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Case TitleNiro et al v. United States et al
DistrictDistrict of Massachusetts
CityWorcester
Case Number4:2017cv40099
Date Filed2017-06-26
Date Closed2019-03-11
JudgeDistrict Judge Timothy S. Hillman
PlaintiffDonato F. Niro
PlaintiffShirley M. Niro
DefendantUnited States
DefendantDepartment of the Treasury, Internal Revenue Service
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [42]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-06-261COMPLAINT against All Defendants, filed by Donato F. Niro, Shirley M. Niro. (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3, # 4 Attachment 4, # 5 Civil Cover Sheet and Category Sheet)(Burgos, Sandra) (Entered: 06/26/2017)
2017-06-262ELECTRONIC NOTICE of Case Assignment. District Judge Timothy S. Hillman assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge David H. Hennessy. (Burgos, Sandra) (Entered: 06/26/2017)
2017-06-263Summons Issued as to Department of the Treasury, Internal Revenue Service, United States. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Burgos, Sandra) (Entered: 06/26/2017)
2017-06-264General Order 09-1, dated January 6, 2009 regarding the E-Government Act and Personal Identifiers entered. (Burgos, Sandra) (Entered: 06/26/2017)
2017-07-215SUMMONS Returned Executed as to US Attorney by Donato F. Niro, Shirley M. Niro. Department of the Treasury, Internal Revenue Service served on 7/5/2017, answer due 9/5/2017; United States served on 7/5/2017, answer due 9/5/2017. (Burgos, Sandra) (Entered: 07/21/2017)
2017-08-026NOTICE of Appearance by Anita Johnson on behalf of Department of the Treasury, Internal Revenue Service, United States (Johnson, Anita) (Entered: 08/02/2017)
2017-08-037Assented to MOTION for Extension of Time to September 3, 2017 to File an Answer by Department of the Treasury, Internal Revenue Service, United States. (Attachments: # 1 Text of Proposed Order)(Johnson, Anita) Modified on 8/4/2017 (Jones, Sherry). (Entered: 08/03/2017)
2017-08-088NOTICE of Appearance by Megan Hoffman-Logsdon on behalf of Department of the Treasury, Internal Revenue Service (Hoffman-Logsdon, Megan) (Entered: 08/08/2017)
2017-08-099District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 7 Motion for Extension of Time to Answer. (Castles, Martin) (Entered: 08/09/2017)
2017-08-2910MOTION for Extension of Time to 10/19/2017 to File Answer re 1 Complaint by Department of the Treasury, Internal Revenue Service.(Johnson, Anita) (Entered: 08/29/2017)
2017-10-0611District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 10 Motion for Extension of Time to Answer. Department of the Treasury, Internal Revenue Service answer due 10/19/2017; United States answer due 10/19/2017. (Castles, Martin) (Entered: 10/06/2017)
2017-10-1212Letter (non-motion) regarding IRS answer from Donato Niro. (Jones, Sherry) (Entered: 10/12/2017)
2017-10-1913ANSWER to 1 Complaint by Department of the Treasury, Internal Revenue Service.(Hoffman-Logsdon, Megan) (Entered: 10/19/2017)
2017-10-2614MOTION to begin proceeding by Donato F. Niro, Shirley M. Niro. (Attachments: # 1 Exhibit)(Jones, Sherry) (Entered: 10/26/2017)
2017-11-0915RESPONSE to Motion re 14 MOTION to begin proceeding filed by Department of the Treasury, Internal Revenue Service, United States. (Hoffman-Logsdon, Megan) (Entered: 11/09/2017)
2017-11-1316District Judge Timothy S. Hillman: ELECTRONIC ORDER entered denying 14 Motion. The parties shall file a joint status report with the Court on or before 1/20/18. The status report shall include a proposed briefing schedule and state whether a further status conference will be required. (Castles, Martin) (Entered: 11/13/2017)
2017-11-1517MOTION to produce witnesses by Donato F. Niro, Shirley M. Niro. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Burgos, Sandra) (Entered: 11/15/2017)
2017-11-2918Opposition re 17 MOTION to produce witnesses filed by Department of the Treasury, Internal Revenue Service. (Attachments: # 1 Text of Proposed Order)(Hoffman-Logsdon, Megan) (Entered: 11/29/2017)
2018-01-1819STATUS REPORT by Donato F. Niro, Shirley M. Niro. (Jones, Sherry) (Entered: 01/18/2018)
2018-01-1920STATUS REPORT and Proposed Briefing Schedule by Department of the Treasury, Internal Revenue Service, United States. (Hoffman-Logsdon, Megan) (Entered: 01/19/2018)
2018-02-1621District Judge Timothy S. Hillman: ELECTRONIC ORDER entered denying 17 Motion to produce. (Castles, Martin) (Entered: 02/16/2018)
2018-05-2122letter by Donato F. Niro, Shirley M. Niro. (Attachments: # 1 Exhibit)(Jones, Sherry) (Entered: 05/21/2018)
2018-05-2223District Judge Timothy S. Hillman: ORDER entered. SCHEDULING ORDER: Defendant IRS will file a motion for summary judgment on or before July 30, 2018. Plaintiffs Donato Niro and Shirley Niro will file an opposition and if applicable, any cross-motion for summary judgment on or before August 30, 2018. Defendant will file a brief in reply, and if applicable, in opposition to any cross-motion filed by Plaintiffs, on or before September 14, 2018. Plaintiffs will file a reply on or before September 28, 2018.(Castles, Martin) (Entered: 05/22/2018)
