| Court: | nynd |
| Docket #: | 1:07-cv-00352 |
| Case Name: | United States of America v. Schulz et al |
| PACER case #: | 67307 |
| Date filed: | 2007-04-02 |
| Date terminated: | 2007-08-15 |
| Assigned to: | Senior Judge Thomas J. McAvoy |
| Referred to: | Magistrate Judge Randolph F. Treece |
| Case Cause: | 26:7402 IRS: Petition to Enforce IRS Summons |
| Nature of Suit: | 870 Taxes |
| Jury Demand: | None |
| Jurisdiction: | U.S. Government Plaintiff |
| Represented Party | Attorney & Contact Info |
| United States of America Plaintiff |
Olivia R. Hussey Thomas M. Newman William F. Larkin |
| Robert L. Schulz Defendant |
Robert L. Schulz Mark Lane |
| We the People Foundation for Constitutional Education, Inc. Defendant |
Mark Lane |
| We the People Congress, Inc. Defendant |
Mark Lane |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2007-04-02 | 1 | 0 | COMPLAINT against Robert L. Schulz, We the People Foundation for Constitutional Education, Inc., We the People Congress, Inc. filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(sfp, ) (Entered: 04/03/2007) | |||
| 2007-04-02 | 2 | 0 | G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 8/1/2007 at 09:30 AM in Albany before Magistrate Judge Randolph F. Treece. Civil Case Management Plan due by 7/23/2007. (sfp, ) (Entered: 04/03/2007) | |||
| 2007-04-02 | 3 | 0 | Summons Issued as to Robert L. Schulz. (sfp, ) (Entered: 04/03/2007) | |||
| 2007-04-02 | 4 | 0 | Summons Issued as to We the People Congress, Inc.. (sfp, ) (Entered: 04/03/2007) | |||
| 2007-04-02 | 5 | 0 | Summons Issued as to We the People Foundation for Constitutional Education, Inc.. (sfp, ) (Entered: 04/03/2007) | |||
| 2007-05-21 | 6 | 0 | SUMMONS Returned Executed by United States of America. We the People Congress, Inc. served on 5/3/2007, answer due 5/23/2007. (Newman, Thomas) (Entered: 05/21/2007) | |||
| 2007-05-21 | 7 | 0 | SUMMONS Returned Executed by United States of America. We the People Foundation for Constitutional Education, Inc. served on 5/3/2007, answer due 5/23/2007. (Newman, Thomas) (Entered: 05/21/2007) | |||
| 2007-05-21 | 8 | 0 | NOTICE of Appearance by Thomas M. Newman on behalf of United States of America (Newman, Thomas) (Entered: 05/21/2007) | |||
| 2007-05-22 | 9 | 0 | SUMMONS Returned Executed by United States of America. (Newman, Thomas) (Entered: 05/22/2007) | |||
| 2007-05-22 | 10 | 0 | SUMMONS Returned Executed by United States of America. (Newman, Thomas) (Entered: 05/22/2007) | |||
| 2007-05-22 | 11 | 0 | SUMMONS Returned Executed by United States of America. Robert L. Schulz served on 5/3/2007, answer due 5/23/2007. (Newman, Thomas) (Entered: 05/22/2007) | |||
| 2007-05-24 | 12 | 0 | MOTION to Dismiss ; Motion Hearing set for 7/9/2007 at 10:00 AM in Albany before Senior Judge Thomas J. McAvoy,Response to Motion due by 6/22/2007,Reply to Response to Motion due by 6/28/2007. by Robert L. Schulz, We the People Foundation for Constitutional Education, Inc., We the People Congress, Inc.. (Attachments: # 1 Memorandum of Law # 2 Declaration #1 of Schulz# 3 Exhibit(s) A# 4 Exhibit(s) B (part 1)# 5 Exhibit(s) B (second part)# 6 Exhibit(s) C# 7 Exhibit(s) D# 8 Exhibit(s) E# 9 Exhibit(s) F# 10 Exhibit(s) G# 11 Exhibit(s) H# 12 Exhibit(s) I# [No Exhibit J or K attached to this Declaration](13) Declaration #2 of Schulz# [traditional submitted Exhibit Binders A to GGG, Blue Folder FFF and HHH to ZZZ](14) Declaration #3 of Schultz [ Exhibits A-Z filed in Traditional manner]# 15 Affidavit Corporate Disclosure Statement(s); Certificate of Service and Cover Sheet) (pta ) Modified on 10/5/2007 to clarify Exhibits submitted (pta ). (Entered: 05/24/2007) | |||
