Barnett v. U.S. Government

Full title: DONNA JEAN BARNETT, Plaintiff, -vs- UNITED STATES GOVERNMENT, Defendant

Court: United States District Court, M.D. Florida

Date published: Jul 14, 2003

Case No. 2:01-cv-526-FtM-29SPC (M.D. Fla. Jul. 14, 2003)

Opinion

Case No. 2:01-cv-526-FtM-29SPC

July 14, 2003

ORDER

SHERI CHAPPELL, Magistrate Judge

This matter comes before the Court on Plaintiffs Motion for Reconsideration (Doc. #35) filed on July 7, 2003, as to this Court's order denying Plaintiffs Motion to Compel Discovery.

Whether or not a motion to compel discovery is granted or denied is committed to the discretion of the trial court. Commercial Union Insurance Co. v. Westrope, 730 F.2d 729, 731 (11th Cir. 1984). Plaintiff request that this Court to reconsider her Motion to Compel based upon the Plaintiffs assertion that she did not receive a lawful Collection Due Process hearing (CDP). After reviewing the record and relevant statutory requirements, this Court finds that Plaintiffs CDP hearing was in accord with the requirements of 26 U.S.C. § 6330(c). As a result, the Court stands behind its order of June 27, 2003 denying the Plaintiffs Motion to Compel Discovery.

Accordingly, it is now

ORDERED.

Plaintiff's Motion to Reconsider this Court's denial of Plaintiffs Motion to Compel

Discovery is DENIED.