USA v. Scherer et al
Plaintiff: United States Of America
Defendant: Ronald E. Scherer, West Virginia Healthcare, Inc., Maples Health Care, Inc., Summit Community Bank and Douglas Q. Holmes
Case Number: 2:2019cv03634
Filed: August 20, 2019
Court: US District Court for the Southern District of Ohio
Presiding Judge: Elizabeth Preston Deavers
Referring Judge: Kimberly A Jolson
2 Judge: Algenon L Marbley
Nature of Suit: Taxes
Cause of Action: 26:7403
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 12, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 16, 2019 Filing 62 RESPONSE to Motion re #61 MOTION Request Mediation/Settlement Conference filed by Plaintiff United States Of America. (Shapiro, Alan)
October 16, 2019 Filing 60 RESPONSE in Opposition re #57 MOTION for Leave to File, #58 MOTION, #52 MOTION for Discovery, #51 MOTION for Summary Judgment, #50 MOTION for Sanctions filed by Plaintiff United States Of America. (Shapiro, Alan)
October 15, 2019 Filing 61 MOTION Request Mediation/Settlement Conference by Defendant Ronald E. Scherer. (jlk)
October 7, 2019 Filing 59 Mail Returned as Undeliverable. Mail sent to Robert Scherer was returned not deliverable including #42 Order. (jlk)
October 4, 2019 Filing 56 ANSWER to #1 Complaint filed by Douglas Q. Holmes. (jlk) Modified date filed on 10/8/2019 (jlk).
October 4, 2019 Filing 55 AMENDED ANSWER to #1 Complaint by Defendant Ronald E. Scherer. (jlk) (jlk).
October 4, 2019 Opinion or Order Filing 54 ORDER denying #49 Motion for Leave to Appear Pro Hac Vice of Thomas T. Holmes. Signed by Chief Judge Algenon L. Marbley on 10/4/2019. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 3, 2019 Filing 58 MOTION to present harassment by the government to impede my constitutional rights by Defendant Ronald E. Scherer. (jlk)
October 2, 2019 Filing 57 MOTION for Leave to File Exhibits in Support of Sur Reply to Government's Reply by Defendant Ronald E. Scherer. (jlk)
October 1, 2019 Filing 53 Mail Returned as Undeliverable - RETURN TO SENDER / NO MAIL RECEPTACLE. Mail (doc #36 ) sent to Ronald E Scherer by certified mail on 9/18/2019 (7009 2820 0003 5798 3476) (kk2) And #45 Agreed Preliminary Injunction and Order (7009 2820 0003 5798 3070). (jlk) (Additional attachment(s) added on 10/3/2019: #1 Env.) (jlk).
October 1, 2019 Filing 52 MOTION for Discovery by Defendant Ronald E. Scherer. (jlk)
September 27, 2019 Filing 51 MOTION for Summary Judgment by Defendant Ronald E. Scherer. (Attachments: #1 D1 - D8, #2 D9 - D18, #3 D19 - D35) (jlk)
September 27, 2019 Filing 50 MOTION for Sanctions by Defendant Ronald E. Scherer. (jlk)
September 27, 2019 Filing 49 MOTION for Leave to Appear Pro Hac Vice WITHOUT LOCAL ATTORNEY (Filing fee of $200 paid, receipt number 200COL058784) of Thomas Holmes by Defendant Ronald E. Scherer. (jlk)
September 20, 2019 Opinion or Order Filing 45 AGREED PRELIMINARY INJUNCTION AND ORDER. Due to the Agreed Order re 2 Exparte, Motion for TRO, Motion for Order to Show Cause filed by United States Of America, 3 Exparte Motion for TRO filed by United States Of America, #27 Motion for Preliminary Injunction filed by Ronald E. Scherer Terminating:( 2 Ex Parte MOTION for Temporary Restraining Order MOTION for Order to Show Cause filed by United States Of America, #27 MOTION for Preliminary Injunction filed by Ronald E. Scherer, 3 Ex Parte MOTION for Temporary Restraining Order filed by United States Of America are hereby MOOT. Signed by Chief Judge Algenon L. Marbley on 9/20/2019. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 19, 2019 Filing 44 Corporate Disclosure Statement by Defendant Summit Community Bank. (Proctor, Michael)
