Germaine v. United States of America
Plaintiff: John W. Germaine
Defendant: United States of America
Case Number: 3:2018cv00031
Filed: January 9, 2018
Court: US District Court for the Middle District of Tennessee
Office: Nashville Office
County: Sumner
Presiding Judge: Waverly D. Crenshaw
Nature of Suit: Taxes (US Plaintiff or Defendant)
Cause of Action: 26 U.S.C. ยง 7426
Jury Demanded By: None
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Date Filed Document Text
January 19, 2021 Opinion or Order Filing 85 ORDER: The Magistrate Judge has issued a Report and Recommendation ("R&R") (Doc. No. 69) and Supplemental Report and Recommendation ("Supplemental R&R") (Doc. No. 80) recommending that the Court dismiss this lawsuit with prejudi ce under Federal Rule of Civil Procedure 16(f). Having conducted a de novo review of the R&R and Supplemental R&R, the Court agrees with the Magistrate Judge's analysis and recommended disposition. Accordingly, both the R&R (Doc. No. 69) and Supplemental R&R (Doc. No. 80) are APPROVED AND ADOPTED; Plaintiff's request for leave to amend (Doc. No. 84) is DENIED; and this case is DISMISSED WITH PREJUDICE. This is a final order. The Clerk shall enter judgment in accordance with Fede ral Rule of Civil Procedure 58 and close the file. Plaintiff is on notice that this Court is no longer the proper forum in which to raise arguments; if he disagrees with the Court's rulings, his only option this point forward is to file an ap peal with the United States Court of Appeals for the Sixth Circuit. Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/19/2021. (xc: Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
October 21, 2020 Opinion or Order Filing 80 SUPPLEMENTAL REPORT AND RECOMMENDATION: By a Report and Recommendation entered December 2, 2019 (Docket Entry No. 69 ), the undersigned Magistrate Judge recommended that this pro se lawsuit be dismissed with prejudice under Rule 16(b) of the Fede ral Rules of Civil Procedure because Plaintiff had not complied with the Court's multiple orders to him to file a supplemental complaint. Subsequent to the December 2, 2019, Report and Recommendation, Plaintiff filed what is styled as a " ;Final Amended Complaint." See Docket Entry No. 70 . The matter has been referred back to the Magistrate Judge to advise whether the Final Amended Complaint complies with the Court's Order to Plaintiff to file a supplemental complaint. S ee Order entered October 14, 2020 (Docket Entry No. 79 ). Given Plaintiff's non-compliance with the Court's specific Order about the filing and content of a supplemental complaint, the previous recommendation for dismissal of this lawsui t under Rule 16(f) remains supported by the facts of this case and is warranted. Signed by Magistrate Judge Barbara D. Holmes on 10/21/2020. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
July 1, 2019 Opinion or Order Filing 52 ORDER: Before the Court is the Magistrate Judge's Report and Recommendation (Doc. No. 50 ) recommending that Huber + Suhner, Inc. and Raymond James Financial, Inc.'s respective Motions to Dismiss (Doc. Nos. 24 , 32 ) be granted and th e parties be dismissed from the action. No objections have been filed to the Magistrate Judge's Report and Recommendation. Upon de novo review in accordance with Rule 72 of the Federal Rules of Civil Procedure, the Court agrees with the recom mended disposition. (See Doc. No. 50 at 7-16.) Accordingly, the Magistrate Judge's Report and Recommendation is APPROVED AND ADOPTED, the parties' Motions to Dismiss (Doc. Nos. 24 , 32 ) are GRANTED, and they are hereby DISMISSED from this action. Signed by Chief Judge Waverly D. Crenshaw, Jr on 7/1/2019 (xc:Pro se party by regular mail.) (jm)
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Plaintiff: John W. Germaine
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Defendant: United States of America
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