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Case TitleChecksfield v. Internal Revenue Service
DistrictNorthern District of New York
CitySyracuse Syracuse
Case Number5:2021cv01180
Date Filed2021-10-29
Date ClosedOpen
JudgeChief Judge Glenn T. Suddaby
PlaintiffKevin D Checksfield
Case DescriptionKevin Checksfield submitted a FOIA request to the IRS for records. The agency acknowledged receipt of the request but after hearting nothing further from the agency, Checksfield filed suit
Complaint issues: Failure to respond within statutory time limit

DefendantInternal Revenue Service
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [24]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-10-291COMPLAINT WITH JURY DEMAND against Internal Revenue Service (Filing fee $402 receipt number SYR059971) filed by Kevin D Checksfield. (Attachments: # 1 Civil Cover Sheet)(gmd, ) (Entered: 10/29/2021)
2021-10-292PRO SE HANDBOOK, LOCAL RULES, and NOTICE issued and explained to Kevin D Checksfield at time complaint was file. (gmd, ) (Entered: 10/29/2021)
2021-10-293Summons Issued as to the Internal Revenue Service, # 1 the United States Attorney General, and # 2 the United States Attorney's Office.(gmd, ) (Entered: 10/29/2021)
2021-10-294G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 1/26/2022 at 02:30 PM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/19/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (gmd, ) (Entered: 10/29/2021)
2021-11-035CERTIFICATE OF SERVICE SENT by Kevin D Checksfield to USAG and # 1 USAO(gmd, ) (Entered: 11/03/2021)
2022-01-066REQUEST FOR ISSUANCE OF SUMMONS(ES): Kevin D Checksfield is requesting summons(es) be issued as to Commissioner of Internal Revenue Service (gmd, ) (Entered: 01/06/2022)
2022-01-067Summons Issued as to Internal Revenue Service. (gmd, ) (Entered: 01/06/2022)
2022-01-118CERTIFICATE OF SERVICE by Kevin D Checksfield to Commissioner of Internal Revenue. (gmd, ) (Entered: 01/11/2022)
2022-01-149CERTIFICATE OF SERVICE by Kevin D Checksfield re 3 Summons Issued as to the USAO. (gmd, ) (Entered: 01/14/2022)
2022-01-1410CERTIFICATE OF SERVICE by Kevin D Checksfield re 3 Summons Issued as to the USAG. (gmd, ) (Entered: 01/14/2022)
2022-01-1411CERTIFICATE OF SERVICE by Kevin D Checksfield re 7 Summons Issued as to the IRS. (gmd, ) (Entered: 01/14/2022)
2022-01-14***Answer due date updated for Internal Revenue Service answer due 3/14/2022. (gmd, ) (Entered: 01/14/2022)
2022-01-1812CIVIL CASE MANAGEMENT PLAN Filed by Kevin D Checksfield. (gmd, ) (Entered: 01/18/2022)
2022-01-1813***STRICKEN PURSUANT TO THE COURTS 14 ORDER*** Initial Disclosure Statement filed by Kevin D Checksfield (gmd, ) Modified on 1/20/2022 (jdp ). (Entered: 01/18/2022)
2022-01-2014TEXT ORDER STRIKING DKT. 13 FILING: Clerk of the Court is directed to strike Plaintiffs Dkt. No. 13 in its entirety. This Filing violates N.D.N.Y. L.R. 26.2. The court does not accept the filing of discovery materials, such as, Interrogatories, Document Requests, Document Demands, Disclosures, etc., unless the court specifically directs such documents be filed or when submitted in support of a motion filed pursuant to Rule 37 of the Federal Rules of Civil Procedure. Since the court has not directed the filing of correspondence related to discovery in this action, nor are plaintiff's submissions in support of a motion filed pursuant to Rule 37, neither discovery related materials nor certificates of service regarding the same are to be filed with the Court. This filing is stricken from the docket and will not be considered by the court. Furthermore, Plaintiff is directed to follow local rule 26.2. SO ORDERED by Magistrate Judge Miroslav Lovric on 1/20/2022. (copy served via regular mail on Plaintiff) (jdp) (Entered: 01/20/2022)
2022-01-2015TEXT ORDER: The Rule 16 Initial Conference scheduled for 1/26/2022 is re-scheduled for 4/19/2022 at 11:00 a.m. before Magistrate Judge Miroslav Lovric, via telephone conference. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/12/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) SO ORDERED by Magistrate Judge Miroslav Lovric on 1/20/2022. (copy served via regular mail on Plaintiff) (jdp ) (Entered: 01/20/2022)
2022-01-2416CERTIFICATE OF SERVICE by Kevin D Checksfield re Summons, Complaint, and Letters to the Attorney General's Office. (ztc, ) (Entered: 01/24/2022)
2022-01-2417CERTIFICATE OF SERVICE by Kevin D Checksfield re Summons, Complaint, and Letters to the U.S. Attorney's Office. (ztc, ) (Entered: 01/24/2022)
2022-01-2718First MOTION to Dismiss for failure to state a claim and for lack of jurisdiction filed by Internal Revenue Service. Response to Motion due by 2/17/2022. Reply to Response to Motion due by 2/24/2022 (Attachments: # 1 Memorandum of Law) (Morton, Benton) (Entered: 01/27/2022)
