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Case TitleRodriguez v. Internal Revenue Service
DistrictEastern District of New York
CityBrooklyn
Case Number1:2009cv05337
Date Filed2009-12-07
Date Closed2013-05-15
JudgeJudge Raymond J. Dearie
PlaintiffJose Nuesi Rodriguez
DefendantInternal Revenue Service
DefendantEric H. Holder, Jr.
DefendantU.S. Attorney Benton J. Campbell
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [29]
Opinion/Order [32]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2009-12-071COMPLAINT (Filing fee $350 receipt #4653008629) against Internal Revenue Service Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Jose Nuesi Rodriguez. (Attachments: # 1 Civil Cover Sheet) (Bowens, Priscilla) (Entered: 12/07/2009)
2009-12-112SUMMONS Returned Executed by Jose Nuesi Rodriguez. Internal Revenue Service served on 12/7/2009, answer due 2/5/2010. (Maresca, Elizabeth) (Entered: 12/11/2009)
2009-12-113SUMMONS Returned Executed by Jose Nuesi Rodriguez. Eric H. Holder, Jr served on 12/7/2009, answer due 2/5/2010. (Maresca, Elizabeth) (Entered: 12/11/2009)
2009-12-114SUMMONS Returned Executed by Jose Nuesi Rodriguez. Benton J. Campbell served on 12/7/2009, answer due 2/5/2010. (Maresca, Elizabeth) (Entered: 12/11/2009)
2010-01-065MOTION for Extension of Time to File Answer by Benton J. Campbell, Eric H. Holder, Jr, Internal Revenue Service. (Merchant, Orelia) (Entered: 01/06/2010)
2010-01-07ORDER, by electronic endorsement, granting 5 Motion for Extension of Time to Answer. Defendants' answers due 2/5/10. Ordered by Magistrate Judge Viktor V. Pohorelsky on 1/7/2010. (Newton, Joan) (Entered: 01/07/2010)
2010-02-046ANSWER to 1 Complaint by Internal Revenue Service. (Russell, William) (Entered: 02/04/2010)
2010-02-177SCHEDULING ORDER entered setting date for initial conference and deadline for automatic disclosures. (Attachment) Ordered by Magistrate Judge Viktor V. Pohorelsky on 2/17/2010. (Newton, Joan) (Entered: 02/17/2010)
2010-03-118First MOTION to Adjourn Conference by Jose Nuesi Rodriguez. (Maresca, Elizabeth) (Entered: 03/11/2010)
2010-03-15ORDER granting 8 Motion to Adjourn Conference. The 3/16/10 conference is adjourned to 3/30/10 at 10:00 a.m. Ordered by Magistrate Judge Viktor V. Pohorelsky on 3/15/2010. (Newton, Joan) (Entered: 03/15/2010)
2010-03-259Second MOTION to Adjourn Conference by Jose Nuesi Rodriguez. (Maresca, Elizabeth) (Entered: 03/25/2010)
2010-03-29ORDER granting 9 Motion to Adjourn Conference. The conference scheduled for 3/30/10 is adjourned to 4/13/10 at 10:00 a.m. Ordered by Magistrate Judge Viktor V. Pohorelsky on 3/29/2010. (Newton, Joan) (Entered: 03/29/2010)
2010-04-1310MINUTE ENTRY for proceedings held before Magistrate Judge Viktor V. Pohorelsky:Initial Scheduling Hearing held on 4/13/2010. See annexed conference minutes for details. (Newton, Joan) (Entered: 04/13/2010)
2010-06-1611MINUTE ENTRY for proceedings held before Magistrate Judge Viktor V. Pohorelsky:Telephone Scheduling Conference held on 6/15/2010. See annexed conference calendar minutes for details. (Newton, Joan) (Entered: 06/16/2010)
2010-06-2512Letter Requesting Pre-Motion Conference by Internal Revenue Service (Russell, William) (Entered: 06/25/2010)
2010-06-3013Letter Response to Defendant's Request for Pre-Motion Conference by Jose Nuesi Rodriguez (Maresca, Elizabeth) (Entered: 06/30/2010)