September 19, 2019 Filing 43 Summit Community Bank's ANSWER to #1 Complaint for Receive to Enforce Tax Liens and Judgment against Stock filed by Summit Community Bank. (Proctor, Michael)
September 19, 2019 Opinion or Order Filing 42 ORDER denying #35 Motion in Limine. Signed by Chief Judge Algenon L. Marbley on 9/19/2019. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 18, 2019 Filing 48 SUR REPLY to Government's Reply to Doc. 27 by Defendant Ronald E. Scherer. (jlk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 18, 2019 Filing 47 Supplemental Memorandum Supporting re #27 MOTION for Preliminary Injunction filed by Defendant Ronald E. Scherer. (jlk)
September 18, 2019 Filing 46 RESPONSE to Motion re #35 MOTION in Limine filed by Defendant Ronald E. Scherer. (jlk)
September 17, 2019 Filing 39 NOTICE by Plaintiff United States Of America OF POTENTIAL USE OF RULE 807, FED.R.EVID. FOR ADMISSION OF EVIDENCE (Shapiro, Alan)
September 17, 2019 Filing 38 Exhibit List (Amended) (Cont.) by Plaintiff United States Of America.. (Attachments: #1 41, #2 42, #3 43, #4 44, #5 45, #6 46, #7 47, #8 48, #9 49, #10 50, #11 51, #12 52, #13 53, #14 54, #15 55, #16 56, #17 57, #18 58, #19 59, #20 60, #21 61, #22 62, #23 63, #24 64, #25 65, #26 66, #27 67, #28 68, #29 69, #30 70, #31 71, #32 72, #33 73, #34 74, #35 77, #36 78, #37 79, #38 80, #39 81, #40 82, #41 83, #42 84) (Tennyson, Steven)
September 17, 2019 Filing 37 Exhibit List (Amended) by Plaintiff United States Of America.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40) (Tennyson, Steven)
September 17, 2019 Opinion or Order Filing 36 ORDER denying #21 Motion for Recusal. Signed by Chief Judge Algenon L. Marbley on 09/17/2019. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 16, 2019 Filing 41 REPLY to Response to Motion re #27 MOTION for Preliminary Injunction filed by Defendant Ronald E. Scherer. (er)
September 16, 2019 Filing 40 REPLY to Response to Motion re #21 MOTION for Recusal filed by Defendant Ronald E. Scherer. (er)
September 16, 2019 Filing 35 MOTION in Limine by Plaintiff United States Of America. (Shapiro, Alan)
September 16, 2019 Filing 34 REPLY to Response to Motion re #27 MOTION for Preliminary Injunction (more accurately described as Reply to Supplemental Opposition re #31 ) filed by Plaintiff United States Of America. (Attachments: #1 Gov. Ex. A) (Shapiro, Alan)
September 16, 2019 Filing 33 REPLY to Response to Motion re #27 MOTION for Preliminary Injunction filed by Plaintiff United States Of America. (Attachments: #1 Gov. Ex. 1 Email from Bank, #2 Gov. Ex. 2 Order of Bankruptcy Court) (Shapiro, Alan)
September 12, 2019 Filing 32 Supplemental Exhibits Supporting #27 MOTION for Preliminary Injunction filed by Defendant Ronald E. Scherer. (jlk)
September 12, 2019 Filing 31 BRIEF in Support of Motion against Preliminary Injunction by Defendant Ronald E. Scherer. (jlk)
September 12, 2019 Filing 30 Summons Issued as to Douglas Q. Holmes, Maples Health Care, Inc., Ronald E. Scherer, Summit Community Bank, West Virginia Healthcare, Inc.. (jlk)
September 12, 2019 Filing 29 REQUEST for Issuance of Summons. (Shapiro, Alan)
September 11, 2019 Opinion or Order Filing 28 ORDER granting in part and denying in part #20 Motion for Extension of Time. DENIES AS MOOT the portion of Holmes Motion seeking to continue the Preliminary Injunction hearing and extend the parties briefing schedule. GRANTING Holmes request for relief from the Temporary Restraining Order with the limitations set forth within, to which the Government has no objection. Signed by Judge Algenon L. Marbley on 9/11/2019. (cw)
