USA v. Alizadeh et al
| United States of America |
| Abolghassem Alizadeh, Mehran Alizadeh, Suede Blue Inc., Capital City Concepts Inc., Azita Alizadeh, Mike, Mitra Alizadeh, Voyager Restaurant Group Inc., Pegasus Restaurant Group Inc., - Abe, North Valley Food Service LLC, Lake Orta Corporation, Endeavor Restaurant Group Inc., Phoenix Restaurant Group Inc. and Lake Orta Corporation Doing business as Crush #29 |
| 2:2014cv00577 |
| February 28, 2014 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Kendall J Newman |
| Troy L Nunley |
| Taxes |
| 26 U.S.C. § 7401 |
| Defendant |
Docket Report
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This docket was last retrieved on November 14, 2017. A more recent docket listing may be available from PACER.
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Filing 70
ORDER OF DISMISSAL signed by District Judge Troy L. Nunley on 11/14/2017. The affected parties have agreed that the claims of the Amended Complaint against Azita Alizadeh may be dismissed with prejudice. ORDERING that the tax claim against Azita Alizadeh in the #4 Amended Complaint is DISMISSED with prejudice. The claim against Azita Alizadeh for injunction is DISMISSED with prejudice. ORDERING that the parties shall bear their own costs and attorney's fees. (Washington, S)
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| Filing 69 STIPULATION and PROPOSED ORDER for Dismissal of Claims Against Azita Alizadeh by United States of America. (Attachments: #1 Proposed Order, #2 Proof of Service)(Jennings, Guy) |
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Filing 68
JUDGMENT dated *11/9/2017* in favor of the United States, against Defendants pursuant to order, signed by District Judge Troy L. Nunley on 11/8/2017 DEFENDANTS are indebted to the United States for unpaid federal trust fund recovery penalties, plus interest according to 28 U.S.C. Sec 1961(c) and 26 U.S.C. Sec 6601, 6621(a)(2), from 6/30/2017, until the judgment is paid. CASE CLOSED (Reader, L)
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Filing 67
ORDER OF INJUNCTION signed by District Judge Troy L. Nunley on 11/8/2017 ORDERING that (Abe Alizadeh, Mike Alizadeh, Mitra Alizadeh, Lake Orta Corporation; Phoenix Restaurant Group, Inc.; Suede Blue, Inc.; Pegasus Restaurant Group, Inc.; Voyager Restaurant Group, Inc.; and Endeavor Restaurant Group, Inc.) and any of their officers, employees, representatives, agents, and any other person in active concert or participation with them, are prohibited from doing any of the following, described in this order; Within 30 days of entry of the injunction order, to the extent that data is available, file a complete and accurate employment tax return for any employment tax returns that are due but have not yet been filed; this Court hereby retains jurisdiction over the case to ensure compliance with its injunction and to issue and enforce all other additional decrees and orders as may be necessary and appropriate to the public interest; this injunction will terminate seven years from the date it is entered, or sooner upon the joint application of all parties. (Reader, L)
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| Filing 66 STIPULATION and PROPOSED ORDER for Entry of Judgment and Injunction by United States of America. (Attachments: #1 Proposed Judgment, #2 Stipulation for Injunction, #3 Proposed Injunction, #4 Proof of Service)(Jennings, Guy) |
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Filing 65
STIPULATION and ORDER signed by District Judge Troy L. Nunley on 09/11/17 ORDERING that the hearing on the #29 Motion for Summary Judgment is RESET for 12/14/2017 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Benson, A.)