| 2007-05-24 | 13 | 0 | COURT NOTICE to all parties re 12 Defendant's MOTION to Dismiss scheduledbefore the Honorable Thomas J. McAvoy for July 9, 2007 in Albany, NY at 10:00 a.m. (not at 9:30 a.m. as listed in the Notice of Motion)Clerk served all non NEF parties by regular mail. (pta ) (Entered: 05/24/2007) | |||
| 2007-06-18 | 14 | 0 | RESPONSE in Opposition re 12 MOTION to Dismiss & Cross-motion for Summary Judgment filed by United States of America. (Attachments: # 1 Statement of Material Facts # 2 Declaration Robert Schulz Decl #2(2)# 3 Declaration Astrup Decl. #1# 4 Declaration Celauro Decl.# 5 Declaration Deitz Decl. #1# 6 Deitz Decl. #2# 7 Declaration Engel Decl.# 8 Declaration Nelson Decl.# 9 Declaration Weaver Decl.# 10 Declaration Gordon Decl.# 11 Exhibit(s) Gordon Decl. Exh. 1# 12 Gordon Decl. Exh. 2# 13 Gordon Decl. Exh. 3# 14 Gordon Decl. Exh. 4# 15 Gordon Decl. Exh. 5# 16 Gordon Decl. Exh. 6# 17 Gordon Decl. Exh. 7# 18 Gordon Decl. Exh. 8# 19 Gordon Decl. Exh. 9# 20 Gordon Decl. Exh. 10# 21 Gordon Decl. Exh. 11# 22 Gordon Decl. Exh. 12# 23 Gordon Decl. Exh. 13# 24 Gordon Decl. Exh. 14# 25 Gordon Decl. Exh. 15# 26 Gordon Decl. Exh. 16# 27 Gordon Decl. Exh. 17# 28 Gordon Decl. Exh. 18# 29 Gordon Decl. Exh. 19# 30 Gordon Decl. Exh. 20# 31 Gordon Decl. Exh. 21# 32 Gordon Decl. Exh. 22# 33 Gordon Decl. Exh. 23# 34 Gordon Decl. Exh. 24# 35 Gordon Decl. Exh. 25# 36 Gordon Decl. Exh. 26# 37 Gordon Decl. Exh. 27# 38 Gordon Decl. Exh. 28# 39 Gordon Decl. Exh. 29)(Newman, Thomas) (Entered: 06/18/2007) | |||
| 2007-06-26 | 15 | 0 | Letter Motion from Robert L. Schulz, Pro Se Defendant requesting Adjournment of pending Motions for time to file response/reply papers submitted to Judge McAvoy. (Attachments: # 1 Copy Petition to Court of Appeals, District of Columbia# 2 mailing envelope)(pta ) Modified on 6/26/2007 to correct typo (pta ). (Entered: 06/26/2007) | |||
| 2007-06-26 | 16 | 0 | ENDORSED ORDER granting Robert Schulz's 15 Letter request to adjourn 12 Motion to Dismiss and 14 Cross Motion for Summary Judgment to the 7/27/07 Motion Calendar at 10 AM in Binghamton, NY before Judge McAvoy. Notwithstanding the provisions of N.D.N.Y.L.R.7, Deft Shulz shall file and serve his papers by 7/13/07. Signed by Judge Thomas J. McAvoy on 6/26/07. (sfp, ) (Entered: 06/26/2007) | |||
| 2007-06-29 | 17 | 0 | COURT NOTICE adjourning scheduled rule 16 conference due to pending dispositive motion. (tab) (Entered: 06/29/2007) | |||
| 2007-07-09 | 18 | 0 | Minute Entry: MOTION CALENDAR held 7/09/07 bef Sr. Judge McAvoy in Albany, NY: APP/LC: None; CR: T. Casal; CRD/mp. Defts We/People Foundation, We/People Congress & Schulz's 12 Motion to Dismiss; and, Pltf's 14 CROSS MOTION for Summary Judgment - ADJOURNED until 7/27/07 in Binghamton. (cml) (Entered: 07/09/2007) | |||