2010-07-0214SCHEDULING ORDER: A pre-motion conference has been scheduled for 8/6/10 at 10:30 AM before Judge Raymond J. Dearie in Courtroom 10A-S. Ordered by Chief Judge Raymond J. Dearie on 7/1/2010. (Chee, Alvin) (Entered: 07/02/2010)
2010-08-0615Minute Entry for proceedings held before Chief Judge Raymond J. Dearie: Pre-Motion Conference held on 8/6/2010. Counsel for parties present. Case called for pre-motion conference regarding defendant's request for permission to file a motion for summary judgment. Discussion held. Parties agree to following briefing schedule: defendant's motion due 10/15/10; plaintiff's response due 11/30/10; defendant's reply, if any, due 12/15/10. Parties are directed to follow Chief Judge Dearie's Motion Practice Rules. Oral argument will be scheduled when motion is fully briefed, if appropriate. (Court Reporter: Shelly Silverman.) (Chee, Alvin) (Entered: 08/11/2010)
2010-12-0216Letter dated 11/30/10 from Elizabeth Maresca, Esq., to W. Bradley Russell, Esq., serving plaintiff's cross-motion and opposition to defendant's motion for summary judgment. (Chee, Alvin) (Entered: 12/02/2010)
2010-12-1517MOTION for Extension of Time to File Response/Reply (Motion to Set Briefing Schedule) by Internal Revenue Service. (Russell, William) (Entered: 12/15/2010)
2010-12-2118MOTION for Summary Judgment by Internal Revenue Service. Responses due by 11/30/2010 (Attachments: # 1 Rule 56.1 Statement, # 2 Declaration of Vogel, # 3 Declaration of Christopher, # 4 Declaration of Mills, # 5 Declaration of Joiner, # 6 Declaration Vaughn Index) (Russell, William) (Entered: 12/21/2010)
2010-12-2219ORDER: The Court amends the briefing schedule that was previously set on 8/6/10 as follows: Defendant's response to plaintiff's cross motion due 1/24/11; Plaintiff's reply, if any, due 2/7/11. Oral argument will be scheduled when motions are fully briefed. Ordered by Chief Judge Raymond J. Dearie on 12/20/2010. (Brucella, Michelle) (Entered: 12/22/2010)
2010-12-2220RESPONSE to Motion re 18 MOTION for Summary Judgment Plaintiff's Cross Motion & Opposition to Defendant's Motion for Summary Judgment filed by Jose Nuesi Rodriguez. (Attachments: # 1 Memorandum in Support Memorandum of Law in Support of Plaintiff's Cross Motion & Opposition To Defendant's Motion for Summary Judgement, # 2 Plaintiff's Response to Defendant's Statement of Material Facts and Exhibits A thru C, # 3 Plaintiff's Response to Defendant's Statement of Material Facts - Exhibit D1, # 4 Plaintiff's Response to Defendant's Statement of Material Facts - Exhibit D2, # 5 Plaintiff's Response to Defendant's Statement of Material Facts - Exhibit D3 - Part 1, # 6 Plaintiff's Response to Defendant's Statement of Material Facts - Exhibit D3 - Part 2, # 7 Plaintiff's Response to Defendant's Statement of Material Facts - Exhibits E thru G) (Maresca, Elizabeth) (Entered: 12/22/2010)
2010-12-3021REPLY in Support of Motion for Summary Judgment filed by Internal Revenue Service. (Russell, William) (Entered: 12/30/2010)
2011-02-2222REPLY to Response to Motion re 18 MOTION for Summary Judgment Internal Revenue Service's Response to Cross Motion for Summary Judgment filed by Internal Revenue Service. (Attachments: # 1 Internal Revenue Service's Response to Rodriguez's Statement of Uncontested Facts) (Russell, William) (Entered: 02/22/2011)