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| Filing 64 STIPULATION and PROPOSED ORDER continuing the Motion Hearing on #29 Motion for Summary Judgment by United States of America. (Attachments: #1 Proof of Service) (Jennings, Guy) |
| Filing 63 OPPOSITION by Azita Alizadeh to #29 Motion for Summary Judgment. (Attachments: #1 Separate Statement of Facts, #2 Declaration of Azita Alizadeh, #3 Exhibit A - IRS complaint, #4 Exhibit B - Azita objection to assessment, #5 Exhibit C - Azita objection to assessment, #6 Exhibit D - IRS assessment showing different amounts, #7 Exhibit E - certified Cal Sec St filing June 2010, #8 Exhibit F - certified Cal Sec St filing Nov 2010, #9 Exhibit G - Order deeming RFAs denied, #10 Exhibit H - 2013 Mitra Alizadeh depo pages, #11 Exhibit I - McFarland decl)(Kashani, Mir) Modified on 9/8/2017 (Reader, L). |
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Filing 62
DISCOVERY ORDER signed by Magistrate Judge Kendall J. Newman on 6/22/17. Pursuant to FRCP 36(b), Azita Alizadeh's admissions, if any, to Requests for Admission Nos. 10 and 11, served 9/2/16, are withdrawn, and that instead RFAs 10 and 11, including all subparts, are deemed to have been denied by Azita Alizadeh for all purposes. If Azita fails to give candid responses at her deposition on June 19, Plaintiff may bring a motion to have the RFAs deemed admitted, on whatever legal basis is available.(Mena-Sanchez, L)
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| Filing 61 STIPULATION and Joint Request for Discovery [PROPOSED] ORDER for Relief from contended admission of RFAs by Azita Alizadeh. (Attachments: #1 Proposed Order)(Kashani, Mir) Modified on 6/22/2017 (Mena-Sanchez, L). |
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Filing 60
ORDER signed by Magistrate Judge Kendall J. Newman on 6/16/2017 DENYING #58 Ex Part Application to Stay Depositions. (Michel, G.) Modified on 6/16/2017 (Shaddox-Waldrop, A).
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Filing 59
ORDER signed by District Judge Troy L. Nunley on 6/15/2017 ORDERING that defendant Azita Alizadeh's #57 ex parte application is GRANTED. The hearing on the #29 motion for summary judgment is RESET to 9/21/2017 at 2 p.m. in Courtroom 2. Defendant Azita Alizadeh's opposition is due fourteen (14) days prior to the new hearing date. Plaintiff's reply is due in accordance with these dates. The Court hereby VACATES the Pretrial Conference set for 7/13/2017, and Trial set for 9/11/2017. (Zignago, K.)
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| Filing 58 EX PARTE APPLICATION to Stay Depositions by Abolghassem Alizadeh, Mehran Alizadeh. (Attachments: #1 Declaration Malcolm Segal, #2 Proposed Order)(Warner, Paul) Modified on 6/15/2017 (Shaddox-Waldrop, A). Modified on 6/16/2017 (Zignago, K.). |
| Filing 57 THIRD EX PARTE APPLICATION by Azita Alizadeh to Extend Time for Response to #29 Motion for Summary Judgment and Continue of Pretrial and Trial dates. (Attachments: #1 Proposed Order, #2 Exhibit "A", #3 Exhibit "B", #4 Exhibit "C")(Kashani, Mir) Modified on 6/14/2017 (Zignago, K.). |
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Filing 56
ORDER signed by Magistrate Judge Kendall J. Newman on 5/19/2017 ORDERING that the United States' #39 Motion for Discovery Sanctions is GRANTED IN PART and DENIED IN PART. (Zignago, K.)
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Filing 55
ORDER signed by District Judge Troy L. Nunley on 5/18/2017 DENYING #47 Ex Parte Application for Extension of Time as moot. (Michel, G.)
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| Filing 54 MINUTES for MOTION HEARING proceedings before Magistrate Judge Kendall J. Newman held on 5/18/2017: Court and counsel conferred regarding plaintiff's motion for discovery sanctions #39 . Matter submitted. Order to issue. Plaintiffs Counsel G. Patrick Jennings present. Defendants Counsel Paul Warner present. ECRO/CD Number: 1 of 1. (Text Only) (Caspar, M) |
| Filing 53 REPLY by United States of America re #29 Motion for Summary Judgment. (Attachments: #1 Proof of Service)(Jennings, Guy) |
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Filing 52
