Prestige Default Services, LLC v. Ivory et al
| Texas Western District Court | |
| Judge: | Robert Pitman |
| Case #: | 1:23-cv-01097 |
| Nature of Suit | 870 Federal Tax Suits - Taxes (U.S. Plaintiff or Defendant) |
| Cause | 28:1441 Petition for Removal- Contract Dispute |
| Case Filed: | Sep 13, 2023 |
| Terminated: | Aug 20, 2024 |
| Case in other court: | Travis County, Texas 459th District Court, D-1-GN-22-007369 |
| Last checked: Monday Mar 11, 2024 3:48 AM CDT |
|
Defendant
Edward Butler
|
Represented By
|
|
Defendant
Robin Butler
|
Represented By
|
|
Defendant
Department of Treasury Internal Revenue Service
|
Represented By
|
|
Defendant
George Kenneth Ivory
|
|
|
Defendant
Office of the Attorney General of Texas
|
Represented By
|
| TERMINATED PARTIES | |
|
Plaintiff
Prestige Default Services, LLC
Terminated: 02/09/2024
|
Represented By
|
GPO
Jul 09 2024
REPORT AND RECOMMENDATIONS re 13 Motion for Summary Judgment filed by Department of Treasury Internal Revenue Service. Signed by Judge Mark Lane. (pg) |
|
|
GPO
Aug 14 2024
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 29 Report and Recommendations. The Court ORDERS that the report and recommendation of United StatesMagistrate Judge Mark Lane, (Dkt. 29), is ADOPTED. IT IS FURTHER ORDERED that IRSs motion for summary judgment, (Dkt. 13), isGRANTED. IT IS ORDERED that the IRS shall file a notice on or before August 21, 2024, including the name and address of the appropriate account or recipient for disbursement. The Court will enter final judgment and disbursement of funds by separate order following submission of the notice by the IRS. Signed by Judge Robert Pitman. (pg) |
| Docket last updated: 04/25/2025 11:59 PM CDT |
| Tuesday, August 20, 2024 | ||
| 34 | 34
order
Judgment ~Util - Copy to Financial Deputy
Tue 08/20 4:16 PM
FINAL JUDGMENT ( Copy routed to Divisional Financial Deputy ). Signed by Judge Robert Pitman. (pg) |
|
| Friday, August 16, 2024 | ||
| 33 | 33
notice
Notice
Fri 08/16 1:47 PM
NOTICE OF APPROPRIATE RECIPIENT FOR DISPURSMENT OF FUNDS by Department of Treasury Internal Revenue Service re32 Order Adopting/Rejecting Report and Recommendations,,, Terminate Motions,, (Mendoza, Eduardo) |
|
| Wednesday, August 14, 2024 | ||
| 32 | 32
2
pgs
order
Order Adopting/Rejecting Report and Recommendations ~Util - Terminate Motions
Wed 08/14 3:56 PM
ORDER ADOPTING REPORT AND RECOMMENDATIONS for29 Report and Recommendations. The Court ORDERS that the report and recommendation of United StatesMagistrate Judge Mark Lane, (Dkt.29 ), is ADOPTED. IT IS FURTHER ORDERED that IRSs motion for summary judgment, (Dkt. 13), isGRANTED. IT IS ORDERED that the IRS shall file a notice on or before August 21, 2024, including the name and address of the appropriate account or recipient for disbursement. The Court will enter final judgment and disbursement of funds by separate order following submission of the notice by the IRS. Signed by Judge Robert Pitman. (pg) |
|
| Monday, August 05, 2024 | ||
| 31 | 31
misc
Response
Mon 08/05 10:33 AM
RESPONSE to30 Objection to Report and Recommendations by Department of Treasury Internal Revenue Service. (Mendoza, Eduardo) |
|
| Tuesday, July 23, 2024 | ||
| 30 | 30
respoth
Objection to Report and Recommendations
Tue 07/23 9:24 PM
OBJECTION to29 Report and Recommendations of the United States Magistrate Judge by Office of the Attorney General of Texas..(Saarinen, Lynn) |
|
|
