Chaisson et al v. United States of America (3:22-cv-00540), Texas Northern District Court

Chaisson et al v. United States of America

Texas Northern District Court
Judge:	Ed Kinkeade
Case #:	3:22-cv-00540
Nature of Suit	870 Federal Tax Suits - Taxes (U.S. Plaintiff or Defendant)
Cause	28:1346 Recovery of IRS Tax

Case Filed:	Mar 07, 2022
Terminated:	Oct 11, 2022

Last checked: Monday Sep 05, 2022 4:43 AM CDT

Defendant United States of America United States Attorney's Office Northern District of Texas 1100 Commerce Street, 3rd Floor Dallas, TX 75242	Represented By Michelle C Johns Us Department Of Justice - Tax Division contact info
Plaintiff Lisa M Bulthaup	Represented By Mark Douglas Kimball Mdk Law contact info
Plaintiff Dennis J Chaisson	Represented By Mark Douglas Kimball Mdk Law contact info

GPO Oct 11 2022
Memorandum Opinion and Order granting 13 Motion to Dismiss for Lack of Subject Matter Jurisdiction. (Ordered by Judge Ed Kinkeade on 10/11/2022) (sxf)

Docket last updated: 05/03/2024 11:59 PM CDT

Friday, March 01, 2024
39		39 appeal USCA Judgment/Mandate Sun 03/03 3:22 PM JUDGMENT/MANDATE of USCA as to36 Notice of Appeal filed by Lisa M Bulthaup, Dennis J Chaisson. The judgment of the District Court is AFFIRMED. Issued as Mandate: 3/1/2024. (axm) Related: [-]
38		38 appeal USCA Opinion Sun 03/03 3:20 PM Opinion of USCA in accordance with USCA judgment re36 Notice of Appeal filed by Lisa M Bulthaup, Dennis J Chaisson. AFFIRMED. (axm) Related: [-]
Friday, June 09, 2023
		appeal Appeal Record Certified/Transmitted Fri 06/09 4:02 PM Record on Appeal for USCA5 23-10551 Related [+]: Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, Sealed or ex parte electronic document number(s): 5,20 (circuit approval is required for access),. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by[LINK:contacting the appeals deputy] in advance to arrange delivery. (svc) Related: [-] lated to36 appeal
Wednesday, May 31, 2023
37		37 appeal Transcript Order Form DKT-13 - Transcript Requested/Not Requested Wed 05/31 12:55 PM Transcript Order Form: re36 Notice of Appeal,,,,, transcript not requested Reminder: If the transcript is ordered for an appeal, Appellant must also file a copy of the order form with the appeals court. (Kimball, Mark) Related: [-]
		appeal USCA Case Number Wed 05/31 11:01 PM USCA Case Number 23-10551 in USCA5 for36 Notice of Appeal filed by Lisa M Bulthaup, Dennis J Chaisson. (axm) Related: [-]
Wednesday, May 24, 2023
36		36 appeal Notice of Appeal Wed 05/24 2:51 PM NOTICE OF APPEAL as to29 Judgment,35 Order on Motion to Alter Judgment,,, Order on Motion to Amend/Correct,,28 Memorandum Opinion and Order to the Fifth Circuit by Lisa M Bulthaup, Dennis J Chaisson. Filing fee $505, receipt number ATXNDC-13764797. T.O. form to appellant electronically at[LINK:Transcript Order Form] or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions[LINK:here] . (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Kimball, Mark) Related: [-]
		Att: 1 Dkt 28 - Memo Opinion and Order,
		Att: 2 Dkt 29 - Final Judgment,
		Att: 3 Dkt 35 - Order Denying
Thursday, April 27, 2023