2022-01-2819TEXT ORDER: In light of the filing of Motion to Dismiss 18 , the Rule 16 Initial Conference scheduled for 4/19/2022 at 11:00 a.m. before Magistrate Judge Miroslav Lovric and the deadlines for filing of the Civil Case Management Plan and exchange of Mandatory Disclosures are all STAYED without date. SO ORDERED by Magistrate Judge Miroslav Lovric on 1/28/2022. (copy served via regular mail on Plaintiff)(jdp ) (Entered: 01/28/2022)
2022-01-2820NOTICE by Internal Revenue Service re 18 First MOTION to Dismiss for failure to state a claim and for lack of jurisdiction filed by Internal Revenue Service. (Morton, Benton) (Entered: 01/28/2022)
2022-01-28TEXT NOTICE TO PLAINTIFF re 18 Motion to Dismiss for failure to state a claim: On January 27, 2022, defendant moved to dismiss plaintiff's complaint for failure to state a claim. See Dkt. No. 18 . While you are entitled to file a response to that motion, and the court may benefit from such a response, you are not required to do so. This is because motions to dismiss are generally evaluated by considering only the complaint and other documents incorporated by reference within or attached to it. Should you choose to file a response in this case, it is due on February 17, 2022. Please file your response, if any, in writing and in accordance with the Local Rules of Practice and Federal Rules of Civil Procedure. You may file your response by mailing it to: United States District Court, Northern District of New York, P.O. Box 7367, 100 South Clinton St., Syracuse, NY 13261-7367. In the event that you choose not to file a response, you are required to promptly notify the court and all other parties at the earliest practicable date, but, in any event, no less than TWENTY-ONE DAYS from the date of filing of the motion, unless good cause is shown. This motion is returnable before Chief Judge Glenn T. Suddaby and is taken on submission of the papers. (Served plaintiff by regular mail). (sal ) (Entered: 01/28/2022)
2022-02-0121AFFIDAVIT re 18 First MOTION to Dismiss for failure to state a claim and for lack of jurisdiction filed by Internal Revenue Service. Declaration of Service by Internal Revenue Service. (Morton, Benton) (Entered: 02/01/2022)
2022-02-1522RESPONSE in Opposition # 18 First MOTION to Dismiss for failure to state a claim and for lack of jurisdiction filed by Internal Revenue Service. filed by Kevin D Checksfield. (Attachments: # 1 Certificate of Service, # 2 Affidavit, # 3 Memorandum of Law)(gmd, ) (Entered: 02/15/2022)
2022-02-2323REPLY to Response to Motion re 18 First MOTION to Dismiss for failure to state a claim and for lack of jurisdiction filed by Internal Revenue Service. filed by Internal Revenue Service. (Morton, Benton) (Entered: 02/23/2022)
2022-07-1324DECISION AND ORDER that Defendant's 18 motion to dismiss is GRANTED. Plaintiff's Section 1983 claim is DISMISSED without prejudice. Plaintiff's FOIA claim shall be DISMISSED with prejudice, UNLESS, within THIRTY (30) DAYS from the date of this Decision and Order, Plaintiff files an AMENDED COMPLAINT that cures the pleading defects identified in this Decision and Order. Any Amended Complaint filed by Plaintiff must be a complete pleading, which will supersede his original Complaint in all respects, and which may not incorporate any portion of his original Complaint by reference. In the event that Plaintiff should fail to file an Amended Complaint that complies with the terms of this Decision and Order as set forth above, the Clerk shall enter Judgment dismissing this action without further Order of this Court. Signed by Chief Judge Glenn T. Suddaby on 7/13/2022. (Copy served upon plaintiff via regular mail) (sal ) (Entered: 07/13/2022)
2022-07-13Set Deadlines: Notice of Compliance Deadline 8/12/2022. Case Review Deadline 9/12/2022. (sal) (Entered: 07/13/2022)
2022-08-1025MOTION to Amend/Correct the # 1 Complaint filed by Kevin D Checksfield, Pro Se. Response to Motion due by 8/31/2022. (Attachments: # 1 Amended Complaint) Motions referred to Miroslav Lovric. (Filed at the public counter in Syracuse) (jmb) (Entered: 08/10/2022)
2022-08-3126RESPONSE in Opposition re 25 MOTION to Amend/Correct 1 Complaint filed by Kevin D Checksfield. filed by Internal Revenue Service. (Morton, Benton) (Entered: 08/31/2022)
2022-09-0827REPLY to Dkt. # 26 Response to Motion re Dkt. # 25 MOTION to Amend/Correct the Dkt. # 1 Complaint filed by Kevin D Checksfield. (gmd, ) (Entered: 09/08/2022)
2022-09-0828CERTIFICATE OF SERVICE filed by Kevin D Checksfield re Dkt. # 25 MOTION to Amend/Correct the Dkt. # 1 Complaint.(gmd, ) (Entered: 09/08/2022)
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by FOIA Project Staff
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