ROSENBERG v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:05-cv-01272-SGB
District Judge Susan G. Braden, presiding

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No Logo LINDA ROSENBERG, Plaintiff

Toggle Switch Represented by Lewis, Brisbois, Bisgaard & Smith, LLP

Name Phone Fax E-Mail
Space Sheldon H. Sloan +1 619 233 1006 +1 619 233 8627 ssloanlaw@aol.com
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 12/9/2005
Jury Demand None
Demand $20000000
Nature of Suit 206 - Tax - Excise
Cause Section 28 U.S.C. § 1491 Tucker Act
Jurisdiction U.S. Government Defendant
Disposition Dismissed
County None
Terminated 8/4/2006
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case '06-5123'[]
Def Custody Status
Flags CLOSED, ECF
  Entries (37) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document 34 Filed: 8/1/2007, Entered: 8/6/2007 CAFC Mandate Affirming
MANDATE of CAFC affirming [30] Order directing the Clerk of the Court to Dismiss the Case. (hw1, )
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    Legal Document 33 Filed: 9/5/2006, Entered: 9/5/2006, Terminated: 8/1/2007 CAFC Case Number
    CAFC Case Number 06-5123 for [32] Notice of Appeal filed by LINDA ROSENBERG. (hw1, )
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      Legal Document 32 Filed: 8/28/2006, Entered: 8/28/2006, Terminated: 8/1/2007 Notice of Appeal
      NOTICE OF APPEAL, filed by LINDA ROSENBERG. Filing fee $ 455.00, receipt number 065342. Copies to judge, opposing party and CAFC. (hw1, )
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        Legal Document 31 Filed: 8/4/2006, Entered: 8/4/2006
        JUDGMENT entered, pursuant to Rule 58, that the complaint is dismissed, without prejudice. (lld, )
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          Legal Document 30 Filed: 8/3/2006, Entered: 8/3/2006 Court Filing
          PUBLISHED MEMORANDUM OPINION and FINAL ORDER GRANTING Motion to Dismiss and directing the Clerk to dismiss the case, without prejudice. Signed by Judge Susan G. Braden. (js1, ) Modified on 8/4/2006 to indicate this is a published decision. (dls ).
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            Legal Document 29 Filed: 6/9/2006, Entered: 6/9/2006
            NOTICE of Directly Related Case (filed in District Court) [06-3425-PA], filed by USA. (Attachments: # (1))(King, Benjamin) Modified on 6/12/2006 (dls ).
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              Legal Document 28 Filed: 6/8/2006, Entered: 6/8/2006
              REPLY to Response to Motion re [23] MOTION to Strike [11] Response to Motion or, in the alternative for a stay, filed by USA. (King, Benjamin)
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                Legal Document 27 Filed: 5/30/2006, Entered: 5/30/2006
                REPLY to Response to Motion re [22] MOTION for Extension of Time until 15 days after entry of decision on motion to dismiss to response to plaintiff's motion for class certification, filed by USA. (King, Benjamin)
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                  Legal Document 26 Filed: 5/25/2006, Entered: 5/25/2006
                  RESPONSE to [23] MOTION to Strike [11] Response to Motion or, in the alternative for a stay, filed by LINDA ROSENBERG.Reply due by 6/8/2006. (Smith, R.) Modified on 6/8/2006 to edit text. (dls ).
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                    Legal Document 25 Filed: 5/25/2006, Entered: 5/25/2006
                    STATUS REPORT, filed by USA. (Attachments: # (1))(King, Benjamin)
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                      Legal Document 24 Filed: 5/15/2006, Entered: 5/15/2006
                      RESPONSE to [22] MOTION for Extension of Time until 15 days after entry of decision on motion to dismiss to response to plaintiff's motion for class certification, filed by LINDA ROSENBERG.Reply due by 5/30/2006. (Smith, R.)
