BARUCH v. UNITED STATES OF AMERICA
Petitioner: DORIS A. BARUCH
Respondent: UNITED STATES OF AMERICA
Case Number: 2:2012cv00767
Filed: February 8, 2012
Court: US District Court for the District of New Jersey
Office: Newark Office
County: Passaic
Presiding Judge: Claire C Cecchi
Referring Judge: Mark Falk
Nature of Suit: Taxes
Cause of Action: Motion to Quash
Jury Demanded By: None
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Docket Report

This docket was last retrieved on September 18, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 18, 2013 Opinion or Order 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, )
September 17, 2013 Filing 27 Letter from Defendant United States of America re #26 Order Dismissing Case. (Attachments: #1 Exhibit A)(DICKEY, MELISSA)
September 16, 2013 Case Reassigned to Magistrate Judge Mark Falk. Magistrate Judge Joseph A. Dickson no longer assigned to the case. (jd, )
September 13, 2013 Opinion or Order Filing 26 ORDER DISMISSING CASE as settled. Signed by Judge Claire C. Cecchi on 9/13/13. (sr, )
September 11, 2013 Filing 25 Court's Letter Re: case management responsibilities; and directing parties to submit a case summary within 7 days. (dmr)
May 29, 2013 Opinion or Order 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, )
May 23, 2013 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)
May 13, 2013 Filing 22 OBJECTION to #20 Report and Recommendations by UNITED STATES OF AMERICA. (Attachments: #1 Certificate of Service)(DICKEY, MELISSA)
April 30, 2013 Filing 21 NOTICE of Appearance by MELISSA LYNN DICKEY on behalf of UNITED STATES OF AMERICA (DICKEY, MELISSA)
April 29, 2013 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, )
October 9, 2012 Filing 19 Letter from Charles M. Flesch re #18 Brief. (FLESCH, CHARLES)
October 9, 2012 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)
October 1, 2012 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)
September 25, 2012 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)
September 19, 2012 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)
September 19, 2012 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, )
September 11, 2012 Opinion or Order 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, )
September 5, 2012 Opinion or Order 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, )
September 5, 2012 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, )
August 23, 2012 Pro Hac Vice fee as to James N. Mastracchio: $ 150.00, receipt number NEW014426 (jd, )
August 21, 2012 Opinion or Order 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, )
August 10, 2012 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)
August 10, 2012 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, )
August 7, 2012 Opinion or Order 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, )
August 7, 2012 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, )
August 6, 2012 Filing 9 Letter re Set/Reset Hearings. (FLESCH, CHARLES)
August 6, 2012 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, )
March 9, 2012 Opinion or Order 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, )
March 5, 2012 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)
March 5, 2012 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)
March 2, 2012 Filing 5 CERTIFICATE OF SERVICE by DORIS A. BARUCH re #3 Memorandum in Opposition of Motion, #4 Affidavit in Opposition to Motion (FISH, ERIC)
March 2, 2012 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)
March 2, 2012 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)
February 21, 2012 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)
February 21, 2012 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, )
February 8, 2012 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, )
February 8, 2012 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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