United States of America v. Bogart et al
| United States of America |
| Dustin B. Bogart, Marcy A. Bogart and Southern Country Ranch |
| 3:2012cv00179 |
| February 13, 2012 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Houston |
| Joe Brown |
| Kevin H. Sharp |
| Taxes |
| 26 U.S.C. ยง 7401 IRS: Tax Liability |
| Defendant |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
221
MEMORANDUM. Signed by District Judge Aleta A. Trauger on 6/23/17. (xc:Pro se party by regular mail. ) (gb)
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Filing
182
ORDER: The Court hereby AWARDS Plaintiff $304,584.22, which consists of the total amount of unpaid federal income taxes, interest, and penalties owed by Dustin B. Bogart for tax years 2000, 2001, 2002, and 2003. The Clerk of the Court shall p repare and enter a final judgment in accordance with Rule 58 of the Federal Rules of Civil Procedure. Signed by District Judge Kevin H. Sharp on 8/7/2014. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ds)
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Filing
176
ORDER: Having considered all of the parties' arguments, the Court: ACCEPTS Magistrate Judge Brown's R & R concerning Count 1 127 ; GRANTS Plaintiff's partial-summary-judgment motion on Count 1 91 ; DENIES Defendants cross-motion for partial summary judgment 118 ; ACCEPTS IN PART and REJECTS IN PART Magistrate Judge Brown's R & R concerning Count 2 163 ; GRANTS Plaintiff's motion for summary judgment on Count 2 150 . The remainder of the pending motions are denied as moot. Signed by District Judge Kevin H. Sharp on 7/24/14. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing
127
REPORT AND RECOMMENDATION: The undersigned recommends that the Plaintiff's motion for Partial Summary Judgment be GRANTED and the defendant's Motion for Partial Summary Judgment be DENIED. Signed by Magistrate Judge Joe Brown on 10/17/2013. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
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Filing
106
ORDER granting DE 104 MOTION for Leave to Respond re 91 Partial MOTION for Summary Judgment filed by United States of America. The Defendants may have until August 30, 2013, to file a response. It is so ORDERED. Signed by Magistrate Judge Joe Brown on 8/13/13. (xc:Pro se party and Southern Country Ranch by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(la) Modified on 8/14/2013 (la).
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Filing
100
ENTRY FOR DEFAULT: Plaintiff has filed a Motion for Entry of Default (Docket Entry No. 90 ) and a Motion for Default Judgment (Docket Entry No. 92 ) against Defendant Southern Country Ranch. The Clerk hereby enters default against Defendant Sou thern Country Ranch pursuant to Federal Rule of Civil Procedure 55(a). The docket clerk is instructed to terminate as pending Plaintiff's Motion for Entry of Default (Docket Entry No. 90 ). Signed by Keith Throckmorton, Clerk of Court on 7/30/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(la)
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Filing
87
ORDER: Pending before the Court are multiple filings by Defendants Dustin and Marcy Bogart and Jerry Speer, who purports to represent Southern Country Ranch pro se as Trustee. To the extent the Bogart defendants' Motion to Dismiss 66 (along w ith a "statement in support" 73 ) asks the Court to reconsider its earlier Order 61 adopting the Magistrate Judge's Report and Recommendation, it is hereby DENIED. To the extent the "Notice of Status and Statement in Opposit ion to Order and Motion to Show Cause and Motion to Void and Annul All Orders" 78 filed by Speer states objections under Fed. R. Civ. P. 72(a) to the Magistrate Judge's Order of 11/29/2012 70 , those objections are hereby DENIED. To t he extent it states objections to the Magistrate Judge's earlier orders, those objections are hereby DENIED as untimely. Nothing in this Order disturbs the Magistrate Judge's ruling that Speer is not permitted to represent a trust pro se in this court. This case is returned to the Magistrate Judge for further case management. Signed by District Judge Kevin H. Sharp on 3/26/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing
86
ORDER: Presently pending is a Motion for 60 to 90 Days Continuanceto Seek in the Interest of Justice and Other Reasons 84 . The Magistrate Judge will extend the discovery deadline and the dispositive motion deadlines set in Paragraphs 7 and 8 of Doc ket Entry 55 by 30 days as apparently the Defendants' request in the last paragraph of their motion. Signed by Magistrate Judge Joe Brown on 1/31/13. (xc:Pro se party by regular mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified tEXT on 1/31/2013 (dt).
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Filing
77
ORDER: The Bogarts have filed a motion to dismiss 66 to which the Defendant Southern Country Ranch has attempted to join 71 . To the extent this motion is an effort to request the Magistrate Judge to reconsider his earlier report and recommendatio n, it is DENIED. To the extent that it is a motion for the District Judge to reconsider his order adopting the report and recommendation, that is a matter for the District Judge to decide. The Magistrate Judge believes that his motion to join the Def endants' motion to dismiss 71 must be stricken inasmuch as it was not filed by an attorney on behalf of Southern Country Ranch. If Mr. Speer disagrees with this ruling by the Magistrate Judge he should file a notice of appeal with Judge Sharp within 14 days of the entry of this Order. Mr. Speer has sent the Court a notice of status and statement in opposition to order and motions to show cause and motion to void and annul all orders on 12/10/2012. The Clerk will docket this as a motion to reconsider my earlier orders, which is denied. I also decline to recuse myself from this case. It also appears this document is also an attempt to appeal my earlier orders. As such, the Clerk should forward this pleading to Judge Sharp for his consi deration as an appeal. The defendants should file an answer to the complaint within 28 days of the entry of this Order. Failure to do so can result in the Government seeking a default. Signed by Magistrate Judge Joe Brown on 12/19/12. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified Text on 12/21/2012 (dt).
