| Date Filed | Doc # | Docket Text |
|
| 2011-08-05 | 1 | COMPLAINT by Donald R. Huene. (Attachments: # 1 Civil Cover Sheet)(Sant Agata, S) (Entered: 08/08/2011) |
| 2011-08-10 | 2 | ORDER TRANSFERRING CASE to the SACRAMENTO Division signed by Chief Judge Anthony W. Ishii on 8/9/2011. (Sant Agata, S) (Entered: 08/10/2011) |
| 2011-08-10 | 3 | CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 12/29/2011 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Attachments: # 1 Consent Form) (Sant Agata, S) (Entered: 08/10/2011) |
| 2011-08-10 | | SERVICE BY MAIL: 3 Civil New Case Documents for JAM, 2 Order served on Donald R. Huene. (Sant Agata, S) (Entered: 08/10/2011) |
| 2011-08-11 | 4 | ORDER signed by Magistrate Judge Kendall J. Newman on 8/11/11 ORDERING that within 21 days of the date of this order, plaintiff shall either pay the required $350 filing fee or file an application for leave to proceed in forma pauperis. (Becknal, R) (Entered: 08/11/2011) |
| 2011-08-11 | | SERVICE BY MAIL: 4 Order served on Donald R. Huene. (Becknal, R) (Entered: 08/11/2011) |
| 2011-08-16 | | RECEIPT number #CAE100015987 $350.00 fbo Civil Case Filing Fee, by Donald R. Huene, M.D. on 8/16/2011. (Hellings, J) (Entered: 08/16/2011) |
| 2011-09-12 | 5 | SUMMONS ISSUED as to *Anthony Shelly, U.S. Department of the Treasury Internal Revenue Service* with answer to complaint due within *30* days. Attorney *Donald R. Huene* *7429 N. Valentine* *Fresno, CA 93711*. (Benson, A.) (Entered: 09/12/2011) |
| 2011-09-12 | | SERVICE BY MAIL: 5 Summons served on Donald R. Huene. (Benson, A.) (Entered: 09/12/2011) |
| 2011-12-22 | 6 | MOTION for 60-DAY EXTENSION of TIME to extend deadlines set forth in Court's Order Setting Status Conference by U.S. Department of the Treasury Internal Revenue Service. Attorney Blaess, Anne E. added. (Attachments: # 1 Proposed Order) (Blaess, Anne) Modified on 12/23/2011 (Marciel, M). (Entered: 12/22/2011) |
| 2011-12-22 | 7 | ORDER signed by Magistrate Judge Kendall J. Newman on 12/22/11 GRANTING 6 Motion for Extension. The Status (Pretrial Scheduling) Conference is RESET for 3/1/2012 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Status Reports or a joint status report (if possible) due by 2/23/2012.(Donati, J) (Entered: 12/22/2011) |
| 2011-12-22 | | SERVICE BY MAIL: 7 Order served on Donald R. Huene. (Donati, J) (Entered: 12/22/2011) |
| 2012-02-21 | 8 | Joint Case Scheduling STATEMENT by Plaintiff Donald R. Huene. (Sant Agata, S) (Entered: 02/21/2012) |
| 2012-02-24 | 9 | ANSWER to 1 Complaint by U.S. Department of the Treasury Internal Revenue Service.(Blaess, Anne) (Entered: 02/24/2012) |
| 2012-02-29 | 10 | MOTION to DISMISS by U.S. Department of the Treasury Internal Revenue Service. (Attachments: # 1 Proposed Order)(Blaess, Anne) (Entered: 02/29/2012) |
| 2012-02-29 | 11 | MEMORANDUM by U.S. Department of the Treasury Internal Revenue Service in support of 10 Motion to Dismiss. (Blaess, Anne) (Entered: 02/29/2012) |
| 2012-03-01 | 12 | MINUTES for STATUS CONFERENCE proceedings held before Magistrate Judge Kendall J. Newman on 3/1/2012: Court and counsel conferred re scheduling of the case. Scheduling order to issue. Plaintiffs Counsel Donald Huene telephonically present. Defendants Counsel Anne Blaess telephonically present. ECRO/CD Number: 1 of 1. (Text Only) (Caspar, M) (Entered: 03/01/2012) |
