Hohman al v. Eadie et al

Filing 39

ORDER Concerning Limited Discovery. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JODI C. HOHMAN et al.,
Plaintiffs,

Case No. 16-cv-11429
Hon. Matthew F. Leitman

v.
UNITED STATES OF AMERICA, et al.,
Defendants.
___________________________________/
ORDER CONCERNING LIMITED DISCOVERY
On January 17, 2017, Defendant United States of America filed a Motion to
Dismiss for Lack of Subject-Matter Jurisdiction (the “Motion”). (See ECF #32.)
Plaintiffs have requested limited jurisdictional discovery in their response to the
Motion. (See Response, ECF #35 at Pg. ID 434-447.) The Court held a hearing on
the Motion on April 18, 2017. For the reasons stated on the record, the Court will
grant limited discovery as follows:
1. By no later than May 3, 2017, counsel for the United States of America
shall submit to the Court, for in camera review, unredacted copies of the
John Doe summons issued on September 25, 2015 (identified in the First
Amended Complaint as the “First John Doe Summons”) and the John Doe
summons issued on September 30, 2015 (identified in the First Amended

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Complaint as the “Second John Doe Summons”). (See First Amended
Complaint ¶¶ 34, 53, ECF #36 at Pg. ID 500, 507.) Counsel for the United
States of America shall file the unredacted copies of the First John Doe
Summons and the Second John Doe Summons under seal, and the
summonses shall not be reviewed by anyone other than the Court.
2. Counsel for Plaintiffs may serve a subpoena for production of documents
(the “Subpoena”) on JP Morgan Chase Bank N.A. / Chase Bank USA N.A.
(“Chase Bank”) as follows:
a. On the Subpoena, Plaintiffs shall list the account numbers of any
accounts held at Chase Bank by any of the Plaintiffs on September
25, 2015 or September 30, 2015 (the “Listed Accounts”).
b. The Subpoena shall command Chase Bank to produce an unredacted
copy of any John Doe summonses that were (i) issued to Chase by
the IRS on September 25, 2015, or September 30, 2015,1 and (ii)
requested documents concerning a Listed Account.
c. The Subpoena shall also command Chase Bank to produce a copy
of all documents (if any) that Chase Bank produced to the IRS in
response to the John Doe summons that was (i) issued to Chase by

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The issue dates each summons can be found in the signature block at the bottom of
the summons.
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the IRS on September 30, 2015; and (ii) requested documents
concerning an account held in the name of Jodi C. Hohman,
individually.

To aid Chase Bank in identifying the relevant

accounts, the Subpoena shall specify the account numbers of all
accounts held at Chase Bank by Jodi C. Hohman, individually.
d. The Subpoena shall instruct Chase Bank to deliver all responsive
documents directly to the Court’s chambers by no later than May
17, 2017. The Court’s address is:
Matthew F. Leitman
United States District Judge
The Theodore Levin United States Courthouse
231 W. Lafayette Blvd, Room #251
Detroit, MI 48226
Chase Bank shall not send responsive documents to the parties or
their counsel.
e. The Subpoena need not use the exact language used by the Court in
Paragraphs 2(a) – 2(d) above. Counsel for Plaintiffs is free to use
whatever language he feels necessary to request the documents
described above, provided that the Subpoena comports with the
substance of this order.
3. By no later than May 3, 2017, counsel for Plaintiffs shall submit to the
Court, for in camera review, a list of the account numbers of all accounts

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at Chase Bank held in the name of any of the Plaintiffs on the dates of
issuance of the First John Doe Summons or Second John Doe Summons.
For each account on the list, counsel for Plaintiffs shall specify the
particular Plaintiff that is the named holder of the account. Counsel for
Plaintiffs shall file the list of accounts under seal, and the list will not be
reviewed by anyone other than the Court.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: April 19, 2017
I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on April 19, 2017, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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