Elizalde v. IRS

Ohio Southern District Court
Judge:Thomas M Rose
Referred: Sharon L Ovington
Case #: 3:18-cv-00210
Nature of Suit870 Federal Tax Suits - Taxes (U.S. Plaintiff or Defendant)
Cause26:7422 IRS: Refund Excise Tax
Case Filed:Jun 20, 2018
Last checked: Monday Dec 17, 2018 4:28 AM EST
Defendant
IRS
Represented By
Angela R. Foster
United States Department Of Justice
contact info
Plaintiff
Sergio Elizalde
1740 Deer Creek Dr Suite 11
Xenia, OH 45385

GPO Sep 04 2018
o the party(ies) listed in the NEF that did not receive electronic notification.) (Main Document 3 replaced on 9/5/2018) (pb). Modified on 9/5/2018 (pb). Modified on 9/6/2018 (pb).DECISION AND ENTRY - re 2 Complaint filed by Sergio Elizalde IT IS THEREFORE ORDERED THAT: 1. The United States Clerk of Court serve a copy of the Complaint and attached documents (Doc. #2), a summons, and this Order upon the named defendants as directed by Plaintiff. All costs of service shall be advanced by the United States. 2. Plaintiff must serve each name Defendant or its attorney in the event the attorneys appearance is entered in the record with a copy of every document submitted for consideration by the Court. Plaintiff shall include with the original paper to be filed with the Clerk of Court a certificate stating the date and a true and correct copy of any document mailed to defendant or its attorney. Any paper received by a District Judge or Magistrate Judge that has not been filed with the Clerk of Court or that fails to include a certificate of service will be disregarded by the Court. 3. Plaintiff must inform the Clerk of Court promptly of any changes of address he has during the pendency of this lawsuit. Failure to do so may result in dismissal of this case for failure to prosecute. Signed by Magistrate Judge Sharon L. Ovington on 9/4/18. (pb)(This document has been sent by regular mail t