September 9, 2019 Opinion or Order Filing 26 ORDER granting #15 Motion for Extension of Time to File. Preliminary Injunction hearing is reset for 9/20/2019 at 9:30 a.m. The terms of the Courts Temporary Restraining Order shall remain in effect until that time. Defendants brief(s) opposing the Preliminary Injunction shall be filed by 9/12/2019. The parties responses shall be filed no later than 9/16/2019.In addition, the Government is directed to serve this Order on the same individuals and in the same manner set forth in the Courts Temporary Restraining Order. Signed by Judge Algenon L. Marbley on 9/9/2019. (cw)
September 8, 2019 Filing 25 RESPONSE in Opposition re #21 MOTION for Recusal filed by Plaintiff United States Of America. (Tennyson, Steven)
September 6, 2019 Filing 27 Brief Opposing Rule 65 Decision and MOTION for Preliminary Injunction by Defendant Ronald E. Scherer. (jlk)
September 6, 2019 Filing 24 RESPONSE to Motion re #20 MOTION for Extension of Time New date requested 9/24/2019. filed by Plaintiff United States Of America. (Shapiro, Alan)
September 6, 2019 Filing 23 Supplemental Memorandum Supporting re #11 Exhibit List,,,,, (more accurately described as Supplement to Exhibit 11-13, adding exhibits 1-11 and 14 to the Transcript of Rule 2004 Examination of Julie Scherer) by Plaintiff United States Of America. (Shapiro, Alan)
September 6, 2019 Filing 22 Notice by Clerk of Southern District of Ohio of Pro Hac Vice Rules as to Attorney Thomas T. Holmes (jlk)
September 6, 2019 Filing 18 RESPONSE to Motion re #15 MOTION for Extension of Time to File New date requested 9/30/2019. (Corrected) filed by Plaintiff United States Of America. (Attachments: #1 1 - Email and Stipulation, #2 2 - Notice of Deposition, #3 3 - Email Response to Deposition Notice, #4 4 - Deposition Excerpt) (Tennyson, Steven)
September 6, 2019 Filing 17 RESPONSE to Motion re #15 MOTION for Extension of Time to File New date requested 9/30/2019. filed by Plaintiff United States Of America. (Attachments: #1 1- Email and Stipulation, #2 2 - Notice of Deposition, #3 3 - Email Response to Deposition Notice, #4 4 - Deposition Excerpt) (Tennyson, Steven)
September 6, 2019 Opinion or Order Filing 16 RELATED CASE MEMORANDUM ORDER: The Judge agree that this case and case number 2:14-cv-452 and 2:19-cv-3634 ARE related. Case reassigned to Magistrate Judge Kimberly A. Jolson for all further proceedings. Signed by Judge Algenon L. Marbley on September 5, 2019. (jlk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 5, 2019 Filing 19 NOTICE to Take Deposition of Steven Tennyson and Alan Shapiro by Defendant Ronald E. Scherer. (jlk)
September 4, 2019 Filing 21 MOTION for Recusal by Defendant Ronald E. Scherer. (jlk)
September 4, 2019 Filing 20 MOTION for Extension of Time to File Brief, Extension of Date of Hearing and for Relief from Temporary Restraining Order by Defendant Douglas Q. Holmes. (jlk)
September 3, 2019 Filing 15 MOTION for Extension of Time to Respond to Opinion and Order and Preliminary Pro Se Brief/Reponse by Defendant Ronald E. Scherer. New date requested 9/30/2019. (er)