| 2012-03-01 | 13 | STATUS REPORT by U.S. Department of the Treasury Internal Revenue Service. (Blaess, Anne) (Entered: 03/01/2012) |
| 2012-03-01 | 14 | MOTION to DISMISS by Anthony Shelly. Attorney Blaess, Anne E. added. Motion Hearing set for 04/12/12 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Attachments: # 1 Proposed Order)(Blaess, Anne) (Entered: 03/01/2012) |
| 2012-03-01 | 15 | MEMORANDUM by Anthony Shelly in support of 14 Motion for Summary Judgment. (Blaess, Anne) (Entered: 03/01/2012) |
| 2012-03-01 | 16 | NOTICE OF HEARING re 14 Motion to Dismiss. Motion Hearing set for 04/12/12 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman (Blaess, Anne) Modified on 3/2/2012 (Benson, A.). (Entered: 03/01/2012) |
| 2012-03-05 | 17 | ORDER signed by Magistrate Judge Kendall J. Newman on 3/2/2012. Within 10 days of date of Order, IRS shall deliver to plaintiff documents it believes are responsive to FOIA request. Within 7 days of such delivery, IRS shall file written notice with Court confirming timely deliver. Within 45 days of this Order, parties shall file Joint Status Report. Any failure to communicate with plaintiff on part of IRS or Ms. Blaess may result in imposition of sanctions against IRS, Ms. Blaess, or both. Court will enter formal Scheduling Order in case after resolution of Motion to Dismiss filed by defendant Anthony Shelley.(Marciel, M) (Entered: 03/05/2012) |
| 2012-03-05 | | SERVICE BY MAIL: 17 Order regarding IRS provision of FOIA documents served on plaintiff Donald R. Huene. (Marciel, M) (Entered: 03/05/2012) |
| 2012-03-14 | 18 | Plaintiff's CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Donald R. Huene. (Gonzalez, R) (Entered: 03/15/2012) |
| 2012-03-14 | 19 | Plaintiff's OPPOSITION to 14 Motion to Dismiss Anthony Shelly, by Donald R. Huene. (Gonzalez, R) (Entered: 03/15/2012) |
| 2012-03-14 | 20 | MEMORANDUM of Points and Authorities in Opposition to Defendant's Motion to Dismiss Anthony Shelly 19 , by Donald R. Huene. (Gonzalez, R) (Entered: 03/15/2012) |
| 2012-04-06 | 21 | MOTION to DISMISS Does 1 Through X by U.S. Department of the Treasury Internal Revenue Service. (Blaess, Anne) Modified on 4/9/2012 (Reader, L). (Entered: 04/06/2012) |
| 2012-04-06 | 22 | MEMORANDUM by U.S. Department of the Treasury Internal Revenue Service in SUPPORT of 21 MOTION to DISMISS. (Attachments: # 1 Proposed Order)(Blaess, Anne) (Entered: 04/06/2012) |
| 2012-04-06 | 23 | MOTION for JUDGMENT on the Pleadings by U.S. Department of the Treasury Internal Revenue Service. (Blaess, Anne) (Entered: 04/06/2012) |
| 2012-04-06 | 24 | MEMORANDUM by U.S. Department of the Treasury Internal Revenue Service in SUPPORT of 23 MOTION for JUDGMENT on the Pleadings . (Attachments: # 1 Proposed Order)(Blaess, Anne) (Entered: 04/06/2012) |
| 2012-04-06 | 25 | REPLY by U.S. Department of the Treasury Internal Revenue Service re 19 Opposition to Motion. (Blaess, Anne) (Entered: 04/06/2012) |
| 2012-04-06 | 26 | NOTICE OF HEARING by U.S. Department of the Treasury Internal Revenue Service re 21 MOTION to DISMISS. (Blaess, Anne) (Entered: 04/06/2012) |
| 2012-04-06 | 27 | NOTICE OF HEARING by U.S. Department of the Treasury Internal Revenue Service re 23 MOTION for JUDGMENT on the Pleadings . (Blaess, Anne) (Entered: 04/06/2012) |
