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16-126 - United States of America v. Cabelka


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16-126 - United States of America v. Cabelka
February 24, 2017
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The undersigned RECOMMENDS that Judge O'Connor GRANT in part and DENY in part as moot Logsdon Farms, Inc., Chad Logsdon, and Billy Logsdon's Motion to Dismiss (ECF No. 11), GRANT in part and DENY in part as moot Amanda Slate's Motion to Dismiss (ECF No. 24), and dismiss Cabelka's claims against the Logsdons and Slate without prejudice. The undersigned further RECOMMENDS that Judge O'Connor DENY Rebecca Cabelka Thorpe's Motion to Dismiss (ECF No. 29). (Ordered by Magistrate Judge Hal R. Ray, Jr on 2/24/2017) (plp)
March 24, 2017
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Order Accepting Findings, Conclusions, and Recommendations re: 24 Motion to Dismiss filed by Amanda Slate, 11 Motion to Dismiss/Lack of Jurisdiction, filed by Billy Logsdon, Logsdon Farms, Inc., Chad Logsdon, 29 Motion to Dismiss filed by Rebecca Cabelka Tho. It is ORDERED that Logsdon Farms, Inc., Chad Logsdon, and Billy Logsdon's Motion to Dismiss (ECF No. 11) is GRANTED in part and DENIED in part as moot, Amanda Slate' Motion to Dismiss (ECF No. 24) is GRANTED in part and DENIED in part as moot, and Defendant Larry Cabelka's claims against Logsdon Farms, Inc., Chad Logsdon, Billy Logsdon, and Amanda Slate are DISMISSED without prejudice. It is further ORDERED that Rebecca Cabelka Thorpe's Motion to Dismiss (ECF No. 29) is DENIED. The Clerk of Court is ordered to correct Larry Cabelka's designation in this case to reflect his party status as both the defendant and third-party plaintiff, instead of cross claimant, and correct Rebecca Cabelka Thorpe's designation to reflect her party status as a third-party defendant instead of a cross defendant. (Ordered by Judge Reed C. O'Connor on 3/24/2017) (ewd)
December 13, 2017
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: For the foregoing reasons, the undersigned RECOMMENDS that Judge O'Connor GRANT in part and DENY in part as moot the Price Defendants' Motion to Dismiss (ECF No. 179). (Ordered by Magistrate Judge Hal R. Ray, Jr on 12/13/2017) (skg)
December 21, 2017
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: For the foregoing reasons, the undersigned RECOMMENDS that Judge O'Connor GRANT in part and DENY in part as moot Jared and Bonnie Cabelka's Motion to Dismiss without prejudice (ECF No. 182). Judge O'Connor should GRANT the Motion to Dismiss under Rule 12(b)(5), or, alternatively, under Rule 12(b)(6) of the Federal Rules of Civil Procedure and DENY as moot the Motion to Dismiss under Rule 12(b)(2) and (b)(4). Defendant Larry Cabelka's request in his Objection to the Motion to Dismiss (ECF No. 201) that default judgment be entered against Jared and Bonnie Cabelka and that he be granted leave to amend his third-party pleading should be DENIED. (Ordered by Magistrate Judge Hal R. Ray, Jr on 12/21/2017) (skg)
December 29, 2017
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ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Accordingly, it is ORDERED that the Price Defendants' Motion to Dismiss (ECF No. 179) is GRANTED in part to the extent it seeks dismissal under Rule 12(b)(1) and DENIED in part as MOOT to the extent it seeks dismissal under Rule 12(b)(6). (Ordered by Judge Reed C. O'Connor on 12/29/2017) (skg)
January 8, 2018
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The undersigned RECOMMENDS that Judge O'Connor GRANT Rebecca Thorps Motion for Summary Judgment (ECF No. 190). (Ordered by Magistrate Judge Hal R. Ray, Jr on 1/8/2018) (plp)
January 8, 2018
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ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONOF THE UNITED STATES MAGISTRATE JUDGE: The undersigned District Judge is of the opinion that the findings and conclusions of the Magistrate Judge are correct, and they are accepted as the findings and conclusions of the Court. Accordingly, it is ORDERED that Jared and Bonnie Cabelka's Motion to Dismiss (ECF No. 182) is GRANTED in part without prejudice to the extent it seeks dismissal under Rule 12(b)(5) or Rule 12(b)(6), and DENIED in part as MOOT to the extent it seeks dismissal under Rule 12(b)(2) and Rule 12(b)(4). (Ordered by Judge Reed C. O'Connor on 1/8/2018) (plp)
January 9, 2018
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ORDER ACCEPTING 204 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Accordingly, it is ORDERED that Defendant Larry Cabelka's request in his Objection to the Motion to Dismiss (ECF No. 201) that default judgment be entered against Jared and Bonnie Cabelka, and that he be granted leave to amend his third-party pleading, is DENIED. (Ordered by Judge Reed C. O'Connor on 1/9/2018) (skg)
January 10, 2018
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE on Motion re: 72 Motion for Summary Judgment filed by United States of America. For the foregoing reasons, the undersigned RECOMMENDS that Judge OConnor GRANT the United States' Motion for Summary Judgment (ECF No. 72) as to Defendant and deny as moot as to all other parties. The Defendant is indebted to the United States for his unpaid income taxes, penalties, statutory additions, and interest for the tax years 1997-2003 and 2005-2009 in the amount of $26,400,532.02, plus penalties, statutory additions, and interest thereon after June 30, 2017, until paid at the rates set forth in 26 U.S.C. § 6601, 6621, and 28 U.S.C. § 1961(c). Defendants liabilities are set forth below: See Order for further specifics. (Ordered by Magistrate Judge Hal R. Ray, Jr on 1/10/2018) (trt)
January 25, 2018
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ANTED. (Ordered by Judge Reed C. O'Connor on 1/25/2018) (skg)ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE 210: Accordingly, it is ORDERED that Third-Party Defendant Rebecca Thorp's Motion for Summary Judgment (ECF No. 190) should be and is hereby GR
January 29, 2018
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ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Accordingly, it is ORDERED that Plaintiff United States of America's Motion for Summary Judgment (ECF No. 72) should be and is hereby GRANTED. (Ordered by Judge Reed C. O'Connor on 1/29/2018) (skg)
May 15, 2018
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039;s Motion to Compel (ECF No. 227). (Ordered by Magistrate Judge Hal R. Ray, Jr on 5/15/2018) (skg)FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Based upon a full review of the relevant pleadings on file and applicable legal authorities, the undersigned RECOMMENDS that Judge Reed O'Connor GRANT Plaintiff&#
June 21, 2018
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ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court reviewed de novo those portions of the FCR to which Plaintiff made objections. For the following reasons, the Court OVERRULES Defendant's objections (ECF No. 236), ADOPTS the Magistrate Judge's FCR as the Findings and Conclusions of the Court, and GRANTS Plaintiff's motion to compel (ECF No. 227). (Ordered by Judge Reed C. O'Connor on 6/21/2018) (skg)