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                        Legal Document 23 Filed: 5/12/2006, Entered: 5/12/2006, Terminated: 8/4/2006 Motion to Strike
                        MOTION to Strike [11] Response to Motion or, in the alternative, for a stay, filed by USA.Response due by 5/30/2006.(King, Benjamin) Modified on 6/8/2006 to edit docket text. (dls ).
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                          Legal Document 22 Filed: 4/27/2006, Entered: 4/27/2006, Terminated: 8/4/2006 Motion for Extension of Time
                          MOTION for Extension of Time until 15 days after entry of decision on motion to dismiss to response to plaintiff's motion for class certification, filed by USA. Response due by 5/15/2006.(King, Benjamin)
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                            Legal Document 21 Filed: 4/27/2006, Entered: 4/27/2006
                            REPLY to Response to Motion re [5] MOTION to Dismiss pursuant to Rule 12(b)(6) and 12(b)(1), filed by USA. (King, Benjamin)
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                              Legal Document 20 Filed: 4/21/2006, Entered: 4/21/2006 Court Filing
                              ORDER granting [19] Motion for Extension of Time . Signed by Judge Susan G. Braden. (js1, )
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                                Blank -- Filed: 4/21/2006, Entered: 4/24/2006 Set Motion Deadlines/Hearings
                                Reset Deadline as to [5] MOTION to Dismiss pursuant to Rule 12(b)(6) and 12(b)(1). Reply due by 4/27/2006. (dls )
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                                  Legal Document 19 Filed: 4/17/2006, Entered: 4/17/2006, Terminated: 4/21/2006 Motion for Extension of Time
                                  MOTION for Extension of Time until 04/27/06 to Filing defendant's reply brief, filed by USA. Response due by 5/4/2006.(King, Benjamin)
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                                    Legal Document 18 Filed: 4/10/2006, Entered: 4/10/2006, Terminated: 8/4/2006 Motion to Certify Class
                                    MOTION to Certify Class, filed by LINDA ROSENBERG. Response due by 4/27/2006. (Attachments: # (1) Affidavit Declaration of R. Gaylord Smith)(Smith, R.)
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                                      Legal Document 17 Filed: 4/10/2006, Entered: 4/10/2006, Terminated: 8/4/2006 Motion to Appoint Counsel
                                      MOTION to Appoint Counsel Change of Designation of Counsel, filed by LINDA ROSENBERG. Response due by 4/27/2006.(Smith, R.)
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                                        Legal Document 16 Filed: 4/10/2006, Entered: 4/10/2006 Court Filing
                                        ORDER STRIKING PRIOR ORDER AND ORDER RETURNING UNFILED: Motion to Take Notice of Certain Facts Regarding Excise Tax Refund Litigation and the Internal Revenue Service's Settlements of Refund Claims received April 6, 2006. Signed by Judge Susan G. Braden. (js1, )
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                                          Legal Document 15 Filed: 4/10/2006, Entered: 4/10/2006 Court Filing
                                          ORDER RETURNING UNFILED: Motion to Take Notice of Certain Facts received April 6, 2006. Plaintiff may refile document electronically. Signed by Judge Susan G. Braden. (js1, ) STRICKEN PER ORDER OF APRIL 10, 2006. Modified on 4/10/2006 (dls).
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                                            Legal Document 14 Filed: 4/6/2006, Entered: 4/6/2006, Terminated: 8/4/2006 Motion for Miscellaneous Relief
                                            MOTION none Motion To Take Notice Of Certain Facts Regarding Excise Tax Refund Litigation And The Internal Revenue Service?s Settlements Of Refund Claims, filed by LEVINE, BLASZAK, BLOCK & BOOTHBY. Response due by 4/24/2006.(Rosen, Stephen)
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                                              Legal Document 13 Filed: 4/3/2006, Entered: 4/3/2006 Court Filing
                                              ORDER granting [12] Motion for Extension of Time Defendant's Reply in Support of Motion to Dimiss now due by 4/21/2006 Signed by Judge Susan G. Braden. (js1, )
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                                                Blank -- Filed: 4/3/2006, Entered: 4/4/2006 Set Motion Deadlines/Hearings
                                                Reset Deadlines as to [5] MOTION to Dismiss pursuant to Rule 12(b)(6) and 12(b)(1). Reply due by 4/21/2006. (dls)
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                                                  Legal Document 12 Filed: 3/30/2006, Entered: 3/30/2006, Terminated: 4/3/2006 Motion for Extension of Time
                                                  MOTION for Extension of Time until April 21, 2006 to Filing defendant's reply brief, filed by USA. Response due by 4/17/2006.(King, Benjamin)
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                                                    Legal Document 11 Filed: 3/21/2006, Entered: 3/21/2006
                                                    RESPONSE to [5] MOTION to Dismiss pursuant to Rule 12(b)(6) and 12(b)(1) and Cross-Motion for Partial Summary Judgment as to Liability, filed by LINDA ROSENBERG. Reply due by 4/7/2006. (Smith, R.) Modified on 3/23/2006 to correct due date. (dls).
