CASREF,MHS2 U.S. District Court [LIVE] Eastern District of TEXAS (Lufkin) CIVIL DOCKET FOR CASE #: 9:14-cv-00138-MHS-KFG UNITED STATES OF AMERICA v. Trowbridge, Jr. et al Assigned to: Judge Michael H. Schneider Referred to: Magistrate Judge Keith F. Giblin Cause: 26:7401 IRS: Tax Liability Plaintiff UNITED STATES OF AMERICA Date Filed: 07/07/2014 Jury Demand: None Nature of Suit: 870 Taxes Jurisdiction: U.S. Government Plaintiff represented by Joshua David Smeltzer U S Department of Justice - Tax Division 717 N Harwood Street Suite 400 Dallas, TX 75201 214/880-9735 Fax: 214/880-9741 Email: joshua.d.smeltzer@usdoj.gov ATTORNEY TO BE NOTICED V. John Parks Trowbridge, Jr. represented by John Parks Trowbridge, Jr. 9816 Memorial Boulevard No. 205 Humble, TX 77338 PRO SE Bright Future Investments, Inc. TERMINATED: 09/10/2015 Ideal Abilities TERMINATED: 09/10/2015 Tyler County Tax Office TERMINATED: 09/26/2014 Page 1 of 7
Date Filed # Docket Text 07/07/2014 1 COMPLAINT against Bright Future Investments, Inc., Ideal Abilities, John Parks Trowbridge, Jr., Tyler County Tax Office, filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit Gov Ex A, # 2 Exhibit Gov Ex B-1, # 3 Exhibit Gov Ex B-2, # 4 Exhibit Gov Ex B-3, # 5 Exhibit Gov Ex C, # 6 Civil Cover Sheet, # 7 US' Certificate of Interested Persons)(Smeltzer, Joshua) (Entered: 07/07/2014) 07/07/2014 Judge Michael H. Schneider added. (mll, ) (Entered: 07/07/2014) 07/07/2014 2 SUMMONS Issued as to Bright Future Investments, Inc., Ideal Abilities, John Parks Trowbridge, Jr., Tyler County Tax Office, and emailed to pltf for service. (mll, ) (Entered: 07/07/2014) 07/24/2014 3 SUMMONS Returned Executed by UNITED STATES OF AMERICA. John Parks Trowbridge, Jr. served on 7/16/2014, answer due 8/6/2014. (mjc, ) (Entered: 07/24/2014) 07/24/2014 4 SUMMONS Returned Executed by UNITED STATES OF AMERICA. Bright Future Investments, Inc. served on 7/16/2014, answer due 8/6/2014. (mjc, ) (Entered: 07/24/2014) 07/24/2014 5 SUMMONS Returned Executed by UNITED STATES OF AMERICA. Ideal Abilities served on 7/16/2014, answer due 8/6/2014. (mjc, ) (Entered: 07/24/2014) 07/24/2014 6 SUMMONS Returned Executed by UNITED STATES OF AMERICA. Tyler County Tax Office served on 7/16/2014, answer due 8/6/2014. (mjc, ) (Entered: 07/24/2014) 08/07/2014 7 ANSWER to 1 Complaint, by John Parks Trowbridge, Jr.(mjc, ) (Entered: 08/08/2014) 08/08/2014 8 NOTICE OF AMENDED TABLE OF CONTENTS by John Parks Trowbridge, Jr. re 7 Answer to Complaint. (mjc, ) (Entered: 08/08/2014) 08/11/2014 9 NOTICE of Amended Table of Contents by John Parks Trowbridge, Jr. re 7 Answer to Complaint (mll, ) (Entered: 08/11/2014) 08/20/2014 10 AMENDED ANSWER to 1 Complaint, by John Parks Trowbridge, Jr.. (mll, ) (Entered: 08/21/2014) 09/11/2014 11 ORDER REFERRING CASE to Magistrate Judge K. Nicole Mitchell. Signed by Judge Michael H. Schneider on 09/11/14. (mll, ) (Entered: 09/12/2014) 09/15/2014 12 ORDER that this civil action is TRANSFERRED to the Lufkin Division. Signed by Magistrate Judge K. Nicole Mitchell on 09/15/14. (mll, ) (Entered: 09/16/2014) 09/16/2014 13 MOTION to Dismiss United States' Motion to Dismiss Tyler County Tax Office by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit Gov Ex A, # 2 Exhibit Gov Ex B, # 3 Text of Proposed Order Order Dismissing Tyler County Tax Office) (Smeltzer, Joshua) (Entered: 09/16/2014) 09/16/2014 14 MOTION for Default Judgment as to Bright Future Investments, Inc. and Ideal Abilities by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order Default Judgment)(Smeltzer, Joshua) (Entered: 09/16/2014) Page 2 of 7
