Manchanda v. Internal Revenue Service et al
| Rahul Manchanda |
| Internal Revenue Service, Jane Does 1-10, Erica Farrell, T Fahman and Susan McNamara |
| 1:2020cv10745 |
| December 20, 2020 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| P.I.: Other |
| 28 U.S.C. § 2671 |
| None |
Docket Report
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This docket was last retrieved on March 28, 2022. A more recent docket listing may be available from PACER.
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Filing 26
LETTER addressed to Judge Andrew L. Carter, Jr. from AUSA Jeffrey Oestericher dated 02/17/2021 re: Joint Status Report. Document filed by T Fahman, Erica Farrell, Internal Revenue Service, Susan McNamara..(Oestericher, Jeffrey)
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Filing 25
ORDER: At the January 21, 2021 hearing, the Court directed the parties to file a joint status report by February 4, 2021. To date, no joint status report has been filed. The Court is aware that Plaintiff Manchanda has retained counsel. The Court therefore sua sponte extends the deadline for a joint status report to February 18, 2021 to permit newly retained counsel to confer with Defendant Internal Revenue Service. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 2/8/2021) (js)
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Filing 24
NOTICE OF APPEARANCE by John P. Fazzio, III on behalf of Rahul Manchanda..(Fazzio, John)
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Filing 23
LETTER addressed to Judge Andrew L. Carter, Jr. from Rahul Manchanda, Esq. dated 02/01/2021 re: Plaintiffs Second Response Letter to Defendants Second Opposition to a Pre-Motion Conference Seeking Contempt/Sanctions Against Defendants. Document filed by Rahul Manchanda..(Manchanda, Rahul)
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Filing 22
LETTER addressed to Judge Andrew L. Carter, Jr. from AUSA Jeffrey Oestericher dated 01/29/2021 re: Opposition to Plaintiff's Request for a Pre-Motion Conference and Leave to File a Motion for Contempt and Sanctions. Document filed by T Fahman, Erica Farrell, Internal Revenue Service, Susan McNamara..(Oestericher, Jeffrey)
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Filing 21
LETTER addressed to Judge Andrew L. Carter, Jr. from Rahul Manchanda, Esq. dated 01/27/2021 re: Plaintiffs Second Request For A Pre-Motion Conference Due to Defendants' Further Aggravated Harassment, Retaliation, Admissions of Liability, Arrogance, Illegal and Unauthorized Collections, Liens/Levies, Disclosure and Other Federal, State and Local Torts. Document filed by Rahul Manchanda. (Attachments: #1 Exhibit EXHIBIT F).(Manchanda, Rahul)
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Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Telephone Show Cause Hearing held on 1/21/2021. Plaintiff Rahul Dev Manchanda, pro se. Jeffrey Stuart Oestericher for Defendant. Joint Status Report due: 2/4/21. (Court Reporter: Kelly Surina) (tdh)
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Filing 20
LETTER addressed to Judge Andrew L. Carter, Jr. from Rahul Manchanda, Esq. dated 01/20/2021 re: Plaintiff's Response Letter to Defendant's Opposition to a Pre-Motion Conference. Document filed by Rahul Manchanda. (Attachments: #1 Exhibit EXHIBIT E).(Manchanda, Rahul)
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Filing 19
LETTER addressed to Judge Andrew L. Carter, Jr. from AUSA Jeffrey Oestericher dated 01/20/2021 re: Opposition to Plaintiff's Request for Leave to File a Motion for Contempt and Sanctions. Document filed by T Fahman, Erica Farrell, Internal Revenue Service, Susan McNamara..(Oestericher, Jeffrey)
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Filing 18
LETTER addressed to Judge Andrew L. Carter, Jr. from Rahul Manchanda, Esq. dated 01/16/2021 re: Pre-Motion Conference Letter. Document filed by Rahul Manchanda..(Manchanda, Rahul)
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Filing 17
CERTIFICATE OF SERVICE of Plaintiff Reply Memorandum of Law to Defendants Memorandum of Law in Opposition to Preliminary Injunction served on Assistant U.S. Attorney Jeffrey Oestericher, Esq. on 01/15/2021. Service was made by ELECTRONIC AND U.S MAIL. Document filed by Rahul Manchanda..(Manchanda, Rahul)