Att: 1
Exhibit Declaration of Lynn E. Saarinen
|
||
| Tuesday, July 09, 2024 | ||
| 29 | 29
misc
Report and Recommendations
Tue 07/09 2:31 PM
REPORT AND RECOMMENDATIONS re13 Motion for Summary Judgment filed by Department of Treasury Internal Revenue Service. Signed by Judge Mark Lane. (pg) |
|
|
utility
Motions No Longer Referred
Tue 07/09 2:33 PM
Motions No Longer Referred:13 MOTION for Summary Judgment United States of America's Motion for Summary Judgment Determining Lien Priority in the Excess Proceeds From the Sale of Defendant Kenneth Ivory's Homestead. (pg) |
||
| Monday, April 08, 2024 | ||
| 28 | 28
respm
Surreply to Motion
Mon 04/08 9:08 AM
Sur-reply to Motion, filed by Office of the Attorney General of Texas, re13 MOTION for Summary Judgment United States of America's Motion for Summary Judgment Determining Lien Priority in the Excess Proceeds From the Sale of Defendant Kenneth Ivory's Homestead filed by Defendant Department of Treasury Internal Revenue Service (Saarinen, Lynn) |
|
| Wednesday, April 03, 2024 | ||
|
order
Order on Motion for Leave to File
Wed 04/03 9:31 AM
Text Order GRANTING24 Motion for Leave to File as unopposed entered by Judge Mark Lane. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ah) |
||
| Monday, April 01, 2024 | ||
|
order
Order on Motion for Summary Judgment
Mon 04/01 12:00 PM
Text Order REFERRING13 Motion for Summary Judgment entered by Judge Robert Pitman. IT IS ORDERED that the United States of America's Motion for Summary Judgment, (Dkt. 13), is REFERRED to United States Magistrate Judge Mark Lane for a report and recommendation pursuant to 28 U.S.C. § 636(b)(1)(B), Federal Rule of Civil Procedure 72, and Rule 1(d) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc) |
||
|
order
Order on Motion for Leave to File
Mon 04/01 12:01 PM
Text Order REFERRING24 Motion for Leave to File entered by Judge Robert Pitman. IT IS ORDERED that the Office of the Attorney General's Motion for Leave to File a Surreply, (Dkt. 24), is REFERRED to United States Magistrate Judge Mark Lane for disposition pursuant to 28 U.S.C. § 636(b)(1)(A), Federal Rule of Civil Procedure 72, and Rule 1(c) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas (This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc) |
||
|
utility
Motions Referred
Tue 04/02 4:42 PM
MOTIONS REFERRED: referred13 MOTION for Summary Judgment United States of America's Motion for Summary Judgment Determining Lien Priority in the Excess Proceeds From the Sale of Defendant Kenneth Ivory's Homestead,24 MOTION for Leave to File Office of the Attorney General of Texas's Motion for Leave to File Surreply. Referral Judge: Mark Lane. (pg) |
||
| Tuesday, March 05, 2024 | ||
| 27 | 27
utility
Interpleader Deposit Received (28 U.S.C. Section 1335)
Thu 03/07 4:07 PM
Interpleader Deposit Received (28 U.S.C. Section 1335) in the amount of $232,725.13 (so) |
|
| Friday, February 09, 2024 | ||
| 26 | 26
2
pgs
order
Order ~Util - Terminate Motions ~Util - Terminate Parties ~Util - Copy to Financial Deputy
Fri 02/09 2:07 PM
ORDER ON INTERPLEADER-PLAINTIFF PRESTIGE DEFAULT SERVICES, LLC IN ITS CAPACITY AS SUBSTITUTE TRUSTEE FOR PLANT HOME LENDING LLC'S21 MOTION to Deposit Funds (Copy routed to Divisional Financial Deputy). Signed by Judge Robert Pitman. (pg) |
|
|
order
Order on Motion to Substitute Attorney
Fri 02/09 8:49 AM
