03/08/2023
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140 pg, 5.42 MB DOCKETED
CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is
set as follows: Appellant Michael R. Kelly Mediation Questionnaire due
on 03/15/2023. Petitioner brief due 05/30/2023 for Michael R. Kelly.
Respondent brief due 06/26/2023 for Commissioner of Internal Revenue.
Appellant's optional reply brief is due 21 days after service of the
answering brief. [12669701] (JMR) [Entered: 03/08/2023 11:54 AM]
03/14/2023
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2 pg, 117.47 KB Filed
(ECF) Appellant Michael R. Kelly Mediation Questionnaire. Date of
service: 03/14/2023. [12673966] [23-70040] (McLaughlin, Kevan) [Entered:
03/14/2023 02:37 PM]
03/14/2023
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The Mediation Questionnaire for this case was filed on 03/14/2023. To submit pertinent confidential information directly to the Circuit Mediators, please use the following link . Confidential
submissions may include any information relevant to mediation of the
case and settlement potential, including, but not limited to, settlement
history, ongoing or potential settlement discussions, non-litigated
party related issues, other pending actions, and timing considerations
that may impact mediation efforts.[12674228]. [23-70040] (AD) [Entered:
03/14/2023 06:44 PM]
03/17/2023
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2 pg, 111.05 KB MEDIATION
ORDER FILED: By 03/27/2023, counsel to email Circuit Mediator regarding
settlement potential. Include Ninth Circuit case name and number in
subject line. This communication will be kept confidential, if
requested, and should not be filed with the court. The existing briefing
schedule remains in effect. SEE ORDER FOR DETAILS. [12676684] (VS)
[Entered: 03/17/2023 03:35 PM]
03/23/2023
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Filed (ECF) notice of appearance of
Sherra T. Wong (U.S. Department of Justice, Tax Division, Appellate
Section, Post Office Box 502, Washington, D.C. 20044) for Appellee CIR.
Substitution for Attorney Ms. Francesca Ugolini for Appellee CIR. Date
of service: 03/23/2023. (Party was previously proceeding with counsel.)
[12680073] [23-70040] (Wong, Sherra) [Entered: 03/23/2023 08:35 AM]
03/23/2023
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Attorney Francesca Ugolini in 23-70040
substituted by Attorney Sherra Wong in 23-70040 [12680356] (JFF)
[Entered: 03/23/2023 11:20 AM]
03/31/2023
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5 pg, 164.52 KB MEDIATION
CONFERENCE SCHEDULED - DIAL-IN AssessmentConference, 04/27/2023, 12:30
p.m., PACIFIC Time. The briefing schedule previously set by the court
remains in effect. See order for instructions and details. [12686343]
(VS) [Entered: 03/31/2023 10:10 AM]
04/11/2023
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29 pg, 869.02 KB FILED
PETITION FOR REVIEW. DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL.
NOTIFIED RESPONDENTS OF FILING. Mediation Questionnaire: Yes. First
cross appeal brief due 05/30/2023 for Michael R. Kelly. Second brief on
cross appeal due 06/29/2023 for Commissioner of Internal Revenue. Third
brief on cross appeal due 07/31/2023 for Michael R. Kelly. [12693039]
[23-70058, 23-70040]--[Edited 04/11/2023 by BY] (BY) [Entered:
04/11/2023 09:33 AM]
04/14/2023
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2 pg, 136.52 KB Filed
(ECF) Appellee CIR Mediation Questionnaire. Date of service:
04/14/2023. [12695531] [23-70040] (Wong, Sherra) [Entered: 04/14/2023
07:27 AM]
04/14/2023
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The Mediation Questionnaire for this case was filed on 04/14/2023. To submit pertinent confidential information directly to the Circuit Mediators, please use the following link . Confidential
submissions may include any information relevant to mediation of the
case and settlement potential, including, but not limited to, settlement
history, ongoing or potential settlement discussions, non-litigated
party related issues, other pending actions, and timing considerations
that may impact mediation efforts.[12695876]. [23-70040] (AD) [Entered:
04/14/2023 12:44 PM]
04/25/2023
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0 pg, 0 KB Filed (ECF) Tax Court Record. [12702171] [23-70040, 23-70058] (U.S. Tax Court, Records) [Entered: 04/25/2023 08:50 AM]
05/01/2023
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Filed (ECF) notice of appearance of
Douglas C. Rennie (U.S. Department of Justice, Tax Division, Appellate
Section, Post Office Box 502, Washington, D.C. 20044) for Appellee CIR
in 23-70040, Appellant CIR in 23-70058. Substitution for Attorney Sherra
Wong for Appellee CIR in 23-70040, Attorney Sherra Wong for Appellant
CIR in 23-70058. Date of service: 05/01/2023. (Party was previously
proceeding with counsel.) [12706042] [23-70040, 23-70058] (Rennie,
Douglas) [Entered: 05/01/2023 11:54 AM]
05/01/2023
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Attorney Sherra Wong substituted by
Attorney Douglas Campbell Rennie [12706288] [23-70040, 23-70058] (JFF)
[Entered: 05/01/2023 02:15 PM]
05/01/2023
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2 pg, 100.85 KB Filed
order MEDIATION (SML): A dial-in telephone conference will be held on
May 23, 2023, at
11:00 a.m. Pacific Time.
Each participant will receive an email with dial-in information.
Please notify the Mediation Office at mediation@ca9.uscourts.gov if
counsel
does not receive an email or if additional participants should be added.
The briefing schedule previously set by the court is amended as
follows:
the first brief on cross-appeal is due July 31, 2023; the second brief
on cross-appeal
is due August 28, 2023; the third brief on cross-appeal is due September
29, 2023;
the optional cross-appeal reply brief is due within 21 days from the
service date of
the third cross-appeal brief.
[12706457] [23-70040, 23-70058] (ABT) [Entered: 05/01/2023 03:18 PM]
05/25/2023
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2 pg, 100.44 KB MEDIATION
CONFERENCE SCHEDULED - DIAL-IN Conference, 06/21/2023, 11:30 a.m.,
Pacific Time. See order for details. [12722737] [23-70040, 23-70058]
(VS) [Entered: 05/25/2023 01:10 PM]
06/22/2023
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2 pg, 120.39 KB Filed
order MEDIATION (SML): A dial-in telephone conference will be held on
July 10, 2023, at 11:00 a.m. Pacific Time.
Each participant will receive an email with dial-in information.
The briefing schedule previously set by the court is amended as follows:
the first brief on cross-appeal is due September 8, 2023; the second
brief on cross-appeal is due October 10, 2023; the third brief on
cross-appeal is due November 9, 2023; the optional cross-appeal reply
brief is due within 21 days from the service date of the third
cross-appeal brief. [12741316] [23-70040, 23-70058] (AF) [Entered:
06/22/2023 02:36 PM]