35		35 2 pgs order Order on Motion to Alter Judgment Order on Motion to Amend/Correct Thu 04/27 1:24 PM ORDER - Before the Court are Plaintiffs' Motion to Alter or Amend Judgment (the "Motion"), Doc. No. 30, the United States' Response to Plaintiffs Motion to Alter or Amend Judgment (the "Response"), Doc. No. 32, and Plaintiffs' Reply Brief on Motion to Alter or Amend Judgment (the "Reply"), Doc. No. 33. Having carefully considered the Motion, the Response, the Reply, the associated briefs and appendices, and the applicable law, the Court DENIES the Motion. (Ordered by Judge Ed Kinkeade on 4/27/2023) (chmb) Related: [-]
Wednesday, December 07, 2022
		misc Court Request For Recusal Wed 12/07 3:07 PM Court Request for Recusal: Magistrate Judge David L. Horan recused pursuant to Special Order 3-346. Magistrate Judge Rebecca Rutherford assigned for matters that may be referred in this case. (cea) Related: [-]
Tuesday, November 01, 2022
33		33 respm Reply Tue 11/01 1:00 PM REPLY filed by Lisa M Bulthaup, Dennis J Chaisson re:30 MOTION to Alter Judgment MOTION to Amend/Correct28 Memorandum Opinion and Order,29 Judgment (Kimball, Mark) Related: [-]
Tuesday, October 25, 2022
32		32 respm Response/Objection Tue 10/25 10:39 AM RESPONSE filed by United States of America re:30 MOTION to Alter Judgment MOTION to Amend/Correct28 Memorandum Opinion and Order,29 Judgment (Johns, Michelle) Related: [-]
		Att: 1 Exhibit(s) A,
		Att: 2 Exhibit(s) B
Friday, October 21, 2022
31		31 respm Brief/Memorandum In Support Fri 10/21 2:15 PM Brief/Memorandum in Support filed by Lisa M Bulthaup, Dennis J Chaisson re30 MOTION to Alter Judgment MOTION to Amend/Correct28 Memorandum Opinion and Order,29 Judgment (Kimball, Mark) Related: [-]
30		30 motion Alter Judgment Amend/Correct Fri 10/21 2:13 PM MOTION to Alter Judgment , MOTION to Amend/Correct28 Memorandum Opinion and Order,29 Judgment () filed by Lisa M Bulthaup, Dennis J Chaisson with Brief/Memorandum in Support. (Kimball, Mark) Related: [-]
		Att: 1 Proposed Order
Tuesday, October 11, 2022
29		29 order Judgment Tue 10/11 4:57 PM FINAL JUDGMENT: The Court DISMISSES without prejudice the claims presented and ORDERS the parties to bear their own respective costs. (Ordered by Judge Ed Kinkeade on 10/11/2022) (sxf) Related: [-]
28		28 6 pgs order Memorandum Opinion and Order Tue 10/11 4:53 PM Memorandum Opinion and Order granting13 Motion to Dismiss for Lack of Subject Matter Jurisdiction. (Ordered by Judge Ed Kinkeade on 10/11/2022) (sxf) Related: [-]
Wednesday, October 05, 2022
		order Order on Motion to Stay Wed 10/05 3:12 PM ELECTRONIC ORDER - Before the Court are the United States' Motion to Stay Scheduling Deadlines and for Protective Order (the "Motion"), Doc. No. 22, Plaintiffs' Brief in Opposition to Defendants Motion to Stay Scheduling Deadlines and for Protective Order (the "Response"), Doc. No. 25, and the United States' Reply to Plaintiffs' Response to Motion to Stay Scheduling Deadlines and for Protective Order (the "Reply"), Doc. No. 26. Having considered the Motion, the Response, the Reply, the associated briefs and appendices, and the applicable law, the Court GRANTS the Motion in part, Doc. No. 22. All deadlines are hereby STAYED pending further order of the Court. (Ordered by Judge Ed Kinkeade on 10/5/2022) (chmb) Related: [-]
Monday, September 26, 2022
26		26 respm Reply Mon 09/26 11:35 AM REPLY filed by United States of America re:22 MOTION to Stay Scheduling Deadlines and for Protective Order (Johns, Michelle) Related: [-]
Thursday, September 22, 2022
