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Case TitleMcKenzie-El v. Internal Revenue Service et al
DistrictDistrict of Maryland
CityBaltimore
Case Number1:2019cv01956
Date Filed2019-07-02
Date Closed2020-02-24
JudgeJudge Ellen L. Hollander
PlaintiffRiker McKenzie-El
Case DescriptionRiker McKenzie-El filed suit against the IRS challenging its attempt to collect $95,729 in back taxes. This is not a FOIA case.
Complaint issues: FOIA not mentioned

DefendantInternal Revenue Service
DefendantDavid Kautter in his official capacity as Acting Commissioner
DefendantAnn Willis in her official capacity as Operations Manager
DefendantChristine Davis in her official capacity as Operations Manager
DefendantUnited States of America
DefendantPorts America Chesapeake, LLC
DefendantSteamship Trade Assn/International Longshoremen's Assn (STA)
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [59]
Opinion/Order [64]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-07-021COMPLAINT against Christine Davis, Internal Revenue Service, David Kautter, Ports America Chesapeake, LLC, Steamship Trade Assn/International Longshoremen's Assn (STA), United States of America, Ann Willis filed by Riker McKenzie-El. (Filing fee $ 400 receipt number 14637116149) (Attachments: # 1 Civil Cover Sheet)(hmls, Deputy Clerk) (Entered: 07/02/2019)
2019-07-022MOTION for Temporary Restraining Order and/or Preliminary Injunction by Riker McKenzie-El. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order) (hmls, Deputy Clerk) (Entered: 07/02/2019)
2019-07-023ORDER DIRECTING that until plaintiff files the returns of service, the Court will not consider 2 Motion for Preliminary Injunction. Signed by Judge Ellen L. Hollander on 7/2/2019. (c/m) (cc:AUSA Loucks) (hmls, Deputy Clerk) Modified on 7/3/2019 (hmls, Deputy Clerk). (Entered: 07/03/2019)
2019-07-034CORRECTED ORDER DIRECTING that until plaintiff files the returns of service, the Court will not consider 2 Motion for Preliminary Injunction. Signed by Judge Ellen L. Hollander on 7/3/2019. (c/m) (cc:AUSA Loucks) (hmls, Deputy Clerk) Modified on 7/3/2019 (hmls, Deputy Clerk). (Entered: 07/03/2019)
2019-07-085CERTIFICATE OF SERVICE by Riker McKenzie-El re 3 Order. (Attachments: # 1 Receipt) (hmls, Deputy Clerk) (Entered: 07/08/2019)
2019-07-166Correspondence re: Tampering, Destruction of U.S. Postal Service Mail by Riker McKenzie-El. (hmls, Deputy Clerk) (Entered: 07/16/2019)
2019-07-227MOTION to Quash Service for Insufficiency of Process by Ports America Chesapeake, LLC (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - SDAT, # 3 Exhibit 2 - PAC resident agent, # 4 Text of Proposed Order)(Collins, Michael) (Entered: 07/22/2019)
2019-07-228MOTION to Quash Service for Insufficiency of Process by Steamship Trade Assn/International Longshoremen's Assn (STA) (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - SDAT Filing, # 3 Exhibit 2 - Resident Agent, # 4 Text of Proposed Order)(Collins, Michael) (Entered: 07/22/2019)
2019-07-299ORDER directing Plaintiff to SUBMIT completed summons to the Clerk within 21 days of the date of this Order. Signed by Judge Ellen L. Hollander on 7/29/2019. (kw2s, Deputy Clerk)(C/M of Order & Blank Summons 7.29.19) (Entered: 07/29/2019)
2019-07-2910AMENDED MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Riker McKenzie-El (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Certificate of Service)(kw2s, Deputy Clerk) (Entered: 07/29/2019)
2019-07-3111RESPONSE in Opposition re 7 MOTION to Quash Service for Insufficiency of Process filed by Riker McKenzie-El. (Attachments: # 1 Text of Proposed Order) (hmls, Deputy Clerk) (Entered: 07/31/2019)
2019-07-3112RESPONSE in Opposition re 8 MOTION to Quash Service for Insufficiency of Process filed by Riker McKenzie-El. (Attachments: # 1 Text of Proposed Order)(hmls, Deputy Clerk) (Entered: 07/31/2019)
2019-07-3113PROOF OF SERVICE by Riker McKenzie-El. (hmls, Deputy Clerk) (Entered: 08/01/2019)
2019-08-0214Summons Issued 60 days as to Christine Davis, Internal Revenue Service, David Kautter, Ports America Chesapeake, LLC, Steamship Trade Assn/International Longshoremen's Assn (STA), United States of America, Ann Willis, U.S. Attorney and U.S. Attorney General (c/m 8/2/19)(krs, Deputy Clerk) (Entered: 08/02/2019)
