| Date Filed | Doc # | Docket Text |
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| 2020-08-19 | 1 | COMPLAINT against Internal Revenue Service. Filing fees $ 400.00 receipt number AFLSDC-13377569, filed by Alfred S.K. Teo. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(Stern, Samuel) (Entered: 08/19/2020) |
| 2020-08-19 | 2 | Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (amb) (Entered: 08/20/2020) |
| 2020-08-20 | 3 | NOTICE by Alfred S.K. Teo Proposed Summons (Stern, Samuel) (Entered: 08/20/2020) |
| 2020-08-20 | 4 | Clerks Notice to Filer re: Summonses cannot be issued. Summons NOT issued for the following reason - Multiple parties added to one summons. The filer is instructed to re-file a proposed summonses for each party. (ail) (Entered: 08/20/2020) |
| 2020-08-20 | 5 | NOTICE by Alfred S.K. Teo Amended Proposed Summons (Stern, Samuel) (Entered: 08/20/2020) |
| 2020-08-21 | 6 | Summons Issued as to United States Internal Revenue Service. (ail) (Entered: 08/21/2020) |
| 2020-09-22 | 7 | ORDER REFERRING CASE AND SETTING TRIAL DATE. ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon to enter a Scheduling Order. SCHEDULING ORDER: ( Jury Trial set for 4/12/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 4/7/2021 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 9/22/2020. See attached document for full details. (amb) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 09/23/2020) |
| 2020-09-25 | 8 | PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION. SCHEDULING ORDER: ( Amended Pleadings due by 10/13/2020., Discovery due by 1/25/2021., Joinder of Parties due by 10/13/2020., In Limine Motions due by 2/8/2021., Dispositive Motions due by 2/8/2021., Motions due by 2/8/2021., Pretrial Stipulation due by 3/15/2021., Jury Trial set for 4/12/2021 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 4/7/2021 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Dave Lee Brannon on 9/25/2020. See attached document for full details. (amb) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 09/25/2020) |
| 2020-09-28 | 9 | ANSWER and Affirmative Defenses to Complaint by United States Internal Revenue Service. Attorney Catriona M. Coppler added to party United States Internal Revenue Service(pty:dft). (Coppler, Catriona) (Entered: 09/28/2020) |
| 2020-09-29 | 10 | NOTICE of Attorney Appearance by Kyle L. Bishop on behalf of United States Internal Revenue Service. Attorney Kyle L. Bishop added to party United States Internal Revenue Service(pty:dft). (Bishop, Kyle) (Entered: 09/29/2020) |
| 2020-10-02 | 11 | MOTION to excuse the parties from discovery and trial-related requirements of the pretrial scheduling order re 8 Scheduling Order,,,, Order Referring Case to Mediation,,, by United States Internal Revenue Service. (Attachments: # 1 Text of Proposed Order)(Bishop, Kyle) (Entered: 10/02/2020) |
| 2020-10-04 | 12 | MOTION for Judgment on the Pleadings by Alfred S.K. Teo. (Attachments: # 1 Text of Proposed Order)(Stern, Samuel) (Entered: 10/04/2020) |
| 2020-10-04 | 13 | RESPONSE in Opposition re 11 MOTION to excuse the parties from discovery and trial-related requirements of the pretrial scheduling order re 8 Scheduling Order,,,, Order Referring Case to Mediation,,, filed by Alfred S.K. Teo. Replies due by 10/13/2020. (Stern, Samuel) (Entered: 10/04/2020) |
| 2020-10-09 | 14 | Joint SCHEDULING REPORT - Rule 26(f) by Alfred S.K. Teo (Stern, Samuel) (Entered: 10/09/2020) |
| 2020-10-09 | 15 | Amended ANSWER and Affirmative Defenses to Complaint by United States Internal Revenue Service. (Bishop, Kyle) (Entered: 10/09/2020) |
