Jarrett et al v. United States of America
| Jessica Jarrett and Joshua Jarrett |
| United States of America |
| Coin Center |
| 3:2021cv00419 |
| May 26, 2021 |
| US District Court for the Middle District of Tennessee |
| William L Campbell |
| Alistair Newbern |
| Taxes |
| 26 U.S.C. § 7422 IRS: Refund Taxes |
| None |
Docket Report
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This docket was last retrieved on September 30, 2022. A more recent docket listing may be available from PACER.
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Filing 66
ORDER DISMISSING CASE: For the reasons stated in the accompanying Memorandum #65 , the motion for oral argument (Doc. No. #52 ) and motion for leave to file an amicus brief (Doc. No. #49 ) are DENIED. The United States' Motion to Dismiss (Doc. No. #41 ) is GRANTED. Accordingly, this case is dismissed pursuant to Fed. R. Civ. P. 12(b)(1) for lack of subject matter jurisdiction. The Clerk is directed to close the file. Signed by District Judge William L. Campbell, Jr on 9/30/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Filing 65
MEMORANDUM OPINION OF THE COURT. Signed by District Judge William L. Campbell, Jr on 9/30/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Filing 64
ORDER: The Magistrate Judge held a telephone conference with counsel for the parties on July 26, 2022. This matter has been stayed pending resolution of a motion to dismiss that raises a jurisdictional question. (Doc. No. #41 .) Counsel agree that the matter should remain stayed at this time, and the Court finds good cause for doing so. If the Court has not resolved the motion to dismiss by October 4, 2022, a telephonic case management conference is set at 9:30 a.m. on that date. Counsel shall call (888) 557-8511 and enter access code 7819165# to participate. Signed by Magistrate Judge Alistair Newbern on 7/26/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Telephone Conference held on 7/26/2022. (Hearing lasted 00:05)(sd)
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Filing 63
ORDER: In light of the pending motion to dismiss (Doc. No. #41 ), which is jurisdictional in nature, the Court will SUSPEND all case management deadlines. A telephone conference is set on July 26, 2022, at 10:00 a.m. Counsel shall call (888) 557-8511 and enter access code 7819165# to participate. Signed by Magistrate Judge Alistair Newbern on 5/5/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Telephone Conference held on 5/5/2022. (Hearing lasted 00:07)(sd)
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Filing 62
STIPULATION re #41 MOTION to Dismiss for Lack of Jurisdiction by Jessica Jarrett, Joshua Jarrett. (Forst, David)
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Filing 61
FIRST AMENDED COMPLAINT against United States of America, filed by Jessica Jarrett and Joshua Jarrett.(mg) Modified on 4/27/2022 (mg).
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Filing 60
MEMORANDUM ORDER: Plaintiffs Joshua and Jessica Jarrett have filed a motion to modify the scheduling order deadline for motions to amend the pleadings and for leave to file an amended complaint. (Doc. No. #55 .) [T]he Jarretts' motion to modify the scheduling order and to amend the complaint (Doc. No. #55 ) is GRANTED. The Clerk of Court is DIRECTED to enter the amended complaint (Doc. No. 55-1) as a separate docket entry. Signed by Magistrate Judge Alistair Newbern on 4/27/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) Modified on 4/27/2022 (mg).
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Filing 59
NOTICE of Change of Address by Charles Malone (Malone, Charles)
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Filing 58
REPLY to Response to re #55 MOTION to Amend/Correct #1 Complaint filed by Jessica Jarrett, Joshua Jarrett. (Forst, David)
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Filing 57
RESPONSE in Opposition re #55 MOTION to Amend/Correct #1 Complaint filed by United States of America. (McMonagle, Ryan)
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Filing 56
REPLY to Response to re #49 MOTION for Leave to File Brief of Amicus Curiae filed by Coin Center. (Lyon, Devin)
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Filing 55
MOTION to Amend/Correct #1 Complaint by Jessica Jarrett, Joshua Jarrett. (Attachments: #1 Attachment Proposed First Amended Complaint)(Forst, David)
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Filing 54
RESPONSE in Opposition re #49 MOTION for Leave to File Brief of Amicus Curiae filed by United States of America. (McMonagle, Ryan)
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Filing 53
REPLY to Response to re #41 MOTION to Dismiss for Lack of Jurisdiction filed by United States of America. (McMonagle, Ryan)
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TN State Bar status verified as active for Devin Parker Lyon admitted to this court. (mg)
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Filing 52
MOTION for Hearing re #51 Response in Opposition to Motion, by Jessica Jarrett, Joshua Jarrett. (Forst, David)
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Filing 51
RESPONSE in Opposition re #41 MOTION to Dismiss for Lack of Jurisdiction filed by Jessica Jarrett, Joshua Jarrett. (Attachments: #1 Attachment Declaration of Joshua Jarrett, #2 Attachment Declaration of David L. Forst, #3 Exhibit Forst Ex. A (DOJ Letter), #4 Exhibit Forst Ex. B (Rejection Letter))(Forst, David)
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Filing 50
BUSINESS ENTITY DISCLOSURE STATEMENT filed by Coin Center. (Lyon, Devin)
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Filing 49
MOTION for Leave to File Brief of Amicus Curiae by Coin Center. (Attachments: #1 Attachment Brief of Amicus Curiae, #2 Exhibit Collective Exhibit 1 to Brief)(Lyon, Devin)
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Filing 48
Amicus Curiae APPEARANCE entered by Devin Parker Lyon on behalf of Coin Center. (Lyon, Devin)
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TN State Bar status verified as active for Joseph F. Welborn, III, Charles Malone, Jason W. Callen, R. Gregory Parker admitted to this court. (mg)
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Filing 47
NOTICE of Appearance by R. Gregory Parker on behalf of Jessica Jarrett, Joshua Jarrett (Parker, R.)