ORDER signed by Magistrate Judge Kendall J. Newman on 5/10/2017 ORDERING #51 Plaintiffs counsel, G. Patrick Jennings may appear telephonically for the hearing on the discovery motion. Mr. Jennings shall promptly contact the undersigned's courtroom deputy clerk to make arrangements for the telephonic appearance.(Reader, L)
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| Filing 51 REQUEST for TELEPHONIC APPEARANCE at 05/18/17 hearing on the #39 Motion for Discovery Sanctions by United States of America. (Attachments: #1 Proposed Order, #2 Proof of Service)(Jennings, Guy) |
| Filing 50 OPPOSITION by all defendants to #39 Motion for Discovery Sanctions. (Attachments: #1 Declaration, #2 Proof of Service)(Warner, Paul) |
| Filing 49 OPPOSITION to #29 Motion for Summary Judgment by all defendants. (Warner, Paul) Modified on 5/8/2017 (Benson, A). |
| Filing 48 OPPOSITION to #29 Motion for Summary Judgment by Mitra Alizadeh. (Warner, Paul) Modified on 5/8/2017 (Benson, A). |
| Filing 47 EX PARTE APPLICATION for EXTENSION OF TIME to Respond to #29 Motion for Summary Judgment by defendants. Attorney Warner, Paul Anthony added. (Attachments: #1 Proposed Order)(Warner, Paul) Modified on 5/8/2017 (Benson, A). Modified on 5/8/2017 (Krueger, M). |
| Filing 46 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 5/1/2017: In light of Defendant Azita Alizadeh's Ex Parte Application for Extension of Time (ECF No. #43 ) to file her opposition to the Plaintiff's Motion for Summary Judgment (ECF No. #29 ), the Court continued the hearing date to 7/13/2017. The Court will hear the motion as to all Defendants on that date in order to best effectuate judicial economy. However, the remaining Defendants' oppositions continue to be due on 5/4/2017 and the replies to those oppositions due on 5/11/2017. (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 45 NOTICE to RESCHEDULE HEARING on Motion Hearing set for 5/18/2017 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Attachments: #1 Proof of Service)(Jennings, Guy) |
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Filing 44
ORDER signed by District Judge Troy L. Nunley on 4/26/17: HEARING as to #29 Motion for Summary Judgment continued to 7/13/2017 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. Opposition due June 29, 2017, and reply due on July 6, 2017. (Kaminski, H)
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| Filing 43 EX PARTE APPLICATION by Azita Alizadeh for Continue summary judgment motion to allow def. Azita Alizadeh to conduct discovery needed to oppose motion FRCP 56(d). (Attachments: #1 Exhibit Order reopening discovery granted April 21, 2017, #2 Proposed Order Proposed order on this application)(Kashani, Mir) |
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Filing 42
ORDER signed by District Judge Troy L. Nunley on 4/21/2017 ORDERING this Court ORDERS discovery in this action REOPENED for the time between 4/24/2017 and 7/26/2017. (Reader, L)
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| Filing 41 EX PARTE APPLICATION by Azita Alizadeh to Reopen Discovery for 90 days. (Attachments: #1 STIPULATION of all parties to Reopen Discovery, #2 Proposed Order)(Kashani, Mir) Modified on 4/21/2017 (Krueger, M). |
| Filing 40 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 4/18/2017: Pursuant to Local Rule 302(c)(1), Plaintiff's Motion for Discovery Sanctions (ECF No. #39 ) shall be noticed before the assigned Magistrate Judge. Counsel for Plaintiff shall contact the Clerk for Magistrate Judge Kendall J. Newman for available law and motion dates, and re-notice the motion before the Magistrate Judge with the proper time and date. Accordingly, the 5/18/2017 hearing before District Judge Troy L. Nunley is VACATED. (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 39 MOTION for DISCOVERY SANCTIONS by United States of America. Motion Hearing set for 5/18/2017 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Memorandum, #2 Declaration, #3 Proof of Service, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K)(Jennings, Guy) |