2018-07-2724MOTION for Summary Judgment by Department of the Treasury, Internal Revenue Service. (Attachments: # 1 Statement of Material Facts, # 2 Declaration of Kimberly Wilson, # 3 Declaration of Lowell Thomas, # 4 Text of Proposed Order)(Hoffman-Logsdon, Megan) (Entered: 07/27/2018)
2018-08-3125RESPONSE to Motion re 24 MOTION for Summary Judgment filed by Donato F. Niro, Shirley M. Niro. (Jones, Sherry) (Entered: 08/31/2018)
2018-09-1326Consent MOTION for Extension of Time to October 17 2017 to File Response/Reply as to 25 Response to Motion by Department of the Treasury, Internal Revenue Service, United States. (Attachments: # 1 Text of Proposed Order)(Hoffman-Logsdon, Megan) (Entered: 09/13/2018)
2018-09-2727District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 26 Motion for Extension of Time to File Reply re 24 MOTION for Summary Judgment . Replies due by 10/17/2018. (Castles, Martin) (Entered: 09/27/2018)
2018-09-2728RESPONSE to Motion re 24 MOTION for Summary Judgment filed by Donato F. Niro, Shirley M. Niro. (Burgos, Sandra) (Entered: 09/27/2018)
2018-10-0429ELECTRONIC NOTICE Setting Hearing on Motion 24 MOTION for Summary Judgment : Motion Hearing set for 10/25/2018 at 10:00 AM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. (Castles, Martin) (Entered: 10/04/2018)
2018-10-1730Consent MOTION for Extension of Time to December 17, 2018 to File Response/Reply as to 25 Response to Motion by Department of the Treasury, Internal Revenue Service, United States. (Attachments: # 1 Text of Proposed Order)(Hoffman-Logsdon, Megan) (Entered: 10/17/2018)
2018-10-2231MOTION Reschedule Hearing Date re 30 Consent MOTION for Extension of Time to December 17, 2018 to File Response/Reply as to 25 Response to Motion by Department of the Treasury, Internal Revenue Service, United States.(Hoffman-Logsdon, Megan) (Entered: 10/22/2018)
2018-10-2332District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 30 Motion for Extension of Time to File Reply re 24 MOTION for Summary Judgment ( Replies due by 12/17/2018, Sur-reply due by 1/4/19); granting 31 Motion to continue motion hearing date. (Castles, Martin) (Entered: 10/23/2018)
2018-10-2333ELECTRONIC NOTICE Resetting Hearing on Motion 24 MOTION for Summary Judgment : Motion Hearing reset for 1/14/2019 at 3:00 PM before District Judge Timothy S. Hillman. (Castles, Martin) (Entered: 10/23/2018)
2018-12-1734REPLY to Response to 24 MOTION for Summary Judgment filed by Department of the Treasury, Internal Revenue Service. (Attachments: # 1 Declaration of Lowell Thomas, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Hoffman-Logsdon, Megan) (Entered: 12/17/2018)
2018-12-2635MOTION for Extension of Time to 2/18/19 to File Sur-Reply as to 24 MOTION for Summary Judgment by Donato F. Niro. (Attachments: # 1 Text of Proposed Order)(Jones, Sherry) (Entered: 12/26/2018)
2019-01-0436MOTION to Stay by Department of the Treasury, Internal Revenue Service.(Hoffman-Logsdon, Megan) (Entered: 01/04/2019)
2019-01-0837District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 35 Motion for Extension of Time to File Sur Reply re 24 MOTION for Summary Judgment ( Sur Reply due by 2/18/2019) and granting 36 Motion to Stay proceedings. (Castles, Martin) (Entered: 01/08/2019)
2019-01-0838ELECTRONIC NOTICE Resetting Hearing on Motion 24 MOTION for Summary Judgment : Motion Hearing reset for 2/25/2019 at 2:00 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. (Castles, Martin) (Entered: 01/08/2019)
2019-01-3139ELECTRONIC NOTICE Resetting Hearing on Motion 24 MOTION for Summary Judgment : Motion Hearing reset for 3/4/2019 at 2:30 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. (Castles, Martin) (Entered: 01/31/2019)
2019-02-1140SUR-REPLY to Motion re 24 MOTION for Summary Judgment filed by Donato F. Niro, Shirley M. Niro. (Attachments: # 1 Exhibit 1 - 13)(Burgos, Sandra) (Entered: 02/11/2019)
2019-03-0441Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Motion Hearing held on 3/4/2019 re 24 MOTION for Summary Judgment filed by Department of the Treasury, Internal Revenue Service, Case called, Plaintiff Donato Niro pro-se and counsel for the dft appear for motion hearing, Court hears arguments of parties, Court rules taking under advisement 24 Motion for Summary Judgment. (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Plaintiff pro-se/Hoffman-Logsdon) (Castles, Martin) (Entered: 03/04/2019)
2019-03-0842District Judge Timothy S. Hillman: MEMORANDUM OF DECISION AND ORDER entered granting 24 Motion for Summary Judgment. (Castles, Martin) (Entered: 03/08/2019)
2019-03-1143District Judge Timothy S. Hillman: ORDER entered. JUDGMENT in favor of the defendant. (Castles, Martin) (Entered: 03/11/2019)
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by FOIA Project Staff
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