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Filing 46
NOTICE of Appearance by Jason W. Callen on behalf of Jessica Jarrett, Joshua Jarrett (Callen, Jason)
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Filing 45
NOTICE of Appearance by Charles Malone on behalf of Jessica Jarrett, Joshua Jarrett (Malone, Charles)
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Filing 44
NOTICE of Appearance by Joseph F. Welborn, III on behalf of Jessica Jarrett, Joshua Jarrett (Welborn, Joseph)
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Filing 43
CERTIFICATE OF SERVICE by United States of America re #42 Memorandum in Support, #41 MOTION to Dismiss for Lack of Jurisdiction , Annotation - Deficiency Notice, (McMonagle, Ryan)
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NOTICE TO FILER re DE#41 , #42 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for these documents. (mg)
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Filing 42
MEMORANDUM in Support of #41 MOTION to Dismiss for Lack of Jurisdiction filed by United States of America . (McMonagle, Ryan)
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Filing 41
MOTION to Dismiss for Lack of Jurisdiction by United States of America. (Attachments: #1 Attachment Declaration of Ryan O. McMonagle, #2 Exhibit A (FedEx Proof of Delivery))(McMonagle, Ryan)
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Filing 40
ORDER: Based on the briefing schedule proposed by the parties (Doc. No. #39 ), the United States will file a motion to dismiss on February 28, 2022. (Doc. No. #39 .) Any response in opposition to the motion to dismiss will be filed by March 14, 2022. Any optional reply shall be filed by March 21, 2022. Any filings made related to the motion to dismiss, including motions for extensions of time or to exceed page limits, shall be decided by Judge Campbell unless referred to the undersigned Magistrate Judge. Signed by Magistrate Judge Alistair Newbern on 2/23/2022. (mg)
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Filing 39
STATUS REPORT (Proposed Briefing Schedule for Motion to Dismiss) by Jessica Jarrett, Joshua Jarrett. (McElroy, Sean)
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Filing 38
ORDER: The Magistrate Judge held a telephonic case management conference with counsel for the parties on February 10, 2022. Counsel will file a proposed briefing schedule for the motion to dismiss by February 25, 2022. The fact and expert discovery deadlines set by the amended case management order are CONTINUED and will be addressed at a telephone conference set on May 5, 2022, at 10:00 a.m. Counsel shall call (888) 557-8511 and enter access code 7819165# to participate in the conference. Signed by Magistrate Judge Alistair Newbern on 2/10/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Case Management Conference by Telephone held on 2/10/2022. (Hearing lasted 00:12)(sd)
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Filing 37
NOTICE by Jessica Jarrett, Joshua Jarrett of Letters (Norris, Cameron)
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Filing 36
NOTICE by Jessica Jarrett, Joshua Jarrett of Withdrawal of Counsel Jacob A. Wittman (McElroy, Sean)
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Filing 35
ORDER SETTING CASE FOR TRIAL: Bench Trial set for 3/7/2023 at 09:00 AM at the Fred D. Thompson U.S. Courthouse and Federal Building in Nashville, Tennessee before District Judge William L. Campbell Jr. Pretrial Conference set for 2/27/2023 at 10:00 AM before District Judge William L. Campbell Jr. Joint Proposed Pretrial Order due by 2/20/2023; Exhibit List due by 2/20/2023; and Witness List due by 2/20/2023. All lawyers who will participate in the trial must attend the Pretrial Conference. Signed by District Judge William L. Campbell, Jr on 10/20/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Filing 34
AMENDED INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 12/15/2021; Discovery due by 3/18/2022; and Dispositive Motions due by 8/19/2022. A case management conference with the Magistrate Judge will be held by telephone on February 10, 2022, at 10:00 a.m. Signed by Magistrate Judge Alistair Newbern on 10/6/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) Modified on 10/6/2021 (mg).