Docket last updated: 6 hours ago
Thursday, March 14, 2019
18 18 misc Stipulation of Dismissal Thu 03/14 10:11 PM
STIPULATION of Dismissal by Defendant IRS. (Foster, Angela)
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Wednesday, February 20, 2019
17 17 order Dayton Preliminary Pretrial Order Wed 02/20 12:33 PM
PRELIMINARY PRETRIAL ORDER: Settlement demand by Plaintiff upon Defendant to bemade by 6/30/19. Motion to Amended Pleadings due by 4/23/2019. Motions directed to pleadings due by 8/7/2019. Lay Witness due by 4/23/2019. Discovery due by 6/25/2019. Signed by Magistrate Judge Sharon L. Ovington on 2/20/19. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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order Order Wed 02/20 12:28 PM
NOTATION ORDER - Lifting Stay. Signed by Magistrate Judge Sharon L. Ovington on 2/20/19. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Friday, February 15, 2019
16 16 cmp Amended Complaint Fri 02/15 3:46 PM
AMENDED COMPLAINT against IRS, filed by Sergio Elizalde. (kma)
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Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D,
Att: 5 Exhibit E,
Att: 6 Summons Forms
15 15 misc Rule 26(f) Report Fri 02/15 8:54 AM
RULE 26(f) REPORT Proposed Preliminary Pretrial Conference Order by Defendant IRS. (Foster, Angela)
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order Order on Motion to Amend/Correct Fri 02/15 9:48 AM
NOTATION ORDER granting Plaintiff's12 UNOPPOSED MOTION TO AMEND COMPLAINT (Doc #2). Signed by Magistrate Judge Sharon L. Ovington on 2/15/19. (rp)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Thursday, January 31, 2019
14 14 1 pgs order Order Thu 01/31 3:55 PM
AMENDED PRELIMINARY PRETRIAL CONFERENCE ORDER- In accordance with mandates of Fed. R. Civ. P. 26(f), the parties must meet and confer in order to file their 26(f) Report by February 21, 2019. Pretrial procedures and forms can be found on the Courts website at www.ohsd.uscourts.gov. The Court will thereafter, pursuant to Fed. R. Civ. P. 16(b), enter a Calendar Order or will set and hold a Scheduling Conference after which a Calendar Order will issue. re11 Signed by Magistrate Judge Sharon L. Ovington on 1/31/19. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Friday, January 25, 2019
order Order Staying Case Fri 01/25 12:04 PM
NOTATION ORDER: This case has been suspended, postponed and held in abeyance as of December 26, 2018 and remains in effect until further Order of the Court. See General Order 18-02, Second Amended;[LINK:https://www.ohsd.uscourts.gov] (search: General Order 18-02). Accordingly, this case is STAYED on the Courts docket pending further action by the undersigned. IT IS SO ORDERED. Signed by Magistrate Judge Sharon L. Ovington on 1/25/2019. (jmb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Friday, January 18, 2019
13 13 notice Notice (Other) Fri 01/18 3:14 PM
NOTICE: Entitled: ' Notice to Court' by Plaintiff Sergio Elizalde (kma)
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Tuesday, January 08, 2019
12 12 motion Amend/Correct Tue 01/08 3:23 PM
UNOPPOSED MOTION TO AMEND COMPLAINT2 Complaint by Plaintiff Sergio Elizalde. (srb)
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Friday, December 14, 2018
11 11 1 pgs order Order ~Util - Set Scheduling Order Deadlines ~Util - Set Deadlines/Hearings Fri 12/14 2:48 PM
PRELIMINARY PRETRIAL CONFERENCE ORDER. Signed by Magistrate Judge Sharon L. Ovington on 12/14/2018. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Tuesday, November 13, 2018
10 10 answer Answer to Complaint Tue 11/13 2:00 PM
United States' ANSWER to2 Complaint filed by IRS. (Foster, Angela)
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Friday, September 21, 2018
9 9 service Summons Returned Executed Fri 09/21 2:28 PM
SUMMONS Returned Executed as to US Attorney's Office. (kma)
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Monday, September 17, 2018
8 8 service Summons Returned Executed as to USA Mon 09/17 4:35 PM
SUMMONS Returned Executed as to Defendant IRS. IRS served on 9/12/2018, answer due 11/13/2018. (pb)
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Monday, September 10, 2018
7 7 misc Certificate of Clerk Mon 09/10 1:31 PM
CERTIFICATE OF MAILING BY CLERK - Certified mail service has been performed by the Clerk, U.S. District Court on September 10, 2018. A copy of the Complaint, Summons, and Court Decision and Entry document number 3, sent by certified mail to the following locations: US Attorneys Office 950 Pennsylvania Avenue, Washington, D.C. 20530-0001; Article Number: 7017 1450 0001 2569 4457;US Attorney's Office US Courthouse and Federal Bldg, 200 W. Second Street, Ste 600 Dayton, Ohio 45402, Article Number 7017 1450 0001 2569 4464 (pb)
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6 6 service Summons Issued as to USA Mon 09/10 1:14 PM
Summons Issued as to U.S. Attorney and U.S. Attorney General (pb)
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Thursday, September 06, 2018
5 5 misc Certificate of Clerk Thu 09/06 4:00 PM
CERTIFICATE OF MAILING BY CLERK - Certified mail service has been performed by the Clerk, U.S. District Court on June 10, 2015. A copy of the Complaint, Summons, and Court Decision and Entry document number 3, sent by certified mail to the following locations: IRS 5045 East Butler Avenue Fresno, CA 93727 Article Number 7017 1450 0001 2569 4440 (pb)
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Wednesday, September 05, 2018
4 4 service Summons Issued as to USA Wed 09/05 9:32 AM
Summons Issued as to IRS, PLEASE NOTE THAT THERE WERE NO SUMMONS FORMS SUBMITTED FOR ISSUANCE TO THE UNITED STATES ATTORNEY, NOR THE UNITED STATES ATTORNEY GENERAL (pb)
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Tuesday, September 04, 2018
3 3 motion Report and Recommendations Tue 09/04 5:06 PM
DECISION AND ENTRY - REPORT AND RECOMMENDATIONS re2 Complaint filed by Sergio Elizalde Objections to R&R due by 9/18/2018. IT IS THEREFORE RECOMMENDED THAT: 1. The United States Clerk of Court serve a copy of the Complaint and attached documents (Doc. #2 ), a summons, and this Order upon the named defendants as directed by Plaintiff. All costs of service shall be advanced by the United States. 2. Plaintiff must serve each name Defendantor its attorney in the event the attorneys appearance is entered in the recordwith a copy of every document submitted for consideration by the Court. Plaintiff shall include with the original paper to be filed with the Clerk of Court a certificate stating the date and a true and correct copy of any document mailed to defendant or its attorney. Any paper received by a District Judge or Magistrate Judge that has not been filed with the Clerk of Court or that fails to include a certificate of service will be disregarded by the Court. 3. Plaintiff must inform the Clerk of Court promptly of any changes of address he has during the pendency of this lawsuit. Failure to do so may result in dismissal of this case for failure to prosecute. Signed by Magistrate Judge Sharon L. Ovington on 9/4/18. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Monday, July 02, 2018
2 2 cmp Complaint Mon 07/02 11:11 AM
COMPLAINT against IRS, filed by Sergio Elizalde. (kma)
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order Order on Motion for Leave to Proceed In Forma Pauperis Mon 07/02 8:17 AM
NOTATION ORDER granting1 Motion for Leave to Proceed in forma pauperis. The Clerk is directed to hold service pending initial review. Signed by Magistrate Judge Sharon L. Ovington on 7/2/18. (rp)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Wednesday, June 20, 2018
1 1 motion Proceed In Forma Pauperis Wed 06/20 2:30 PM
MOTION for Leave to Proceed in forma pauperis (The Office of the Clerk is in possession of all necessary service documents) by Plaintiff Sergio Elizalde. (pb)
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Att: 1 Civil Cover Sheet,
Att: 2 Complaint,
Att: 3 Attachment 1 To Complaint,
Att: 4 Summons Form,
Att: 5 USM285 Forms