Text Order GRANTING25 Unopposed Motion to Substitute Attorney entered by Judge Robert Pitman. IT IS ORDERED that Eduardo R. Mendoza is substituted for Thomas M. Herrin as counsel of record for the United States. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc) |
||
| Thursday, February 08, 2024 | ||
| 25 | 25
motion
Substitute Attorney
Thu 02/08 6:07 PM
Unopposed MOTION to Substitute Attorney by Department of Treasury Internal Revenue Service.(Mendoza, Eduardo) |
|
|
Att: 1
Proposed Order
|
||
| Wednesday, February 07, 2024 | ||
| 24 | 24
motion
Leave to File Document
Wed 02/07 6:55 PM
MOTION for Leave to File Office of the Attorney General of Texas's Motion for Leave to File Surreply by Office of the Attorney General of Texas.(Saarinen, Lynn) |
|
|
Att: 1
Exhibit Exhibit A- Surreply,
|
||
|
Att: 2
Exhibit Exhibit 1 Declaration of Lynn,
|
||
|
Att: 3
Exhibit Exhibit 2 Travs CAD Property Records,
|
||
|
Att: 4
Exhibit Exhibit 3 - Bankruptcy Petition,
|
||
|
Att: 5
Proposed Order Proposed Order Granting OAG's Mtn for Leave to File Surreply
|
||
| Wednesday, January 31, 2024 | ||
| 23 | 23
respm
Response in Opposition to Motion
Wed 01/31 12:20 PM
Response in Opposition to Motion, filed by Department of Treasury Internal Revenue Service, re21 MOTION to Deposit Funds filed by Plaintiff Prestige Default Services, LLC (USA Response in Partial Opposition to Motion to Deposit Funds) (Herrin, Thomas) |
|
| 22 | 22
respm
Reply to Response to Motion
Wed 01/31 11:05 AM
REPLY to Response to Motion, filed by Department of Treasury Internal Revenue Service, re13 MOTION for Summary Judgment United States of America's Motion for Summary Judgment Determining Lien Priority in the Excess Proceeds From the Sale of Defendant Kenneth Ivory's Homestead filed by Defendant Department of Treasury Internal Revenue Service (USA Reply to Response filed by Attorney General to USA Motion for Summary Judgment)(Herrin, Thomas) |
|
|
Att: 1
Exhibit
|
||
| 21 | 21
motion
Deposit Funds
Wed 01/31 7:18 AM
MOTION to Deposit Funds by Prestige Default Services, LLC.(Scherer, George) |
|
|
Att: 1
Proposed Order
|
||
| Friday, January 26, 2024 | ||
| 20 | 20
respm
Response in Opposition to Motion
Fri 01/26 5:26 PM
Response in Opposition to Motion, filed by Office of the Attorney General of Texas, re13 MOTION for Summary Judgment United States of America's Motion for Summary Judgment Determining Lien Priority in the Excess Proceeds From the Sale of Defendant Kenneth Ivory's Homestead filed by Defendant Department of Treasury Internal Revenue Service(Saarinen, Lynn) |
|
|
Att: 1
Proposed Order
|
||
| Saturday, December 23, 2023 | ||
|
order
Order on Motion for Extension of Time to File Response/Reply
Sat 12/23 12:31 PM
Text Order GRANTING19 Unopposed Motion for Extension of Time to File Response entered by Judge Robert Pitman. IT IS ORDERED that OAG's response to the IRS's Motion for Summary Judgment shall be due on or before January 26, 2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc) |
||
| Thursday, December 21, 2023 | ||
| 19 | 19
motion
Extension of Time to File Response/Reply
Thu 12/21 6:10 PM
MOTION for Extension of Time to File Response/Reply as to13 MOTION for Summary Judgment United States of America's Motion for Summary Judgment Determining Lien Priority in the Excess Proceeds From the Sale of Defendant Kenneth Ivory's Homestead by Office of the Attorney General of Texas.(Saarinen, Lynn) |
|
|
Att: 1
Proposed Order
|
||
|
order
Order on Motion to Stay
