YOCUM, et al v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:03-cv-00084-FMA
District Judge Francis M. Allegra, presiding

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No Logo MARTHA M. YOCUM, Plaintiff

Toggle Switch Represented by McCarter & English LLP

Name Phone Fax E-Mail
Space Michael A. Guariglia +1 973 622 4444
No Logo RONALD H. YOCUM, Plaintiff

Toggle Switch Represented by McCarter & English LLP

Name Phone Fax E-Mail
Space Michael A. Guariglia +1 973 622 4444
v.
United States of America United States of America, Defendant
Officially listed as "USA"

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Benjamin C. King, Jr. +1 202 307 6506 benjamin.c.king@usdoj.gov
Office COFC
Filed 1/14/2003
Jury Demand
Demand $1146000
Nature of Suit 206 - Tax - Excise
Cause Section 28 U.S.C. § 1491 Tucker Act
Jurisdiction U.S. Government Defendant
Disposition Dismissed
County
Terminated 7/1/2005
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
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Blank 44 Filed: 7/1/2005, Entered: 7/1/2005
JUDGMENT entered, pursuant to Rule 58, dismissing the complaint. (dls )
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    Blank 43 Filed: 7/1/2005, Entered: 7/1/2005 Court Filing
    PUBLISHED OPINION DENYING [16] MOTION for Summary Judgment filed by RONALD H. YOCUM, MARTHA M. YOCUM; and GRANTING [20] CROSS MOTION for Summary Judgment filed by USA. The Clerk is directed to enter judgment. Signed by Judge Francis M. Allegra. (dls)
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      Blank 42 Filed: 6/30/2005, Entered: 7/1/2005 Stipulation
      Joint STIPULATION of Facts re [41] Order, filed by all parties. (mb2, )
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        Blank 41 Filed: 6/23/2005, Entered: 6/27/2005 Status Report/OrderCourt Filing
        ORDER: Joint Stipulation due by 6/30/2005. Signed by Judge Francis M. Allegra. (mb2, )
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          Blank 40 Filed: 3/11/2005, Entered: 3/16/2005 Response to Supplemental Brief
          RESPONSE to [39] Supplemental Brief filed by RONALD H. YOCUM, MARTHA M. YOCUM. Service: 3/9/2005.(mb2, )
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            Blank 39 Filed: 3/11/2005, Entered: 3/16/2005 Supplemental Brief
            SUPPLEMENTAL BRIEF re: [36] Order by USA. Service: 3/11/2005.(mb2, )
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              Blank 38 Filed: 2/25/2005, Entered: 2/28/2005 Supplemental Brief
              SUPPLEMENTAL BRIEF re: [36] Scheduling Order by RONALD H. YOCUM, MARTHA M. YOCUM. Service: 2/24/2005.(mb2, )
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                Blank 37 Filed: 2/25/2005, Entered: 2/28/2005 Supplemental Brief
                SUPPLEMENTAL BRIEF re: [36] Scheduling Order by USA. Service: 2/25/2005.(mb2, )
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                  Blank -- Filed: 2/25/2005, Entered: 2/28/2005 Transcript
                  TRANSCRIPT of Proceedings held on 1/26/05 before Judge Francis M. Allegra. (eph, )
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                    Blank -- Filed: 2/24/2005, Entered: 2/24/2005
                    Set/Reset Transcript Deadlines: Transcript due by 2/28/2005. (vp1, )
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                      Blank 36 Filed: 1/28/2005, Entered: 1/31/2005 Scheduling OrderCourt Filing
                      SCHEDULING ORDER: Post Trial Briefs due 2/25/2005. Post Trial Response Briefs due 3/11/2005. Signed by Judge Francis M. Allegra. (mb2, )
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                        Blank 35 Filed: 12/7/2004, Entered: 12/14/2004 Order Setting Oral Argument/Hearing on MotionCourt Filing
                        ORDER Setting Telephonic Oral Argument on Motion [20] CROSS MOTION to [16] Motion for Summary Judgment filed by RONALD H. YOCUM, MARTHA M. YOCUM, [16] MOTION for Summary Judgment for 1/26/2005 10:00 AM before Judge Francis M. Allegra. Signed by Judge Lawrence M. Baskir for Judge Francis M. Allegra. (jat, )
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                          Blank 34 Filed: 11/19/2004, Entered: 11/22/2004 OrderCourt Filing
                          SPECIAL PROCEDURES ORDER. Signed by Judge Francis M. Allegra. (jcp, )
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                            Blank 33 Filed: 11/17/2004, Entered: 11/19/2004 Notice of Appearance/
                            NOTICE of Appearance by Benjamin C. King for USA. Service: 11/17/2004.(jcp, )
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                              Blank 32 Filed: 10/19/2004, Entered: 10/26/2004 Notice of ReassignmentCourt Filing
                              NOTICE of Reassignment to Judge Francis M. Allegra. (dls)
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                                Blank 31 Filed: 10/19/2004, Entered: 10/26/2004 Order Reassigning CaseCourt Filing
                                ORDER REASSIGNING CASE. Case reassigned to Judge Francis M. Allegra for all further proceedings. Senior Judge Robert J. Yock no longer assigned to case. Signed by Chief Judge Edward J. Damich. (dls)
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                                  Blank 30 Filed: 10/18/2004, Entered: 10/25/2004 Order on Motion For Leave to File.Court Filing
                                  ORDER granting [28] Motion for Leave to Reply to Defendant's Expanded Response. Signed by Judge Robert J. Yock. (jat, )
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                                    Blank 29 Filed: 9/23/2004, Entered: 9/27/2004 Response to Motion
                                    DEFENDANT'S OPPOSITION TO PLAINTIFFS' MOTION FOR LEAVE TO REPLY TO DEFENDANT'S EXPANDED RESPONSE [28] filed by USA. Reply due by 10/7/2004. Service: 09/23/2004.(lld, )