September 3, 2019 Filing 14 Exhibit List Cont. by Plaintiff United States Of America.. (Attachments: #1 Exhibit Ex 65 - Julie Scherer Driver license, #2 Exhibit Ex. 66 - Time Warner Cable bills, #3 Exhibit Ex 67 - Four checks written on the Bay Winds account, #4 Exhibit Ex 68 - Statements of the Bay Winds account August and October, 2007, #5 Exhibit Ex 69 - Statements of the Bay Winds account February, 2008, #6 Exhibit Ex 70 - December, 2011, and January and February, 2012 TECO statements, #7 Exhibit Ex 71 - Bill for Lawn and Shrub Service, #8 Exhibit Ex 72 - Check Dated 11/3/2011, #9 Exhibit Ex 73 - Signature Card and Statements for NCB account ending in 9381, #10 Exhibit Ex 74 - Official Check of NCB in the amount of $26,017.01, #11 Exhibit Ex 77 - Form 1065 for College Properties for 2007, #12 Exhibit Ex 78 - 2016 Form 1120 U.S. Corporate Income Tax Return for WVHI, #13 Exhibit Ex 79 - Transcript of Rule 2004 Examination of Douglas Holmes on October 11, 2018, #14 Exhibit Ex 80 - IPS Bank Statements, #15 Exhibit Ex 81 - Proof of Claim filed by Summit Community Bank in Scherers bankruptcy case, #16 Exhibit Ex 82 - Doc. 294 in In re: Ronald E. Scherer, Sr., 6:17-bk-02004, #17 Exhibit Ex 83 - 5/14/2008 Probate Court Findings of Fact and Conclusions, #18 Exhibit Ex 84 - Ronald Scherers Answer and Counter Claims) (Tennyson, Steven)
September 3, 2019 Filing 13 Exhibit List Cont. by Plaintiff United States Of America.. (Attachments: #1 Exhibit Ex 41 - Transcript of Deposition of Ronald Scherer on May 14, 2019, #2 Exhibit Ex 42 - Credit application, #3 Exhibit Ex 43 - Signature Card for Account Ending in 3579, #4 Exhibit Ex 48 - IRS Notices of Levy and information received by the IRS in response, #5 Exhibit Ex 49 - IRS Notices of Levy and the responses to them, #6 Exhibit Ex 51 - IRS Notices of Levy and the responses to them, #7 Exhibit Ex 52 - IRS Notices of Levy and the responses to them, #8 Exhibit Ex 53 - IRS Notices of Levy and the responses to them, #9 Exhibit Ex 54 - IRS Notices of Levy and the responses to them, #10 Exhibit Ex 55 - IRS Notices of Levy and the responses to them, #11 Exhibit Ex 56 - IRS Notices of Levy and the responses to them, #12 Exhibit Ex 57 - IRS Notices of Levy and the responses to them, #13 Ex 58 - IRS Notices of Levy and the responses to them, #14 Ex 59 - IRS Notices of Levy and the responses to them, #15 Ex 60 - Checks deposited into the Bay Winds Account, #16 Ex. 61 - Four AEP account statements issued for July, 2008, through January, 2009, #17 Ex 62 - Checks written on Bay Winds Account ending with the numbers 6798, #18 Ex 63 - Fall, 2007 Bay Winds statements, #19 Ex 64 - AEP account statements, #20 Ex 65 - Julie Scherer Driver license) (Tennyson, Steven)
September 3, 2019 Filing 12 Exhibit List Cont. by Plaintiff United States Of America.. (Attachments: #1 Exhibit Ex. 21 - 4/19/2011 Probate Court Findings of Fact and Conclusions, #2 Exhibit Ex. 22 - Transcript of Probate Courts Conflict Waiver Hearing, #3 Exhibit Ex. 23 - Settlement and Release Agreement, #4 Exhibit Ex. 24 - Waiver of Conditions, #5 Exhibit Ex. 25 - Appraisal of Real Property Owned by WVHI, #6 Exhibit Ex. 26 - Mortgage, #7 Exhibit Ex. 27 - Ronald Scherer Financial Statement 2012, #8 Exhibit Ex. 28 - Ronald Scherer Financial Statement 2014, #9 Exhibit Ex. 29 - Bankruptcy Schedules, #10 Exhibit Ex. 30 - Deposition of Randall Price, #11 Exhibit Ex. 31 - Transcript of Rule 2004 Examination of Ronald Scherer on November 3, 2017, #12 Exhibit Ex. 32 - Ronald Scherers Drivers License, #13 Exhibit Ex. 33 - College Properties Deed for 6015 Strome Court Property, #14 Exhibit Ex. 34 - IPS QuickBooks Report as of August 31, 2018, #15 Exhibit Ex. 35 - WVHI QuickBooks Report, #16 Exhibit Ex. 36 - Transcript of Rule 2004 Examination Volume I, #17 Exhibit Ex. 37 - Bank statements for WVHI for the period of 4/2017 through 8/2018, #18 Exhibit Ex. 38 - Check written by RLS Trust to Ronald Scherer, #19 Exhibit Ex. 39 - Monthly Financial Report filed in Bankruptcy Case, #20 Exhibit Ex. 40 - Prospectus for WVHI Financing) (Tennyson, Steven)