2019-08-0715PROOFS OF SERVICE by Riker McKenzie-El (hmls, Deputy Clerk) (Entered: 08/07/2019)
2019-08-0716PROOFS OF SERVICE by Riker McKenzie-El (krs, Deputy Clerk) (Entered: 08/08/2019)
2019-08-0817PROOFS OF SERVICE by Riker McKenzie-El (krs, Deputy Clerk) (Entered: 08/08/2019)
2019-10-0318MOTION to Dismiss by United States of America (Attachments: # 1 Memorandum of Law, # 2 Proposed Order)(Reinhart, Katherine) (Entered: 10/03/2019)
2019-10-0419Rule 12/56 notice mailed to Riker McKenzie-El (hmls, Deputy Clerk) (Entered: 10/04/2019)
2019-10-0420MOTION for Summary Judgment by Riker McKenzie-El. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit 3 and 4, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7, # 7 Exhibit 11, # 8 Exhibit 12, # 9 Exhibit 15) (Exhibits 3-7, 11-12, and 15 docketed exactly as received/marked)(dass, Deputy Clerk) (Entered: 10/07/2019)
2019-10-0721Supplemental Exhibits to 20 MOTION for Summary Judgment filed by Riker McKenzie-El. (Attachments: # 1 Additional Exhibit 3, # 2 Additional Exhibit 4, # 3 Additional Exhibit 6 & 7, # 4 Exhibit 9)(dass, Deputy Clerk) (Entered: 10/08/2019)
2019-10-0922MOTION to Dismiss for Failure to State a Claim by Ports America Chesapeake, LLC (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Collins, Michael) (Entered: 10/09/2019)
2019-10-0923MOTION to Dismiss for Failure to State a Claim by Steamship Trade Assn/International Longshoremen's Assn (STA) (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Collins, Michael) (Entered: 10/09/2019)
2019-10-0924Rule 12/56 notice mailed to Riker McKenzie-El. (hmls, Deputy Clerk) (Entered: 10/09/2019)
2019-10-0925Rule 12/56 notice mailed to Riker McKenzie-El. (hmls, Deputy Clerk) (Entered: 10/09/2019)
2019-10-1626RESPONSE in Opposition re 20 MOTION for Summary Judgment filed by Ports America Chesapeake, LLC.(Collins, Michael) (Entered: 10/16/2019)
2019-10-1627RESPONSE in Opposition re 20 MOTION for Summary Judgment filed by Steamship Trade Assn/International Longshoremen's Assn (STA).(Collins, Michael) (Entered: 10/16/2019)
2019-10-1628MOTION for Extension of Time by United States of America(Reinhart, Katherine) (Entered: 10/16/2019)
2019-10-1629NOTICE by United States of America re 28 MOTION for Extension of Time Proposed Orders (Attachments: # 1 Proposed Order 2)(Reinhart, Katherine) (Entered: 10/16/2019)
2019-10-1630ORDER GRANTING 28 Alternative Motion of USA to Deny 20 Motion of Plaintiff for Summary Judgment. Signed by Judge Ellen L. Hollander on 10/16/2019. (cc/m 10.17.2019) (hmls, Deputy Clerk) (Entered: 10/17/2019)
2019-10-2231ORDER RETURNING Document. Signed by Judge Ellen L. Hollander on 10/22/2019. (Attachments: # 1 Returned Document) (hmls, Deputy Clerk) (Entered: 10/23/2019)
2019-10-2932RESPONSE in Opposition re 23 MOTION to Dismiss for Failure to State a Claim filed by Riker McKenzie-El. (Attachments: # 1 Text of Proposed Order) (hmls, Deputy Clerk) (Entered: 10/29/2019)
2019-10-2933RESPONSE in Opposition re 22 MOTION to Dismiss for Failure to State a Claim filed by Riker McKenzie-El. (Attachments: # 1 Text of Proposed Order) (hmls, Deputy Clerk) (Entered: 10/29/2019)
2019-10-2934RESPONSE in Opposition re 18 MOTION to Dismiss filed by Riker McKenzie-El. (Attachments: # 1 Text of Proposed Order) (hmls, Deputy Clerk) (Entered: 10/29/2019)
2019-11-0135REPLY to Response to Motion re 18 MOTION to Dismiss filed by United States of America.(Reinhart, Katherine) (Entered: 11/01/2019)
2019-11-0436REPLY to Response to Motion re 22 MOTION to Dismiss for Failure to State a Claim filed by Ports America Chesapeake, LLC.(Collins, Michael) (Entered: 11/04/2019)
2019-11-0437REPLY to Response to Motion re 23 MOTION to Dismiss for Failure to State a Claim filed by Steamship Trade Assn/International Longshoremen's Assn (STA).(Collins, Michael) (Entered: 11/04/2019)
2019-11-0738Local Rule 103.3 Disclosure Statement by Riker McKenzie-El. (Attachments: # 1 Attachment)(hmls, Deputy Clerk) (Entered: 11/12/2019)
2019-11-0739Amended MOTION for Summary Judgment by Riker McKenzie-El. (Attachments: # 1 Exhibit 16, # 2 Text of Proposed Order) (hmls, Deputy Clerk) (Entered: 11/12/2019)