| 2020-10-09 | 16 | RESPONSE in Opposition re 12 MOTION for Judgment on the Pleadings filed by United States Internal Revenue Service. Replies due by 10/16/2020. (Bishop, Kyle) (Entered: 10/09/2020) |
| 2020-10-09 | 17 | REPLY to Response to Motion re 11 MOTION to excuse the parties from discovery and trial-related requirements of the pretrial scheduling order re 8 Scheduling Order,,,, Order Referring Case to Mediation,,, filed by United States Internal Revenue Service. (Bishop, Kyle) (Entered: 10/09/2020) |
| 2020-10-15 | 18 | REPLY to Response to Motion re 12 MOTION for Judgment on the Pleadings filed by Alfred S.K. Teo. (Stern, Samuel) (Entered: 10/15/2020) |
| 2020-10-23 | 19 | PAPERLESS ORDER denying as moot 12 Plaintiff's Motion for Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(c). In light of Defendant's Amended Answer (DE 15 ), Plaintiff's Motion for Judgment on the Pleadings is denied as moot. Signed by Judge Donald M. Middlebrooks on 10/23/2020. (kal) (Entered: 10/23/2020) |
| 2020-10-23 | 20 | ORDER granting in part and denying in part 11 Motion or Parties To Be Excused from Discovery and Trial-Related Requirements of Pretrial Scheduling Order. Signed by Judge Donald M. Middlebrooks on 10/23/2020. See attached document for full details. (amb) (Entered: 10/26/2020) |
| 2020-10-26 | | Deadline(s)/Hearing(s) terminated per 20 Order (asl) (Entered: 10/26/2020) |
| 2020-11-30 | 21 | MOTION for Summary Judgment by United States Internal Revenue Service. Responses due by 12/14/2020 (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Statement of Undisputed Facts, # 4 Affidavit of Celeste Neal)(Bishop, Kyle) (Entered: 11/30/2020) |
| 2020-12-09 | 22 | EXPEDITED MOTION to Compel Deposition by Alfred S.K. Teo. (Attachments: # 1 Certification, # 2 Exhibit A)(Stern, Samuel) Text Modified on 12/10/2020 (amb). (Entered: 12/09/2020) |
| 2020-12-11 | 23 | MOTION for Protective Order , MOTION to Stay re 22 EXPEDITED MOTION Motion to Compel Deposition ( Responses due by 12/28/2020) by United States Internal Revenue Service. (Attachments: # 1 Memorandum in Support of Motion and Opposing Teo's Motion to Compel, # 2 Text of Proposed Order Granting Protective Order, # 3 Text of Proposed Order Staying Discovery, # 4 Text of Proposed Order Denying Motion to Compel)(Bishop, Kyle) (Entered: 12/11/2020) |
| 2020-12-14 | 24 | ORDER REFERRING MOTIONS. ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon for Discovery Matters. Magistrate Judge Dave Lee Brannon no longer assigned as presider/referral judge(s) in case. Motions referred to Judge Dave Lee Brannon. Signed by Judge Donald M. Middlebrooks on 12/14/2020. See attached document for full details. (amb) (Entered: 12/14/2020) |
| 2020-12-15 | 25 | ORDER SETTING DISCOVERY PROCEDURE. Signed by Magistrate Judge Dave Lee Brannon on 12/14/2020. See attached document for full details. (spe) (Entered: 12/15/2020) |
| 2020-12-15 | 26 | PAPERLESS ORDER EXPEDITING BRIEFING: Plaintiff filed an Expedited Motion to Compel Deposition 22 . Defendant has filed a Motion for Protective Order or in the Alternative to Stay Discovery 23 , which also served as a response to Plaintiff's motion to compel. Because there is a question as to whether the deposition of Jamie Roberts is of a party or a non-party, the Court will allow motion practice on this issue. However, any future disputes must be raised in accordance with the procedures set forth in the Court's newly-issued Order Setting Discovery Procedure 25 . In the interest of resolving this matter expeditiously, Plaintiff shall file a response to Defendant's motion 23 by Noon 12:00 PM EST on December 18, 2020. The parties may file their respective replies by Noon 12:00 PM on December 22, 2020. The parties shall engage in a renewed good faith conferral regarding the deposition of Jamie Roberts and shall promptly notify the Court if the issues raised in the motions no longer require Court intervention. Signed by U.S. Magistrate Judge Dave Lee Brannon on 12/15/2020. (jb02) (Entered: 12/15/2020) |
