Johnson v. Internal Revenue Service et al
| Neldon Paul Johnson |
| Internal Revenue Service, US Department of Justice and David Nuffer |
| Wayne Klein |
| 4:2018cv00073 |
| October 31, 2018 |
| US District Court for the District of Utah |
| Dee Benson |
| J Thomas Marten |
| Cecilia M Romero |
| Brooke C Wells |
| Taxes |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on June 11, 2019. A more recent docket listing may be available from PACER.
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| Filing 20 REASSIGNMENT to Newly Appointed Magistrate Judge. Case Reassigned to Magistrate Judge Cecilia M. Romero. Magistrate Judge Brooke C. Wells no longer assigned to the case. Case number will now read 4:18-cv-00073-MJT-CMR. Please make changes to document captions accordingly. (rks) |
Filing 19
ORDER STAYING CASE until further order of the court. #6 MOTION to Stay and #13 MOTION to Clarify are denied as moot. All pending motions are held under advisement. Parties are prohibited from engaging in any discovery, motion, briefing, or other practice in this matter except as specifically provided by order of the court. A status report is to be filed within 7 days order of the court in 2:15cv00828 pertaining to the CRO or the stay of litigation. Signed by J. Thomas Marten on 1/30/19 (alt)
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| Filing 17 File Downloaded from XChangeWEB for 4th District Court, Millard Cnty, consisting of copies of docket sheet and documents filed in state court (Attachments: #1 State Court Complaint, #2 State Court Motion for Prelim Inj, #3 State Court Service Executed re USDOJ, #4 State Court Ntc of Removal) (alt) |
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Filing 16
NOTICE AFFIRMING PRIOR ORDER OF REFERENCE re 14 Order Referring Case to Magistrate Judge. Orders of the prior judge are affirmed including the order of reference to Magistrate Judge Brooke C. Wells under 28:636 (b)(1)(A), signed by Judge J. Thomas Marten. (rks)
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| Modification of Docket re #18 State Court MOTION for Preliminary Injunction, #12 Response (NOT to motion). Error: A pending State Court motion was not properly refiled for briefing in this court. Correction: The still-pending state court motion has been refiled in this case as Docket Entry #18 and the #12 Response filed as to it has been re-linked to the motion so it shows as briefing on the Motions Report. (alt) |
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Filing 15
ORDER OF RECUSAL Judge Dee Benson recused. Case reassigned to U.S. District Judge J. Thomas Marten of the District of Kansas for all further proceedings. (Added per designation from the 10th Circuit Court of Appeals ) Signed by Judge Dee Benson on 11/14/18. (rks)
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Filing 14
ORDER REFERRING CASE to Magistrate Judge Brooke C. Wells under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Dee Benson on 12/11/2018. (reb)
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| Filing 13 MOTION to Clarify filed by Plaintiff Neldon Paul Johnson. (mas) |
| Filing 12 RESPONSE re #2 Notice of Removal,,,,ECF No. 2-3, Johnson's Motion for Preliminary Injunction filed by Internal Revenue Service, US Department of Justice. (Attachments: #1 Exhibit Ex. 934, Johnson v. Mancini motion for preliminary injunction)(Gallagher, Erin) |
| Filing 11 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Internal Revenue Service, US Department of Justice. (Gallagher, Erin) |
| Filing 10 NOTICE of Appearance by Jonathan O. Hafen on behalf of Wayne Klein (Hafen, Jonathan) |
| Filing 9 NOTICE of Stay by Wayne Klein (Attachments: #1 Exhibit Corrected Receivership Order) (Lehr, Michael) |
| Filing 8 NOTICE of Appearance by Michael S. Lehr on behalf of Wayne Klein (Lehr, Michael) |
| Filing 7 NOTICE of Appearance by Erin R. Hines on behalf of Internal Revenue Service, US Department of Justice (Hines, Erin) |
| Filing 6 MOTION for Extension of Time answer or otherwise respond to complaint and Memorandum in Support , MOTION to Stay and Memorandum in Support all proceedings pending disposition of the United States' motion to dismiss filed by Defendants Internal Revenue Service, US Department of Justice. (Attachments: #1 Text of Proposed Order, #2 Exhibit Ex. 926, United States v. RaPower-3, LLC, et al., Appellants' Docketing Statement, #3 Exhibit Ex. 929, Johnson v. Mancini (Fourth District Court for Millard County), #4 Exhibit Ex. 933, Excerpt of Trial Transcript in United States v. RaPower-3, et al., 2:15-cv-00828-DN-EJF)(Gallagher, Erin) Modified event on 11/1/2018 (mas). |
| Filing 5 NOTICE of Appearance by Erin Healy Gallagher on behalf of Internal Revenue Service, US Department of Justice (Gallagher, Erin) |
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Filing 4
ORDER OF RECUSAL - Judge Ted Stewart recused. Case reassigned to Judge Dee Benson for all further proceedings. Signed by Judge Ted Stewart on 10/31/18. (jlw)
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| Filing 3 NOTICE OF ADR, e-mailed or mailed to Defendants Internal Revenue Service, US Department of Justice, Plaintiff Neldon Paul Johnson. (tlh) |
| Filing 2 NOTICE OF REMOVAL from 4th District Court Millard County, case number 180700040, No Filing Fee No Filing Fee filed by US Department of Justice, Internal Revenue Service. (Attachments: #1 Civil Cover Sheet Civil cover sheet, #2 Exhibit Ex. 926, United States v. RaPower-3, et al., Appellants' Docketing Sheet, #3 Exhibit Ex. 928, Complaint in Johnson v. IRS, et al. (Fourth Judicial District Court for Millard County, Utah), #4 Exhibit Ex. 929, Complaint in Johnson v. Mancini (Fourth Judicial District Court for Millard County, Utah), #5 Exhibit Ex. 930, Motion for Preliminary Injunction, #6 Exhibit Ex. 931, Summons, #7 Exhibit Ex. 932, Constable's Proof of Service) Assigned to Judge Ted Stewart (Gallagher, Erin) |
| Filing 1 Case has been indexed and assigned to Judge Ted Stewart. Defendants Internal Revenue Service, David Nuffer and US Department of Justice are directed to E-File the Notice of Removal and cover sheet (found under Complaints and Other Initiating Documents) by the end of the business day. Filing Fee waived (USA)NOTE: The court will not have jurisdiction until the opening document is electronically filed in the CM/ECF system. (tlh) |
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