September 3, 2019 Filing 11 Exhibit List by Plaintiff United States Of America.. (Attachments: #1 Exhibit Ex 1 - Petition in U.S. Tax Court, #2 Exhibit Ex 2 - U.S. Tax Court Decision, #3 Exhibit Ex. 3 - Account Transcripts, #4 Exhibit Ex 4 - Notices of Federal Tax Lien, #5 Exhibit Ex 5 - Judgment, #6 Exhibit Ex 6 - Promissory Note for $280,000 and related documents, #7 Exhibit Ex 7 - Promissory Note for $475,650 and related documents, #8 Exhibit Ex 8 - Promissory Note for $150,000 and related documents, #9 Exhibit Ex 9 - Cash Collateral Order in Bankruptcy Case, #10 Exhibit Ex 10 - Hearing Transcript, #11 Exhibit Ex 11 - Signature Card for Bay Winds Account, #12 Exhibit Ex 12 - July, 2007 Statement for Bay Winds Account, #13 Exhibit Ex 13 - Transcript of Rule 2004 Examination of Julie Scherer, #14 Exhibit Ex. 14 - Sample Checks and Deposit Slips, #15 Exhibit Ex 15 - Form 872 Consent to Extend the Time to Assess Tax, #16 Exhibit Ex 16 - Transcript of Rule 2004 Examination of Kenneth Dean, #17 Exhibit Ex 17 - QuickBooks Report of WVHI, #18 Exhibit Ex 18 - Amendment to Trust Agreement, #19 Exhibit Ex 19 - 12/1/2011 Probate Court Findings of Fact and Conclusions, #20 Exhibit Ex 20 - Trustees Brief in Probate Litigation) (Tennyson, Steven)
September 3, 2019 Filing 10 TRIAL BRIEF in Support of Preliminary Injunction by Plaintiff United States Of America. (Tennyson, Steven)
August 27, 2019 Opinion or Order Filing 9 ORDER GRANTING Ex Parte Motions for Temporary Restraining Order and Setting a Hearing on Motion 2 Ex Parte MOTION for Temporary Restraining Order MOTION for Order to Show Cause, 3 Ex Parte MOTION for Temporary Restraining Order:Preliminary Injunction Hearing set for 9/9/2019 09:30 AM in Courtroom 1 - Columbus before Judge Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 8/27/2019.
August 20, 2019 Filing 6 AMENDED DOCUMENT by Plaintiff United States Of America. Amendment to #1 Complaint (more accurately described as Exhibit 2 to the Complaint, which inadvertently was not filed with the Complaint). (Shapiro, Alan)
August 20, 2019 Filing 5 AMENDED DOCUMENT by Plaintiff United States Of America. Amendment to #1 Complaint (more accurately described as Exhibit 1 to the Complaint, which inadvertently was not filed with the Complaint). (Shapiro, Alan)
August 20, 2019 Filing 4 REQUEST for Issuance of Summons. (Shapiro, Alan)
August 20, 2019 Filing 1 COMPLAINT against All Defendants, filed by United States Of America. (Attachments: #1 Civil Cover Sheet) (Shapiro, Alan)

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Search for this case: USA v. Scherer et al
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Defendant: Ronald E. Scherer
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Defendant: West Virginia Healthcare, Inc.
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Defendant: Maples Health Care, Inc.
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Defendant: Summit Community Bank
Represented By: Robert L Bays
Represented By: Michael R Proctor
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Defendant: Douglas Q. Holmes
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Plaintiff: United States Of America
Represented By: Steven S. Tennyson
Represented By: Alan Martin Shapiro
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