09/16/2014 Case transferred in from Tyler Division on 09/16/2014. Case Number 6:14-cv-595. Case assigned to Judge Ron Clark.(ljw, ) (Entered: 09/16/2014) 09/16/2014 In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (ljw, ) (Entered: 09/16/2014) 09/17/2014 15 ORDER GOVERNING PROCEEDINGS. The case is SET for a Rule 16 management conference on November 25, 2014, at 9:00 a.m., in Courtroom #2, Jack Brooks Federal Building, 300 Willow Street, Beaumont, Texas. Rule 26(f) attorney conference on or before: October 7, 2014. Signed by Judge Ron Clark on 9/17/14. (ljw, ) (Entered: 09/17/2014) 09/25/2014 16 ACKNOWLEDGMENT OF RECEIPT by John Parks Trowbridge, Jr. as to 15 Order Setting a Hearing. (ljw, ) (Entered: 09/25/2014) 09/26/2014 17 ORDER granting 13 Motion to dismiss without prejudice defendant Tyler County Tax Office. Signed by Judge Ron Clark on 9/26/14. (tkd, ) (Entered: 09/26/2014) 10/09/2014 18 STRICKEN PER ORDER 24 JUDICIAL NOTICE: Certain Legislative Facts, Rules of Statutory Contruction, and a Clarifying Note From the Secretary of the Treasury by John Parks Trowbridge, Jr. (ljw, ) Modified on 11/19/2014 (ljw, ). (Entered: 10/14/2014) 10/17/2014 19 OBJECTION to Denial of Due Process of Law filed by John Parks Trowbridge, Jr.. (ljw, ) (Entered: 10/23/2014) 10/24/2014 20 MOTION to Disregard 's Request for Judicial Notice by John Parks Trowbridge, Jr.. (ljw, ) (Entered: 10/29/2014) 10/29/2014 21 MOTION for the Court to Certify the Court's Order Governing Proceedings 15 for Interlocutory Appeal and Stay Proceedings Pending Outcome of Said Appeal with Memorandum in Support by John Parks Trowbridge, Jr.. (ljw, ) (Entered: 10/29/2014) 11/07/2014 22 RESPONSE in Opposition re 21 MOTION for the Court to Certify the Court's Order Governing Proceedings 15 for Interlocutory Appeal and Stay Proceedings Pending Outcome of Said Appeal with Memorandum in Support United States' Opposition to John Parks Trowbridge, Jr.'s Motion for Interlocutory Appeal and Stay of Proceedings filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit Gov Ex A)(Smeltzer, Joshua) (Entered: 11/07/2014) 11/10/2014 23 REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Exhibit Gov Ex A) (Smeltzer, Joshua) (Entered: 11/10/2014) 11/18/2014 24 ORDER that the Clerk is directed to strike Trowbridge's request for judicial notice 18 and Trowbridge's motion to strike 20 is GRANTED. Signed by Judge Ron Clark on 11/18/14. (ljw, ) (Entered: 11/19/2014) Page 3 of 7
11/18/2014 25 ORDER denying 21 Trowbridge's motion for an interlocutory appeal. Signed by Judge Ron Clark on 11/18/14. (ljw, ) (Entered: 11/19/2014) 11/20/2014 26 ORDER that Plaintiff United States' Request for Entry of Default Judgment 14 is DENIED WITHOUT PREJUDICE. Signed by Judge Ron Clark on 11/20/14. (ljw, ) (Entered: 11/21/2014) 11/20/2014 28 Reply to United States' Opposition to 's Motion for Interlocutory Appeal and Stay of Proceedings filed by John Parks Trowbridge, Jr.. (ljw, ) (Entered: 11/24/2014) 11/21/2014 27 PLEASE IGNORE, ATTORNEY MUST ATTACH THE AFFIDAVIT TO THIS REQUEST Request by UNITED STATES OF AMERICA for Clerk's Entry of Default against Bright Future Investments, Inc., Ideal Abilities. (Attachments: # 1 Text of Proposed Order Clerk's Entry of Default)(Smeltzer, Joshua) Modified on 11/25/2014 (ljw, ). (Entered: 11/21/2014) 11/21/2014 ***FILED IN ERROR by Attorney. Document # 27, Request for Clerks Entry of Default. PLEASE IGNORE. Attorney must refile and attach the Affidavit.