| 2007-07-12 | 19 | 0 | Letter Motion from Thomas M. Newman for United States of America requesting Leave to File a Reply to Defendants' Response submitted to Judge Thomas J. McAvoy. (Newman, Thomas) (Entered: 07/12/2007) | |||
| 2007-07-13 | 20 | 0 | ENDORSED ORDER Defts shall file with the Court and serve on Pltfs their opposition papers on or before noon on Monday, July 16, 2007. Opposition papers shall strictly comply with the page limitation requirements of LR 7.1(a)(1) and the formatting requirements of LR 10.1. Pltf shall have until noon on Monday, July 23, 2007 to file reply papers not to exceed 10 pgs in length. No further extensions of time or leave to file additional papers will be permitted. Any papers that are not filed with the Court by the times indicated above will be rejected. Signed by Judge Thomas J. McAvoy on 7/13/07. (sfp, ) (Entered: 07/13/2007) | |||
| 2007-07-16 | 21 | 0 | RESPONSE/REPLY to 14 CROSS MOTION for Summary Judgment, 12 MOTION to Dismiss filed by Robert L. Schulz. (Attachments: # 1 Memorandum of Law in Opposition to Motion for Summary Judgment and in Response to Opposition to Motion to Dismiss# 2 Statement of Material Facts Response to Statement of Material Facts and Additional Material Facts that are in Dispute)(ban) (Entered: 07/17/2007) | |||
| 2007-07-16 | 22 | 0 | DECLARARION #4 of ROBERT SCHULZ with Exhibit A re 14 CROSS MOTION for Summary Judgment, 12 MOTION to Dismiss filed by Robert L. Schulz and (Attachments: # 1 Exhibit(s) B-C1# 2 Exhibit(s) C2-D1# 3 Exhibit(s) D2# 4 Exhibit(s) D3# 5 Exhibit(s) E-H# 6 Exhibit(s) I-J)(ban) Modified on 10/4/2007 to reflect Exhibit A is attached (pta ). (Entered: 07/17/2007) | |||
| 2007-07-16 | 23 | 0 | DECLARATIONS 5 and 6 of Robert Schulz re 14 CROSS MOTION for Summary Judgment, 12 MOTION to Dismiss filed by Robert L. Schulz. (Attachments: # 1 Exhibit(s) A and M to Declaration #5 of Robert Schulz [ Video Exhibits A and M submitted traditionally)# 2 Declaration #6 of Robert Schulz with exhibits A-L# 3 Exhibit(s) M-R to Declaration #6 of Robert Schulz)(ban) Modified on 10/5/2007 to reflect exhibits submitted traditionally (pta ). (Entered: 07/17/2007) | |||
| 2007-07-16 | 24 | 0 | DECLARATIONS 8, 9, and 10 of Robert Schulz re 14 CROSS MOTION for Summary Judgment, 12 MOTION to Dismiss filed by Robert L. Schulz. (Attachments: Exhibits A-B attached to document #8 # 1 Exhibit(s) C-F to Declaration #8 of Robert Schulz# 2 Declaration #9 of Robert Schulz# 3 Declaration #10 of Robert Schulz)(ban) Modified on 10/4/2007 (ban). (Entered: 07/17/2007) | |||
| 2007-07-19 | 25 | 0 | REQUEST and ENDORSED ORDER ; denying Defendant's Schulz Request to deny the USA from filing Reply papers; in re 20 Order on Letter Request, which granted, 19 Letter Motion from Thomas M. Newman for United States of America requesting Leave to File a Reply to Defendants' Response. Signed by Judge Thomas J. McAvoy on 7/19/07. (pta ) (Entered: 07/19/2007) | |||
| 2007-07-20 | 26 | 0 | REPLY to Response to Motion re 14 CROSS MOTION for Summary Judgment filed by United States of America. (Attachments: # 1 Statement of Material Facts (Response to Defendants' Additional Statement of Material Facts)# 2 Appendix (Unpublished Decision) (Manning v. City of Jacksonville)# 3 Appendix (Unpublished Decision) (Hamilton v. The Recorder))(Newman, Thomas) (Entered: 07/20/2007) | |||