| 2012-04-06 | 28 | NOTICE to RESCHEDULE HEARING on 14 Motion to Dismiss : Motion Hearing set for 5/17/2012 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Blaess, Anne) (Entered: 04/06/2012) |
| 2012-04-06 | 29 | MINUTE ORDER by Courtroom Deputy M. Caspar for Magistrate Judge Kendall J. Newman on 4/6/2012: Informing the parties that the motion hearing re Motion to Dismiss 14 that was set for 4/12/2012, and renoticed by defense to 5/17/2012, has been VACATED. The matter has been SUBMITTED without need for oral argument. (TEXT ONLY)(Caspar, M) (Entered: 04/06/2012) |
| 2012-04-10 | 30 | FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/9/2012 RECOMMENDING that Defendant Anthony Shelly's 14 motion to dismiss be granted. To the extent that plaintiff's first claim for relief is premised on the Freedom of Information Act, that claim be dismissed with prejudice as to Shelly for failure to state a claim on which relief can be granted. To the extent that plaintiff's first claim for relief is premised on the Privacy Act, that claim be dismissed with prejudice as to Shelly for failure to state a claim on which relief can be granted. Plaintiff's second claim for relief, alleging a violation of the Privacy Act, be dismissed with prejudice as to Shelly for failure to state a claim on which relief can be granted. Plaintiff's third claim for relief, alleged pursuant to 42 U.S.C. § 1983, be dismissed with prejudice as to Shelly, but that plaintiff be granted leave to file an amended complaint that attempts to allege a claim pursuant to the FTCA, Bivens, or both. Motion referred to Judge John A. Mendez. Objections to F&R due within 14 days. (Zignago, K.) (Entered: 04/10/2012) |
| 2012-04-10 | | SERVICE BY MAIL: 30 Findings and Recommendations served on Donald R. Huene. (Zignago, K.) (Entered: 04/10/2012) |
| 2012-04-30 | 31 | Plaintiff's OPPOSITION by Donald R. Huene to Defendants' Motion to Stay Discovery.(Martin-Gill, S) (Entered: 05/01/2012) |
| 2012-04-30 | 32 | Plaintiff's OPPOSITION by Donald R. Huene to 23 Defendants' MOTION for JUDGMENT on the Pleadings . (Martin-Gill, S) (Entered: 05/01/2012) |
| 2012-04-30 | 33 | Plaintiff's Memorandum of Points and Authorities In OPPOSITION by Donald R. Huene to 21 Defendants' MOTION to DISMISS Does 1 Through X. (Martin-Gill, S) (Entered: 05/01/2012) |
| 2012-05-03 | 34 | ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/2/12 ORDERING that the United States' motion to dismiss the defendants named as "Does I through X" is submitted without a hearing, and the 5/17/12 hearing on the motion is VACATED and RECOMMENDING that re 21 MOTION to DISMISS Does 1 Through X filed by U.S. Department of the Treasury Internal Revenue Service be granted and the fictitious defendants named as "Does I through X" be dismissed without prejudice. Referred to Judge John A. Mendez; Objections to F&R due 14 days after being served with these findings and recommendations. (Meuleman, A) (Entered: 05/03/2012) |
| 2012-05-03 | | SERVICE BY MAIL: 34 Findings and Recommendations served on Donald R. Huene. (Meuleman, A) (Entered: 05/03/2012) |
