United States District Court
Middle District of Florida
Fort Myers Division

Sheri Patriot,            )
Petitioner, pro se,       )     Case No. 2:07-cv-372-FtM-34XXX
vs.                       )     Reply to Nov. 8, 2007 Order 
AmSouth Bank and          )     to Dismiss AmSouth Bank
United States of America, )
Respondents               )

COME NOW Petitioner, Sheri Patriot, pro se, states and alleges as follows:

1. Page 4 of the Nov. 8, 2007 Order (Doc. 54) states the following:

   “The Eleventh Circuit also found that “where the legality of an IRS summons is at issue, a taxpayer has a minimal right to discovery which can be fulfilled through an evidentiary hearing at the district court.”

   In the instant case, due to prior judicial errors, this Petitioner has been damaged and should be entitled to more than a ‘minimal’ right. She should be entitled to pre-hearing discovery, independent to any opposition from Respondents.

2. Also, at the bottom of Page 4 of said Order, (to correct the record), upon remand, the Clerk’s Office assigned this case on May 1, 2007 to the Honorable John E. Steele, United States District Judge, who referred the case to the Honorable Sheri Polster Chappell, United States Magistrate Judge. After Petitioner filed a motion on May 18, 2007 to recuse Judge Chappell, the Clerk’s Office reassigned the case on June 6, 2007 to the Honorable Marcia Morales Howard, United States District Judge.


3. Petitioner wants to comment at this time, that she recognizes and concurs, with regard to AmSouth Bank, this Court lacks subject matter jurisdiction, and therefore, Petitioner will not object to this Order granting dismissal of AmSouth Bank from this case. However, Petitioner states for the record, she objects to the wording of the last sentence of the second paragraph on Page 5 of the Order where it states the following:

   “The Court determines that it lacks subject matter jurisdiction and that there is no actual dispute or controversy between the Petitioner and AmSouth.”

   There is an on going lawsuit in the Lee County, Circuit Court of Florida, between the Petitioner and AmSouth Bank. Obviously, there is a dispute or controversy, and the Petitioner cannot agree with, and denies the wording in that sentence.

4. Due to the nature of this case, Petitioner requests this Court compel AmSouth Bank to complete discovery with the answers to the interrogatories and the production of the documents requested. The Bank received the Interrogatories and the Request for Documents on Oct. 22, 2007 and the Bank does has enough time to respond. These answers and documents are very relevant to this case and should be of great interest to this Court when offered as evidence (at the Dec. 10, 2007 hearing), together with the answers and documents from the remaining Respondent. If the Bank is really without fault, it should not object, especially since it has been dismissed from the instant case.
   

CONCLUSION

WHEREFORE, PREMISES CONSIDERED, Petitioner, Sheri Patriot, moves this Court to compel AmSouth Bank to complete the interrogatories and produce the documents requested by Dec. 4, 2007.

Certification of Service: I do hereby certify that on this date I have properly mailed copies of the foregoing document, postage prepaid and properly addressed to the opposing parties.

Philip Doyle, Trial Attorney         Luis E. Rivera, II & John A. Noland
U.S. Department of Justice           Henderson, Franklin, Starnes & Holt
P.O. Box 14198                AND            P.O. Box 280
Ben Franklin Station                    Fort Myers, FL  33902-0280
Washington, D.C.  20044

__________________________            ________________
Sheri Patriot,                        Date
Petitioner, pro se        
Cape Coral, FL