BARUCH v. UNITED STATES OF AMERICA
DORIS A. BARUCH |
UNITED STATES OF AMERICA |
2:2012cv00767 |
February 8, 2012 |
US District Court for the District of New Jersey |
Newark Office |
Passaic |
Claire C Cecchi |
Mark Falk |
Taxes |
Motion to Quash |
None |
Docket Report
This docket was last retrieved on September 18, 2013. A more recent docket listing may be available from PACER.
Document Text |
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Filing 28 ORDER that the Court's Order Dismissing Case dated September 13, 2013 (Docket Entry No. 26) is hereby vacated; this matter remains CLOSED pursuant to Docket Entry No. 24 [Order Adopting Report and Recommendation. Signed by Judge Claire C. Cecchi on 9/18/13. (jd, ) |
Filing 27 Letter from Defendant United States of America re #26 Order Dismissing Case. (Attachments: #1 Exhibit A)(DICKEY, MELISSA) |
Case Reassigned to Magistrate Judge Mark Falk. Magistrate Judge Joseph A. Dickson no longer assigned to the case. (jd, ) |
Filing 26 ORDER DISMISSING CASE as settled. Signed by Judge Claire C. Cecchi on 9/13/13. (sr, ) |
Filing 25 Court's Letter Re: case management responsibilities; and directing parties to submit a case summary within 7 days. (dmr) |
Filing 24 ORDER ADOPTING REPORT AND RECOMMENDATIONS for #20 Report and Recommendations, and thus denies the petition to quash the FDR; grants Respondent's motion to dismiss the petition to quash the FDR; and grants Petitioner's motion to extend the time to serve a Rule 4(m) summons. Signed by Judge Claire C. Cecchi on 5/29/13. (jd, ) |
Filing 23 NOTICE by UNITED STATES OF AMERICA re #22 Objection to Report and Recommendations Withdrawal of Protective Objection to Magistrate Judge's Report and Recommendation (Attachments: #1 Certificate of Service)(DICKEY, MELISSA) |
Filing 22 OBJECTION to #20 Report and Recommendations by UNITED STATES OF AMERICA. (Attachments: #1 Certificate of Service)(DICKEY, MELISSA) |
Filing 21 NOTICE of Appearance by MELISSA LYNN DICKEY on behalf of UNITED STATES OF AMERICA (DICKEY, MELISSA) |
Filing 20 REPORT AND RECOMMENDATIONS re #15 MOTION Petitioners Motion to Extend Time to Serve Summons Pursuant to Fed. R. Civ. P. 4(m) filed by DORIS A. BARUCH Objections to R&R due by 5/13/2013. Signed by Magistrate Judge Joseph A. Dickson on 4/29/13. (jd, ) |
Filing 19 Letter from Charles M. Flesch re #18 Brief. (FLESCH, CHARLES) |
Filing 18 BRIEF UNITED STATES SUPPLEMENTAL BRIEF REGARDING THE INAPPLICABILITY OF THE DOCTRINE EQUITABLE TOLLING TO 26 U.S.C. 982(c)(2)(A) (Attachments: #1 Certificate of Service)(FLESCH, CHARLES) |
Filing 17 BRIEF in Opposition filed by UNITED STATES OF AMERICA re #15 MOTION Petitioners Motion to Extend Time to Serve Summons Pursuant to Fed. R. Civ. P. 4(m) (Attachments: #1 Appendix, #2 Certificate of Service)(FLESCH, CHARLES) |
Filing 16 BRIEF Petitioner Doris A. Baruch's Supplemental Brief on Doctrine of Equitable Tolling in Support of Opposition to United States' Cross-Motion to Dismiss Petition to Quash Internal Revenue Formal Document Request (Attachments: #1 Certificate of Service)(FISH, ERIC) |