| 2012-05-14 | 35 | ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/11/12 ORDERING that the Internal Revenue Service's motion for judgment on the pleadings is submitted without a hearing, and the 5/17/12 hearing on plaintiff's motion is VACATED. It is RECOMMENDED that Defendant Internal Revenue Service's 23 motion for judgment on the pleadings be granted in part and denied in part. Plaintiff's claims brought pursuant to 42 U.S.C. § 1983 and the Freedom of Information Act, and plaintiff's related requests for attorney's fees and costs under those statutes, be dismissed with prejudice. The motion for judgment on the pleadings be denied in all other respects. Matter referred to Judge John A. Mendez. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A) (Entered: 05/14/2012) |
| 2012-05-14 | | SERVICE BY MAIL: 35 Order and Findings and Recommendations served on Donald R. Huene. (Kastilahn, A) (Entered: 05/14/2012) |
| 2012-05-25 | 36 | OBJECTIONS to FINDINGS and RECOMMENDATIONS 35 by Defendant U.S. Department of the Treasury Internal Revenue Service. (Blaess, Anne) (Entered: 05/25/2012) |
| 2012-05-25 | 37 | EXHIBIT by U.S. Department of the Treasury Internal Revenue Service re 36 Objections to Findings and Recommendations. (Attachments: # 1 Exhibit, # 2 Exhibit)(Blaess, Anne) (Entered: 05/25/2012) |
| 2012-06-15 | 38 | ORDER adopting 30 FINDINGS AND RECOMMENDATIONS signed by Judge John A. Mendez on 6/14/12: Defendant Anthony Shelly's motion to dismiss is granted 14 . The magistrate judge shall enter a separate order regarding the deadline to file an amended complaint after resolution of the findings and recommendations that are pending before the court 34 -[ 35]. (Kaminski, H) (Entered: 06/15/2012) |
| 2012-06-15 | 39 | ORDER adopting 34 FINDINGS AND RECOMMENDATIONS signed by Judge John A. Mendez on 6/14/12: The United States' motion to dismiss 21 is granted. The fictitious defendants named as "Does I through X" are dismissed without prejudice. (Kaminski, H) (Entered: 06/15/2012) |
| 2012-06-15 | | SERVICE BY MAIL: 38 Order Adopting Findings and Recommendations, 39 Order Adopting Findings and Recommendations, served on Donald R. Huene. (Kaminski, H) (Entered: 06/15/2012) |
| 2012-07-24 | 40 | ORDER signed by Judge John A. Mendez on 7/23/2012 ORDERING that the 35 Findings and Recommendations are ADOPTED in part. Defendant Internal Revenue Service's 23 motion for judgment on the pleadings is GRANTED IN PART and DENIED IN PART. Plaintiff's claims brought pursuant to 42 U.S.C. § 1983 and the Freedom of Information Act, and plaintiff's related requests for attorney's fees and costs under those statutes, are DISMISSED with prejudice. Plaintiff's Privacy Act claim for "improper dissemination" is also DISMISSED with prejudice. The motion for judgment on the pleadings is DENIED in all other respects. Plaintiff is GRANTED leave to file an amended complaint. Plaintiff shall file his amended complaint, which shall be entitled "First Amended Complaint" with the court within 30 days of the date of this order. (Zignago, K.) (Entered: 07/24/2012) |
| 2012-07-24 | | SERVICE BY MAIL: 40 Order Adopting Findings and Recommendations served on Donald R. Huene. (Zignago, K.) (Entered: 07/24/2012) |