| 2007-07-25 | 27 | 0 | COURT REFJECTION ORDER ; of Deft Schultz Request for Leave to file Sur-Reply papers as to Motions 14 12 . Signed by Judge Thomas J. McAvoy on 7/25/07. (pta ) (Entered: 07/25/2007) | |||
| 2007-07-27 | 28 | 0 | DOCUMENT REJECTION ORDER; of Defendant Schultz's Motion for Leave to file Reply - due to papers were already accepted and filed on 7-16-07- re 21 Reply to Response to Motion, filed by Robert L. Schulz. Signed by Judge Thomas J. McAvoy on 7/27/07. (pta ) (Entered: 07/27/2007) | |||
| 2007-07-27 | 29 | 0 | Minute Entry: MOTION CALENDAR held 7/27/07 bef Sr. Judge McAvoy in Binghamton, NY: APP/CR/CRD: None; LC/SE. Defts' 12 MOTION to Dismiss; and, Pltf's 14 CROSS MOTION for Summary Judgment - TAKEN ON SUBMIT. (cml) (Entered: 07/27/2007) | |||
| 2007-08-09 | 30 | 0 | DECISION AND ORDER denying Defts' 12 Motion to Dismiss; granting Pltf's 14 Motion for Summary Judgment ; Defendants shall immediately implement the terms of this injunction and provide the Court with an affidavit of compliance by 8/30/07; The Court shall retain jurisdiction concerning Defts' compliance with the injunctive relief. Signed by Judge Thomas J. McAvoy on 8/9/07. (sfp, ) (Entered: 08/09/2007) | |||
| 2007-08-15 | 31 | 0 | JUDGMENT in favor of United States of America against We the People Congress, Inc., We the People Foundation for Constitutional Education, Inc., Robert L. Schulz. (sfp, ) (Entered: 08/15/2007) | |||
| 2007-08-21 | 32 | 0 | Letter Motion from Robert L. Schulz for Robert L. Schulz requesting the Court accept for filing Declaration #11 with attachments submitted to Judge McAvoy. (ban) (Entered: 08/22/2007) | |||
| 2007-08-21 | 33 | 0 | Emergency MOTION for Stay of Enforcement by Robert L. Schulz. (Attachments: # 1 Declaration #12 by Defendant Schulz# 2 Memorandum of Law in Support of Motion for Stay of Enforcement of Injunction)(ban) (Entered: 08/22/2007) | |||
| 2007-08-23 | 34 | 0 | DECISION AND ORDER denying Defts 32 Letter Request to file approx. 1,400 pages in support of their motion for reconsideration ; denying Defts 33 Motion for Preliminary Injunction to stay enforcement pending appeal. Signed by Judge Thomas J. McAvoy on 8/23/07. (sfp, ) (Entered: 08/23/2007) | |||
| 2007-08-22 | 35 | 0 | MOTION to modify 30 Order on Motion to Dismiss/Order on Motion for Summary Judgment, filed by Robert L. Schulz, We the People Foundation for Constitutional Education, Inc., We the People Congress, Inc. (Attachments: # 1 Cover Letter# 2 Declaration# 3 Memorandum of Law). (wjg, ) (Entered: 08/23/2007) | |||
| 2007-08-27 | 36 | 0 | Letter Request/Motion from Robert L. Schulz requesting Extension of time to file an Affidavit of Compliance as directed in 30 Order; submitted to Judge McAvoy. (sfp, ) (Entered: 08/27/2007) | |||
| 2007-08-27 | 37 | 0 | ENDORSED ORDER denying Defts' 35 Motion to Modify 30 Order. Signed by Judge Thomas J. McAvoy on 8/27/07. (sfp, ) (Entered: 08/27/2007) | |||