Filing 15 MOTION Petitioners Motion to Extend Time to Serve Summons Pursuant to Fed. R. Civ. P. 4(m) by DORIS A. BARUCH. (Attachments: #1 Brief in Support of Petitioners Motion to Extend Time to Serve Summons Pursuant to Fed. R. Civ. P. 4(m), #2 Certification of Eric R. Fish in Support of Petitioners Motion to Extend Time to Serve Summons Pursuant to Fed. R. Civ. P. 4(m), #3 Exhibit A to the Certification of Eric R. Fish in Support of Petitioners Motion to Extend Time to Serve Summons Pursuant to Fed. R. Civ. P. 4(m), #4 Text of Proposed Order Granting Petitioners Motion to Extend Time to Serve Summons Pursuant to Fed. R. Civ. P. 4(m), #5 Certificate of Service Petitioners Motion to Extend Time to Serve Summons Pursuant to Fed. R. Civ. P. 4(m))(FISH, ERIC) |
Set Deadlines as to #15 MOTION Petitioners Motion to Extend Time to Serve Summons Pursuant to Fed. R. Civ. P. 4(m) . Motion set for 10/15/2012 before Judge Claire C. Cecchi. The motion will be decided on the papers. No appearances required unless notified by the court. (jd, ) |
Filing 14 TEXT ORDER: On 9/5/12, the Court ordered supplemental briefing with respect to Docket #2 Cross Motion to dismiss for Lack of Jurisdiction UNITED STATES' NOTICE OF CROSS-MOTION TO DISMISS PETITION TO QUASH INTERNAL REVENUE FORMAL DOCUMENT REQUEST. In light of the foregoing, the Motion is hereby administratively terminated pending receipt of the Parties' supplemental briefing. The motion shall be reinstated on 10/10/12 and shall carry a return date of 10/15/12. The motion will be decided on the papers. No appearances required unless notified by the Court. SO ORDERED by Magistrate Judge Joseph A. Dickson on 9/11/12. (nm, ) |
Filing 13 TEXT ORDER: If petitioner chooses to file an application seeking to extend its time to serve a summons beyond the 120 day period set forth in Fed. R. Civ. P. 4(m), it must file such a motion by no later than 9/19/12. IT IS FURTHER ORDERED that the parties shall submit supplemental briefing regarding whether the Court may equitably toll the 90 day period for filing a petition to quash set forth in 26 USC 982(c)(2)(A) as follows: petitioner shall submit a brief, not to exceed ten (10 ) pages, by no later than 9/26/12; respondent shall submit a reply brief, not to exceed ten (10) pages, by no later than 10/10/12. SO ORDERED by Magistrate Judge Joseph A. Dickson on 9/5/12. (nm, ) |
Minute Entry for proceedings held before Magistrate Judge Joseph A. Dickson: Status Conference/Hearing on petition to Quash held on 9/5/2012. (CD #ECR.) (nm, ) |
Pro Hac Vice fee as to James N. Mastracchio: $ 150.00, receipt number NEW014426 (jd, ) |
Filing 12 ORDER granting #11 Motion for Leave to Appear Pro Hac Vice as to James N. Mastracchio. Signed by Magistrate Judge Joseph A. Dickson on 8/21/12. (jd, ) |
Filing 11 MOTION for Leave to Appear Pro Hac Vice by DORIS A. BARUCH. (Attachments: #1 Certification of Eric R. Fish, Esq., #2 Certification of James N. Mastracchio, Esq., #3 Text of Proposed Order)(FISH, ERIC) |
Set Deadlines as to #11 MOTION for Leave to Appear Pro Hac Vice . Motion set for 9/4/2012 before Judge Claire C. Cecchi. The motion will be decided on the papers. No appearances required unless notified by the court. (jd, ) |
Filing 10 Letter ORDER that in response to the Government's request for clarification, the Court intends to conference this matter and, depending upon the results of the conference, entertain oral arguments on the cross motions. There will be no evidentiary hearing. Signed by Magistrate Judge Joseph A. Dickson on 8/7/12. (jd, ) |
