Gonzalez et al v. Department of the Treasury Internal Revenue Service
| Ilonka Gonzalez and Juan Gonzalez, Jr. |
| Department Of The Treasury Internal Revenue Service |
| 1:2021cv07941 |
| September 23, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Andrew L Carter |
| Alvin K Hellerstein |
| Taxes |
| 26 U.S.C. § 7401 |
| None |
Docket Report
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| Filing 18 CERTIFICATE OF SERVICE of Memo Endorsed Order (ECF No. 16) and Memo Endorsed Order (ECF No. 17) served on Ilonka Gonzalez and Juan Gonzalez Jr. on 11/19/2021. Service was made by Certified Mail. Document filed by Department Of The Treasury Internal Revenue Service..(Farber, David) |
Filing 17
MEMO ENDORSEMENT on re: #14 Letter filed by Department Of The Treasury Internal Revenue Service. ENDORSEMENT: The motion to withdraw is hereby GRANTED. The Clerk of Court is directed to terminate Gokce T. Yurekli, counsel for Defendant, from this case. Defendant is directed to serve a copy of this Order on Plaintiffs and file proof of service on ECF on or before November 22, 2021. SO ORDERED. Attorney Gokce T. Yurekli terminated. (Signed by Judge Andrew L. Carter, Jr on 11/19/2021) (mml)
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Filing 16
ORDER granting #11 Letter Motion for Extension of Time to Answer re #11 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Alvin K. Hellerstein from AUSA Jean-David Barnea dated 10/4/21., #1 Complaint. To the extent this extension request remains a live issue after Defendant has already filed an answer on November 17, 2021, the request is GRANTED nunc pro tunc. The Clerk of Court is requested to terminate the letter motion at ECF No. 11. Defendant is directed to serve a copy of this Memo Endorsement on Plaintiffs and file proof of service on ECF on or before November 22, 2021. (Signed by Judge Andrew L. Carter, Jr on 11/19/2021) (rro)
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| NOTICE OF CASE REASSIGNMENT to Judge Andrew L. Carter, Jr. Judge Alvin K. Hellerstein is no longer assigned to the case. (aea) |
| Filing 15 CERTIFICATE OF SERVICE of Answer (ECF No. 13) and Letter (ECF No. 14) served on Ilonka Gonzalez and Juan Gonzalez Jr. on 11/17/2021. Service was made by Certified Mail. Document filed by Department Of The Treasury Internal Revenue Service..(Farber, David) |
| Filing 14 LETTER addressed to Judge Alvin K. Hellerstein from David E. Farber dated 11/17/2021 re: requesting removal of Gokce T. Yurekli from this matter. Document filed by Department Of The Treasury Internal Revenue Service..(Farber, David) |
| Filing 13 ANSWER to #1 Complaint. Document filed by Department Of The Treasury Internal Revenue Service..(Farber, David) |
| Filing 12 NOTICE OF APPEARANCE by David Eli Farber on behalf of Department Of The Treasury Internal Revenue Service..(Farber, David) |
| Filing 11 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Alvin K. Hellerstein from AUSA Jean-David Barnea dated 10/4/21. Document filed by Department Of The Treasury Internal Revenue Service..(Barnea, Jean-David) |
| Filing 10 CASE TRANSFERRED IN from the United States District Court - District of Pennsylvania Eastern; Case Number: 2:21-cv-02272. Original file certified copy of transfer order and docket entries received. (sjo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Alvin K. Hellerstein. 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. (sjo) |
| Case Designated ECF. (sjo) |
| Magistrate Judge Sarah Netburn 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. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
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Filing 9
ORDER THAT THE UNITED STATES MOTION (ECF DOC. NO. #7 ) IS GRANTED IN PART AND DENIED IN PART: THE UNITED STATES MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION IS DENIED; THE UNITED STATES ALTERNATIVE MOTION TO TRANSFER VENUE TO THE DISTRICT IN WHICH THE TAXPAYERS RESIDE IS GRANTED REQUIRING THE CLERK OF COURT FORTHWITH TRANSFER THIS CASE TO THE CLERK OF COURT FOR THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK; AND, THE CLERK OF COURT SHALL CLOSE THIS CASE IN THIS DISTRICT. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/22/21. 9/23/21 ENTERED AND COPIES E-MAILED. (va, ) [Transferred from Pennsylvania Eastern on 9/23/2021.]