Thu 12/21 9:17 AM
Text Order GRANTING18 Unopposed Motion to Stay entered by Judge Robert Pitman. The requirement to file a Joint Proposed Scheduling Order is STAYED pending a ruling on the United States' Motion for Summary Judgment. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc) |
||
| Wednesday, December 13, 2023 | ||
| 18 | 18
motion
Stay
Wed 12/13 3:49 PM
MOTION to Stay United States' Motion to Stay Requirement to File a Proposed Scheduling Order by Department of Treasury Internal Revenue Service.(Herrin, Thomas) |
|
|
Att: 1
Proposed Order
|
||
| Tuesday, December 12, 2023 | ||
| 17 | 17
1
pgs
order
Order for Scheduling Recommendations/Proposed Sched Order
Tue 12/12 2:39 PM
Order for Proposed Scheduling Order. Scheduling recommendations/proposed scheduling order due to the Court within sixty (60) days after the appearance of any defendant. Proposed Scheduling Order due by 12/29/2023. Signed by Judge Mark Lane. (pg) |
|
| Monday, December 11, 2023 | ||
|
order
Order on Motion to Substitute Attorney Order on Motion to Withdraw as Attorney
Mon 12/11 8:59 AM
Text Order GRANTING16 Motion to Substitute Attorney entered by Judge Robert Pitman. IT IS ORDERED that Jennie L. Hilbig is WITHDRAWN as counsel for Defendant. IT IS FURTHER ORDERED that attorney Lynn E. Saarinen is SUBSTITUTED as attorney-in-charge on behalf of Defendant. The parties are encouraged to include certificates of conference on all case management motions, including motions to withdraw. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc) |
||
| Friday, December 01, 2023 | ||
| 16 | 16
motion
Substitute Attorney Withdraw As Attorney
Fri 12/01 4:03 PM
MOTION to Substitute Attorney Lynn E. Saarinen , MOTION to Withdraw as Attorney Jennie L. Hilbig by Office of the Attorney General of Texas.(Saarinen, Lynn) |
|
|
Att: 1
Proposed Order
|
||
| Tuesday, November 21, 2023 | ||
| 15 | 15
respm
Reply to Response to Motion
Tue 11/21 10:51 AM
REPLY to Response to Motion, filed by Department of Treasury Internal Revenue Service, re13 MOTION for Summary Judgment United States of America's Motion for Summary Judgment Determining Lien Priority in the Excess Proceeds From the Sale of Defendant Kenneth Ivory's Homestead filed by Defendant Department of Treasury Internal Revenue Service United States of America's Reply to the Response Filed by Interpleader-Plaintiff Prestige Default Services, LLC, to the United States' Motion for Summary Judgment Determining Lien Priority in the Excess Proceeds From the Sale of Defendant Kenneth Ivory's Homestead (Herrin, Thomas) |
|
| Thursday, November 16, 2023 | ||
| 14 | 14
respm
Response to Motion
Thu 11/16 3:10 PM
RESPONSE to Motion, filed by Prestige Default Services, LLC, re13 MOTION for Summary Judgment United States of America's Motion for Summary Judgment Determining Lien Priority in the Excess Proceeds From the Sale of Defendant Kenneth Ivory's Homestead filed by Defendant Department of Treasury Internal Revenue Service (Scherer, George) |
|
| Thursday, November 02, 2023 | ||
| 13 | 13
motion
Summary Judgment
Thu 11/02 3:14 PM
MOTION for Summary Judgment United States of America's Motion for Summary Judgment Determining Lien Priority in the Excess Proceeds From the Sale of Defendant Kenneth Ivory's Homestead by Department of Treasury Internal Revenue Service.(Herrin, Thomas) |
|
|
Att: 1
Exhibit 1 - Ivory Warranty Deed,
|
||
|
Att: 2
Exhibit 2 - Deed of Trust dated April 3, 2007,
