Johnson v. Internal Revenue Service et al

Plaintiff: Neldon Paul Johnson
Defendant: Internal Revenue Service, US Department of Justice and David Nuffer
Not Yet Classified: Wayne Klein
Case Number: 4:2018cv00073
Filed: October 31, 2018
Court: US District Court for the District of Utah
Presiding Judge: Dee Benson
Referring Judge: J Thomas Marten
2 Judge: Cecilia M Romero
3 Judge: Brooke C Wells
Nature of Suit: Taxes
Cause of Action: 28:1441
Jury Demanded By: Both

Docket Report

This docket was last retrieved on June 11, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 11, 2019 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)
January 31, 2019 Opinion or Order 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)
January 31, 2019 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)
January 31, 2019 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)
January 31, 2019 Opinion or Order 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)
December 20, 2018 Opinion or Order 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)
December 11, 2018 Opinion or Order 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)
December 10, 2018 Filing 13 MOTION to Clarify filed by Plaintiff Neldon Paul Johnson. (mas)
November 29, 2018 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)
November 29, 2018 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)
November 13, 2018 Filing 10 NOTICE of Appearance by Jonathan O. Hafen on behalf of Wayne Klein (Hafen, Jonathan)
November 13, 2018 Filing 9 NOTICE of Stay by Wayne Klein (Attachments: #1 Exhibit Corrected Receivership Order) (Lehr, Michael)
November 13, 2018 Filing 8 NOTICE of Appearance by Michael S. Lehr on behalf of Wayne Klein (Lehr, Michael)
November 2, 2018 Filing 7 NOTICE of Appearance by Erin R. Hines on behalf of Internal Revenue Service, US Department of Justice (Hines, Erin)
October 31, 2018 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).
October 31, 2018 Filing 5 NOTICE of Appearance by Erin Healy Gallagher on behalf of Internal Revenue Service, US Department of Justice (Gallagher, Erin)
October 31, 2018 Opinion or Order 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)
October 31, 2018 Filing 3 NOTICE OF ADR, e-mailed or mailed to Defendants Internal Revenue Service, US Department of Justice, Plaintiff Neldon Paul Johnson. (tlh)
October 31, 2018 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)
October 31, 2018 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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Defendant: Internal Revenue Service
Represented By: Erin Healy Gallagher
Represented By: Erin R. Hines
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Defendant: US Department of Justice
Represented By: Erin Healy Gallagher
Represented By: Erin R. Hines
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Defendant: David Nuffer
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Plaintiff: Neldon Paul Johnson
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Not yet classified: Wayne Klein
Represented By: Michael S. Lehr
Represented By: Jonathan O. Hafen
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