*** (ljw, ) (Entered: 11/25/2014) 11/25/2014 29 Minute Entry for proceedings held before Judge Ron Clark: Scheduling Conference held on 11/25/2014. Scheduling Order will be entered. (Court Reporter Chris Bickham\.) (fal, ) (Entered: 11/25/2014) 11/25/2014 31 MOTION for Recusal by John Parks Trowbridge, Jr.. (ljw, ) (Entered: 11/26/2014) 11/25/2014 32 SCHEDULING ORDER: Docket Call and Final Pretrial Conference is set for 7/23/2015 at 1:30 PM in Ctrm 13 (Lufkin) via Video before Judge Ron Clark. Jury Selection and Trial are set for 7/27/2015 at 10:30 AM in Ctrm 102 (Lufkin) before Judge Ron Clark. Signed by Judge Ron Clark on 11/25/14. (ljw, ) (Entered: 11/26/2014) 11/26/2014 30 Request by UNITED STATES OF AMERICA for Clerk's Entry of Default against Bright Future Investments, Inc., Ideal Abilities. (Attachments: # 1 Affidavit Affidavit in Support of Clerk's Entry of Default for Bright Future Investments, Inc., # 2 Affidavit Affidavit in Support of Clerk's Entry of Default for Ideal Abilities, # 3 Clerk's Entry of Default)(Smeltzer, Joshua) (Entered: 11/26/2014) 12/04/2014 33 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Scheduling Conference held on November 25, 2014 before Judge Ron Clark. Court Reporter: Christina Bickham,Telephone number: 409-654-2891. <P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov<p> Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 12/29/2014. Redacted Transcript Deadline set for 1/8/2015. Release of Transcript Restriction set for 3/9/2015. (Chris Bickham, ) (Entered: 12/04/2014) Page 4 of 7
12/05/2014 34 Clerk's ENTRY OF DEFAULT as to Bright Future Investments, Inc. & Ideal Abilities. (ljw, ) (Entered: 12/05/2014) 12/05/2014 35 ACKNOWLEDGMENT OF RECEIPT by John Parks Trowbridge, Jr. as to 32 Scheduling Order. (ljw, ) (Entered: 12/05/2014) 12/17/2014 36 Digital Audio Recording Request by John Parks Trowbridge, Jr. for proceedings held on 11/25/14 before Judge Ron Clark. (ljw, ) (Entered: 12/17/2014) 12/29/2014 37 PLEASE IGNORE, FILED IN ERROR Request by UNITED STATES OF AMERICA for Clerk's Entry of Default against Bright Future Investments, Inc., Ideal Abilities. (Attachments: # 1 Text of Proposed Order Default Judgment)(Smeltzer, Joshua) Modified on 1/6/2015 (ljw, ). (Entered: 12/29/2014) 12/29/2014 38 MOTION for Default Judgment as to Bright Future Investments, Inc. and Ideal Abilities by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order Default Judgment)(Smeltzer, Joshua) (Entered: 12/29/2014) 12/29/2014 ***FILED IN ERROR by Attorney. Document # 37, Request for Clerk's Entry of Default. PLEASE IGNORE.*** (ljw, ) (Entered: 01/06/2015) 01/13/2015 39 ORDER transferring this case to Judge Michael Schneider. Signed by Judge Ron Clark on 1/7/2015. (bjc, ) (Entered: 01/13/2015) 01/13/2015 Case reassigned to Judge Michael H. Schneider. Judge Ron Clark no longer assigned to the case. (bjc, ) (Entered: 01/13/2015) 01/27/2015 40 ORDER REFERRING CASE to Magistrate Judge Keith F. Giblin for all pretrial proceedings. Signed by Judge Michael H. Schneider on 1/16/15. (ljw, ) (Entered: 01/27/2015) 03/25/2015 41 NOTICE by UNITED STATES OF AMERICA re 34 Clerk's Entry of Default Notice of No Oppositon (Smeltzer, Joshua) (Entered: 03/25/2015) 04/24/2015 42 MOTION for Summary Judgment United States' Motion for Summary Judgment and Memorandum in Support by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit Gov Ex A, # 2 Exhibit Gov Ex B, # 3 Exhibit Gov Ex C-1, # 4 Exhibit Gov Ex C-2, # 5 Exhibit Gov Ex D, # 6 Exhibit Gov Ex E, # 7 Exhibit Gov Ex F, # 8 Exhibit Gov Ex G, # 9 Exhibit Order)(Smeltzer, Joshua) (Entered: 04/24/2015) 05/11/2015 43 RESPONSE and Objection to 42 MOTION for Summary Judgment United States' Motion for Summary Judgment and Memorandum in Support filed by John Parks Trowbridge, Jr.. (Attachments: # 1 Part 2, # 2 Text of Proposed Order)(ljw, ) (Entered: 05/14/2015) 06/24/2015 44 MOTION to Continue United States' Motion to Continue Pre-Trial and Trial Deadlines by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order Order)(Smeltzer, Joshua) (Entered: 06/24/2015) 07/14/2015 45 ORDER granting 44 Motion to Continue Pre-Trial and Trial Deadlines. All deadlines Page 5 of 7