|
||
|
Att: 3
Exhibit 3 - Butler Abstract of Judgment filed July 8, 2013,
|
||
|
Att: 4
Exhibit 4 - K. McGuire Declaration,
|
||
|
Att: 5
Exhibit 5 - Ivory 2007 acct trans,
|
||
|
Att: 6
Exhibit 6 - Ivory 2008 acct trans,
|
||
|
Att: 7
Exhibit 7 - Ivory 2009 acct trans,
|
||
|
Att: 8
Exhibit 8 - Ivory 2010 acct trans,
|
||
|
Att: 9
Exhibit 9 - Ivory 2011 acct trans,
|
||
|
Att: 10
Exhibit 10 - Ivory 2013 acct trans,
|
||
|
Att: 11
Exhibit 11 - Ivory 2014 acct trans,
|
||
|
Att: 12
Exhibit 12 - Ivory 2015 acct trans,
|
||
|
Att: 13
Exhibit 13 - Ivory 2016 acct trans,
|
||
|
Att: 14
Exhibit 14 - tax lien filed 10 30-2017
|
||
|
Att: 15
Exhibit 15 - tax lien filed 12_19_2017,
|
||
|
Att: 16
Exhibit 16 - Atty Gen Abstract of Judgment filed August 28, 2018,
|
||
|
Att: 17
Proposed Order
|
||
| Friday, October 27, 2023 | ||
|
order
Order on Motion to Substitute Attorney
Fri 10/27 9:10 AM
Text Order GRANTING12 Motion to Substitute Attorney entered by Judge Robert Pitman. IT IS ORDERED that Thomas M. Herrin is substituted for Joseph S. OBrien as counsel of record for the United States. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc) |
||
| Thursday, October 26, 2023 | ||
| 12 | 12
motion
Substitute Attorney
Thu 10/26 10:33 AM
MOTION to Substitute Attorney Thomas M. Herrin in place of Joseph S. O'Brien by Department of Treasury Internal Revenue Service.(O'Brien, Joseph) |
|
|
Att: 1
Proposed Order
|
||
| Wednesday, October 18, 2023 | ||
|
order
Order on Motion to Substitute Attorney
Wed 10/18 9:05 AM
Text Order GRANTING9 Motion to Substitute Attorney entered by Judge Robert Pitman. IT IS ORDERED that Jennine Hovell-Cox is WITHDRAWN as attorney of record for Plaintiff. IT IS FURTHER ORDERED that George Scherer shall be noted as attorney of record for Plaintiff. The parties are encouraged to include certificates of conference on all non-dispositive motions. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc) |
||
| Friday, October 13, 2023 | ||
| 11 | 11
respoth
Answer to Complaint (Notice of Removal)
Fri 10/13 12:12 PM
ANSWER to Complaint (Notice of Removal) by Office of the Attorney General of Texas. (Hilbig, Jennie) |
|
| Thursday, October 12, 2023 | ||
| 10 | 10
answer
Answer to Complaint
Thu 10/12 11:34 AM
ANSWER to Complaint by Department of Treasury Internal Revenue Service.(O'Brien, Joseph) |
|
| Tuesday, October 10, 2023 | ||
| 9 | 9
motion
Substitute Attorney
Tue 10/10 10:59 AM
MOTION to Substitute Attorney by Prestige Default Services, LLC.(Scherer, George) |
|
|
Att: 1
Proposed Order
|
||
| Monday, October 02, 2023 | ||
|
order
Order on Motion for Extension of Time to File Response/Reply
Mon 10/02 8:37 AM
Text Order GRANTING8 Motion for Extension of Time entered by Judge Robert Pitman. IT IS ORDERED that the OAG Defendant's deadline to respond to Plaintiff's complaint shall be October 13, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc) |
||
|
utility
Set/Reset Answer Deadline
Mon 10/02 11:47 AM
Reset Deadlines: Office of the Attorney General of Texas answer due 10/13/2023. (pg) |
||
| Friday, September 29, 2023 | ||
| 8 | 8
motion
Extension of Time to File Response/Reply
Fri 09/29 4:12 PM
Unopposed MOTION for Extension of Time to File Response/Reply as to4 Supplement,1 Notice of Removal,, by Office of the Attorney General of Texas. (Hilbig, Jennie) |
|
| 7 | 7
notice
Notice of Attorney Appearance
Fri 09/29 4:06 PM