2011-03-0723RESPONSE in Opposition re 18 MOTION for Summary Judgment filed by Jose Nuesi Rodriguez. (Maresca, Elizabeth) (Entered: 03/07/2011)
2011-03-3124SCHEDULING ORDER: Oral argument has been scheduled for 5/17/11 at 12 PM before Judge Raymond J. Dearie in Courtroom 10A-S. Ordered by Chief Judge Raymond J. Dearie on 3/30/2011. (Chee, Alvin) (Entered: 03/31/2011)
2011-05-1725ORDER REFERRING MOTION: Defendant's 18 motion for summary judgment is hereby referred to Magistrate Judge Pohorelsky for report and recommendation pursuant to 28 U.S.C. § 636(b)(1)(B). Ordered by Senior Judge Raymond J. Dearie on 5/17/2011. (Chee, Alvin) (Entered: 05/17/2011)
2012-03-0626NOTICE by Internal Revenue Service Regarding Additional Pages Produced in Part (Russell, William) (Entered: 03/06/2012)
2012-08-3127REPORT AND RECOMMENDATIONS re 18 MOTION for Summary Judgment filed by Internal Revenue Service. Objections to R&R due by 9/17/2012. Ordered by Magistrate Judge Viktor V. Pohorelsky on 8/31/2012. (Pohorelsky, Viktor) (Entered: 08/31/2012)
2012-09-1428OBJECTION to 27 Report and Recommendations filed by Jose Nuesi Rodriguez. (Maresca, Elizabeth) (Entered: 09/14/2012)
2012-09-2429ORDER ADOPTING REPORT AND RECOMMENDATION: Having reviewed Magistrate Judge Pohorelsky's careful analysis and plaintiff's objections, the Court adopts the Report and Recommendation in full. Defendant is directed to produce all of the withheld documents to the Court for in camera review, consistent with Magistrate Judge Pohorelsky's recommendation. Ordered by Judge Raymond J. Dearie on 9/24/2012. (Chee, Alvin) (Entered: 09/24/2012)
2012-10-04SCHEDULING ORDER: By October 26, 2012, the defendant shall electronically file under seal and ex parte all of the withheld documents for in camera review. Ordered by Magistrate Judge Viktor V. Pohorelsky on 10/4/2012. (Toritto, Jim) (Entered: 10/04/2012)
2012-10-2630Letter transmitting documents for inspection in camera (SEALED and EX PARTE) by Internal Revenue Service (Attachments: # 1 Documents submitted for inspection in camera) (Russell, William) (Entered: 10/26/2012)
2013-04-1631REPORT AND RECOMMENDATIONS re 18 MOTION for Summary Judgment by Internal Revenue Service & 20 RESPONSE to Motion & Plaintiff's Cross Motion & Opposition to Defendant's Motion for Summary Judgment. Any objections to the R&R must be filed with the Clerk of Court within 14 days of receipt of this report. Ordered by Magistrate Judge Viktor V. Pohorelsky on 4/16/2013. (Newton, Joan) (Entered: 04/16/2013)
2013-05-1332ORDER ADOPTING REPORT AND RECOMMENDATION: On 4/16/13, Magistrate Judge Pohorelsky recommended that defendant's motion for summary judgment be granted and that plaintiff's cross-motion for summary judgment be denied. Neither party filed objections. This Court adopts Magistrate Judge Pohorelsky's Report and Recommendation in full, for the reasons stated in his Recommendation. Forwarded for judgment. Ordered by Judge Raymond J. Dearie on 5/13/2013. (Chee, Alvin) (Entered: 05/13/2013)
2013-05-1533CLERK'S JUDGMENT: ORDERED and ADJUDGED that Defendant's motion for summary judgment is granted; and that Plaintiff's cross-motion for summary judgment is denied. Ordered by Clerk of Court on 5/15/2013. (Chee, Alvin) (Entered: 05/15/2013)
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