| Date Filed | Doc # | Docket Text |
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| 2014-03-19 | 1 | COMPLAINT against COMMISSIONER OF INTERNAL REVENUE SERVICE ( Filing fee $ 400, receipt number 4616062779) with Jury Demand filed by MICHAEL ELLIS. (Attachments: # 1 Civil Cover Sheet)(rc) (Entered: 03/24/2014) |
| 2014-03-19 | | SUMMONS (3) Issued as to COMMISSIONER OF INTERNAL REVENUE SERVICE, U.S. Attorney and U.S. Attorney General. (rc) (Entered: 03/24/2014) |
| 2014-03-19 | 2 | NOTICE OF RELATED CASE by MICHAEL ELLIS. Case related to Case No. 12-cv-655. (rc) (Entered: 03/24/2014) |
| 2014-04-11 | 3 | First AMENDED COMPLAINT against COMMISSIONER OF INTERNAL REVENUE SERVICE with Jury Demand filed by MICHAEL ELLIS.(jf, ) (Entered: 04/15/2014) |
| 2014-05-06 | 4 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. COMMISSIONER OF INTERNAL REVENUE SERVICE served on 3/31/2014, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/31/2014., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/31/2014. ( Answer due for ALL FEDERAL DEFENDANTS by 4/30/2014.) (jf, ) (Entered: 05/07/2014) |
| 2014-05-20 | 5 | MOTION for Evidentiary Hearing, MOTION for Default Judgment by MICHAEL ELLIS (jf, ) (Entered: 05/21/2014) |
| 2014-05-29 | | MINUTE ORDER denying without prejudice 5 Motion for Evidentiary Hearing; denying without prejudice 5 Motion for Default Judgment. A review of the docket indicates that plaintiff filed an amended complaint on April 11, 2014, but it does not evidence that he properly served defendant with the amended complaint. As a result, the Court is unable to determine at this time whether defendant has failed to answer or otherwise respond within the time period set by Federal Rule of Civil Procedure 15. Additionally, even if defendant has failed to answer or otherwise respond to the first amended complaint within the specified time, Federal Rule of Civil Procedure 55(a) requires that plaintiff first obtain an entry of default before he may file a motion for default judgment. Based on these reasons, it is ORDERED that plaintiff's motion for an evidentiary hearing and default judgment is denied without prejudice. Signed by Judge Amy Berman Jackson on 5/29/2014. (lcabj1) (Entered: 05/29/2014) |
| 2014-06-02 | 6 | MOTION to Dismiss for Lack of Jurisdiction United States' Motion To Dismiss by COMMISSIONER OF INTERNAL REVENUE SERVICE (Attachments: # 1 Memorandum in Support Memorandum in Support of United States' Motion To Dismiss, # 2 Text of Proposed Order Order Dismissing Complaint Against United States)(Martineau, Michael) (Entered: 06/02/2014) |
| 2014-06-03 | 7 | Order advising plaintiff to respond to defendant's motion to dismiss on or before June 27, 2014, or the Court may deem the matter as conceded and dismiss the case. (SEE ORDER FOR DETAILS). Signed by Judge Amy Berman Jackson on 6/3/2014. (lcabj1) (Entered: 06/03/2014) |
| 2014-06-04 | 8 | MOTION for Leave to File Second Amended Complaint by MICHAEL ELLIS (Attachments: # 1 Exhibit Second Amended Complaint)(jf, ) (Entered: 06/05/2014) |
| 2014-06-04 | 9 | MOTION for permission to add as defendant United States Department of Justice, MOTION to Withdraw Motion for Default Judgment by MICHAEL ELLIS (jf, ) (Entered: 06/05/2014) |
| 2014-06-05 | 10 | ORDER denying as moot 6 Motion to Dismiss for Lack of Jurisdiction; granting 8 Motion for Leave to File Second Amended Complaint; granting 9 Motion for permission to add United States Department of Justice as a defendant. The Clerk is directed to enter exhibit 1 to the motion for leave to file the second amended complaint on the docket. Defendant's response to the amended complaint is due on or before June 19, 2014, and plaintiff's opposition to any renewed motion to dismiss is due on or before July 10, 2014. (SEE ORDER FOR DETAILS). Signed by Judge Amy Berman Jackson on 6/5/2014. (lcabj1) (Entered: 06/05/2014) |
| 2014-06-05 | | Set/Reset Deadlines: Defendant's Response to the Amended Complaint is due by 6/19/2014. Should the Defendant's file a Renewed Motion to Dismiss, then Plaintiff's Opposition to any such Renewed Motion to Dismiss will be due by 7/10/2014. (jth) (Entered: 06/05/2014) |
| 2014-06-05 | 11 | SECOND AMENDED COMPLAINT against COMMISSIONER OF INTERNAL REVENUE SERVICE, UNITED STATES ATTORNEY GENERAL, UNITED STATES DEPARTMENT OF JUSTICE with Jury Demand filed by MICHAEL ELLIS.(jf, ) (Entered: 06/10/2014) |
