibit) (rew)
May 24, 2012 Opinion or Order Filing 65 OPINION AND ORDER denying #59 Defendant's Motion to Dismiss as Moot, which the Court construes as a request for relief from judgment, as the Court has already granted judgment in Plaintiff's favor. Signed by Judge Edmund A Sargus on 05/24/2012. (dh1)
April 16, 2012 Filing 64 RESPONSE in Opposition re #63 MOTION filed by Plaintiff United States of America. (Applegate, Daniel)
March 28, 2012 Filing 63 MOTION to dismiss for lack of jurisdiction by John Allen . (rew) Modified on 3/29/2012 (rew).
March 27, 2012 Filing 62 NOTICE of not receiving a document re #60 Response in Opposition to Motion by Defendant John Allen. (rew)
February 8, 2012 Filing 61 NOTICE of Change of Address by Defendant John Allen. (rew)
December 16, 2011 Filing 60 RESPONSE in Opposition re #59 MOTION to Dismiss filed by Plaintiff United States of America. (Applegate, Daniel)
December 6, 2011 Filing 59 MOTION to Dismiss filed by Defendant John Allen. Responses due by 12/30/2011 (jcw1)
October 26, 2011 Filing 58 NOTICE of Change of Address by Defendant John Allen. (rew)
October 20, 2011 Filing 57 Response re #56 Status Report by Plaintiff United States of America. (Applegate, Daniel)
October 17, 2011 Filing 56 Case Status by defendant John Allen. (rew)
August 29, 2011 Filing 55 Mail Returned as Unclaimed re: #47 , mail sent to John Allen. (jcw1)
August 29, 2011 Filing 54 ACKNOWLEDGMENT OF SERVICE Executed as to #47 REPORT AND RECOMMENDATIONS and #53 Order on Motion for Contempt, Order on Motion to Stay, Order on Report and Recommendations. (jcw1)
August 25, 2011 Opinion or Order Filing 53 ORDER adopting and affirming #47 the Magistrate Judge's Report and Recommendation. Petitioner's Motion to Hold Respondent in Contempt #38 is denied without prejudice to renewal. Respondent's Motions to Stay #45 #48 are denied without prejudice to renewal. Should Respondent renew his Motions to Stay, he must provide a statement from his physician indicating when surgery is contemplated and the expected period of recuperation. Respondent must also specify the date of his release from incarceration. The Clerk is directed to remove all motions from the Court's pending motions list. The Clerk is directed to change the Respondent's address as requested by him in Doc. 52. The Clerk is directed to mail a copy of the Report and Recommendation to Respondent at his new address. Signed by Judge Edmund A Sargus on 08/25/2011. (dh1)
August 23, 2011 Filing 52 REBUTTAL to petitioners response to re #48 MOTION to Stay filed by Defendant John Allen. (rew)
August 17, 2011 Filing 51 RESPONSE in Opposition re #48 MOTION to Stay, #45 MOTION to Stay filed by Plaintiff United States of America. (Applegate, Daniel)
August 12, 2011 Filing 50 Mail Returned as Undeliverable. Report and Recommendation #47 mailed to Richard Lynn Glover by regular mail. (Attachments: #1 Exhibit) (rew)
August 12, 2011 Filing 49 Mail Returned as Undeliverable. Report and Recommendation #47 mailed to Richard L Glover by certified mail # 7009 2820 0003 5794 6358 (rew)
August 9, 2011 Filing 48 MOTION to Stay Case by Defendant John Allen. (jcw1)
August 8, 2011 Filing 47 REPORT AND RECOMMENDATIONS re #38 Motion for Contempt: The Magistrate Judge RECOMMENDS that Petitioner's Motion to Hold Respondent in Contempt be DENIED WITHOUT PREJUDICE, subject to reconsideration after Respondent has proper notice of any rescheduled evidentiary hearing. Objections to R&R due within fourteen (14) days of the date of this Report. Signed by Magistrate Judge Elizabeth Preston Deavers on 8/8/2011. (er1)
August 4, 2011 Filing 46 Mail Returned as Unclaimed : Order #43 mailed to John Allen by certified mail. (Attachments: #1 Exhibit, #2 Exhibit) (rew)
August 4, 2011 Filing 45 MOTION to Stay by Defendant John Allen. (rew)
August 1, 2011 Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Motion Hearing held on 8/1/2011 re #38 Motion for Contempt filed by United States of America. Dft not present, Court to issue an R&R. (Court Reporter Laura Samuels; Plt Atty: Daniel Applegate) (sln1) (Copy of this minute entry mailed to dft via regular U.S. Mail.)