and court settings in this case are TERMINATED at this time. The undersigned will reinstate the case for trial and set corresponding pretrial deadlines as necessary after the Court issues a final ruling on the pending case-dispositive motions in this matter. Signed by Magistrate Judge Keith F. Giblin on 7/4/15. (ljw, ) (Entered: 07/14/2015) 07/23/2015 46 MOTION to Dismiss, with prejudice by John Parks Trowbridge, Jr.. (ljw, ) (Entered: 07/24/2015) 07/23/2015 47 NOTICE to the Court by John Parks Trowbridge, Jr. (ljw, ) (Entered: 07/24/2015) 07/24/2015 48 RESPONSE in Opposition re 46 MOTION to Dismiss United States' Opposition to John Parks Trowbridge, Jr.'s Motion to Dismiss (Dkt. #46) filed by UNITED STATES OF AMERICA. (Smeltzer, Joshua) (Entered: 07/24/2015) 07/27/2015 49 NOTICE of Correspondence to the Court by John Parks Trowbridge, Jr. (ljw, ) (Entered: 07/27/2015) 08/07/2015 50 ORDER denying 31 Motion for Recusal. Signed by Magistrate Judge Keith F. Giblin on 8/7/15. (ljw, ) (Entered: 08/07/2015) 08/12/2015 51 ACKNOWLEDGMENT OF RECEIPT by John Parks Trowbridge, Jr. on 7/20/15 as to 45 Order on Motion to Continue. (ljw, ) (Entered: 08/13/2015) 08/18/2015 52 REPORT AND RECOMMENDATIONS re 38 MOTION for Default Judgment as to Bright Future Investments, Inc. and Ideal Abilities filed by UNITED STATES OF AMERICA. Signed by Magistrate Judge Keith F. Giblin on 8/18/15. (ljw, ) (Entered: 08/18/2015) 08/31/2015 53 OBJECTION to 52 Report and Recommendations by John Parks Trowbridge, Jr.. (ljw, ) (Entered: 08/31/2015) 08/31/2015 54 OBJECTION to Denial of Due Process Law by John Parks Trowbridge, Jr. (ljw, ) (Entered: 08/31/2015) 09/02/2015 55 RESPONSE to 54 Notice (Other), 53 Objection to Report and Recommendations United States' Response to John Parks Trowbridge, Jr's Objection to Proceedings (Dkt #53) and Objection to Denial of Due Process of Law (Dkt #54) filed by UNITED STATES OF AMERICA. (Smeltzer, Joshua) (Entered: 09/02/2015) 09/02/2015 56 ACKNOWLEDGMENT OF RECEIPT by John Parks Trowbridge, Jr. on 8/31/2015 as to 52 Report and Recommendations. (gsg) (Entered: 09/03/2015) 09/10/2015 57 MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION ON DEFAULT JUDGMENTAND ENTRY OF PARTIAL JUDGMENT. Signed by Judge Michael H. Schneider on 9/10/15. (ljw, ) (Entered: 09/11/2015) 09/14/2015 58 DEFENDANT'S OBJECTION TO DENIAL OF DUE PROCESS OF LAW AND DEMAND FOR DISCLOSURE OF THE CONSTITUTIONAL AUTHORITY THAT GIVES THE COURT THE CAPACITY TO TAKE JURISDICTION AND ENTER JUDGMENTS, ORDERS, AND DECREES IN FAVOR OF THE UNITED STATES ARISING FROM A CIVIL OR CRIMINAL PROCEEDING REGARDING A DEBT, IN TYLER COUNTY, TEXAS by John Parks Trowbridge, Jr.. (ljw, ) (Entered: Page 6 of 7
09/14/2015) 09/30/2015 59 DEMAND FOR DISMISSAL, WITH PREJUDICE, OF THIS ALLEGED CASE FOR LACK OF CONSTITUTIONAL AUTHORITY THAT GIVES THE COURT THE CAP A CITY TO TAKE JURISDICTION AND ENTER JUDGMENTS, ORDERS, AND DECREES IN FAVOR OF THE UNITED STATES ARISING FROM A CIVIL OR CRIMINAL PROCEEDING REGARDING A DEBT, IN TYLER COUNTY, TEXAS by John Parks Trowbridge, Jr.. (ljw, ) (Entered: 10/01/2015) PACER Login: PACER Service Center Transaction Receipt 11/02/2015 19:41:24 lc1263:2854103:0 Client Code: Description: Docket Report Billable Pages: Search Criteria: 5 Cost: 0.50 9:14-cv-00138- MHS-KFG Page 7 of 7