Remark: The parties are advised that the TIME of the hearing scheduled for 9/5/12 has been changed to 11:00 a.m. Thank you. (nm, ) |
Filing 9 Letter re Set/Reset Hearings. (FLESCH, CHARLES) |
Set/Reset Hearings: The parties are advised that a hearing is set in this matter for 9/5/2012 09:30 AM in Newark - Courtroom 2D before Magistrate Judge Joseph A. Dickson. (nm, ) |
Filing 8 ORDER granting United States leave to reply and accepting 3/5/12 Letter that it filed as its Reply. Signed by Judge Claire C. Cecchi on 3/9/12. (jd, ) |
Filing 7 Letter from Eric R. Fish in opposition to the Letter from Charles M. Flesch, counsel for United States re #6 Letter,. (FISH, ERIC) |
Filing 6 Letter from Charles M. Flesch, counsel for United States, re: UNITED STATES' REQUEST TO REPLY TO PETITIONER'S OPPOSITION TO UNITED STATES' CROSS-MOTION TO DISMISS, AND UNITED STATES' EVIDENTIARY OBJECTIONS TO AFFIDAVI OF PETITIONER'S COUNSEL (SMITH) re #3 Memorandum in Opposition of Motion, #4 Affidavit in Opposition to Motion. (Attachments: #1 Text of Proposed Order)(FLESCH, CHARLES) |
Filing 5 CERTIFICATE OF SERVICE by DORIS A. BARUCH re #3 Memorandum in Opposition of Motion, #4 Affidavit in Opposition to Motion (FISH, ERIC) |
Filing 4 AFFIDAVIT in Opposition filed by DORIS A. BARUCH re #2 Cross MOTION to Dismiss for Lack of Jurisdiction UNITED STATES' NOTICE OF CROSS-MOTION TO DISMISS PETITION TO QUASH INTERNAL REVENUE FORMAL DOCUMENT REQUEST (FISH, ERIC) |
Filing 3 MEMORANDUM in Opposition filed by DORIS A. BARUCH re #2 Cross MOTION to Dismiss for Lack of Jurisdiction UNITED STATES' NOTICE OF CROSS-MOTION TO DISMISS PETITION TO QUASH INTERNAL REVENUE FORMAL DOCUMENT REQUEST (FISH, ERIC) |
Filing 2 Cross MOTION to Dismiss for Lack of Jurisdiction UNITED STATES' NOTICE OF CROSS-MOTION TO DISMISS PETITION TO QUASH INTERNAL REVENUE FORMAL DOCUMENT REQUEST by UNITED STATES OF AMERICA. Responses due by 3/2/2012 (Attachments: #1 Brief IN SUPPORT OF UNITED STATES' CROSS-MOTION TO DISMISS PETITION TO QUASH INTERNAL REVENUE FORMAL DOCUMENT REQUEST, #2 Declaration OF HINA TALAVIA, #3 Exhibit A: (to Talavia Decl. -- 11/8/11 FDR), #4 Text of Proposed Order, #5 Certificate of Service)(FLESCH, CHARLES) |
Set Deadlines as to #2 Cross MOTION to Dismiss for Lack of Jurisdiction UNITED STATES' NOTICE OF CROSS-MOTION TO DISMISS PETITION TO QUASH INTERNAL REVENUE FORMAL DOCUMENT REQUEST. Motion set for 3/5/2012 before Judge Claire C. Cecchi. The motion will be decided on the papers. No appearances required unless notified by the court. (jd, ) |
Filing 1 PETITION TO QUASH FORMAL DOCUMENT REQUEST OF THE UNITED STATES OF AMERICA/IRS by DORIS A. BARUCH. (Filing fee $350, Receipt number 4176084) (Attachments: #1 Petition to Quash Formal Document Request, #2 Brief, #3 Certificate of Service, #4 Civil Cover Sheet)(ld, ) |
Set Deadlines as to Motion set for 3/5/2012 before Judge Claire C. Cecchi. The motion will be decided on the papers. No appearances required unless notified by the court. (ld, ) |
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Respondent: UNITED STATES OF AMERICA | |
Represented By: | CHARLES M. FLESCH |
Represented By: | MELISSA LYNN DICKEY |
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Petitioner: DORIS A. BARUCH | |
Represented By: | ERIC R. FISH |
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