| Filing 38 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 2/22/2017: The Court, having reviewed Defendant Azita Alizadeh's Ex Parte Application (ECF No. #37 ) for extension of time to respond to Plaintiff's Motion for Summary Judgement (ECF No. #29 ), hereby GRANTS the application. The hearing set for 3/9/2017 is hereby VACATED and RESET for 5/18/2017 at 2:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. Defendant's opposition to be due 4/27/2017 and Plaintiff's reply to be due 5/4/2017. Discovery shall remain closed. (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 37 EX PARTE APPLICATION by Azita Alizadeh for Continuance of SJ motion against Azita Alizadeh. (Attachments: #1 Proposed Order)(Kashani, Mir) Modified on 2/22/2017 (Becknal, R). |
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Filing 36
ORDER SUBSTITUTING ATTORNEY signed by District Judge Troy L. Nunley on 2/13/2017 ORDERING Attorney Paul A. Warner for Defendant Mitra Alizadeh, attorney Mir Saied Kashani terminated. (Reader, L)
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| Filing 35 NOTICE of Substitution of Attorney and Proposed Order by Mitra Alizadeh. (Attachments: #1 Proposed Order Order Substituting Attorney)(Kashani, Mir) |
| Filing 34 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 2/6/2017: The Court is in receipt of Defendant Mitra Alizadeh's Notice of Substitution of Attorney (ECF No. #33 ). Pursuant Local Rule 182(g), Substitution of Attorneys require the approval of the Court. Accordingly, Defendant is hereby ORDERED to re-file the substitution of attorneys with a proposed order. (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 33 NOTICE of Substitution of Attorney by Mitra Alizadeh. (Kashani, Mir) |
| Filing 32 EXHIBIT 17 to the Declaration of G. Patrick Jennings in support of #29 Motion for Summary Judgment. (Attachments: #1 Exhibit 18, #2 Exhibit 19, #3 Exhibit 20, #4 Exhibit 21, #5 Exhibit 22, #6 Exhibit 23, #7 Exhibit 24, #8 Exhibit 25, #9 Exhibit 26, #10 Exhibit 27, #11 Exhibit 28, #12 Exhibit 29, #13 Exhibit 30, #14 Exhibit 31, #15 Exhibit 32, #16 Exhibit 33, #17 Exhibit 34, #18 Exhibit 35, #19 Exhibit 36) (Jennings, Guy) |
| Filing 31 EXHIBIT 1 to the Declaration of G. Patrick Jennings in support of #29 Motion for Summary Judgment. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13, #13 Exhibit 14, #14 Exhibit 15, #15 Exhibit 16) (Jennings, Guy) |
| Filing 30 EXHIBIT A to the Declaration of Michael Gabrielson in support of #29 Motion for Summary Judgment. (Attachments: #1 Exhibit B to the Declaration of Michael Gabrielson, #2 Exhibit C to the Declaration of Michael Gabrielson, #3 Exhibit D to the Declaration of Michael Gabrielson, #4 Exhibit A to the Declaration of Paul Enjalran, #5 Exhibit B to the Declaration of Paul Enjalran, #6 Exhibit A to the Declaration of Beverly McFarland, #7 Exhibit B to the Declaration of Beferly McFarland) (Jennings, Guy) |
| Filing 29 MOTION FOR SUMMARY JUDGMENT by United States of America. Motion Hearing SET for 3/9/2017 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Memorandum of Points and Authorities, #2 Statement of Undisputed Facts, #3 Declaration G. Patrick Jennings, #4 Declaration Michael Gabrielson, #5 Declaration Paul Enjalran, #6 Declaration Beverly McFarland, #7 Proof of Service) (Jennings, Guy) |
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Filing 28
STIPULATION and ORDER signed by District Judge Troy L. Nunley on 9/26/16 ORDERING the last day to complete fact and expert discovery in this case shall be 3/1/17. All other terms of the Pretrial Scheduling Order shall remain in effect.(Washington, S)
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| Filing 27 STIPULATION and PROPOSED ORDER for Extension of Discovery by United States of America. (Attachments: #1 Proposed Order, #2 Proof of Service)(Jennings, Guy) |
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Filing 26
PRETRIAL SCHEDULING ORDER signed by District Judge Troy L. Nunley on 11/12/2015 ORDERING that all discovery shall be completed by 10/6/2016. Designation of Expert Witnesses due by 12/8/2016. All dispositive motions shall be heard no later than 4/6/2017. Final Pretrial Conference set for 7/13/2017 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. The parties shall file, not later than 7/6/2017, a Joint Final Pretrial Conference Statement. Jury Trial set for 9/11/2017 at 09:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Zignago, K.)