NOTICE of Attorney Appearance by Jennie Lynn Hilbig on behalf of Office of the Attorney General of Texas. Attorney Jennie Lynn Hilbig added to party Office of the Attorney General of Texas(pty:dft) (Hilbig, Jennie) |
|
| Thursday, September 21, 2023 | ||
|
order
Order on Motion for Extension of Time to Answer
Thu 09/21 8:28 AM
Text Order GRANTING6 Unopposed Motion for Extension of Time to Answer entered by Judge Robert Pitman. IT IS ORDERED that the United States has until October 13, 2023 to answer or otherwise respond to the Interpleader Petition. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc) |
||
|
utility
Set/Reset Answer Deadline
Thu 09/21 10:50 AM
Set/Reset Deadlines: Department of Treasury Internal Revenue Service answer due 10/13/2023. (jv2) |
||
| Wednesday, September 20, 2023 | ||
| 6 | 6
motion
Extension of Time to File Answer
Wed 09/20 3:21 PM
MOTION for Extension of Time to File Answer by Department of Treasury Internal Revenue Service.(O'Brien, Joseph) |
|
|
Att: 1
Proposed Order
|
||
| Monday, September 18, 2023 | ||
| 5 | 5
service
Certificate of Service
Mon 09/18 11:49 AM
CERTIFICATE OF SERVICE by Department of Treasury Internal Revenue Service AMENDED 1 Notice of Removal,, (O'Brien, Joseph) |
|
| 4 | 4
misc
Supplement to
Mon 09/18 9:37 AM
SUPPLEMENT to1 Notice of Removal,, Civil Cover Sheet by Department of Treasury Internal Revenue Service. (O'Brien, Joseph) |
|
| Friday, September 15, 2023 | ||
| 3 | 3
notice
Deficiency Notice
Fri 09/15 2:18 PM
DEFICIENCY NOTICE: re 1 Notice of Removal, the Notice of Removal you filed is deficient for two reasons: You failed to attach the Supplement to the Civil Cover Sheet. This form can be located on our website. Please prepare and electronically submit the supplement using Civil Events - Other Filings - Other Documents - Supplement. This form is required for any Notice of Removal filed in the Western District of Texas. Also, your Certificate of Service does not indicate means of service on attorneys for plaintiff, who at the time of filing the Notice of Removal had not been added to the docket and therefore has not been served via CM/ECF. Please file an Amended Certificate of Service as a SEPARATE PLEADING. Use the "Certificate of Service" event under the "Service of Process" menu. State means of service to counsel. (cr5) |
|
| 2 | 2
2
pgs
order
Order
Fri 09/15 2:12 PM
ORDER that the removing party, if it has not already done so, shall within ten (10) days from the date of this order supplement the record with state court pleadings. Signed by Judge Robert Pitman. (cr5) |
|
| Wednesday, September 13, 2023 | ||
| 1 | 1
notice
Notice of Removal
Wed 09/13 4:14 PM
NOTICE OF REMOVAL by Department of Treasury Internal Revenue Service (Filing fee $402), filed by Department of Treasury Internal Revenue Service.(O'Brien, Joseph) |
|
|
Att: 1
Civil Cover Sheet,
|
||
|
Att: 2
Supplement,
|
||
|
Att: 3
Exhibit A,
|
||
|
Att: 4
Exhibit B,
|
||
|
Att: 5
Exhibit C,
|
||
|
Att: 6
Exhibit D,
|
||
|
Att: 7
Exhibit E,
|
||
|
Att: 8
Exhibit F,
|
||
|
Att: 9
Exhibit G,
|
||
|
Att: 10
Exhibit H,
|
||
|
Att: 11
Exhibit I,
|
||
|
Att: 12
Exhibit J,
|
||
|
Att: 13
Exhibit K,
|
||
|
Att: 14
Exhibit L
|
||
|
utility
Case Assigned/Reassigned
Fri 09/15 1:59 PM
Case assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cr5) |
||
|
misc
To be Referred to AU Mag Judge
Fri 09/15 1:59 PM
If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Lane. (cr5) |
||