| 2012-07-25 | 41 | ORDER signed by Magistrate Judge Kendall J. Newman on 7/24/12; because of the number of pleadings-based motions filed in this case, the court enters this order to provide plaintiff with clarity about the nature of the leave provided by the court. In preparing his First Amended Complaint, plaintiff shall not name "Does I through X" as defendants. (Order, June 15, 2012, at 2, Dkt. No. 39.) Additionally, in regards to defendant Anthony Shelley, plaintiff has only been granted leave to allege claims pursuant to the Federal Tort Claims Act, Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics,403 U.S. 388 (1971), or both. (Order, June 15, 2012, at 2, Dkt. No. 38.) Finally, in regards to defendant Internal Revenue Service, plaintiff may only allege a claim or claims premised onviolations of the Privacy Act, 5 U.S.C. § 552a(d)(1), and Internal Revenue Code § 6103(a), 26U.S.C. § 6103(a). (Order, July 23, 2012, at 4.) (Kastilahn, A) (Entered: 07/25/2012) |
| 2012-07-25 | | SERVICE BY MAIL: 41 Order served on Donald R. Huene. (Kastilahn, A) (Entered: 07/25/2012) |
| 2012-08-07 | 42 | FIRST AMENDED COMPLAINT by Donald R. Huene.(Verduzco, M) (Entered: 08/08/2012) |
| 2012-08-27 | 43 | ANSWER to 42 Amended Complaint by U.S. Department of the Treasury Internal Revenue Service.(Oliver, Anne) (Entered: 08/27/2012) |
| 2012-10-31 | 44 | NOTICE of APPEARANCE by Gerald A. Role on behalf of U.S. Department of the Treasury Internal Revenue Service. Attorney Role, Gerald A. added. (Role, Gerald) (Entered: 10/31/2012) |
| 2012-11-14 | 45 | MOTION for PROTECTIVE ORDER by U.S. Department of the Treasury Internal Revenue Service. Motion Hearing set for 12/13/2012 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Attachments: # 1 Memorandum, # 2 Declaration of Gerald A. Role, # 3 Exhibit A - subpoena of Anthony Shelly, # 4 Exhibit B - Subpoena of Siu Chan, # 5 Exhibit C - emails, # 6 Exhibit D - Objection to Shelly subpoena, # 7 Exhibit E - Objection to Chan subpoena)(Role, Gerald) (Entered: 11/14/2012) |
| 2012-11-15 | 46 | MOTION to COMPEL Notice of Motion for Sanctions Opposition to Motion for Protective Order Opposition to Motion to Stay Discovery by Donald R. Huene. (Martin-Gill, S) (Entered: 11/16/2012) |
| 2012-11-27 | 47 | ORDER by Chief Judge Morrison C. England, Jr.: Due to the appointment of Magistrate Judge *Allison Claire* to the bench of the Eastern District, this action is reassigned from Magistrate Judge * Kendall J. Newman* for all further proceedings. (Waggoner, D) (Entered: 11/27/2012) |
| 2012-11-27 | | SERVICE BY MAIL: 47 Order Reassigning Magistrate Judge, served on Donald R. Huene. (Waggoner, D) (Entered: 11/27/2012) |
| 2012-11-27 | 48 | MINUTE ORDER: re 45 Motion for Protective Order, 46 Motion to Compel. Due to the reassignment of this case, the Defendant's Motion for Protective Order currently scheduled for December 13, 2012 and Plaintiff's Motion to Compel are hereby continued to Wednesday, January 30, 2012 @ 10:00 a.m. before Magistrate Judge Allison Claire in Courtroom #2 on the 15 Floor. (Callen, V) (Entered: 11/27/2012) |
| 2013-01-07 | 49 | MINUTE ORDER: re 48 Minute Order, (Callen, V) (Entered: 01/07/2013) |
| 2013-01-07 | 50 | MINUTE ORDER: (TEXT ONLY) BY CRD V. Callen to Magistrate Judge Allison Claire on 01/07/2013. All scheduled hearing before Judge Claire will now be heard in Courtoom #26 on the 8th Floor.(Callen, V) Modified on 1/14/2013 (Callen, V). (Entered: 01/07/2013) |
| 2013-01-07 | | SERVICE BY MAIL: 50 Minute Order served on Donald R. Huene. (Callen, V) (Entered: 01/07/2013) |
| 2013-01-22 | 51 | Notice of MOTION to COMPEL; Notice of MOTION for SANCTIONS; OPPOSITION to MOTION for PROTECTIVE ORDER; OPPOSITION to MOTION to STAY DISCOVERY; Supplemental Declaration by Donald R. Huene. (Gonzalez, R) (Entered: 01/23/2013) |
