United States of America v. Bogart et al

Filing 55

INITIAL CASE MANAGEMENT ORDER: Discovery due by 4/30/2013. Dispositive Motions due by 5/31/2013. Telephone Conference set for 11/28/2012 at 10:00 AM CST. To participate in the conference call, parties will call 615-695-2851 at the scheduled time. Aft er consulting with Judge Sharp's courtroom deputy, this matter is set for Bench Trial on 11/29/2013 at 9:00 AM. Pretrial Conference set for 10/28/2013 at 1:30 PM before District Judge Kevin H. Sharp. Signed by Magistrate Judge Joe Brown on 10/4/12. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
UNITED STATES OF AMERICA,
Plaintiff
v.
DUSTIN B. BOGART, et al.,
Defendants

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No. 3:12-0179
Judge Sharp/Brown

INITIAL CASE MANAGEMENT ORDER
Pursuant to Local Rule 16.01(d)(2), the following Initial
Case Management Plan is adopted.
1.

Jurisdiction:

The United States believes that

jurisdiction over this action is conferred upon this Court by
virtue of 26 U.S.C. §§ 7402 and 7403, and 28 U.S.C. §§ 1331, 1340,
and 1345. Additionally, venue is proper in this district and
division under 28 U.S.C. § 1391(b)(1), because the defendants claim
permanent residence within this judicial district, and under 28
U.S.C. § 1391(b)(2), because the Real Property to be foreclosed is
located within this judicial district, at 5380 State Route 147,
Stewart, Tennessee. The United States believes that all defendants
have been properly served.
The defendants appear to be challenging the jurisdiction
of this Court and have filed a motion to dismiss arguing that the
District Court lacks jurisdiction to entertain this action against
them because the Complaint fails to show that the action was
authorized as required by 26 U.S.C. § 7401. Additionally, the

defendants appear to be challenging service on Southern Country
Ranch.
2.

Plaintiff’s Theory of the Case:

The United States

alleges that the defendant, Dustin B. Bogart, has unpaid tax
liabilities for the 2000, 2001, 2002, and 2003 tax years in the
total amount of $284,074, as of February 13, 2012, and is seeking
a judgment regarding that unpaid tax liability.
As a result of the unpaid tax liabilities, the United
States had Federal tax liens against all property and rights to
property of Mr. Bogart. The United States is now seeking to
foreclose its tax liens against the Real Property located at 380
State Route 147, Stewart, TN 37175, and to have the property sold
to satisfy Mr. Bogart’s outstanding tax liabilities.
Title to the real property is currently in the name of
Southern Country Ranch. The United States alleges that Southern
Country Ranch is a nominee of Mr. Bogart because Mr. Bogart has
retained all of the benefits and is responsible for all of the
burdens of ownership of the property, including but not limited to
payment of real estate taxes, maintenance of the property, and use
of the property.
Alternatively, if Southern Country Ranch is not the
nominee of the Mr. Bogart, the United States contends that Southern
Country Ranch acquired the real property from the Mr. Bogart in a
fraudulent conveyance because Mr. Bogart provided the funds used to

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acquire the property, which was done to hinder, delay, or defeat
the Internal Revenue Service from collecting Mr. Bogart's tax
liabilities.
3.

Defendants’ Theory of the Case: Mr. Jerry Spears has

participated in the telephone conference.

Mr. Spears advised that

he was the trustee and manager of Southern Country Ranch and that
the Bogarts do not live there and have no present connection with
the ranch.

He stated that the property is rented out.

Mr. Spears

stated that he would be willing to accept service of process on
behalf of Southern Country Ranch at the address previously used
(Docket Entry 8) of 5380 State Route 147, Stewart, Tennessee 37175.
Counsel for the Government advised that they would send him a
formal service of process by certified mail.
The Clerk will enter Mr. Spears as an interested party
for the purpose of receiving orders in this matter. The Magistrate
Judge did advise Mr. Spears that it was his opinion that because
Southern Country Ranch was not a natural person, it would have to
be represented by an attorney in this proceeding.
The

Bogarts

deny

liability

insofar

as

the

Southern

Country Ranch, and for the purpose of this proceeding, deny the
amount of liability claimed by the Government.
4.

Identification of Issues:

At this point in the

litigation, the defendant has not answered the Complaint but is
instead challenging this Court’s subject matter jurisdiction over
this action and is challenging proper service on Southern Country
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Ranch. Once the Complaint is answered, the parties can determine if
any of the issues alleged in the Complaint have been resolved.
5.

Need for other claims or special issues under Rules

13-15, 17-21, and Rule 23 of the Federal Rules of Civil Procedure:
The United States does not anticipate joining any other parties or
claims in this case.
6.

Witnesses, subject to supplementation by each party:

At this time, the only witnesses the United States is aware of with
information relevant to this case are the defendants, Dustin B.
Bogart and Marcy A. Bogart.
7.

Initial Disclosures and Staging of Discovery:
A.

All discovery shall be completed by the close

of business on April 30, 2013.

All written discovery shall be

submitted in sufficient time so that the response shall be in hand
by April 30, 2013. All discovery related motions shall be filed by
the close of business on May 14, 2013.
B.

Prior to filing any discovery-related motion

the parties will schedule and conduct a telephone conference with
the Magistrate Judge. The counsel requesting the conference shall
check with opposing counsel as to their availability before setting
a time certain with the Court.
8.

Dispositive motions:

filed on or before May 31, 2013.

Dispositive motions will be

Responses to dispositive motions

shall be filed within 28 days after service.

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Briefs shall not

exceed 25 pages. Optional replies, limited to five pages, shall be
filed within 14 days after service of the response. If dispositive
motions are filed early, the response and reply dates are moved up
accordingly.
9.

Other deadlines: At this time, the United States

does not foresee the need for other deadlines in this case.
10.

Alternative dispute resolution:

During the course

of the case management conference the Bogarts and Mr. Spears
advised that they would like to propose a potential resolution in
this matter.

Counsel for the Government advised that they could

certainly send him a proposal and he would be willing to schedule
a telephone conference with them about their proposal. Mr. Lambert
did point out that the case now is in the hands of the Department
of Justice for litigation and that any settlements will have to go
through the Department of Justice, subject to input from the
Internal Revenue Service.
11. Consent to trial before the Magistrate Judge: The
parties do not consent to trial before the Magistrate Judge.
12.

Subsequent case management conferences: A telephone

conference with Magistrate Judge Brown to discuss case progress is
set for November 28, 2012, at 10:00 a.m. CST.
the

conference

call,

parties

will

scheduled time.

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call

To participate in

615-695-2851

at

the

13.

Target trial date:

The United States anticipates

that this will be a bench trial that will last two days.

Should

Southern Country Ranch request a jury, then the Magistrate Judge
estimates that it would take three days depending on what issues
remain for trial.

After consulting with Judge Sharp’s courtroom

deputy, this matter is set for trial on November 29, 2013, at 9:00
a.m.

Judge Sharp will conduct the final pretrial conference on

October 28, 2013, at 1:30 p.m.

Judge Sharp will issue a separate

order covering his requirements for the final pretrial conference
and the trial.
14.

Mr. Bogart requested a copy of the recording of the

telephone conference and the Magistrate Judge has emailed Mr.
Bogart a copy of the digital recording.
The Clerk is directed to add Mr. Bogart’s email address
to the docket: [e-mail].
It is so ORDERED.

/s/ Joe B. Brown
JOE B. BROWN
United States Magistrate Judge

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