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| Filing 8 MEMORANDUM SIGNED BY HONORABLE MARK A. KEARNEY ON 9/22/21. 9/23/21 ENTERED AND COPIES E-MAILED. (va, ) [Transferred from Pennsylvania Eastern on 9/23/2021.] |
| Filing 7 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Change Venue filed by DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE.Brief. (Attachments: #1 Brief, #2 Exhibit, #3 Text of Proposed Order)(YUREKLI, GOKCE) [Transferred from Pennsylvania Eastern on 9/23/2021.] |
| Filing 6 AFFIDAVIT of Service by TRAVIS STACKHOUSE re: served SUMMONS AND COMPLAINT upon TREASURY INTERNAL REVENUE SERVICE by PERSONAL SERVICE. (SERVICE ACCEPTED BY PERNELL PENNY) (JL) [Transferred from Pennsylvania Eastern on 9/23/2021.] |
| Filing 5 Acceptance of Service by U.S. Attorney Re: accepted summons and complaint on behalf of the United States Attorney (only). (va, ) [Transferred from Pennsylvania Eastern on 9/23/2021.] |
| Summons Issued as to DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE, U.S. Attorney and U.S. Attorney General, with Acceptance of Service. Emailed To: AUSA & Pro Se Plaintiffs on 7/2/21. (va, ) Modified on 7/2/2021 (va, ). [Transferred from Pennsylvania Eastern on 9/23/2021.] |
| Summons Issued as to DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE. Emailed To: Plaintiffs on 7/2/21. (va, ) (FILED IN ERROR. RE-FILED WITH CORRECT EVENT.) Modified on 7/2/2021 (va, ). [Transferred from Pennsylvania Eastern on 9/23/2021.] |
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Filing 4
ORDER THAT THE CLERK SHALL ISSUE SUMMONS. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/30/21. 7/1/21 ENTERED AND COPIES E-MAILED. (va, ) [Transferred from Pennsylvania Eastern on 9/23/2021.]
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| Filing fee: $ 402, receipt number PPE229123 (sbt, ) [Transferred from Pennsylvania Eastern on 9/23/2021.] |
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Filing 3
ORDER THAT IF PLAINTIFFS SEEK TO PROCEED THEY MUST, NO LATER THAN JUNE 28, 2021, EITHER (1) PAY $402 (THE $350 FILING FEE AND $52 ADMINISTRATIVE FEE) TO THE CLERK OF COURT, OR (2) MOVE TO PROCEED IN FORMA PAUPERIS; THE CLERK OF COURT SHALL PROVIDE PLAINTIFFS WITH TWO (2) APPROPRIATE NON-PRISONER APPLICATIONS TO PROCEED IN FORMA PAUPERIS, BEARING THE CIVIL ACTION NUMBER OF THIS CASE. ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/27/21. 5/27/21 ENTERED AND COPIES E-MAILED. (va, ) [Transferred from Pennsylvania Eastern on 9/23/2021.]
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| IFP FORM E-MAILED TO PRO SE PLAINTIFFS ON 5/27/21. (va, ) [Transferred from Pennsylvania Eastern on 9/23/2021.] |
| Filing 2 PRO SE NOTICE RE:GUIDELINES (bw, ) [Transferred from Pennsylvania Eastern on 9/23/2021.] |
| Filing 1 COMPLAINT against DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE, filed by ILONKA GONZALEZ, JUAN GONZALEZ, JR. (NO FEE PAID; NO IFP FILED) (Attachments: #1 E-MAIL)(bw, ) [Transferred from Pennsylvania Eastern on 9/23/2021.] |
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