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| Filing 25 JOINT STATUS REPORT by United States of America. (Attachments: #1 Proof of Service)(Jennings, Guy) |
| Filing 24 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 8/21/2015: Pursuant to the Notice of Bankruptcy Termination (ECF No. #23 ), this case is hereby REOPENED. The parties shall file a Joint Status Report within 30 days of this Minute Order. Failure to timely file may result in the imposition of sanctions. (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 23 NOTICE of Termination of Bankruptcy and Request for Status Conference by United States of America. (Attachments: #1 Proof of Service)(Jennings, Guy) |
| Filing 22 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 2/20/2015: Based on the Notice of Bankruptcy filed by Defendant Michael Mehran Alizadeh (ECF No. #21 ), this action is hereby STAYED and is now ADMINISTRATIVELY CLOSED. All dates and pending motions, including Plaintiff's Motion for Extension of Time to Serve Process (ECF No. #9 ) are VACATED. The case may be reopened at the request of the parties. (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 21 NOTICE of FILING BANKRUPTCY Upon the Record as to Mehran Alizadeh by United States of America (Attachments: #1 Proof of Service)(Jennings, Guy) |
| Filing 20 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 11/14/2014: On the Court's own motion, Plaintiff's Motion to Extend Time to Serve and to Extend Deadlines (ECF No. #9 ) is hereby SUBMITTED without oral argument. Accordingly, the hearing set for 11/20/2014 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 19 ANSWER with Jury Demand by Mitra Alizadeh. Attorney Kashani, Mir Saied added.(Kashani, Mir) |
| Filing 18 ANSWER with Jury Demand by Voyager Restaurant Group Inc.. Attorney Warner, Paul Anthony added.(Warner, Paul) |
| Filing 17 ANSWER with Jury Demand by Suede Blue Inc.. Attorney Warner, Paul Anthony added.(Warner, Paul) |
| Filing 16 ANSWER with Jury Demand by Phoenix Restaurant Group Inc.. Attorney Warner, Paul Anthony added.(Warner, Paul) |
| Filing 15 ANSWER with Jury Demand by Pegasus Restaurant Group Inc.. Attorney Warner, Paul Anthony added.(Warner, Paul) |
| Filing 14 ANSWER with Jury Demand by Lake Orta Corporation. Attorney Warner, Paul Anthony added.(Warner, Paul) |
| Filing 13 ANSWER with Jury Demand by Endeavor Restaurant Group Inc.. Attorney Warner, Paul Anthony added.(Warner, Paul) |
| Filing 12 ANSWER with Jury Demand by Mehran Alizadeh. Attorney Warner, Paul Anthony added.(Warner, Paul) |
| Filing 11 ANSWER with Jury Demand by Abolghassem Alizadeh. Attorney Warner, Paul Anthony added.(Warner, Paul) |
| Filing 10 ANSWER with Jury Demand by Azita Alizadeh. Attorney Kashani, Mir Saied added.(Kashani, Mir) |
| Filing 9 MOTION for 90-DAY EXTENSION OF TIME to Serve Process by United States of America. Motion Hearing set for 11/20/2014 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Memorandum, #2 Declaration, #3 Proposed Order, #4 Proof of Service)(Jennings, Guy) |
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Filing 8
ORDER signed by District Judge Troy L. Nunley on 6/30/2014 ALLOWING the United States to continue to attempt to serve the defendants with a copy of the summons and complaint until 9/26/2014; ALLOWING the United States to commence discovery limited to fact questions which may aid service of process, effective on the date this order is entered. (Michel, G)
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| Filing 7 MOTION for 90-DAY EXTENSION OF TIME to Serve Process by United States of America. (Attachments: #1 Memorandum, #2 Declaration, #3 Exhibit A, #4 Exhibit B, #5 Proposed Order, #6 Proof of Service)(Jennings, Guy) |
| Filing 6 SUMMONS ISSUED as to *Pegasus Restaurant Group Inc.* with answer to complaint due within *21* days. Attorney *Guy Patrick Jennings* *P.O. Box 683* *Washington, DC 20044*. (Sant Agata, S) |
| Filing 5 SUMMONS ISSUED as to *Endeavor Restaurant Group Inc., Phoenix Restaurant Group Inc.* with answer to complaint due within *21* days. Attorney *Guy Patrick Jennings* *United States Department of Justice* *P.O. Box 683* *Washington, DC 20044*. (Meuleman, A) |
| Filing 4 FIRST AMENDED COMPLAINT against All Defendants by United States of America.(Jennings, Guy) |
| Filing 3 SUMMONS ISSUED as to *Abolghassem Alizadeh, Azita Alizadeh, Mehran Alizadeh, Mitra Alizadeh, Capital City Concepts Inc., Lake Orta Corporation, North Valley Food Service LLC, Suede Blue Inc., Voyager Restaurant Group Inc.* with answer to complaint due within *21* days. Attorney *G. Patrick Jennings* *U.S. Department of Justice* *P.O. Box 683, Ben Franklin Station* *Washington, D.C. 20044-0683*. (Meuleman, A) |
| Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Meuleman, A) |
| Filing 1 COMPLAINT for Injunctive Relief and to Reduce Tax Assessments to Judgment against All Defendants by United States. Attorney Jennings, Guy Patrick added. (Attachments: #1 Civil Cover Sheet)(Jennings, Guy) |
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