Manchanda v. Wang et al
| Mr Rahul Dev Manchanda and Rahul Manchanda |
| Assistant AG Shi Shi Wang, Letitia James, Judge Erika Edwards, Law Clerk Alana Gardner, Assistant Law Clerk Joshua Rodriguez, United States Department of Health And Human Services, NYFCSM Kevin Mahoney, Judge Anna Lewis, Shi Shi Wang, Erika Edwards, U.S Department of Health and Human Services, Kevin Mahoney and Anna Lewis |
| 1:2023cv09403 |
| October 25, 2023 |
| US District Court for the Southern District of New York |
| Robert W Lehrburger |
| Jennifer H Rearden |
| P.I.: Other |
| 42 U.S.C. ยง 601 Title IV-A of the Social Security Act (Grants to States for Aid and Assistance to Needy Famil |
| Plaintiff |
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Filing
43
ORDER: This order resolves Plaintiff's letter at Dkt. 31 denominated as a motion to recuse. The motion is denied, as further set forth. Plaintiff also expresses concern that the Court has not provided sufficient direction to him with respect t o service on the Department of Health and Human Services ("HHS"). The Court disagrees. In docket 25, the Court drew Plaintiff's attention to his own exhibits in which the process server he retained explained to Plaintiff that HHS, located at 200 Independence Ave., Washington D.C., does not accept personal service; instead, service must be made by mail to that address. See also 45 C.F.R. 4.1. Plaintiff did not file any affidavit or other document indicating that he did so. The Court thus denied Plaintiff's motion to compel HHS to appear and respond without prejudice to a future application in the event that Plaintiff effects service by mail and files the requisite proof of service, and HHS fails to appear and r espond. (See Dkt. 25.) Accordingly, Plaintiff need only properly serve HHS by mail at 200 Independence Avenue and file a corresponding affidavit of service. SO ORDERED. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 1/9/2024) (mml)
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Filing
30
ORDER terminating 27 Letter Motion to Compel. Plaintiff's Second Motion to compel the HHS is defective for the same reasons as Plaintiff's First Motion to compel HHS and is based on the same certificates of service, none of which demo nstrate proper service (by mail to HHS address in Washington, D.C. to HHS) as required by 45 C.F.R. 4.1 (requiring summons and complaint directed to HHS to be served by mail). If Plaintiff renews the motion a third time but does not include the re quisite proof of service, sanctions may be imposed. The Clerk of Court is respectfully requested to terminate the motion at Dkt. 27. SO ORDERED. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 12/19/2023) (mml)
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Filing
25
ORDER denying without prejudice 22 Letter Motion to Compel. This order addresses Plaintiff's motion at Dkt. 22 to compel the U.S. Department of Health and Human Services ("HHS") to appear and respond. None of the emails or certific ates of service submitted demonstrate proper service on HHS. Plaintiff was informed by the email dated November 20, 2022 at 1:11 p.m. from OnCallLegal, the service agent retained by Plaintiff, that HHS's location at 200 Independence Avenue does not accept personal service, that documents to be served should be mailed, and that Plaintiff that should reach out to OnCallLegal if Plaintiff wished to place a new order for service by mail. See also 45 C.F.R. 4.1 (requiring summons and complaint d irected to HHS to be served by mail). Plaintiff does not appear to have filed an affidavit of service attesting to the requisite mailing. Accordingly, the motion is denied without prejudice to a future application in the event that Plaintiff effects service by mail and files the requisite proof of service, and HHS fails to appear and respond.The Clerk of Court is respectfully requested to terminate the motion at Dkt. 22. SO ORDERED. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 12/11/2023) (mml)
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