August 1, 2011 Opinion or Order Filing 44 ORDER referring #38 Motion for Contempt, including hearing scheduled for 08/01/2011 at 10:00 a.m., to Magistrate Judge Elizabeth Preston Deavers for a Report and Recommendation. Signed by Judge Edmund A Sargus on 08/01/2011. (dh1)
July 14, 2011 Opinion or Order Filing 43 ORDER setting hearing on the Petitioner's Motion for Contempt against Respondent. This motion is scheduled for a full evidentiary hearing on 08/01/2011 at 10:00 a.m. The Clerk shall send a copy of this Order to the Respondent by certified mail.Signed by Judge Edmund A Sargus on 07/14/2011. (dh1)
June 10, 2011 Opinion or Order Filing 42 ORDER of USCA as to #35 Notice of Appeal filed by John Allen. The motion to proceed in forma pauperis is denied. Allen must pay the $455 filing fee to the district court within thirty days of the entry of this order or this appeal will be dismissed for want of prosecution. (pes1)
January 6, 2011 Filing 41 Supplemental Objections to #38 Motion for Contempt filed by Defendant John Allen. (rew)
December 22, 2010 Filing 40 REPLY to Response to Motion re #38 Motion for Contempt filed by Plaintiff United States of America. (Applegate, Daniel)
December 13, 2010 Filing 39 Objections to Motion re #38 Motion for Contempt filed by Defendant John Allen. (rew)
November 10, 2010 Filing 38 Motion for Contempt by Plaintiff United States of America. (Attachments: #1 Exhibit A - Declaration of Revenue Agent Fletcher) (Applegate, Daniel)
June 28, 2010 USCA Case Number 10-3782 for #35 Notice of Appeal filed by John Allen. (ddo1)
June 24, 2010 Opinion or Order Filing 37 ORDER denying #36 Respondent's Motion for Leave to Proceed on Appeal in forma pauperis. Signed by Judge Edmund A Sargus on 06/24/2010. (dh)
June 18, 2010 Filing 36 MOTION for Leave to Appeal in forma pauperis by Defendant John Allen. (er1)
June 18, 2010 Filing 35 NOTICE OF APPEAL as to #32 Order Adopting Report and Recommendations & #33 Clerk's Judgment by Defendant John Allen. (er1)
June 14, 2010 *** Will resend last two documents to Mr. Glover to the address noted on the right lower corner of the envelope. Richard L. Glover, PO Box 173, Ashville, OH 43103-0173. (er1)
June 14, 2010 Filing 34 Mail Returned as Undeliverable. (Foreward Time Exp- Return to Sender) Mail sent to Richard Lynn Glover. Documents include #32 & #33 . (er1)
June 10, 2010 Filing 33 JUDGMENT is entered pursuant to the Order filed 06/10/2010. This case is closed. (dh)
June 10, 2010 Opinion or Order Filing 32 ORDER adopting the Magistrate Judge's Report and Recommendation in its entirety. The summons issued by the Petitioner is ENFORCED. Subject to enforcement proceedings, if necessary, this case is DISMISSED. Signed by Judge Edmund A Sargus on 06/10/2010. (dh)
March 24, 2010 Filing 31 RESPONSE in Opposition re #30 MOTION to Dismiss filed by Plaintiff United States of America. (Applegate, Daniel)
March 19, 2010 Filing 30 MOTION to Dismiss Petition filed by Defendant John Allen. Responses due by 4/12/2010 (Attachments: #1 Exhibit A) (sr)
March 15, 2010 Filing 29 REPLY to Response to Motion re #27 MOTION for Joinder MOTION Joinder of Additional Counter-Defendants filed by Defendant John Allen. (jr1)
March 8, 2010 Filing 28 RESPONSE in Opposition re #27 MOTION for Joinder MOTION Joinder of Additional Counter-Defendants filed by Plaintiff United States of America. (Applegate, Daniel)
March 5, 2010 Filing 27 MOTION for Joinder of Additional Counter-Defendants filed by Defendant John Allen. (sr)
March 3, 2010 Filing 26 OBJECTION to #20 Report and Recommendations by Defendant John Allen. (pes1)
February 24, 2010 Filing 25 REPLY to #24 Response to #22 MOTION for Leave to File filed by Defendant John Allen. (er1)
January 25, 2010 Filing 24 RESPONSE in Opposition re #22 MOTION for Leave to File filed by Plaintiff United States of America. (Applegate, Daniel)
January 20, 2010 Filing 23 ACKNOWLEDGMENT OF SERVICE Executed as to #20 REPORT AND RECOMMENDATIONS as to Richard Glover, served on 1/19/10. (jcw1)
January 11, 2010 Filing 22 MOTION for Leave to File Second Amended Counterclaim Instanter by Counter Claimant John Allen. (Attachments: #1 Second Amended Counterclaim) (jr1)
January 6, 2010 Filing 21 ACKNOWLEDGMENT OF SERVICE Executed as to Defendant John Allen re #20 REPORT AND RECOMMENDATIONS. (jr1)