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Filing
70
ORDER: Telephone conference held on 11/28/2012. As an initial matter it appears that certified mail send to Mr. and Mrs. Bogart is being returned as undeliverable. However, they advised that they are receiving regular mail. The Clerk will send Mr. an d Mrs. Bogart and Mr. Jerry Speer further orders and other notices in this case by regular mail and email only. Mr. Speer, the Trustee, was allowed to remain on the telephone conference call and the Clerk should send a copy of this order to Mr. Jerry Speer, 5290 Highway 147, Steward, TN 37175. At this point the Clerk will enter Mr. Speer as only an interested party. The Magistrate Judge is of the firm opinion that Mr. Speer may not file any formal pleadings on behalf of Southern Country Ranch. F ailure to obtain counsel could result in a default against the trust. The Government should respond to the pending motion to dismiss 66 within the time provided in the Local Rules. The Bogarts requested a copy of the recording of this telephone con ference and the Magistrate Judge will provide with this order a audio CD of the telephone conference and the Clerk is directed to send a copy to Mr. Speer, counsel for the Government, and to Mr. Bogart. Signed by Magistrate Judge Joe Brown on 11/29/12. (xc:Pro se party and Mr. Speer by regular mail only.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing
68
ORDER: In the Initial Case Management Order entered on October 4, 2012, (Docket Entry No. 55 ) the date set for the trial of November 29, 2013 is incorrect. This case is hereby scheduled for a non-jury trial on Tuesday, November 26, 2013, beginning at 9:00 a.m. The Final Pretrial Conference remains set for October 28, 2013 at 1:30 p.m. The deadlines for trial-related matters will be addressed in a subsequent Order closer to the trial date. Signed by District Judge Kevin H. Sharp on 11/28/12. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing
61
ORDER: The Report and Recommendations 53 is Accepted and Approved. Defendants' Motion to Dismiss 35 is Denied. Defendants' Motion for Consolidation 48 is Denied. This case is hereby returned to Magistrate Judge Brown for further pretrial case management. Signed by District Judge Kevin H. Sharp on 10/30/12. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing
55
INITIAL CASE MANAGEMENT ORDER: Discovery due by 4/30/2013. Dispositive Motions due by 5/31/2013. Telephone Conference set for 11/28/2012 at 10:00 AM CST. To participate in the conference call, parties will call 615-695-2851 at the scheduled time. Aft er consulting with Judge Sharp's courtroom deputy, this matter is set for Bench Trial on 11/29/2013 at 9:00 AM. Pretrial Conference set for 10/28/2013 at 1:30 PM before District Judge Kevin H. Sharp. Signed by Magistrate Judge Joe Brown on 10/4/12. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing
53
REPORT AND RECOMMENDATION: Magistrate Judge Brown RECOMMENDS that the Motion to Dismiss 35 and the Motion for Consolidation and Transfer 48 be Denied. Signed by Magistrate Judge Joe Brown on 9/28/12. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing
49
ORDER: Initial Case Management Conference by telephone is set for 9/24/2012 at 3:30 PM. To participate in the conference call, parties will call 615-695-2851 at the scheduled time. The Bogarts should email to the Magistrate Judge's office (brown chambers@tnmd.uscourts.gov) any changes they suggest to theproposed scheduling order by NOON, 9/24/2012. Signed by Magistrate Judge Joe Brown on 9/18/12. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing
37
DENIAL OF ENTRY OF DEFAULT AS MOOT: The requests for entry of default are denied as moot. This determination also renders moot Defendants' motion to dismiss the requests for entry of default. The docket clerk is directed to terminate as pending docket entries 14, 15, 16 and 19. Signed by Clerk of Court Keith Throckmorton on 9/4/12. (xc:Pro se party by regular and certified mail.)(dt)
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Filing
31
ORDER: The Clerk is directed to strike the motion to dismiss 28 without prejudice to refiling. The motion for a 60 to 90 day delay for the initial case management conference 30 is DENIED without prejudice to being refiled after the initial case m anagement conference which remains set for 9/24/2012 27 . The Government is directed to file with the Court within 14 days a statement of why this case should not, or could not, be consolidated in a single court. Signed by Magistrate Judge Joe Brown on 8/28/12. (xc:Pro se party by regular and certified mail.)(dt)
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Filing
27
ORDER: In the Clerk does not grant default as to the individuals, a scheduling order needs to be set in this matter. Accordingly, a hearing is set for Monday, 9/24/2012, at 3:30 p.m., Courtroom 783. In preparation for the hearing, the attorneys for t he Plaintiff should prepare a draft scheduling order in accordance with the usual form used by the undersigned Magistrate Judge and send a copy of it to the Defendants at least seven days prior to the scheduled conference. The Defendants should bring with them to the case management conference any changes they wish to make, along with a page summary of their theory of the case. Signed by Magistrate Judge Joe Brown on 8/22/12. (dt)
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Filing
4
ORDER: MOTION to Continue Case Management Conference 3 is Granted. Case Management Conference is reset for 5/30/2012 at 11:00 AM before Magistrate Judge Joe Brown. The Clerk will send a copy of the docket sheet and this Order to the named Defendants at the addresses listed in the complaint for informational purposes only. This mailing does not constitute a service of process. Signed by Magistrate Judge Joe Brown on 4/4/12. (dt)
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