| 2013-01-23 | 52 | DECLARATION of Gerald A. Role re 45 MOTION for PROTECTIVE ORDER . (Role, Gerald) (Entered: 01/23/2013) |
| 2013-01-24 | 53 | DECLARATION of Donald R. Huene. (Gonzalez, R) (Entered: 01/24/2013) |
| 2013-01-30 | 54 | MINUTES (Text Only) for proceedings held before Magistrate Judge Allison Claire: MOTION HEARING held on 1/30/2013 re 45 MOTION for PROTECTIVE ORDER filed by U.S. Department of the Treasury Internal Revenue Service, 46 MOTION to COMPEL Notice of Motion for Sanctions Opposition to Motion for Protective Order Opposition to Motion to Stay Discovery filed by Donald R. Huene. The Government's Motion for Protective order and Plaintiff's Motion to Comple Sanctions are taken under submission and the court will issue a written order. Plaintiffs Counsel Pro Se via Telephone. Defendants Counsel Gerald Role and Ann Oliver via Telephone. Court Reporter/CD Number: 1 of 1. (Callen, V) (Entered: 01/30/2013) |
| 2013-01-31 | 55 | ORDER signed by Magistrate Judge Allison Claire on 1/30/2013 ORDERING Plaintiff's 46 motion to compel is GRANTED in PART; Defendant shall reimburse plaintiff for the fees associated with Shelly's missed deposition in the amount of $150 for a court reporter and $330 for a videographer; Payment shall be made within 110 days from the date of this order; Shelly and Chan are directed to appear at and testify at their respective depositions to be scheduled at a time convenient for all involved individuals; Defendant's 45 motion for protective order is GRANTED in PART; the subpoenas are quashed to the extent they request production of documents because those requests are overbroad; defendant's request to stay discovery is DENIED. (Reader, L) Modified on 2/5/2013 (Reader, L). (Entered: 01/31/2013) |
| 2013-01-31 | | SERVICE BY MAIL: 55 Order, served on Donald R. Huene. (Reader, L) (Entered: 01/31/2013) |
| 2013-02-14 | 56 | MOTION to Modify Order 55 Protective Order by U.S. Department of the Treasury Internal Revenue Service. Motion Hearing SET for 3/20/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Attachments: # 1 Brief) (Role, Gerald) Modified on 2/15/2013 (Michel, G). (Entered: 02/14/2013) |
| 2013-02-15 | 57 | MINUTE ORDER: (Text Only) By CRD to Magistrate Judge Claire re 56 Motion for Miscellaneous Relief. The Governments Motion to Modify Order and Notice Thereon is hereby granted. The Government will reimburse plaintiff by May 1, 2013. The Hearing scheduled on March 20, 2013 before Judge Claire is vacated from the calendar. Should the parties have any questions or concerns regarding the order they shall contact the undersigned at (916) 930-4199. (Callen, V) (Entered: 02/15/2013) |
| 2013-02-15 | | SERVICE BY MAIL: 57 Minute Order,, Order on Motion for Miscellaneous Relief, served on Donald R. Huene. (Callen, V) (Entered: 02/15/2013) |
| 2013-05-09 | 58 | REQUEST for Trial Setting Conference by Donald R. Huene. (Meuleman, A) (Entered: 05/10/2013) |
| 2013-05-16 | 59 | ORDER signed by Magistrate Judge Allison Claire on 5/15/2013 SETTING a Status (Pretrial Scheduling) Conference for 6/19/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire; ORDERING the parties to submit and serve a Status Report 14 days prior the the Status (Pretrial Scheduling) Conference. (Michel, G) (Entered: 05/16/2013) |