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                                      Blank 28 Filed: 9/21/2004, Entered: 9/24/2004, Terminated: 10/18/2004 Terminated:
                                      MOTION for Leave to File Reply to Defendant's Expanded Response to the ABA Section of Taxation Report of the Task Force on Judicial Deference. by MARTHA M. YOCUM, RONALD H. YOCUM.Service: 9/20/2004. Response due by 10/8/2004 (lg1, )
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                                        Blank 27 Filed: 9/13/2004, Entered: 9/16/2004 Response
                                        EXPANDED RESPONSE to [25] The ABA Section of Taxation Report of the Task Force on Judicial Deference, filed by USA. Service: 9/13/2004.(jcp, )
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                                          Blank 26 Filed: 9/10/2004, Entered: 9/16/2004 Order on Motion For Leave to File.Court Filing
                                          ORDER: [25] Pltfs' Motion for Leave to Inform the Court of ABA Task Force Report is GRANTED and that motion and the attached Report will be allowed to be filed. The dft, however, shall have ten (10) days from the date of this Order [9/24/2004] to file an expanded response to the Report, if it so chooses. Signed by Judge Robert J. Yock. (jcp, )
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                                            Blank 25 Filed: 9/3/2004, Entered: 9/8/2004, Terminated: 9/10/2004 Terminated:
                                            MOTION for Leave to Inform the Court of ABA Task Force Report, by MARTHA M. YOCUM, RONALD H. YOCUM. [Report attached to original motion]Service: 9/2/2004. Response due by 9/20/2004. (jcp, )
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                                              Blank 24 Filed: 6/17/2004, Entered: 6/22/2004 Description not available
                                              REPLY to Response to Motion re [20] CROSS MOTION to [16] Motion for Summary Judgment filed by RONALD H. YOCUM, MARTHA M. YOCUM filed by USA. Service: 6/17/04.(jat, )
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                                                Blank 23 Filed: 5/18/2004, Entered: 5/19/2004 Order on Motion for Extension of Time to File RespCourt Filing
                                                ORDER allowing [22] Dft's Motion for Extension of Time to File Reply to [21] Pltf's Opposition to [20] Dft's CROSS MOTION to [16] Pltf's Motion for Summary Judgment. Reply due by 6/18/2004. Signed by Judge Robert J. Yock. (jcp, )
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                                                  Blank 22 Filed: 5/14/2004, Entered: 5/17/2004 Terminated:
                                                  MOTION for Extension of Time to File Reply as to [21] Response to Motion,until June 18, 2004, by USA.Service: 5/14/04. Response due by 6/1/2004 (jat, )
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                                                    Blank 21 Filed: 5/5/2004, Entered: 5/7/2004 Response to Motion
                                                    OPPOSITION to [20] Dft's CROSS MOTION and REPLY BRIEF in Support of [16] Pltf's Motion for Summary Judgment, filed by MARTHA M. YOCUM, RONALD H. YOCUM. Reply due by 5/21/2004. Service: 5/4/2004.(jcp, )
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                                                      Blank 20 Filed: 4/7/2004, Entered: 4/8/2004 Terminated:
                                                      CROSS MOTION and OPPOSITION to [16] Pltfs' Motion for Summary Judgment, by USA.Service: 4/7/2004. Response due by 5/10/2004.(jcp, )
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                                                        Blank 19 Filed: 3/16/2004, Entered: 3/17/2004 Order on Motion for Extension of Time to FileCourt Filing
                                                        ORDER: [18] Dft's Motion for Extension of Time is hereby allowed.Dft's Cross Motion and Opposition due by 4/14/2004. Signed by Judge Robert J. Yock. (jcp, )
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                                                          Blank 18 Filed: 3/8/2004, Entered: 3/10/2004 Terminated:
                                                          MOTION for Extension of Time until 4/14/2004 to file Cross Motion for Summary Judgment and Opposition to Pltfs' Motion for Summary Judgment by USA.Service: 3/8/2004. Response due by 3/25/2004.(jcp, )
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                                                            Blank 17 Filed: 2/13/2004, Entered: 2/19/2004 Statement of Facts
                                                            JOINT STIPULATION OF FACTS Pursuant to RCFC 56(H)(3) by all parties. (jcp, )
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                                                              Blank 16 Filed: 2/13/2004, Entered: 2/19/2004 Terminated:
                                                              MOTION for Summary Judgment and Brief in Support by MARTHA M. YOCUM, RONALD H. YOCUM.Service: 2/12/2004. Response due by 3/15/2004. (jcp, )
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                                                                Blank 15 Filed: 1/13/2004, Entered: 1/15/2004 Order on Motion for Extension of Time to FileCourt Filing
                                                                ORDER that [14] Pltfs' Motion for Extension of Time to File Dispositive Motion is hereby allowed to 2/13/2004. Signed by Judge Robert J. Yock. (jcp, )
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                                                                  Blank 14 Filed: 1/6/2004, Entered: 1/12/2004 Terminated:
                                                                  MOTION for Extension of Time until 3/8/2004 to file Pltfs' Dispositive Motion by MARTHA M. YOCUM, RONALD H. YOCUM.Service: 1/5/2004. Response due by 1/22/2004. (jcp, )
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                                                                    Blank 13 Filed: 10/8/2003, Entered: 10/16/2003 Order on Motion to Amend ScheduleCourt Filing
                                                                    ORDER that the [12] Dft's Motion to Amend Scheduling Order is hereby allowed and the Discovery period is extended to 11/17/2003. The pltf's Dispositive Motion is due to be filed on or before 1/8/2004. If no dispositive motion has been filed by 1/8/2004, the parties are to file status reports. Signed by Judge Robert J. Yock. (jcp, )
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                                                                      Blank 12 Filed: 10/2/2003, Entered: 10/8/2003 Terminated:
                                                                      MOTION to Amend Scheduling Order (extend discovery unitl 11/17/03 and plaintiffs' dispositive motion to 1/8/04) by USA.Service: 10/2/03. Response due by 10/20/2003 (jat, )
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                                                                        Blank 11 Filed: 7/28/2003, Entered: 7/29/2003 Notice of Indirectly Related Case(s)
                                                                        NOTICE of Indirectly Related Case(s) [03-1347T, Spiess v. United States] by MARTHA M. YOCUM, RONALD H. YOCUM. Service: 7/25/03.(jcp, )
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                                                                          Blank 10 Filed: 7/9/2003, Entered: 7/11/2003 Scheduling OrderCourt Filing
                                                                          SCHEDULING ORDER:The Joint Preliminary Status Report is acceptable to the Court. The parties are to commence with discovery, and the Discovery period is to conclude on 10/17/2003, and the Pltf's Dispositive Motion is due to be filed on or before 12/8/2003. If no dispositive motion has been filed by 12/8/03, the parties are to file status report advising the Court as to their intentions in regard to this case. Signed by Judge Robert J. Yock. (jcp, )
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                                                                            Blank 9 Filed: 7/1/2003, Entered: 7/2/2003 Notice of ReassignmentCourt Filing
                                                                            NOTICE of Reassignment to Senior Judge Robert J. Yock. (dls, )
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                                                                              Blank 8 Filed: 7/1/2003, Entered: 7/2/2003 Order Reassigning CaseCourt Filing
                                                                              ORDER REASSIGNING CASE. Case reassigned to Senior Judge Robert J. Yock for all further proceedings. Judge Marian Blank Horn no longer assigned to case. Signed by Judge Marian Blank Horn. (dls, )
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                                                                                Blank 7 Filed: 6/24/2003, Entered: 6/25/2003 Joint Preliminary Status Report
                                                                                JOINT PRELIMINARY STATUS REPORT. Service: 6/24/03.(dw1, )
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                                                                                  Blank 6 Filed: 5/8/2003, Entered: 5/13/2003 Answer
                                                                                  ANSWER to [1] Complaint by The United States.Service: 5/8/03. JPSR due by 6/30/2003.(hw1, )
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                                                                                    Blank 5 Filed: 3/10/2003, Entered: 3/11/2003 OrderCourt Filing
                                                                                    ORDER granting [4-1] motion to Extend Time within which to respond to the complaint Answer to complaint due 5/14/03 (signed by Sr. Judge Marian Blank Horn). Copy to parties. (LTD)
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                                                                                      Blank 4 Filed: 3/5/2003, Entered: 3/7/2003, Terminated: 3/10/2003 Terminated:
                                                                                      MOTION by USA (Service : 3/5/03 ) to Extend Time within which to respond to the complaint , (until 5/14/03). (HW)
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                                                                                        Blank 3 Filed: 3/4/2003, Entered: 3/6/2003 Notice of Appearance/
                                                                                        NOTICE of Attorney Appearance for USA by Sheryl Beth Flum. Service: 3/4/03. (LTD)
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                                                                                          Blank 2 Filed: 1/14/2003, Entered: 1/16/2003 Case Assigned/ReassignedCourt Filing
                                                                                          Notice of assignment to Sr. Judge Marian Blank Horn. Copy to parties. (FE)
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                                                                                            Blank 1 Filed: 1/14/2003, Entered: 1/16/2003 Complaint
                                                                                            COMPLAINT, FILING FEE $150, RECEIPT #056035. Answer due on 3/17/03. (FE)
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