IOWASKA CHURCH OF HEALING v. RETTIG

1:21-cv-02475 | District Of Columbia District Court

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Division Washington, DC
Judge Judge Beryl A. Howell
Filed Sept. 22, 2021
Terminated March 31, 2023
Case Flags APPEAL, CLOSED, and TYPE-E
Nature of Suit 890 Statutory Actions - Other
Cause 42:2000 Religion
Jury Demand None
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Filing Date # Docket Text
11/22/2024USCA Mandate
11/24/2023NOTICE of Name and Email Address Change by CHARLES P. RETTIG, UNITED STATES OF AMERICA (Miller, Emily) (Entered: 11/24/2023)
6/1/2023USCA Case Number 23-5122 for 33 Notice of Appeal to DC Circuit Court filed by IOWASKA CHURCH OF HEALING. (znmw) (Entered: 06/02/2023)
5/30/2023Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid re 33 Notice of Appeal to DC Circuit Court. (zed) (Entered: 05/30/2023)
5/26/2023NOTICE OF APPEAL TO DC CIRCUIT COURT as to 31 Order on Motion for Summary Judgment by IOWASKA CHURCH OF HEALING. Filing fee $ 505, receipt number ADCDC-10097723. Fee Status: Fee Paid. Parties have been notified. (Boatwright, William) (Entered: 05/26/2023)
3/31/2023MEMORANDUM OPINION regarding plaintiff's 20 Motion for Summary Judgment and defendants' 23 Cross-Motion for Summary Judgment. Signed by Judge Beryl A. Howell on March 31, 2023. (lcbah4) (Entered: 03/31/2023)
3/31/2023ORDER DENYING plaintiff's 20 Motion for Summary Judgment and GRANTING defendants' 23 Cross-Motion for Summary Judgment. See Order for further details. Signed by Judge Beryl A. Howell on March 31, 2023. (lcbah4) (Entered: 03/31/2023)
9/8/2022NOTICE of Filing Courtesy Copy of Exhibits by CHARLES P. RETTIG, UNITED STATES OF AMERICA re 29 Administrative Record, (Miller, Emily) (Entered: 09/08/2022)
9/6/2022ADMINISTRATIVE RECORD and Index of Exhibits by CHARLES P. RETTIG, UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7, # 7 Exhibit 8, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 14, # 13 Exhibit 15, # 14 Exhibit 17, # 15 Exhibit 18)(Miller, Emily) (Entered: 09/06/2022)
9/2/2022MINUTE ORDER (paperless) GRANTING plaintiff's 28 Unopposed Motion for Leave to Amend Statement of Material Facts and Statement of Points of Law and Authority, DENYING AS MOOT plaintiff's 27 Unopposed Motion for Leave to Amend Statement of Material Facts and Statement of Points of Law and Authority, and DIRECTING plaintiff to file on the docket the revised motion for summary judgment materials, submitted as exhibits to 28 Unopposed Motion for Leave to Amend. Signed by Chief Judge Beryl A. Howell on September 2, 2022. (lcbah2) (Entered: 09/02/2022)
9/1/2022Unopposed MOTION to Amend/Correct 20 MOTION for Summary Judgment For Leave to Amend Statement of Material Facts & Points of Law & Authority by IOWASKA CHURCH OF HEALING. (Attachments: # 1 Exhibit Amended Statement of Material Facts, # 2 Exhibit Redlined Amended Statement of Material of Facts, # 3 Exhibit Amended Statement of Points of Law and Authority, # 4 Exhibit Redlined Amended Statement of Points of Law and Authority, # 5 Text of Proposed Order)(Boatwright, William) (Entered: 09/01/2022)
9/1/2022Unopposed MOTION to Amend/Correct 20 MOTION for Summary Judgment for Leave to Amend Statement of Material Facts & Points of Law & Authority by IOWASKA CHURCH OF HEALING. (Boatwright, William) (Entered: 09/01/2022)
9/1/2022REPLY to opposition to motion re 23 MOTION for Summary Judgment filed by CHARLES P. RETTIG, UNITED STATES OF AMERICA. (Miller, Emily) (Entered: 09/01/2022)
8/2/2022REPLY to opposition to motion re 20 MOTION for Summary Judgment filed by IOWASKA CHURCH OF HEALING. (Boatwright, William) Modified on 8/2/2022 to add docket relationship (zed). (Entered: 08/02/2022)
8/1/2022NOTICE OF ERROR re 24 Memorandum in Opposition; emailed to bill.boatwright@dentons.com, cc'd 8 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following deficiency and file/refile document as instructed, 2. Two-part document; second docket entry is required, 3. Please also file using event Reply to Opposition. (zed, ) (Entered: 08/01/2022)
8/1/2022Memorandum in opposition to re 23 Motion for Summary Judgment and Reply to Defendants' Opposition to Plaintiff's Motion filed by IOWASKA CHURCH OF HEALING. (Boatwright, William) (Entered: 08/01/2022)