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Filing 16
REPLY MEMORANDUM OF LAW re: #12 Opposition Brief Plaintiff Reply Memorandum of Law to Defendants Memorandum of Law in Opposition to Preliminary Injunction. Document filed by Rahul Manchanda. (Attachments: #1 Appendix TABLE OF AUTHORITIES, #2 Appendix TABLE OF CONTENTS, #3 Civil Cover Sheet COVER PAGE, #4 Exhibit EXHIBIT B, #5 Exhibit EXHIBIT C, #6 Exhibit EXHIBIT D).(Manchanda, Rahul)
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Filing 15
CERTIFICATE OF SERVICE of Memorandum of Law, Declaration of Alex Lau, Declaration of Mary-Ellan Krcha, and unpublished decisions served on Rahul D. Manchanda on 1/11/2021. Service was made by Mail. Document filed by T Fahman, Erica Farrell, Internal Revenue Service, Susan McNamara..(Oestericher, Jeffrey)
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Filing 14
DECLARATION of Mary-Ellan Krcha in Opposition re: #9 MOTION for Sanctions AGAINST DEFENDANTS.. Document filed by T Fahman, Erica Farrell, Internal Revenue Service, Susan McNamara..(Oestericher, Jeffrey)
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Filing 13
DECLARATION of Alex Lau in Opposition re: #9 MOTION for Sanctions AGAINST DEFENDANTS.. Document filed by T Fahman, Erica Farrell, Internal Revenue Service, Susan McNamara..(Oestericher, Jeffrey)
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Filing 12
OPPOSITION BRIEF Defendants' Memorandum of Law in Opposition to Plaintiff's Motion for a Preliminary Injunction. Document filed by T Fahman, Erica Farrell, Internal Revenue Service, Susan McNamara..(Oestericher, Jeffrey)
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Filing 11
ORDER: The Court's December 28, 2020 Order, ECF No. 7, indicated that it would schedule a show cause hearing by a subsequent order. The Court hereby sets a telephonic show cause hearing for January 21, 2021 at 10:00 a.m. Participants are directed to contact the Court at that date and time at (888) 363-4749 (access code: 3768660). On December 30, 2020, Plaintiff filed a Motion for Sanctions without seeking prior approval of the Court. ECF Nos. 9-10. This Courts Individual Practices require a party to request a pre-motion conference to seek leave to file a motion of this sort. Individual Practices of Andrew L. Carter Jr, 2. The Clerk of Court is therefore respectfully directed to strike documents number 9 and 10 from the docket, but retain the summary docket text for the record. Plaintiff may file a pre-motion conference letter if Plaintiff wishes to proceed with a motion for sanctions. So Ordered Show Cause Hearing set for 1/21/2021 at 10:00 AM before Judge Andrew L. Carter Jr.. (Signed by Judge Andrew L. Carter, Jr on 1/7/2021) (js)
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Filing 10
***STRICKEN DOCUMENT. Document number #10 has been stricken from the case record. The document was stricken from this case pursuant to #11 Order . AFFIDAVIT OF SERVICE of NOTICE OF MOTION FOR CONTEMPT/SANCTIONS AGAINST DEFENDANTS FOR CONTINUOUS AND PERSISTENT UNAUTHORIZED DISCLOSURE, UNAUTHORIZED COLLECTION, UNAUTHORIZED LIENS AND LEVIES, VIOLATION OF INTERNAL REVENUE CODE PERTAINING TO COLLECTIONS, DISCLOSURE, LIENS/LEVIES, VIOLATIONS OF THE FEDERAL TORTS CLAIMS ACT AND NEW YORK STATE TORT LAW served on JOHN OESTERICHER ESQ ATTORNEY FOR ALL DEFENDANTS AS PER HIS NOTICE OF APPEARANCE on 12/31/2020. Service was made by MAIL. Document filed by Rahul Manchanda..(Manchanda, Rahul) Modified on 1/7/2021 (js).
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Filing 9
***STRICKEN DOCUMENT. Document number #9 has been stricken from the case record. The document was stricken from this case pursuant to #11 Order . MOTION for Sanctions AGAINST DEFENDANTS. Document filed by Rahul Manchanda. Return Date set for 1/11/2021 at 02:00 PM. (Attachments: #1 Affidavit AFFIDAVIT IN SUPPORT OF PLAINTIFF MOTION FOR CONTEMPT AND SANCTIONS AGAINST DEFENDANTS, #2 Exhibit EXHIBIT B - SAMPLE OF EVIDENCE OF DEFENDANTS UNAUTHORIZED DISCLOSURE OF TAX INFORMATION, UNAUTHORIZED COLLECTION WITH PCA, HARASSMENT, ABUSE, ANNOYANCE IN VIOLATION OF INTERNAL REVENUE CODE AND OTHER FEDERAL STATUTES).(Manchanda, Rahul) Modified on 1/7/2021 (js).