| 2007-08-27 | 38 | 0 | ENDORSED ORDER denying Defts's 36 Letter Request for extension of time to comply with Court's 30 Order. Signed by Judge Thomas J. McAvoy on 8/27/07. (sfp, ) (Entered: 08/27/2007) | |||
| 2007-08-29 | 39 | 0 | NOTICE OF APPEAL as to 30 Order on Motion to Dismiss,, Order on Motion for Summary Judgment, 31 Judgment by Robert L. Schulz, We the People Foundation for Constitutional Education, Inc., We the People Congress, Inc.. Filing fee $ 455, receipt number ALB003752. [appeals packet given to defendant Schulz at the time of filing]. (ban) (Entered: 08/30/2007) | |||
| 2007-08-30 | 40 | 0 | ELECTRONIC NOTICE sent to US Court of Appeals re 39 Notice of Appeal. (ban) (Entered: 08/30/2007) | |||
| 2007-08-30 | 41 | 0 | ELECTRONIC CERTIFICATION to US Court of Appeals of Record on Appeal re 39 Notice of Appeal. (ban) (Entered: 08/30/2007) | |||
| 2007-09-04 | 42 | 0 | Declaration #14 by Robert L. Schulz re: his compliance with the Court's 30 Order. (sfp, ) (Entered: 09/04/2007) | |||
| 2007-09-04 | 43 | 0 | CERTIFICATE OF SERVICE by Robert L. Schulz re 39 Notice of Appeal. (ban) (Entered: 09/06/2007) | |||
| 2007-09-04 | 44 | 0 | ORDER of USCA as to 39 Notice of Appeal, filed by We the People Foundation for Constitutional Education, Inc., We the People Congress, Inc., Robert L. Schulz. [submitted to court by Robert Schulz]. (ban) (Entered: 09/06/2007) | |||
| 2007-09-06 | 45 | 0 | AMENDED ELECTRONIC CERTIFICATION to US Court of Appeals of Record on Appeal re 39 Notice of Appeal. (ban) (Entered: 09/06/2007) | |||
| 2007-09-14 | 46 | 0 | Second Amended ELECTRONIC CERTIFICATION to US Court of Appeals of Record on Appeal re 39 Notice of Appeal. (ban) (Entered: 09/14/2007) | |||
| 2007-10-03 | 47 | 0 | Letter from Robert L. Schulz regarding documents not filed electronically. (ban) (Entered: 10/04/2007) | |||
| 2007-10-05 | 48 | 0 | Third Amended ELECTRONIC CERTIFICATION to US Court of Appeals of Record on Appeal re 39 Notice of Appeal. (ban) (Entered: 10/05/2007) | |||
| 2008-04-07 | 49 | 0 | NOTICE of Appearance by Olivia R. Hussey on behalf of United States of America (Hussey, Olivia) (Entered: 04/07/2008) | |||
| 2008-04-07 | 50 | 0 | MOTION to Enforce Judgment and to Hold Defendants in Contempt Response to Motion due by 4/25/2008 Motion Hearing set for 5/12/2008 10:00 AM in Albany before Senior Judge Thomas J. McAvoy by United States of America. (Attachments: # 1 Motion to Hold Defendants in Contempt, # 2 Memorandum of Law, # 3 Declaration, # 4 Proof of Service) (Hussey, Olivia) (Entered: 04/07/2008) | |||
| 2008-04-14 | 51 | 0 | Letter from Robert L. Schulz. (ban) (Entered: 04/15/2008) | |||
| 2008-04-15 | 52 | 0 | RESPONSE TO LETTER BRIEF filed by United States of America as to 51 Letter Filed by Defendant Schulz. (Attachments: # 1 Exhibit(s) Letter sent to Defendant Schulz on April 14, 2008)(Hussey, Olivia) (Entered: 04/15/2008) | |||
| 2008-04-18 | 53 | 0 | Letter from Robert L. Schulz to Olivia R. Hussey, Esq. regarding Motion for Contempt. (ban) (Entered: 04/21/2008) | |||
