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07-083 - United States of America v. Buaiz et al


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07-083 - United States of America v. Buaiz et al
July 18, 2007
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ORDER REASSIGNING CASE pursuant to LR 3.2(d)(3) whereby cases related to cases already assigned to a District Judge shall be assigned or transferred to the Judge assigned to the previously filed case. Therefore, Civil Action No. 3:07-cv-83 should be reassigned to Judge Thomas W Phillips and C Clifford Shirley, who were previously assigned to Civil Action No. 3:07-cv-56, in the interest of judicial economy, for all further proceedings. Judge Thomas A Varlan and Magistrate Judge H Bruce Guyton are no longer assigned to the case. Signed by Judge C Clifford Shirley on July 18, 2007. (AYB)
October 23, 2007
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MEMORANDUM and ORDER granting defendants' Motions 6 7 8 for extension of time to answer the complaint; motions 13 and 14 of defendants BonnieBuaiz and Merl Alan Crumpley to join in Mr. Buaizs motion to dismiss are hereby GRANTED; and denying defendant Jospeh A Buaiz's 12 Motion to Dismiss for lack of subject matterjurisdiction and for failure to state a claim upon which relief. To the extent that defendants seek dismissal for insufficiency of service of process on the Golden Light Ministry, that motion is STAYED pending oral argument. The Clerk is DIRECTED to set the matter for oral argument. Signed by Judge Thomas W Phillips on 10/23/07.Signed by Judge Thomas W Phillips on 10/23/07. (ADA)
November 9, 2007
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MEMORANDUM and ORDER denying - 20 MOTION to Certify for appeal and to Stay proceedings; 21 MOTION for Joinder in 20 MOTION to Certify for appeal and to Stay proceedings, and 22 MOTION for Joinder in 20 MOTION to Certify for appeal and to Stay proceedings. Signed by Judge Thomas W Phillips on 11/9/07. (ADA)
November 15, 2007
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MEMORANDUM and ORDER; this matter was set for hearing on November 13, 2007.Each of the defendants failed to appear. Defendants having failed to appear and good cause not being shown, defendants motion to dismiss is hereby DENIED. The Clerk is DIRECTED to set this case for trial and for a scheduling order at the earliest available dates. Signed by Judge Thomas W Phillips on 11/15/07. (ADA)
April 8, 2008
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Judge C Clifford Shirley on April 8, 2008. (AYB)ORDER that the defendants shall respond to the pending discovery requests on or before April 21, 2008. The Court further orders that the Scheduling Order in this matter be amended to reflect a discovery deadline of May 21, 2008. Signed by Magistrate
September 18, 2008
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ORDER denying 33 plaintiff's Motion for Summary Judgment; dismissing Counts I and II of the Complaint; finding as moot 38 plaintiff's Motion for Ruling on the Motion for Summary Judgment. Finally, to enforce the judgment entered in its favor in the prior litigation, the government is instructed to comply with the requirements of 28 U.S.C. § 1963. Signed by District Judge Thomas W Phillips on September 18, 2008. (copy mailed to pro se defendants) (AYB)
November 20, 2008
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ORDER granting plaintiff's 43 Motion to Compel. Accordingly, Defendant Bonnie Buaiz and Defendant Joseph Buaiz is ordered to serve written responses tothe United States' written discovery requests, which either invoke his and her Fifth Amendment privilege against self-incrimination with sufficient specificity or supply appropriate substantive answers, on or before December 13, 2008. Signed by Magistrate Judge C Clifford Shirley on 11/19/08. A copy of this order has been sent via U.S. Mail to Merl Alan Crumpley, Bonnie Buaiz, and Joseph Buaiz. (MGM)
December 11, 2008
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ORDER denying 52 defendants Joseph A. Buaiz, Jr. and Bonnie S. Buaiz's Motion for Judgment on the Pleadings. Signed by District Judge Thomas W Phillips on December 11, 2008. (copies mailed to pro se defendants) (AYB)
March 31, 2010
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ORDER denying 62 defendants' Motion to Dismiss the amended complaint. Signed by District Judge Thomas W Phillips on March 31, 2010. (copies mailed to pro se defendants) (AYB)
September 3, 2010
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ORDER granting in part and denying in part 66 the United States's Motion for Summary Judgment. The Court makes the following rulings: the Court has subject matter jurisdiction in this case; the United Statess claims are not barred by the doctrine of claim preclusion; the Golden Light Ministry was Joseph Buaiz's alter ego; the federal tax lien filed on July 31, 1997 attached to Joseph Buaiz's "property" and "rights to property," which includes any property interest he has in the Rocky Springs Property; the parties are ORDERED to brief the Court on: (1) what type of property interests Joseph Buaiz and Bonnie Buaiz (now her heirs ) had, and/or currently have, in the Rocky Springs Property; (2) what type of future property interest, if any, Joseph Buaiz has in the Rocky Springs Property; and (3) what effect, if any, Bonnie Buaiz's death has on the United States's ability to foreclose upon the Rocky Springs Property. The briefs are due by NOVEMBER 29, 2010. Assuming that Joseph Buaiz has a property interest in the Rocky Springs Property, the parties are ORDERED to brief the Court, in applying the factors set forth in United States v. Rodgers, 461 U.S. 677, 710-11 (1983), as to whether the Rocky Springs Property should be sold in a foreclosure sale pursuant to 26 U.S.C. § 7403(c). The briefs are due by NOVEMBER 29, 2010. The United States's Motion to Substitute 79 is GRANTED, whereby Jill Susan Harbin, Joseph Anthony Buaiz, III, and Bethany Sue Buaiz SHALL BE SUBSTITUTED AS DEFENDANTS. In addition, Bonnie Buaiz is HEREBY REMOVED AS A DEFENDANT. Finally, because the only remaining issue in this case involves whether a foreclosure sale is appropriate, the final pretrial conference date of September 28, 2010, and the trial date of October 5, 2010, ARE HEREBY CANCELED. Signed by District Judge Thomas W Phillips on September 3, 2010. (copy mailed to pro se defendants) (AYB)
August 16, 2011
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ORDER denying 85 86 defendants Joseph Buaiz III's and Bethany Buaiz's Motions to Dismiss. The United States is hereby AUTHORIZED to sell the real property in a foreclosure sale pursuant to 26 U.S.C. § 7403(c). This is the real property located at 1795 Rocky Springs Road, Bean Station, Grainger County, Tennessee. The Rocky Springs Property shall be sold by an officer of the Court with proceeds first being applied to costs of sale and thereafter to the United States in satisfaction to the tax liabilities of Joseph Buaiz. The remaining proceeds of the sale shall then be divided to the innocent third-parties, based upon their interests in the real property, as previously set forth in this Memorandum and Order. In addition, the United States is INSTRUCTED to file a proposed foreclosure order, consistent with this Memorandum and Order, that includes updated tax liability figures for Joseph Buaiz. Signed by District Judge Thomas W Phillips on August 16, 2011. (mailed to pro se defendants) (AYB)
September 8, 2011
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ORDER of SALE regarding the real property commonly known as 1795 Rocky Springs Road, Bean Station, Tennessee, as set forth more fully in this Order. Signed by District Judge Thomas W Phillips on September 8, 2011. (copies mailed to pro se defendants and certified copy forwarded to USMS) (AYB)