| 2014-06-16 | 12 | MOTION to Amend/Correct 10 Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion for Leave to File, Order on Motion for Miscellaneous Relief, Order on Motion to Withdraw,,,,,,,, by MICHAEL ELLIS (td, ) (Entered: 06/17/2014) |
| 2014-06-17 | 13 | MOTION to Dismiss for Lack of Jurisdiction United States' Renewed Motion To Dismiss by COMMISSIONER OF INTERNAL REVENUE SERVICE (Attachments: # 1 Memorandum in Support Memorandum in Support of United States' Renewed Motion To Dismiss, # 2 Text of Proposed Order Order Dismissing Second Amended Complaint Against United States)(Martineau, Michael) (Entered: 06/17/2014) |
| 2014-06-18 | | MINUTE ORDER denying as moot 12 Motion to Amend/Correct Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion for Leave to File, Order on Motion for Miscellaneous Relief, Order on Motion to Withdraw. It is ORDERED that plaintiff's motion to amend or correct the Court's order is denied as moot because plaintiff will have a full opportunity to raise any objections to the motion to dismiss in his opposition, which is due on or before July 10, 2014, and because all named defendants have responded to the new complaint by filing a motion to dismiss. Signed by Judge Amy Berman Jackson on 6/18/2014. (lcabj1) (Entered: 06/18/2014) |
| 2014-06-18 | 14 | Order advising plaintiff to respond to the renewed motion to dismiss or the Court may deem matter as conceded. Response due by 7/10/2014. Signed by Judge Amy Berman Jackson on 6/18/2014. (lcabj1) (Main Document 14 replaced on 6/18/2014) (zjth, ). (Entered: 06/18/2014) |
| 2014-06-25 | 15 | MOTION for More Definite Statement by MICHAEL ELLIS (rdj) (Entered: 06/25/2014) |
| 2014-06-27 | | MINUTE ORDER denying 15 Motion for More Definite Statement. Federal Rule of Civil Procedure 12(e) permits a party to "move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response." Fed. R. Civ. P. 12(e). The Rule is limited to the context of pleadings and may not be invoked in response to a dispositive motion. It is therefore ORDERED that plaintiff's motion for a more definite statement is denied. Additionally, the Court notes that plaintiff's motion essentially repeats many of the arguments set forth in his motion for reconsideration that outline his position that defendants did not provide sufficient authority to support their motion to dismiss. The Court will consider these points when deciding the motion to dismiss. As a result, unless plaintiff has legal authority he would like to bring to the Court's attention, he need not file any additional materials stating his opposition to the motion to dismiss. Signed by Judge Amy Berman Jackson on 6/27/2014. (lcabj1) (Entered: 06/27/2014) |
| 2014-07-08 | 16 | MOTION for Leave to File Third Amended Complaint by MICHAEL ELLIS (Attachments: # 1 Exhibit Third Amended Complaint)(jf, ) (Entered: 07/09/2014) |
| 2014-07-09 | | MINUTE ORDER. In light of the fact that there is a pending motion to dismiss the second amended complaint on jurisdictional grounds, the Court will stay consideration of plaintiff's motion for leave to file a third amended complaint 16 (as well as any need for defendants to respond to that motion) until the motion to dismiss has been decided. Signed by Judge Amy Berman Jackson on 7/9/2014. (lcabj1) (Entered: 07/09/2014) |
| 2014-07-09 | 17 | MOTION for Joinder by ROBERT A. MCNEIL (Attachments: # 1 Exhibit)(jf, ) (Entered: 07/10/2014) |
| 2014-07-10 | | MINUTE ORDER. In light of the fact that there is a pending motion to dismiss the second amended complaint on jurisdictional grounds, the Court will stay consideration of Mr. Robert A. McNeil's motion for joinder (as well as any need for defendants to respond to that motion) until the motion to dismiss has been decided.. Signed by Judge Amy Berman Jackson on 7/10/2014. (lcabj1) (Entered: 07/10/2014) |
| 2014-07-10 | 18 | Memorandum in opposition to re 13 MOTION to Dismiss for Lack of Jurisdiction United States' Renewed Motion To Dismiss filed by MICHAEL ELLIS. (Attachments: # 1 Exhibit)(jf, ) (Entered: 07/11/2014) |
| 2014-07-11 | 19 | MOTION for Joinder by LOUIS RONALD DEPOLO (jf, ) (Entered: 07/14/2014) |
| 2014-07-11 | 20 | WITHDRAWN PURSUANT TO NOTICE FILED 07/21/2014.....Memorandum in opposition to re 13 MOTION to Dismiss for Lack of Jurisdiction filed by MICHAEL ELLIS. (Attachments: # 1 Exhibit)(jf, ) Modified on 7/23/2014 (jth). (Entered: 07/14/2014) |