| 2020-12-17 | 27 | RESPONSE in Opposition re 23 MOTION for Protective Order MOTION to Stay re 22 EXPEDITED MOTION Motion to Compel Deposition filed by Alfred S.K. Teo. Replies due by 12/28/2020. (Attachments: # 1 Certification, # 2 Exhibit A)(Stern, Samuel) (Entered: 12/17/2020) |
| 2020-12-22 | 28 | REPLY to Response to Motion re 22 EXPEDITED MOTION Motion to Compel Deposition , 23 MOTION for Protective Order MOTION to Stay re 22 EXPEDITED MOTION Motion to Compel Deposition filed by Alfred S.K. Teo. (Stern, Samuel) (Entered: 12/22/2020) |
| 2020-12-22 | 29 | REPLY to Response to Motion re 23 MOTION for Protective Order MOTION to Stay re 22 EXPEDITED MOTION Motion to Compel Deposition filed by United States Internal Revenue Service. (Bishop, Kyle) (Entered: 12/22/2020) |
| 2020-12-23 | 30 | ORDER ON MOTIONS [DE 22 & 23]. ORDER denying 22 Expedited Motion to Compel ; denying as moot 23 Motion for Protective Order; denying as moot 23 Motion to Stay. Signed by Magistrate Judge Dave Lee Brannon on 12/23/2020. See attached document for full details. (amb) (Entered: 12/23/2020) |
| 2020-12-30 | 31 | RESPONSE in Opposition re 21 MOTION for Summary Judgment filed by Alfred S.K. Teo. Replies due by 1/6/2021. (Attachments: # 1 Response to Undisputed Statement of Facts, # 2 Appeal of Magistrate Judge's Order)(Stern, Samuel) (Entered: 12/30/2020) |
| 2021-01-06 | 32 | MOTION to Supplement the IRS's Motion for Summary Judgment re 21 MOTION for Summary Judgment by United States Internal Revenue Service. (Attachments: # 1 Affidavit of Sarah Tate, # 2 Affidavit of Vikramsing Barad, # 3 Text of Proposed Order)(Bishop, Kyle) (Entered: 01/06/2021) |
| 2021-01-06 | 33 | REPLY to Response to Motion re 21 MOTION for Summary Judgment filed by United States Internal Revenue Service. (Bishop, Kyle) (Entered: 01/06/2021) |
| 2021-01-12 | 34 | RESPONSE to 31 Response in Opposition to Motion, Appeal Docketed at Dkt. 31-2 by United States Internal Revenue Service. (Bishop, Kyle) (Entered: 01/12/2021) |
| 2021-01-20 | 35 | RESPONSE in Opposition re 32 MOTION to Supplement the IRS's Motion for Summary Judgment re 21 MOTION for Summary Judgment and Reply in Further Support of Plaintiff's Appeal of the Magistrate Judge's Order re 31 filed by Alfred S.K. Teo. Replies due by 1/27/2021. (Attachments: # 1 Certification)(Stern, Samuel) (Entered: 01/20/2021) |
| 2021-01-27 | 36 | REPLY to Response to Motion re 32 MOTION to Supplement the IRS's Motion for Summary Judgment re 21 MOTION for Summary Judgment filed by United States Internal Revenue Service. (Bishop, Kyle) (Entered: 01/27/2021) |
| 2021-01-28 | 37 | PAPERLESS ORDER granting 32 Motion to Supplement Motion for Summary Judgment. Defendant The Internal Revenue Service ("IRS") requests that the Court enter an Order allowing it to supplement its Motion for Summary Judgment (DE 21 ) with two affidavits of IRS personnel explaining the agency's methodology for searching for responsive records and deciding which records require exemptions. The Motion is fully briefed. (DE 35 ; DE 36 ). After careful consideration of the Parties' submissions, I find good cause exists to grant the Motion. The IRS shall supplement its Motion for Summary Judgment (DE 21 ) and Reply in support thereof (DE 33 ) by February 3, 2021 . In light of such supplementation, should Plaintiff desire to file a Sur-Reply, he shall do so by February 10, 2021 . Signed by Judge Donald M. Middlebrooks on 1/28/2021. (kal) (Entered: 01/28/2021) |