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Filing 8
AFFIDAVIT OF SERVICE of SIGNED ORDER TO SHOW CAUSE served on JEFFREY OESTERICHER, ESQ ATTORNEYS ALL DEFENDANTS AS PER HIS NOTICE OF APPEARANCE (Internal Revenue Service (IRS), T Fahman, Erica Farrell, Susan McNamara, Current and Former Employees of IRS Jane Does 1-10) on 12/29/2020. Service was accepted by JEFFREY OESTERICHER THROUGH U.S. ATTORNEY OFFICER. Service was made by ALSO BY OVERNIGHT FEDEX MAIL 772489117583). Document filed by Rahul Manchanda..(Manchanda, Rahul)
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Filing 7
ORDER TO SHOW CAUSE: On December 26, 2020, Plaintiff filed a Proposed Order to Show Cause with Emergency Relief seeking a temporary restraining order and preliminary injunction against the Internal Revenue Service. ECF No. 4. Upon consideration of the Proposed Order and Affidavits filed in support thereof, the Court hereby DENIES Plaintiff's request for a Temporary Restraining Order. Defendants are ORDERED TO SHOW CAUSE why they should not be enjoined from unauthorized disclosure of tax return information under IRC 7431 and 7231, unauthorized collection under IRC 7433, failure to release tax levies and tax liens unreasonably under IRC 7432, intentional negligent or reckless infliction of physical and emotional distress, and violating the FTCA for personal injury and property damage. Defendants are ORDERED to make such showing in writing by January 11, 2021. Plaintiff may make a reply by January 18, 2021. The Court will schedule a hearing regarding this matter by a separate order. Plaintiff is ORDERED to serve this ORDER on Defendants, and file proof of service, by December 30, 2020. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 12/28/2020) (ks)
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Filing 6
NOTICE OF APPEARANCE by Jeffrey Stuart Oestericher on behalf of T Fahman, Erica Farrell, Internal Revenue Service, Susan McNamara..(Oestericher, Jeffrey)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #4 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km)
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Filing 5
CERTIFICATE OF SERVICE of EMERGENCY ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAIING ORDER, AFFIDAVIT IN SUPPORT, EMERGENCY AFFIDAVIT AND EXHIBIT A served on INTERNAL REVENUE SERVICE on 12/26/2020. Service was made by FACSIMILE. Document filed by Rahul Manchanda..(Manchanda, Rahul)
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Filing 4
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Rahul Manchanda. (Attachments: #1 Affidavit AFFIDAVIT IN SUPPORT, #2 Affidavit EMERGENCY AFFIDAVIT, #3 Exhibit EXHIBIT A - SAMPLE OF EVIDENCE OF IRS AND EMPLOYEE ABUSE, INCOMPETENCE, RETALIATION, HARASSMENT, THREATS, TARGETING, SLOTH, UNAUTHORIZED DISCLOSURE, UNAUTHORIZED COLLECTIONS, UNAUTHORIZED LIENS AND LEVIES, FEDERAL AND STATE TORTS, PERSONAL INJURY) Related Document Number: #1 ..(Manchanda, Rahul) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 3
AFFIDAVIT OF SERVICE of Summons and Complaint. Jane Does 1-10 served on 12/21/2020, answer due 1/11/2021; Susan McNamara served on 12/21/2020, answer due 1/11/2021; T Fahman served on 12/21/2020, answer due 1/11/2021; Internal Revenue Service served on 12/21/2020, answer due 1/11/2021; Erica Farrell served on 12/21/2020, answer due 1/11/2021. Service was made by MAIL. Document filed by Rahul Manchanda., AFFIDAVIT OF SERVICE of Summons and Complaint served. Jane Does 1-10 served on 12/21/2020, answer due 1/11/2021; Susan McNamara served on 12/21/2020, answer due 1/11/2021; T Fahman served on 12/21/2020, answer due 1/11/2021; Internal Revenue Service served on 12/21/2020, answer due 1/11/2021; Erica Farrell served on 12/21/2020, answer due 1/11/2021. Service was made by MAIL. Document filed by Rahul Manchanda..(Manchanda, Rahul)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Rahul Dev Manchanda. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (dnh)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Rahul Dev Manchanda. The party information for the following party/parties has been modified: IRS Employees Jane Does 1-10. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (dnh)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(dnh)
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Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (dnh)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Rahul Dev Manchanda. The following case opening statistical information was erroneously selected/entered: Dollar Demand $6,000,000,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000. (dnh)
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Case Designated ECF. (dnh)
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Filing 2
CIVIL COVER SHEET filed..(Manchanda, Rahul)
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Filing 1
COMPLAINT against IRS Employees Jane Does 1-10, T Fahman, Erica Farrell, Internal Revenue Service, Susan McNamara. (Filing Fee $ 402.00, Receipt Number ANYSDC-23117059)Document filed by Rahul Manchanda..(Manchanda, Rahul)
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