25		25 respm Response/Objection Thu 09/22 7:45 PM RESPONSE filed by Lisa M Bulthaup, Dennis J Chaisson re:22 MOTION to Stay Scheduling Deadlines and for Protective Order (Kimball, Mark) Related: [-]
		Att: 1 Declaration(s) of Kimball ISO Response,
		Att: 2 Proposed Order Denying Motion to Stay
24		24 respm Response/Objection Thu 09/22 7:38 PM RESPONSE filed by Lisa M Bulthaup, Dennis J Chaisson re:22 MOTION to Stay Scheduling Deadlines and for Protective Order (Kimball, Mark) Related: [-]
Wednesday, September 14, 2022
		order Order Setting Deadline/Hearing Wed 09/14 12:29 PM ELECTRONIC ORDER: Before the Court is the United States' Motion to Stay Scheduling Deadlines and for Protective Order (the "Motion"). Doc. No. 22. Plaintiffs Dennis J. Chaisson and Lisa M. Bulthaup are ORDERED to respond to the Motion by September 23, 2022. Any reply shall be filed by September 28, 2022. (Ordered by Judge Ed Kinkeade on 9/14/2022) (chmb) Related: [-]
Tuesday, September 13, 2022
22		22 motion Stay Tue 09/13 3:28 PM MOTION to Stay Scheduling Deadlines and for Protective Order filed by United States of America (Johns, Michelle) Related: [-]
Monday, August 08, 2022
21		21 adr Designation of Mediator Mon 08/08 1:42 PM Designation of Mediator by United States of America. (Johns, Michelle) Related: [-]
Friday, July 08, 2022
19		19 order Scheduling Order Fri 07/08 6:32 PM SCHEDULING ORDER: Bench Trial set for 4/3/2023 09:00 AM before Judge Ed Kinkeade. Deadline for mediation is on or before 11/30/2022. Joinder of Parties due by 8/31/2022. Amended Pleadings due by 8/31/2022. Discovery due by 11/7/2022. Motions due by 12/7/2022. Pretrial Order due by 3/13/2023. Pretrial Materials due by 3/13/2023. (Ordered by Judge Ed Kinkeade on 7/8/2022) (chmb) Related: [-]
Monday, June 27, 2022
18		18 misc Proposed Scheduling and Discovery Order Mon 06/27 10:33 AM Proposal for contents of scheduling and discovery order Joint Report for Contents of Scheduling Order by Lisa M Bulthaup, Dennis J Chaisson. (Kimball, Mark) Related: [-]
Wednesday, June 22, 2022
17		17 respm Reply Wed 06/22 9:56 AM REPLY filed by United States of America re:13 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction (Johns, Michelle) Related: [-]
Thursday, June 16, 2022
16		16 respm Response/Objection Thu 06/16 11:01 AM RESPONSE filed by Lisa M Bulthaup, Dennis J Chaisson re:13 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim for Which Relief can be Granted filed by United States of America (Kimball, Mark) Modified text on 6/16/2022 (ykp) Related: [-]
Friday, June 10, 2022
15		15 misc Certificate Of Interested Persons/Disclosure Statement Fri 06/10 2:20 PM CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by United States of America. (Clerk QC note: No affiliate entered in ECF). (Johns, Michelle) Related: [-]
Wednesday, June 08, 2022
14		14 6 pgs order Order for Scheduling Order Proposal Wed 06/08 4:13 PM ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 6/8/2022) (chmb) Related: [-]
Thursday, May 26, 2022
13		13 motion Dismiss for Failure to State a Claim Dismiss/Lack of Jurisdiction Thu 05/26 3:03 PM Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction () filed by United States of AmericaAttorney Michelle C Johns added to party United States of America(pty:dft) (Johns, Michelle) Related: [-]
		Att: 1 Brief,
		Att: 2 Declaration(s)
Thursday, April 14, 2022
12		12 service Summons Returned Thu 04/14 4:39 PM SUMMONS Returned Executed. (Kimball, Mark) Related: [-]