7/1/2022 MOTION for Summary Judgment by CHARLES P. RETTIG, UNITED STATES OF AMERICA. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Miller, Emily) (Entered: 07/01/2022)
7/1/2022Memorandum in opposition to re 20 MOTION for Summary Judgment filed by CHARLES P. RETTIG, UNITED STATES OF AMERICA. (Attachments: # 1 Response to Plaintiff's Statement of Material Facts, # 2 Text of Proposed Order)(Miller, Emily) (Entered: 07/01/2022)
6/16/2022MINUTE ORDER (paperless) DENYING plaintiff's unopposed 21 Motion to File Separate Appendix and DIRECTING the parties to file a joint appendix containing the portions of the administrative record relied upon by both parties in their briefing as directed in the Feb. 9, 2022 Scheduling Order and Local Civil Rule 7(n). Signed by Chief Judge Beryl A. Howell on June 16, 2022. (lcbah2) (Entered: 06/16/2022)
6/15/2022 MOTION for Leave to File Plaintiff's Unresisted Motion to File Separate Appendix by IOWASKA CHURCH OF HEALING. (Attachments: # 1 Text of Proposed Order)(Boatwright, William) Modified event title on 6/16/2022 (znmw). (Entered: 06/15/2022)
5/31/2022 MOTION for Summary Judgment by IOWASKA CHURCH OF HEALING. (Attachments: # 1 Statement of Facts, # 2 Appendix, # 3 Memorandum in Support Statement of Points of Law, # 4 Text of Proposed Order)(Boatwright, William) (Entered: 05/31/2022)
5/31/2022 ENTERED IN EORROR.....MOTION for Summary Judgment by IOWASKA CHURCH OF HEALING. (Boatwright, William) Modified on 6/1/2022 per counsel request (zeg). (Entered: 05/31/2022)
5/4/2022AFFIDAVIT re 16 Amended Complaint by IOWASKA CHURCH OF HEALING. (Boatwright, William) (Entered: 05/04/2022)
5/4/2022 ANSWER to 16 Amended Complaint by CHARLES P. RETTIG, UNITED STATES OF AMERICA.(Miller, Emily) (Entered: 05/04/2022)
4/21/2022AMENDED COMPLAINT for Declaratory Relief against All Defendants filed by IOWASKA CHURCH OF HEALING.(Boatwright, William) (Entered: 04/21/2022)
4/18/2022MINUTE ORDER (paperless) GRANTING plaintiff's 15 Motion for Leave to Join Additional Defendant, Re-Caption Case, and Filed Amended Complaint ("Pl.'s Mot."). Under Fed. R. Civ. P. 15(a)(2), after a responsive pleading has been served, a plaintiff may only file an amended complaint with the opposing party's consent or with leave of court. The Court "should freely give leave when justice so requires." Id. However, "[l]eave may be denied in cases involving 'undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of the allowance of the amendment, [and] futility of amendment." Palacios v. MedStar Health Inc., 298 F. Supp. 3d 87, 90 (D.D.C. 2018) (citing Foman v. Davis, 371 U.S. 178, 182 (1962)). Here, plaintiff seeks to file its first amended complaint only to add the United States as a named party to this litigation, with the factual allegations remaining unchanged from the original complaint. See Pl.s Mot. at 4. The government agrees that the United States of America "may and should be added as an additional named party pursuant to this Court's jurisdiction under 28 U.S.C. § 1346(e)." Id. Accordingly, plaintiff is directed to file the Amended Complaint attached to its motion for leave. The Clerk of the Court is further directed to add the United States of America as a named defendant to this case. Signed by Chief Judge Beryl A. Howell on April 18, 2022. (lcbah2) (Entered: 04/18/2022)
4/8/2022 MOTION to Amend/Correct 1 Complaint, and Join Additional Defendant by IOWASKA CHURCH OF HEALING. (Boatwright, William) (Entered: 04/08/2022)
2/9/2022Set/Reset Deadlines: Dispositive Motion due by 6/1/2022; cross-motion and opposition to dispositive motion due by 7/1/2022; opposition to cross-motion and reply to opposition to dispositive motion due by 8/1/2022; reply to opposition to cross-motion due by 9/1/2022; appendix to the administrative record due by 9/15/2022. (ztg) (Entered: 02/09/2022)
2/9/2022MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' 14 Meet and Confer Statement, the following SCHEDULING ORDER:

(1) by June 1, 2022, plaintiff shall file any dispositive motions;

(2) by July 1, 2022, defendant shall file any cross-motion and/or opposition to plaintiff's motion;

(3) by August 1, 2022, plaintiff shall file any opposition to defendant's cross motion and/or reply in support for any dispositive motion;

(4) by September 1, 2022, defendant shall file any reply in support of his cross-motion; and

(5) by September 15, 2022, any appendix to the administrative record shall be filed.