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Filing 33
ORDER SETTING CASE FOR TRIAL: Bench Trial is set for 8/22/2023 at 9:00 AM in Courtroom A826 before District Judge William L. Campbell Jr. The Joint Proposed Pretrial Order, Exhibit List, and Witness List are due by 8/7/2023. A Pretrial Conference is set for 8/14/2023 at 10:00 AM in Courtroom A826 before District Judge William L. Campbell Jr. All lawyers who will participate in the trial must attend the Pretrial Conference. Signed by District Judge William L. Campbell, Jr on 9/28/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
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Filing 32
INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 12/15/2021; Discovery due by 3/18/2022; and Dispositive Motions due by 2/14/2023. A case management conference with the Magistrate Judge will be held by telephone on February 10, 2022, at 10:00 a.m. Signed by Magistrate Judge Alistair Newbern on 9/24/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Case Management Conference by Telephone held on 9/21/2021. (Hearing lasted 00:26)(sd)
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Filing 31
PROPOSED CASE MANAGEMENT ORDER filed by All Plaintiffs. (McElroy, Sean)
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Filing 30
ORDER granting #29 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Stephen Ho to Appear Pro Hac Vice is granted. Signed by Lynda M. Hill, Clerk of Court, on 09/10/2021. (lh)
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NY State Bar status verified as active for Stephen S. Ho not admitted to this court - Local counsel not required. (mg)
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Filing 29
MOTION for attorney Stephen Ho to Appear Pro Hac Vice (Fee Waived) by United States of America. (Attachments: #1 Attachment Certificate of Good Standing)(Ho, Stephen) Modified on 9/10/2021 (mg).
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Filing 28
ORDER granting #26 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Ryan O. McMonagle to Appear Pro Hac Vice is granted. Signed by Lynda M. Hill, Clerk of Court, on 09/07/2021. (lh)
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CA State Bar status verified as active for Ryan O'Connor McMonagle admitted to this court. (mg)
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Filing 27
CERTIFICATE OF SERVICE by United States of America re #25 Answer to Complaint (McMonagle, Ryan)
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Filing 26
MOTION for attorney Ryan O. McMonagle to Appear Pro Hac Vice (Fee Waived) by United States of America. (Attachments: #1 Attachment Ryan McMonagle - Certificate of Good Standing (Central District of California))(McMonagle, Ryan) Modified on 9/3/2021 (mg).
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NOTICE TO COUNSEL Ryan O'Connor McMonagle: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 9/20/2021. (mg)
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NOTICE TO FILER re DE#25 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include a certificate of service. Please FILE a conformed Certificate of Service for this document. (mg)
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Filing 25
ANSWER to #1 Complaint by United States of America.(McMonagle, Ryan)
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Filing 24
ORDER: Plaintiffs Joshua Jarrett and Jessica Jarrett filed a motion to continue the initial case management conference set on August 13, 2021. #23 . The motion is GRANTED. The initial case management conference is CONTINUED to September 21, 2021, at 10:00 a.m. Counsel for each party shall call (888) 557-8511 and enter access code 7819165# to participate. Signed by Magistrate Judge Alistair Newbern on 8/6/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 23
MOTION to Continue Initial Case Management Conference by Jessica Jarrett, Joshua Jarrett. (McElroy, Sean)
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Reset Hearing per Order #24 : Initial Case Management Conference by Telephone is reset for 9/21/2021 at 10:00 AM before Magistrate Judge Alistair Newbern. (kc)
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Filing 22
SUMMONS Returned Executed as to United States of America, through Mary Jane Stewart, U.S. Attorney for the Middle District of Tennessee on June 28, 2021 by Jessica Jarrett, Joshua Jarrett. (McElroy, Sean)
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Filing 21
ORDER: On July 21, 2021, Plaintiffs Joshua Jarrett and Jessica Jarrett filed a motion to continue the initial case management conference. (Doc. No. #15 ). The motion is GRANTED. The initial case management conference is CONTINUED to August 13, 2021, at 10:00 a.m. Signed by Magistrate Judge Alistair Newbern on 7/23/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Reset Hearing: Initial Case Management Conference by Telephone is reset for 8/13/2021 at 10:00 AM before Magistrate Judge Alistair Newbern. (mg)
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Filing 20
MOTION to Continue Initial Case Management Conference by Jessica Jarrett, Joshua Jarrett. (Norris, Cameron)
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Filing 19
****DISREGARD, SEE D/E#22 *** SUMMONS Returned Executed as to Mary Jane Stewart, U.S. Attorney, Middle District of Tennessee on 06/22/2021 by Jessica Jarrett, Joshua Jarrett. (McElroy, Sean) Modified on 7/27/2021 (mg).