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                                                      Legal Document 10 Filed: 3/14/2006, Entered: 3/14/2006 Court Filing
                                                      ORDER directing plaintiff to comply with Court's December 9, 2005 Notice of Designation of Electronic Case. Notice of Compliance due by 3/31/2006. Signed by Judge Susan G. Braden. (js1, )
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                                                        Legal Document 9 Filed: 3/14/2006, Entered: 3/14/2006 Court Filing
                                                        ORDER granting [7] Motion for Leave to File Out of Time. Signed by Judge Susan G. Braden. (js1, )
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                                                          Blank -- Filed: 3/14/2006, Entered: 3/14/2006
                                                          ORDER granting [8] Motion for Extension of Time . Signed by Judge Susan G. Braden. (js1, )
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                                                            Legal Document 8 Filed: 3/1/2006, Entered: 3/1/2006, Terminated: 3/14/2006 Motion for Extension of Time
                                                            MOTION for Extension of Time until February 17, 2006 to Motion to Dismiss, filed by USA. Response due by 3/20/2006. (King, Benjamin)
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                                                              Legal Document 7 Filed: 3/1/2006, Entered: 3/1/2006, Terminated: 3/14/2006 Motion for Leave to File Out of Time
                                                              MOTION for Leave to File Motion for Enlargement of Time Out of Time, filed by USA. Response due by 3/20/2006. (King, Benjamin) Modified on 3/6/2006 to correct docket text. (dls).
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                                                                Legal Document 6 Filed: 2/27/2006, Entered: 2/27/2006 Court Filing
                                                                ORDER RETURNING UNFILED: Motion for Leave to File Out of Time and Motion for Enlargement of Time received February 21, 2006. Re-file electronically.Notice of Compliance due by 3/3/2006. Signed by Judge Susan G. Braden. (js1, )
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                                                                  Legal Document 5 Filed: 2/17/2006, Entered: 2/17/2006, Terminated: 8/4/2006 Motion to Dismiss
                                                                  MOTION to Dismiss pursuant to Rule 12(b)(6) and 12(b)(1), filed by USA. Response due by 3/20/2006. (King, Benjamin)
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                                                                    Legal Document 4 Filed: 1/12/2006, Entered: 1/12/2006
                                                                    NOTICE of Appearance by Benjamin C. King, Jr for USA. (King, Benjamin)
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                                                                      Legal Document 3 Filed: 12/9/2005, Entered: 12/12/2005 Notice of Designation of Electronic Case
                                                                      NOTICE of Designation of Electronic Case. (lg1, )
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                                                                        Legal Document 2 Filed: 12/9/2005, Entered: 12/12/2005 Notice Of AssignmentCourt Filing
                                                                        NOTICE of Assignment to Judge Susan G. Braden. (lg1, ).
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                                                                          Legal Document 1 Filed: 12/9/2005, Entered: 12/12/2005 Complaint
                                                                          COMPLAINT against USA (TRN) ( Filing fee $250, Receipt number 064051), filed by LINDA ROSENBERG.Answer Due by 2/7/2006. (Attachments: # (1) Civil Cover Sheet)(lg1, )
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