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Case TitleBuff v. United States of America et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv07182
Date Filed2020-09-03
Date Closed2023-08-17
JudgeJudge George B. Daniels
PlaintiffCarolyn Buff
Case DescriptionCarolyn Buff, a U.S. citizen living abroad since 1994, requested her tax files through her attorney. The agency acknowledged receipt of the request and indicated that it was processing her request. However, after hearing nothing further from the agency, Ball filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States of America
DefendantUS Treasury Department
DefendantInternal Revenue Service (IRS)
DefendantCeleste Neal IRS Disclosure Manager
DefendantEric Gadsden IRS Disclosure Specialist
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [3]
Opinion/Order [8]
Opinion/Order [11]
Opinion/Order [14]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-09-031COMPLAINT against Eric Gadsden, Internal Revenue Service (IRS), Celeste Neal, US Treasury Department, United States of America. Document filed by Carolyn Buff. (Attachments: # 1 Exhibit).(rdz) (Entered: 09/03/2020)
2020-09-03Case Designated ECF. (rdz) (Entered: 09/03/2020)
2020-09-032SUMMONS. Document filed by Carolyn Buff. (rdz) (Entered: 09/03/2020)
2020-09-17NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(bcu) (Entered: 09/17/2020)
2020-09-183ORDER DIRECTING PAYMENT OF FEES OR IFP APPLICATION: Plaintiff is directed to render payment of the relevant fees or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States , 369 U.S. 438, 444-45 (1962). Fees due by 10/19/2020. In Forma Pauperis (IFP) Application due by 10/19/2020. (Signed by Judge Colleen McMahon on September 18, 2020) (Attachments: # 1 IFP application) (jjg) Transmission to Docket Assistant Clerk for processing. (Entered: 09/18/2020)
2020-09-18Mailed a copy of 3 Order Directing Payment of Fee or IFP Application, and an IFP Application, to Carolyn Buff at c/o Steven Kraft, Bahnhofplatz 9, 8001 Zurich, Switzerland. (kh) (Entered: 09/18/2020)
2020-09-214PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Carolyn Buff consents to receive electronic service via the ECF system. Document filed by Carolyn Buff.(sc) (Entered: 09/21/2020)
2020-10-015MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING, re: for Permission for Carolyn Buff to participate in electronic case filing in this case. Document filed by Carolyn Buff.(sc) (Entered: 10/01/2020)
2020-10-19Pro Se Payment of Fee Processed: $400.00 Check processed by the Finance Department on 10/15/2020, Receipt Number 465401268405. (sw) (Entered: 10/19/2020)
2020-11-13CASE ACCEPTED AS RELATED. Create association to 1:19-cv-05549-GBD-KNF. Notice of Assignment to follow. (wb) (Entered: 11/13/2020)
2020-11-13NOTICE OF CASE REASSIGNMENT to Judge George B. Daniels. Judge Colleen McMahon is no longer assigned to the case..(wb) (Entered: 11/13/2020)
2020-11-13Magistrate Judge Kevin Nathaniel Fox 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 . (wb) (Entered: 11/13/2020)
2020-11-167ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Related to Case 19-CV-5549. Referred to Magistrate Judge Kevin Nathaniel Fox. Motions referred to Kevin Nathaniel Fox. (Signed by Judge George B. Daniels on 11/16/2020) (jwh) (Entered: 11/16/2020)
2020-11-198ORDER : The Clerk of Court is directed to issue summonses as to the United States of America, the United States Treasury Department, the Internal Revenue Service ("IRS"), Celeste Neal, an IRS Disclosure Manager, and Eric Gadsden, an IRS Disclosure Specialist. The plaintiff is directed to serve a summons and the complaint on each defendant within 90 days of the issuance of the summonses. If within those 90 days, the plaintiff has not either served the defendants or requested an extension of time to do so, the complaint may be subject to dismissal under Rules 4(m) or 41(b) of the Federal Rules of Civil Procedure. The plaintiff's motion for permission for electronic case filing, Docket Entry No. 5, is granted. The plaintiff filed a consent to receive electronic service of notices and documents filed in this action. See Docket Entry No. 4. The Clerk of Court is directed to mail an information package to the plaintiff. SO ORDERED. ( USM-285 Form due by 12/21/2020., Request for Issuance of Summons due by 12/21/2020.), Motions terminated: 5 MOTION for Permission for Carolyn Buff to participate in electronic case filing in this case. filed by Carolyn Buff. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/19/20) (yv) Transmission to Pro Se Assistants for processing. Modified on 11/20/2020 (yv). (Entered: 11/20/2020)
2020-11-239SUMMONS ISSUED as to Eric Gadsden, Internal Revenue Service (IRS), Celeste Neal, US Treasury Department, United States of America. (ta) (Entered: 11/23/2020)
2020-11-2310INFORMATION PACKAGE MAILED to Carolyn Buff c/o Steven Kraft Bahnhofplatz 9 Switzerland Zurich 8001 CH, at, on 11/23/2020 Re: 8 Order of Service Terminate Motions via MAIL. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, one or more summonses (only if you have paid the fee in person or if the judge has ordered that a summons be issued to you) - 5 copies of Summons(es) mailed. (ta) (Entered: 11/23/2020)
2020-12-0211PRO SE PRETRIAL CONFERENCE: Pro se Plaintiff and counsel for all parties are hereby notified that this case is referred to Magistrate Kevin N. Fox for the purposes of Case Management and Scheduling pursuant to Federal Rule Civil Procedure 16. You are directed to furnish all attorneys in this action with copies of this order and enclosures. If you are unaware of the identity of counsel for any of the parties, you must send a copy of the notice and rules to that party personally. All correspondence to the Court should be addressed to the chambers of Magistrate Judge Kevin N. Fox and submitted to the Pro Se Intake Unit, located in the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007 telephone (212) 805-0175. Any procedural questions by Pro Se plaintiff should be addressed to the Office of Pro SeIntake Unit at (212) 805-0175. (Signed by Judge George B. Daniels on 12/2/2020) (cf) (Entered: 12/02/2020)
2022-02-01NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Jennifer E. Willis. Please note that this is a reassignment of the designation only. (sjo) (Entered: 02/01/2022)
2022-02-01NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Jennifer E Willis, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Magistrate Judge Kevin Nathaniel Fox no longer referred to the case. (sjo) (Entered: 02/01/2022)
2023-03-2012LETTER addressed to Magistrate Judge Jennifer Willis from C. Buff, dated 3/20/23 re: The documents were properly served on the defendant, but the defendant has not answered. I would therefore like to move for Summary Judgment in this case. I do not believe that a status conference is required etc. Document filed by Carolyn Buff.(sc) (Entered: 03/20/2023)
2023-03-2813LETTER addressed to Magistrate Judge Jennifer Willis from Stephen Cha-Kim dated 3/28/2023 re: Lack of Service. Document filed by United States of America..(Cha-Kim, Stephen) (Entered: 03/28/2023)
2023-08-1714ORDER: This above-captioned case is ordered dismissed pursuant to Federal Rule 4(m) of Civil Procedure for improper service, Rule 41 (b) for failure to timely prosecute, and as moot in light of this Court's decision granting summary judgment in the related case of United States of America v. Carolyn Buff, No. 19 Civ. 5549 (GBD) (JW). The Clerk of Court is hereby ORDERED to close the above-captioned case. The Clerk of Court is also directed to mail this Order to pro se Plaintiff at her last address of record. SO ORDERED. (Signed by Judge George B. Daniels on 8/17/2023) (ama) (Entered: 08/17/2023)
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