| 2013-05-16 | | SERVICE BY MAIL: 59 Order setting Status (Pretrial Scheduling) Conference served on Donald R. Huene. (Michel, G) (Entered: 05/16/2013) |
| 2013-05-23 | 60 | JOINT STATUS REPORT by U.S. Department of the Treasury Internal Revenue Service. (Role, Gerald) (Entered: 05/23/2013) |
| 2013-05-23 | 61 | REQUEST for a telephonic conference by Donald R. Huene. (Kastilahn, A) (Entered: 05/28/2013) |
| 2013-06-17 | 62 | MINUTE ORDER: (Text Only) re 61 Request. The plaintiff's request to appear telephonically at the June 19, 2013 hearing is granted. The plaintiff is instructed to contact the Court Clerk Tuesday, June 18, 2013 not later than 1:00 p.m. for instructions regarding call in procedure. The clerk can be reached at 916-930-4199. (Callen, V) (Entered: 06/17/2013) |
| 2013-06-17 | | SERVICE BY MAIL: 62 Minute Order, served on Donald R. Huene. (Callen, V) (Entered: 06/17/2013) |
| 2013-06-19 | 63 | MINUTES (Text Only) for proceedings held before Magistrate Judge Allison Claire: SCHEDULING CONFERENCE held on 6/19/2013. The court and the parties discussed various issues. A scheduling order will issue forthwith. Plaintiffs Counsel Pro Se Plaintiff via telephone. Defendants Counsel Gerald Role via telephone. Court Reporter/CD Number: 1 of 1. (Callen, V) (Entered: 06/19/2013) |
| 2013-06-21 | 64 | SCHEDULING ORDER signed by Magistrate Judge Allison Claire on 6/20/2013 ORDERING Discovery due by 9/27/2013; Motion to compel by 9/4/2013. Dispositive Motions filed by 10/30/2013; Final Pretrial Conference set for 1/17/2014 at 11:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Jury Trial set for 3/3/2014 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Reader, L) (Entered: 06/21/2013) |
| 2013-06-21 | | SERVICE BY MAIL: 64 Scheduling Order, served on Donald R. Huene. (Reader, L) (Entered: 06/21/2013) |
| 2013-09-03 | 65 | MOTION for SUMMARY JUDGMENT or SUMMARY ADJUDICATION by Donald R. Huene. (Reader, L) (Entered: 09/05/2013) |
| 2013-09-16 | 66 | REQUEST for Telephonic Appearance by Donald R. Huene at the 10/9/2013 hearing at 10:00 a.m. before the Honorable Allison Claire in Courtroom 26, 8th Floor (AC). (Waggoner, D) (Entered: 09/17/2013) |
| 2013-09-18 | 67 | MINUTE ORDER: (Text Only) re 66 Request. Plaintiff's Request to Appear Telephonically is hereby granted. Plaintiff is instructed to contact the Courtroom Deputy to Magistrate Judge Allison Claire, Valerie Callen at (916) 930-4199 for further instructions concerning the telephone appearance. (Callen, V) (Entered: 09/18/2013) |
| 2013-09-18 | | SERVICE BY MAIL: 67 Minute Order, served on Donald R. Huene. (Callen, V) (Entered: 09/18/2013) |
| 2013-09-25 | 68 | CROSS-MOTION for SUMMARY JUDGMENT by U.S. Department of the Treasury Internal Revenue Service. Motion Hearing set for 10/9/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Attachments: # 1 Response to Plaintiff's statement of undisputed facts, # 2 Memorandum, # 3 Declaration of Anthony K. Shelly) (Role, Gerald) Modified on 9/26/2013 (Zignago, K.). (Entered: 09/25/2013) |
| 2013-09-27 | 70 | OPPOSITION by Donald R. Huene to 68 CROSS-MOTION for SUMMARY JUDGMENT. (Donati, J) (Entered: 10/04/2013) |
| 2013-10-04 | 69 | STIPULATION and PROPOSED ORDER for Stay of Proceedings in Light of Lapse in Appropriations by U.S. Department of the Treasury Internal Revenue Service. (Attachments: # 1 Exhibit Signature authorization)(Role, Gerald) (Entered: 10/04/2013) |
