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13-5867 - Shiner v. Turnoy


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13-5867 - Shiner v. Turnoy
April 14, 2014
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MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 4/14/2014. Mailed notice by judge's staff. (srb,)
July 11, 2014
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MEMORANDUM Opinion and Order. There are thus a host of reasons to compel the conclusion that Turnoy violated Section 7434 by willfully filing a false information return when he filed a 1099 reflecting that he had paid $149,059.91 to Shiner in 2012 when payment had not in fact been made and when he had no good-faith basis to believe that it had. Accordingly Shiner's motion for summary judgment 21 is granted, while Turnoy's corresponding motion 24 is denied. Because Turnoy should not have filed any 1099 at all involving Shiner for the year 2012, it is necessary to discuss the procedure and timing for quantifying Shiner's recovery of damages that he suffered as a proximate result of Turnoy's filing of the fraudulent 1099. For that purpose a status hearing is set for 8:45 a.m. July 25, 2014. Signed by the Honorable Milton I. Shadur on 7/11/2014. Mailed notice(tlp, )
August 11, 2014
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MEMORANDUM Opinion and Order. Accordingly, in the exercise of judicial discretion that Congress has conferred in Section 7434(b)(3), Turnoy is ordered to pay to Shiner the requested sum of $16,314.90. This is the final judgment in this action. Signed by the Honorable Milton I. Shadur on 8/11/2014. Mailed notice(tlp, )
May 15, 2017
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MEMORANDUM Order: For the reasons stated in the accompanying Memorandum Order, this Court grants summary judgment in favor of Defendant and against Plaintiff. This matter is dismissed with prejudice. Civil case terminated. Signed by the Honorable Milton I. Shadur on 5/15/2017. Mailed notice(ep, )