| 2014-07-14 | | MINUTE ORDER. In light of the fact that there is a pending motion to dismiss the second amended complaint on jurisdictional grounds, the Court will stay consideration of Mr. Louis Ronald Depolo's motion for joinder (as well as any need for defendants to respond to that motion) until the motion to dismiss has been decided. Signed by Judge Amy Berman Jackson on 7/14/2014. (lcabj1) (Entered: 07/14/2014) |
| 2014-07-14 | | MINUTE ORDER. In a civil case, a plaintiff may only file one opposition to a motion to dismiss. Here, plaintiff has filed two oppositions: the one filed on July 10, 2014, and the one filed on July 11, 2014. As a result, plaintiff is ORDERED to notify the Court which of his two oppositions is the operative document and which one is withdrawn by Monday, July 21, 2014, or the Court will deem the first opposition to be withdrawn. Signed by Judge Amy Berman Jackson on 7/14/2014. (lcabj1) (Entered: 07/14/2014) |
| 2014-07-15 | | Set/Reset Deadlines: Plaintiff to notify the Court as to which of his two oppositions to the Motion to Dismiss is the operative document and which one is withdrawn by 7/21/2014. (jth) (Entered: 07/15/2014) |
| 2014-07-21 | 21 | NOTICE of Withdrawal of Document filed on 07/11/2014 by MICHAEL ELLIS (jf, ) (Entered: 07/23/2014) |
| 2014-08-20 | | MINUTE ORDER. A review of the record shows that defendants have not filed a reply in support of their renewed motion to dismiss. It is ORDERED that, if defendants wish to file a reply to plaintiff's opposition, it must be filed on or before September 2, 2014, or the Court will consider the motion fully briefed. Signed by Judge Amy Berman Jackson on 8/20/2014. (lcabj1) (Entered: 08/20/2014) |
| 2014-08-21 | | Set/Reset Deadlines: If defendants wish to file a reply to the plaintiff's opposition, in support of their renewed motion to dismiss, it must do so by 9/2/2014. (jth) (Entered: 08/21/2014) |
| 2014-08-29 | 22 | REPLY to opposition to motion re 13 MOTION to Dismiss for Lack of Jurisdiction United States' Renewed Motion To Dismiss Reply To Plaintiff's Opposition To United States' Renewed Motion To Dismiss filed by UNITED STATES DEPARTMENT OF JUSTICE. (Martineau, Michael) (Entered: 08/29/2014) |
| 2014-09-05 | 23 | MOTION to Strike 22 REPLY to opposition to motion re 13 MOTION to Dismiss for Lack of Jurisdiction, by MICHAEL ELLIS (jf, ) (Entered: 09/08/2014) |
| 2014-09-08 | | MINUTE ORDER denying 23 Motion to Strike 22 Reply to Opposition. "District judges must have authority to manage their dockets," and deference is due to the Court's decision "whether and how to enforce the deadlines [it] impose[s]." In re Fannie Mae Sec. Litig., 552 F.3d 814, 822 (D.C. Cir. 2009); see also Berry v. District of Columbia, 833 F.2d 1031, 1037 n.24 (D.C. Cir. 1987). Furthermore, the Court notes that defendants' reply brief is largely duplicative of its renewed motion to dismiss, which means that plaintiff is not prejudiced by the Court's allowance of a late filing. As a result, it is ORDERED that plaintiff's motion to strike is denied. Signed by Judge Amy Berman Jackson on 9/8/2014. (lcabj1) (Entered: 09/08/2014) |
| 2014-09-09 | 24 | MOTION for Leave to File Surreply by MICHAEL ELLIS (Attachments: # 1 Exhibit Surreply)(jf, ) (Entered: 09/10/2014) |
| 2014-09-09 | 25 | JUDICIAL NOTICE by MICHAEL ELLIS (jf, ) (Entered: 09/10/2014) |
| 2014-09-10 | | MINUTE ORDER granting 24 plaintiff's Motion for Leave to File Surreply. The Clerk of the Court is directed to enter Attachment 1 [24-1] to the motion on the docket. The Court notes that no further submission by the defendant is required. Signed by Judge Amy Berman Jackson on 9/10/14. (DMK) (Entered: 09/10/2014) |
| 2014-09-10 | 26 | SURREPLY to re 13 MOTION to Dismiss for Lack of Jurisdiction United States' Renewed Motion To Dismiss filed by MICHAEL ELLIS. (jf, ) (Entered: 09/11/2014) |
| 2014-09-16 | 27 | ORDER granting 13 Motion to Dismiss for Lack of Jurisdiction; denying 16 Motion for Leave to File Third Amended Complaint; denying as moot 17 Motion for Joinder; denying as moot 19 Motion for Joinder. (SEE ORDER FOR DETAILS). Signed by Judge Amy Berman Jackson on 9/16/2014. (lcabj1) (Entered: 09/16/2014) |
| 2014-09-16 | 28 | MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 9/16/2014. (lcabj1) (Entered: 09/16/2014) |
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