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Filing 18
Summons Issued as to United States of America through the IRS, and the U.S. Attorney. Service copies will be returned to counsel (Cameron Norris) by mail. (mg) Modified on 6/18/2021 (mg).
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Filing 17
NOTICE of Filing by Jessica Jarrett, Joshua Jarrett of Additional Proposed Summonses (Attachments: #1 Attachment Additional Summons)(Norris, Cameron)
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Filing 16
SUMMONS Returned Executed as to United States of America on 06/04/2021 by Jessica Jarrett, Joshua Jarrett. All Plaintiffs. (McElroy, Sean)
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NOTICE TO FILER re DE#14 , #15 : The wrong event was used. The correct event should be Other Filings/Notice/Notice of Filing. Counsel shall re-file the documents. The documents can be attachments rather that multiple filings. (mg) Modified on 6/17/2021 (mg).
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Filing 15
***DISREGARD*** Additional Attachments to Main Document re: #1 Complaint. (Norris, Cameron) Modified on 6/17/2021 (mg).
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Filing 14
***DISREGARD*** Additional Attachments to Main Document re: #1 Complaint. (Norris, Cameron) Modified on 6/17/2021 (mg).
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Filing 13
ORDER granting #10 , #11 , and #12 : Having satisfied the requirements of Local Rule 83.01(b), the Motions for David L. Forst, Sean P. McElroy, and Jacob A. Wittman to Appear Pro Hac Vice are granted. Signed by Lynda M. Hill, Clerk of Court, on 6/7/2021. (lh)
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WA State Bar status verified as active for Jacob A. Wittman not admitted to this court - Local counsel secured. (mg)
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Filing 12
MOTION for attorney Jacob A. Wittman to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3382442) by Jessica Jarrett, Joshua Jarrett. (Attachments: #1 Attachment Certificate of Good Standing)(Norris, Cameron)
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Filing 11
MOTION for attorney Sean P. McElroy to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3382441) by Jessica Jarrett, Joshua Jarrett. (Attachments: #1 Attachment Certificate of Good Standing)(Norris, Cameron)
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Filing 10
MOTION for attorney David L. Forst to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3382429) by Jessica Jarrett, Joshua Jarrett. (Attachments: #1 Attachment Certificate of Good Standing)(Norris, Cameron)
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Filing 9
ORDER granting #6 and #8 : Having satisfied the requirements of Local Rule 83.01(b), the Motions for J. Abraham Sutherland and Jeffrey M. Harris to Appear Pro Hac Vice are granted. Signed by Lynda M. Hill, Clerk of Court, on 6/01/2021. (lh)
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Filing 8
MOTION for attorney Jeffrey M. Harris to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3382140) by Jessica Jarrett, Joshua Jarrett. (Attachments: #1 Attachment Certificate of Good Standing)(Norris, Cameron)
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VA State Bar status verified as active for Jeffrey M. Harris not admitted to this court - Local counsel secured. (mg)
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Filing 7
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Lead counsel for the parties shall attend the initial case management conference. This case shall be set for trial upon completion of the initial case management conference by order of the District Court in accordance with the procedures of Local Rule 16.01. Signed by District Judge William L. Campbell, Jr on 5/27/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Filing 6
MOTION for attorney J. Abraham Sutherland to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3379916) by Jessica Jarrett, Joshua Jarrett. (Attachments: #1 Attachment Certificate of Good Standing)(Norris, Cameron)
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CA State Bar status verified as active for J. Abraham Sutherland not admitted to this court - Local counsel secured. (mg)
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Filing 5
NOTICE of Initial Case Management Conference by Telephone set for 7/28/2021 at 10:30 AM before Magistrate Judge Alistair Newbern. (mg)
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Filing 4
Summons issued as to United States of America. Service copies will be returned to counsel (Cameron Norris) by mail. (mg)
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Filing 3
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg)
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Filing 2
NOTICE of Business Entity Disclosure Statement filing requirement. (mg)
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Filing 1
COMPLAINT against United States of America (Filing fee $402, Receipt number 0650-3379148), filed by Jessica Jarrett, Joshua Jarrett. (Attachments: #1 Attachment - Civil Cover Sheet)(mg)
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CA State Bar status verified as active for David L. Forst, Sean P. McElroy not admitted to this court - Local counsel secured. (mg)
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NOTICE TO COUNSEL Jeffrey M. Harris, David L. Forst, Sean P. McElroy, Jacob A. Wittman, J. Abraham Sutherland: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 6/16/2021. (mg)
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TN State Bar status verified as active for Cameron T. Norris admitted to this court. (mg)
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