Signed by Chief Judge Beryl A. Howell on February 9, 2022. (lcbah2) (Entered: 02/09/2022)
2/8/2022MEET AND CONFER STATEMENT. (Boatwright, William) (Entered: 02/08/2022)
12/20/2021NOTICE of Certified List of Contents of Administrative Record by CHARLES P. RETTIG (Attachments: # 1 Certification of Index, # 2 Index to Administrative Record)(Miller, Emily) (Entered: 12/20/2021)
12/20/2021NOTICE of Appearance by Kristina Marie Portner on behalf of CHARLES P. RETTIG (Portner, Kristina) (Entered: 12/20/2021)
11/26/2021 ANSWER to Complaint by CHARLES P. RETTIG.(Miller, Emily) (Entered: 11/26/2021)
10/26/202110RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CHARLES P. RETTIG served on 9/27/2021, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/28/2021., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/28/2021. ( Answer due for ALL FEDERAL DEFENDANTS by 11/27/2021.) (See Docket Entry 9 to view document). (eg) (Entered: 11/01/2021)
10/26/2021AFFIDAVIT of Mailing by IOWASKA CHURCH OF HEALING. (Boatwright, William) (Entered: 10/26/2021)
9/30/2021ERRATA Omitted signature on original proof of service, attached is corrected paged by IOWASKA CHURCH OF HEALING re 7 Notice of Appearance filed by IOWASKA CHURCH OF HEALING. (Gilmer, Michael) (Entered: 09/30/2021)
9/30/2021NOTICE of Appearance by Michael A. Gilmer on behalf of All Plaintiffs (Gilmer, Michael) (Entered: 09/30/2021)
9/29/2021NOTICE of Appearance by William A. Boatwright on behalf of All Plaintiffs (Boatwright, William) (Entered: 09/29/2021)
9/23/2021 MINUTE ORDER (paperless) GRANTING plaintiff's 4 Motion for Admission Pro Hac Vice of Attorney Michael A. Gilmer. Mr. Gilmer may enter an appearance pro hac vice for the purpose of representing plaintiff in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Chief Judge Beryl A. Howell on September 23 , 2021. (lcbah2) (Entered: 09/23/2021)
9/23/2021MINUTE ORDER (paperless) GRANTING plaintiff's 3 Motion for Admission Pro Hac Vice of Attorney William A. Boatwright. Mr. Boatwright may enter an appearance pro hac vice for the purpose of representing plaintiff in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Chief Judge Beryl A. Howell on Septe mber 23, 2021. (lcbah2) (Entered: 09/23/2021)
9/23/2021STANDING ORDER. Signed by Chief Judge Beryl A. Howell on September 23, 2021 (lcbah2) (Entered: 09/23/2021)
9/23/2021 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael A. Gilmer, Filing fee $ 100, receipt number ADCDC-8753688. Fee Status: Fee Paid. by IOWASKA CHURCH OF HEALING. (Attachments: # 1 Exhibit A - Declaration of Michael A. Gilmer, # 2 Text of Proposed Order)(Pfaehler, Kenneth) (Entered: 09/23/2021)
9/23/2021 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- William A. Boatwright, Filing fee $ 100, receipt number ADCDC-8753670. Fee Status: Fee Paid. by IOWASKA CHURCH OF HEALING. (Attachments: # 1 Exhibit A - Declaration of William A. Boatwright, # 2 Text of Proposed Order)(Pfaehler, Kenneth) (Entered: 09/23/2021)
9/23/2021SUMMONS (3) Issued Electronically as to CHARLES P. RETTIG, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 09/23/2021)
9/23/2021Case Assigned to Chief Judge Beryl A. Howell. (znmg) (Entered: 09/23/2021)
9/22/2021COMPLAINT for Declaratory Relief against CHARLES P. RETTIG , in his Official Capacity as Commissioner of the Internal Revenue Service ( Filing fee $ 402 receipt number ADCDC-8749187) filed by IOWASCA CHURCH OF HEALING. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to Charles P. Rettig, # 3 Summons to U.S. Attorney, # 4 Summons to U.S. Attorney General)(Pfaehler, Kenneth) (Entered: 09/22/2021)