| 2021-02-02 | 38 | SUPPLEMENT to 21 MOTION for Summary Judgment , 33 Reply to Response to Motion as Permitted by the Court (Dkt. 37) by United States Internal Revenue Service (Attachments: # 1 Memorandum in Support of IRS's Motion for Summary Judgment Briefing, # 2 Supplement to Statement of Undisputed Material Facts)(Bishop, Kyle) (Entered: 02/02/2021) |
| 2021-02-10 | 39 | REPLY to Response to Motion re 21 MOTION for Summary Judgment Surreply as Permitted by the Court filed by Alfred S.K. Teo. (Attachments: # 1 Response to Internal Revenue Service's Statement of Undisputed Material Facts)(Stern, Samuel) (Entered: 02/10/2021) |
| 2021-04-08 | 40 | ORDER OF REFERENCE TO MAGISTRATE JUDGE re 21 MOTION for Summary Judgment filed by United States Internal Revenue Service. Motions referred to Judge Dave Lee Brannon. Signed by Judge Donald M. Middlebrooks on 4/8/2021. See attached document for full details. (ail) (Entered: 04/08/2021) |
| 2021-04-08 | 41 | PAPERLESS ORDER. Upon sua sponte review of the docket in this matter, it appears Plaintiff is seeking to appeal a particular ruling of the Magistrate Judge; however, rather than filing his appeal in the court record, he has attached the appeal as an exhibit to his Response to the IRS's Motion for Summary Judgment. (See DE 31 -2, Appeal to the District Court of the Magistrate Judge's Order Denying Plaintiff's Expedited Motion to Compel). For clarity of the court record, this appeal should be separately docketed. Therefore Plaintiff SHALL FILE his appeal from the Magistrate Judge's order into the record no later than April 9, 2021 . If Plaintiff fails to timely do so I will summarily affirm the Magistrate Judge's order. Signed by Judge Donald M. Middlebrooks on 4/8/2021. (kal) (Entered: 04/08/2021) |
| 2021-04-09 | 42 | Plaintiff's APPEAL of Magistrate Judge 30 Order on Expedited Motion,, Order on Motion for Protective Order,, Order on Motion to Stay, to District Court (Stern, Samuel) (Entered: 04/09/2021) |
| 2021-05-21 | 43 | Clerks Notice of Magistrate Judge Assignment to Magistrate Judge William Matthewman. Magistrate Judge Dave Lee Brannon no longer assigned to case. Motions referred to William Matthewman. (jmd) (Entered: 05/21/2021) |
| 2021-06-03 | 44 | PAPERLESS ORDER REQUIRING RESPONSE TO PLAINTIFF'S APPEAL OF MAGISTRATE JUDGE'S ORDER. On April 9, 2021, Plaintiff filed an Appeal (DE 42 ) of Docket Entry 30 which is Magistrate Judge Brannon's Order on Expedited Motion to Compel. To date, no response appears in the court file. Accordingly, on or before June 11, 2021, Defendant shall file its Response to Plaintiff's Appeal (DE 42 ), setting forth its position on the relief requested and if opposed, setting forth the substantive basis for its opposition. Signed by Judge Donald M. Middlebrooks on 6/3/2021. (kal) (Entered: 06/03/2021) |
| 2021-06-08 | 45 | RESPONSE to 42 Plaintiff's APPEAL of Magistrate Judge 30 Order on Expedited Motion,, Order on Motion for Protective Order,, Order on Motion to Stay, to District Court by United States Internal Revenue Service. (Bishop, Kyle) (Entered: 06/08/2021) |
| 2021-06-15 | 46 | REPLY to Response to Motion re 42 Plaintiff's APPEAL of Magistrate Judge 30 Order on Expedited Motion,, Order on Motion for Protective Order,, Order on Motion to Stay, to District Court filed by Alfred S.K. Teo. (Stern, Samuel) (Entered: 06/15/2021) |