| 2008-04-28 | 54 | 0 | DECISION AND ORDER granting Pltf's 50 Motion; It is hereby ORDERED that Defts are in contempt; Unless Defts fully comply w/Paragraph C of the 8/9/07 Order by 4:00 PM on Monday, 5/5/08, they will be sanctioned $2,000.00 per day, retroactive to 4/28/08. The court is affording the Defts a grace period of 7 days from today's date to comply with Paragraph C w/out being subjected to a $2,000.00 per day sanction.Defts shall pay to the United States its costs incurred in connection w/filing and prosecuting the instant motion. The United States shall promptly file an affidavit detailing its costs in this regard. If Defts fail to comply with Paragraph C by 5/12/08, the United States may move on an expedited basis seeking addt'l coercive sanctions, compensatory contempt sanctions, and coercive incarceration; By 4:00 PM on 5/5/08, Defts shall file with the Court, and serve the United States, a declaration describing their compliance with Paragraph C. Signed by Senior Judge Thomas J. McAvoy on 4/28/08. (sfp, ) (Entered: 04/28/2008) | |||
| 2008-04-28 | 55 | 0 | Defendant's Brief in Opposition re 50 MOTION to Enforce Judgment and to Hold Defendants in Contempt filed by Robert L. Schulz. (ban) (Entered: 04/30/2008) | |||
| 2008-05-05 | 56 | 0 | AFFIDAVIT re 54 Order on Motion to Enforce Judgment,,,, by United States of America. (Attachments: # 1 Declaration, # 2 Declaration of Olivia Hussey)(Hussey, Olivia) (Entered: 05/05/2008) | |||
| 2008-05-05 | 57 | 0 | CERTIFICATE OF SERVICE by United States of America re 56 Affidavit (Hussey, Olivia) (Entered: 05/05/2008) | |||
| 2008-05-05 | 58 | 0 | DECLARATION by Robert L. Schulz (dpk) (Entered: 05/06/2008) | 2009-11-16 12:18:04 | 91178df6b9bc3b2734e45c5b8f5ea15e7b60e25b | |
| 2008-05-07 | 59 | 0 | Defendant's Declaration #16 by Robert L. Schulz (Attachments: # 1 Certificate of Service, # 2 Cover Letter)(mgh) (Entered: 05/08/2008) | 2009-11-16 12:15:07 | f7817819a2df6722db74547a65954d55088c0175 | |
| 59 | 1 | Certificate of Service | ||||
| 59 | 2 | Cover Letter | 2009-11-16 12:16:13 | 567660fd5959bff7e0ff873ec8ca90fcef7d30f7 | ||
| 2008-05-12 | 60 | 0 | Minute Entry: MOTION CALENDAR held 5/12/08 bef Sr. Judge McAvoy in Binghamton, NY: APP: None; CR: V. Theleman; LC/SE; CRD/cml. Pltf's 50 MOTION to Enforce Judgment & to hold Defts in Contempt - TAKEN ON SUBMIT [addressed by TJM 54 order]. (cml) (Entered: 05/12/2008) | |||
| 2008-05-15 | 61 | 0 | Letter Request/Motion from Robert Schulz requesting Reconsideration of 54 Order submitted to Judge McAvoy. (sfp, ) (Entered: 05/15/2008) | |||
| 2008-05-15 | 62 | 0 | DECISION AND ORDER denying Deft Schulz's 61 Letter Request/Motion for reconsideration of 54 Order and Deft Schulz shall pay the United States $500.00 as a contempt sanction. Signed by Senior Judge Thomas J. McAvoy on 5/15/08. (sfp, ) (Entered: 05/15/2008) | |||
| 2008-08-28 | 63 | 0 | MANDATE of USCA, issued 8/27/08, as to 39 Notice of Appeal, filed by We the People Foundation for Constitutional Education, Inc., We the People Congress, Inc., Robert L. Schulz : AFFIRMING the judgment of the district court. (cbm ) (Entered: 08/28/2008) | |||
| 2008-12-10 | 64 | 0 | COURT REJECTION ORDER ; of Notice of Entry of Appearance of Jonathan Lee Riches on behalf of Plaintiff - due to action is closed, etc.. Signed by Senior Judge Thomas J. McAvoy on 12/09/08. (Attachments: # 1 Rejected papers) [non ecf parties served by regular mail](pta ) (Entered: 12/10/2008) |