11		11 service Summons Returned Thu 04/14 4:35 PM SUMMONS Returned Executed. (Kimball, Mark) Related: [-]
10		10 service Summons Returned Thu 04/14 4:31 PM SUMMONS Returned Executed as to United States of America ; served on 3/25/2022. (Kimball, Mark) Related: [-]
Tuesday, March 22, 2022
9		9 order Order on Motion for Miscellaneous Relief Tue 03/22 4:06 PM Before the Court is Plaintiffs' Motion to Proceed Without Local Counsel Pursuant to N.D. Tex. Local Rules 83.1 and 83.10 (the "Motion") (Doc. No. 6). Having carefully considered the Motion along with the associated brief and appendix, the Court GRANTS the Motion. However, Plaintiffs are advised that they may later be required to retain local counsel if the Court deems it necessary. (Ordered by Judge Ed Kinkeade on 3/22/2022) (chmb) Related: [-]
Thursday, March 10, 2022
8		8 respm Appendix in Support Thu 03/10 4:49 PM Appendix in Support filed by Lisa M Bulthaup, Dennis J Chaisson re6 MOTION Proceed Without Local Counsel,7 Brief/Memorandum in Support of Motion (Kimball, Mark) Related: [-]
		Att: 1 Declaration(s) of M.Kimball
7		7 respm Brief/Memorandum In Support Thu 03/10 4:44 PM Brief/Memorandum in Support filed by Lisa M Bulthaup, Dennis J Chaisson re6 MOTION Proceed Without Local Counsel (Kimball, Mark) Related: [-]
6		6 motion Miscellaneous Relief Thu 03/10 4:41 PM MOTION Proceed Without Local Counsel filed by Lisa M Bulthaup, Dennis J Chaisson with Brief/Memorandum in Support. (Kimball, Mark) Related: [-]
		Att: 1 Proposed Order
5		5 sealex Sealed and/or Ex Parte Document Thu 03/10 4:03 PM (Document Restricted) Sealed Attorney Contact Information (Sealed pursuant to SO 19-1, statute, or rule) filed by Lisa M Bulthaup, Dennis J Chaisson (Kimball, Mark) Related: [-]
		Att: 1 Exhibit(s) Attorney Contact Information
Tuesday, March 08, 2022
4		4 order Order Tue 03/08 9:55 AM ELECTRONIC ORDER: Local Rule 83.10(a) requires the appearance of local counsel where counsel of record for a party does not reside in this district. Accordingly, within twenty days of this date, plaintiffs Dennis J. Chaisson and Lisa M. Bulthaup, shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a). Failure to do so may result in dismissal of this case without prejudice and without further notice. (Ordered by Judge Ed Kinkeade on 3/8/2022) (chmb) Related: [-]
3		3 service Summons Issued Tue 03/08 9:43 AM Summons issued as to United States of America, U.S. Attorney, and U.S. Attorney General. (jmg) Related: [-]
Monday, March 07, 2022
2		2 qcref Kinkeade Tue 03/08 9:42 AM New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (jmg) Related: [-]
1		1 cmp Complaint Mon 03/07 8:05 PM COMPLAINT against United States of America filed by Lisa M Bulthaup, Dennis J Chaisson. (Filing fee $402; Receipt number 0539-12650183) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the[LINK:Judges Copy Requirements] and[LINK:Judge Specific Requirements] is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Kimball, Mark) Related: [-]
		Att: 1 Cover Sheet,
		Att: 2 Cert. of Interested Persons
		misc Certificate Of Interested Persons/Disclosure Statement Tue 03/08 9:39 AM CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Lisa M Bulthaup, Dennis J Chaisson. (See document1 - 2 for image.) (jmg) Related: [-]

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