December 31, 2009 Filing 20 REPORT AND RECOMMENDATIONS re #2 Petition to Enforce IRS Summons, #7 Counterclaim & #9 Amended Counterclaim: The Magistrate Judge RECOMMENDS that the summons issued to respondent be ENFORCED. It is FURTHER RECOMMENDED that the claims asserted by respondent in the Counterclaim and in the Amended Counterclaim be DISMISSED for lack of subject matter jurisdiction. Objections to R&R due by 1/19/2010. Signed by Magistrate Judge Norah McCann King on 12/31/09. (er1)
December 24, 2009 Filing 19 RESPONSE in Opposition to #11 MOTION to Dismiss Counterclaim (Related to Docket No. 9) filed by Defendant John Allen. (er1)
December 16, 2009 Filing 18 Transcript of Proceedings held on 11/20/09, Court Reporter/Transcriber Denise Errett, Telephone number 614-719-3029. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 1/6/2010. Redacted Transcript Deadline set for 1/19/2010. Release of Transcript Restriction set for 3/16/2010. (jr1)
December 16, 2009 Opinion or Order Filing 17 ORDER granting in part and denying in part #16 Motion for Extension of Time to File Response re #11 MOTION to Dismiss Counterclaim (Related to Docket No. 9). Responses due by 12/24/2009. Signed by Magistrate Judge Norah McCann King on 12/16/09. (jr1)
December 14, 2009 Filing 16 MOTION for Extension of Time to File Response as to #11 MOTION to Dismiss Counterclaim (Related to Docket No. 9) by Defendant John Allen. New date requested 1/11/2010. (jr1)
November 24, 2009 Filing 15 Affidavit In Support of First Amended Counterclaim re #9 Counterclaim filed by Defendant John Allen. (sr)
November 24, 2009 Filing 14 RESPONSE in Opposition re #11 MOTION to Dismiss Counterclaim (Related to Docket No. 9) filed by Defendant John Allen. (sr)
November 20, 2009 Filing 13 Minute Entry for proceedings held before Magistrate Judge Norah McCann King: Show Cause Hearing held on 11/20/2009. Defendant did not appear at hearing. (Court Reporter Denise Errett.) (jr1)
November 19, 2009 Filing 12 REPLY to #10 Response to #6 MOTION to Dismiss filed by Defendant John Allen. (er1)
November 19, 2009 Filing 11 MOTION to Dismiss Counterclaim (Related to Docket No. 9) by Plaintiff United States of America. Responses due by 12/14/2009 (Applegate, Daniel)
November 9, 2009 Filing 10 RESPONSE in Opposition re #6 MOTION to Dismiss filed by Plaintiff United States of America. (Applegate, Daniel)
November 4, 2009 Filing 9 First Amended COUNTERCLAIM filed by John Allen, Richard Lynn Glover, Jerry P Rable, Kevin Thomas, Gerald Judy, Theresa Thomas, Charles Supplee, Carol J Askew, Donna Supplee, Sandra Vonderembse against United States of America. (kjm1) Modified on 11/4/2009 to add filer (kjm1).
October 27, 2009 Filing 8 MANDATORY NOTICE by Defendant John Allen. (er1)
October 27, 2009 Filing 7 COUNTERCLAIM filed by John Allen against United States of America. (er1)
October 16, 2009 Filing 6 MOTION to Dismiss Case and Quash Summons filed by Defendant John Allen. Responses due by 11/9/2009. (jcw)
October 15, 2009 Filing 5 Waiver of Service of Process - Declaration filed by Defendant John Allen. (sr)
October 5, 2009 Filing 4 NOTICE of Hearing: Show Cause Hearing set for 11/20/2009 @ 10:00 AM in courtroom 228 before Magistrate Judge Norah McCann King. (jm1)
October 5, 2009 Opinion or Order Filing 3 ORDER TO SHOW CAUSE: Show Cause Hearing set for 11/20/2009 at 10:00 AM before Magistrate Judge Norah McCann King. Signed by Judge Edmund A Sargus on 10/05/09. (dh)
September 29, 2009 Filing 2 PETITION to Enforce IRS Summons filed filed by United States of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Order To Show Cause) (sr)
September 29, 2009 Filing 1 Civil Cover Sheet. (sr)

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Plaintiff: United States of America
Represented By: Daniel A Applegate
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Defendant: John Allen
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Counter claimant: Theresa Thomas
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Counter claimant: Carol J Askew
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Counter claimant: Sandra Vonderembse
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Counter claimant: Kevin Thomas
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Counter claimant: Charles Supplee
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Counter claimant: Richard Lynn Glover
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Counter claimant: Gerald Judy
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Counter claimant: Donna Supplee
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Counter claimant: Jerry P Rable
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