| 2013-10-07 | 71 | ORDER signed by Magistrate Judge Allison Claire on 10/4/13. This matter is STAYED pending restoration of funding to the Department of Justice. When government counsel notifies the Court that funding has been restored, the Court will enter a new scheduling order and set a hearing date for the pending cross-motions for summary judgment. The 10/9/13 hearing is VACATED. (Manzer, C) (Entered: 10/07/2013) |
| 2013-10-07 | | SERVICE BY MAIL: 71 Order served on Donald R. Huene. (Manzer, C) (Entered: 10/07/2013) |
| 2013-10-21 | 72 | NOTICE to RE-SCHEDULE HEARING on 65 Motion for Summary Judgment or Summary Adjudication and 68 Cross-Motion for Summary Judgment: Motion Hearing set for 11/6/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Role, Gerald) Modified on 10/22/2013 (Marciel, M) (Entered: 10/21/2013) |
| 2013-10-29 | 73 | MINUTE ORDER: (Text Only) re 72 Notice to Reschedule Hearing on Motion, 68 Cross-Motion for Summary Judgment. On review of the government's October 21, 2013 notice to reschedule hearing, the stay in this matter is lifted and the parties' cross-motions for summary judgment are now scheduled for hearing on 11/6/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Callen, V) (Entered: 10/29/2013) |
| 2013-10-29 | | SERVICE BY MAIL: 73 Minute Order,, Set/Reset Motion Hearing, served on Donald R. Huene. (Callen, V) (Entered: 10/29/2013) |
| 2013-11-06 | 74 | MINUTES (Text Only) for proceedings held before Magistrate Judge Allison Claire: MOTION HEARING held on 11/6/2013 re 68 Cross-Motion for Summary Judgment filed by U.S. Department of the Treasury Internal Revenue Service, 72 Notice to Reschedule Hearing on Motion, 65 Motion for Summary Judgment or Summary Adjudication filed by Donald R. Huene. The matters are taken under submission and the court will issue Findings and Recommendations. Plaintiffs Counsel Pro Se, via telephone present. Defendants Counsel Gerald A. Role, via telephone present. Court Reporter/CD Number: 1 of 1. (Callen, V) (Entered: 11/06/2013) |
| 2013-11-07 | 75 | FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/7/13 RECOMMENDING that Plaintiff's 65 motion for summary judgment be denied; Defendant's 68 cross-motion for summary judgment be granted;and summary judgment be entered for defendant on the alternative ground specified. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Motions referred to Judge John A. Mendez. (Kastilahn, A) (Entered: 11/07/2013) |
| 2013-11-07 | | SERVICE BY MAIL: 75 Findings and Recommendations served on Donald R. Huene. (Kastilahn, A) (Entered: 11/07/2013) |
| 2014-01-30 | 76 | ORDER adopting in full 75 FINDINGS AND RECOMMENDATIONS, signed by Judge John A. Mendez on 1/29/14. Plaintiff's 65 motion for summary judgment is DENIED. Defendant's 68 cross-motion for summary judgment is GRANTED. Summary judgment is entered for the defendant pursuant to Federal Rule of Civil Procedure 56(f)(3). CASE CLOSED (Kastilahn, A) (Entered: 01/30/2014) |
| 2014-01-30 | 77 | JUDGMENT dated *1/30/14* entered pursuant to order signed by Judge John A. Mendez on 1/29/14. (Kastilahn, A) (Entered: 01/30/2014) |
| 2014-01-30 | | SERVICE BY MAIL: 76 Order Adopting Findings and Recommendations, and 77 Judgment served on Donald R. Huene. (Kastilahn, A) (Entered: 01/30/2014) |
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