| 2021-07-06 | 47 | ORDER denying 42 Appeal/Objection of Magistrate Judge Order to District Court. Signed by Judge Donald M. Middlebrooks on 7/2/2021. See attached document for full details. (ail) (Entered: 07/06/2021) |
| 2021-07-28 | 48 | PAPERLESS ORDER SETTING MOTION HEARING: The Court will hear oral argument on Defendant's Motion for Summary Judgment 21 via Zoom video teleconference (VTC) at 2:15 p.m. EDT on Friday, August 13, 2021. One hour is reserved. The undersigned's Courtroom Deputy, Ken Zuniga, will, at a later time, email instructions for accessing the Zoom VTC hearing to counsel. Signed by U.S. Magistrate Judge William Matthewman on 7/28/2021. (jrz) (Entered: 07/28/2021) |
| 2021-07-29 | 49 | Consent MOTION to Continue (filed as Expedited) Hearing Set for August 13, 2021 re 48 Order,, Set/Reset Motion/R&R Deadlines and Hearings, by United States Internal Revenue Service. Responses due by 8/12/2021 (Attachments: # 1 Text of Proposed Order, # 2 Affidavit of Kyle L. Bishop)(Bishop, Kyle) (Entered: 07/29/2021) |
| 2021-07-30 | 50 | PAPERLESS ORDER: Upon initial review of the original and supplemental briefing on Defendant's motion for summary judgment, the Court noted various issues of potential import, including a criminal investigation potentially involving records responsive to Plaintiff's FOIA request at issue, and Defendant's supplemental production of documents responsive to the FOIA request made after the motion for summary judgment was filed. The Court set oral argument in this case to address these issues and others in an effort to assist the Court in streamlining the issues for review and to allow the parties to make their respective arguments for and against summary judgment in light of what appears to be circumstances somewhat in flux. With this in mind, the Court reviewed Defendant's Unopposed Motion To Continue Hearing On Motion For Summary Judgment 49 . The Court is quite sympathetic to Defendant's position; however, the Court also has extremely limited availability to reset this hearing in a timely manner. Accordingly, the Motion is DENIED. The Court has ruled on this Motion expeditiously so that Defendant can make appropriate arrangements to be prepared for oral argument. Signed by Magistrate Judge William Matthewman on 7/30/2021. (jb02) (Entered: 07/30/2021) |
| 2021-08-13 | 51 | PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held by Zoom Video Teleconference. Motion Hearing held on 8/13/2021 re 21 Defendant's MOTION for Summary Judgment. Argument held. The Court took the matter under advisement. Written ruling to be issued. Total time in court: 1 hour(s) : 01 minutes. Attorney Appearance(s): Samuel A Stern for Plaintiff, Kyle L. Bishop for Defendant. (Digital 14:13:30) (kza) (Entered: 08/15/2021) |
| 2021-08-19 | 52 | MAGISTRATE JUDGE'S REPORT & RECOMMENDATION ON THE IRS'S MOTION FOR SUMMARY JUDGMENT [DE 21]: Recommending that the IRS's Motion for Summary Judgment [DE 21] be GRANTED. Objections to R&R due by 9/2/2021. Signed by Magistrate Judge William Matthewman on 8/19/2021. See attached document for full details. (kza) (Entered: 08/20/2021) |
| 2021-09-03 | 53 | ORDER ADOPTING REPORT AND RECOMMENDATIONS re 52 Report and Recommendations; Granting 21 Motion for Summary Judgment Signed by Judge Donald M. Middlebrooks on 9/3/2021. See attached document for full details. (ail) (Entered: 09/03/2021) |
| 2021-09-03 | 54 | FINAL JUDGMENT in favor of United States Internal Revenue Service against Alfred S.K. Teo Closing Case. Signed by Judge Donald M. Middlebrooks on 9/3/2021. See attached document for full details. (ail) (Entered: 09/03/2021) |
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