2019-11-1240Return Document ORDER. Signed by Judge Ellen L. Hollander on 11/12/2019. (hmls, Deputy Clerk) (Additional attachment(s) added on 11/13/2019: # 1 Returned Document) (hmls, Deputy Clerk). (Entered: 11/13/2019)
2019-11-1341Return Document ORDER. Signed by Judge Ellen L. Hollander on 11/13/2019. (Attachments: # 1 Returned Document) (hmls, Deputy Clerk) (Entered: 11/14/2019)
2019-11-1342Return Document ORDER. Signed by Judge Ellen L. Hollander on 11/13/2019. (Attachments: # 1 Returned Document) (hmls, Deputy Clerk) (Entered: 11/14/2019)
2019-11-1543MOTION to Stay Discovery and to Deny Plaintiff's Amended Motion for Summary Judgment as Premature by United States of America (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Reinhart, Katherine) (Entered: 11/15/2019)
2019-11-1544MOTION to Stay Discovery and Motion to Deny Plaintiff's Amended Motion for Summary Judgment as Premature by Ports America Chesapeake, LLC (Attachments: # 1 Text of Proposed Order)(Collins, Michael) (Entered: 11/15/2019)
2019-11-1545MOTION to Stay Discovery and Motion to Deny Plaintiff's Amended Motion for Summary Judgment as Premature by Steamship Trade Assn/International Longshoremen's Assn (STA) (Attachments: # 1 Text of Proposed Order)(Collins, Michael) (Entered: 11/15/2019)
2019-12-0346Return Document ORDER. Signed by Judge Ellen L. Hollander on 12/3/2019. (Attachments: # 1 Returned Documents (3)) (hmls, Deputy Clerk) (Entered: 12/03/2019)
2019-12-0947MOTION for Default Judgment as to David Kautter, Ann Willis and Christine Davis by Riker McKenzie-El. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order) (hmls, Deputy Clerk) (Entered: 12/10/2019)
2019-12-1048Correspondence re: Motion for Default Judgment by Riker McKenzie-El. (hmls, Deputy Clerk) (Entered: 12/11/2019)
2019-12-1149RESPONSE in Opposition re 44 MOTION to Stay Discovery and Motion to Deny Plaintiff's Amended Motion for Summary Judgment as Premature filed by Riker McKenzie-El. (hmls, Deputy Clerk) (Entered: 12/11/2019)
2019-12-1150RESPONSE in Opposition re 45 MOTION to Stay Discovery and Motion to Deny Plaintiff's Amended Motion for Summary Judgment as Premature filed by Riker McKenzie-El. (hmls, Deputy Clerk) (Entered: 12/11/2019)
2019-12-1251RESPONSE in Opposition re 43 MOTION to Stay Discovery and to Deny Plaintiff's Amended Motion for Summary Judgment as Premature filed by Riker McKenzie-El. (Attachments: # 1 Text of Proposed Order and Certificate of Service)(krs, Deputy Clerk) (Entered: 12/13/2019)
2019-12-1952RESPONSE in Opposition re 47 MOTION for Default Judgment as to and Reply to Plaintiff's Opposition Regarding his Motion for Summary Judgment filed by United States of America.(Reinhart, Katherine) (Entered: 12/19/2019)
2019-12-2053Correspondence re: Motion for Default Judgment by Riker McKenzie-El. (hmls, Deputy Clerk) (Entered: 12/23/2019)
2020-01-0254REPLY to Response to Motion re 47 MOTION for Default Judgment as to filed by Riker McKenzie-El. (Attachments: # 1 Text of Proposed Order)(dass, Deputy Clerk) (Entered: 01/02/2020)
2020-01-3155MOTION for Expedited Consideration of Plaintiff's Request for Preliminary Injunction by Riker McKenzie-El (Attachments: # 1 Text of Proposed Order, # 2 Exhibit C)(krs, Deputy Clerk) (Entered: 01/31/2020)
2020-02-0556Correspondence re: Service of Process on Defendants by Riker McKenzie-El. (Attachments: # 1 Receipt)(hmls, Deputy Clerk) (Entered: 02/06/2020)
2020-02-1357RESPONSE in Opposition re 55 MOTION for Expedited Relief filed by United States of America.(Reinhart, Katherine) (Entered: 02/13/2020)
2020-02-1858AMENDED MOTION for Expedited Consideration of Plaintiff's Request for Preliminary Injunction and Expedited Discovery by Riker McKenzie-El. (Attachments: # 1 Text of Proposed Order) (hmls, Deputy Clerk) (Entered: 02/18/2020)
2020-02-2459MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 2/24/2020. (c/m) (hmls, Deputy Clerk) (Entered: 02/25/2020)
2020-02-2460ORDER GRANTING 18 Motion of USA to Dismiss; GRANTING 22 Motion of PAC to Dismiss for Failure to State a Claim; GRANTING 23 Motion of STA to Dismiss for Failure to State a Claim. Signed by Judge Ellen L. Hollander on 2/24/2020. (c/m) (hmls, Deputy Clerk) (Entered: 02/25/2020)
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by FOIA Project Staff
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