Windsor v. The United States Of America

Filing 2

SUMMONS RETURNED EXECUTED Summons and Complaint served. The United States Of America served on 11/9/2010, answer due 1/8/2011. Service was accepted by Calvin Coleman, Legal Technician. Service was made by Certified Mail. Document filed by Edith Schlain Windsor. (Kaplan, Roberta)

AO 440 (Rev 12/09) Summons in a Civil Action UNITED STATES DISTRICT COURT for the TO CV Southern District of Ne EDITH SCHLAIN WINDSOR 8435 Plaintiff Civil Action No. V. THE UNITED STATES OF AMERICA Defendant SUWfti0|f S m A CIVIL ACTION To: (Defendant's name and address) The United States Of America do Preet Bharara, United States Attorney U.S. Attorney's Office for the Southern District of New York 86 Chambers Street New York, New York 10007 JUDGE xm A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (aX2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of Hie Federal Rules of Civil Procedure. The answer or motion must be saved on the plaintifif or plaintiffs attorney, whose name and address are: Roberta A. Kaplan, Esq., Paul, Weiss, RHkind, Wharton & Garrison WP 1285 Avenue of the Americas, New York, NY 10019-6064 James D. Esseks, Esq., American Civil Liberties Union Foundation 125 Broad Street, New York, NY 10004*2400 If you fail to respond, judgment by default will be entered against you for iSa^jsMM^^fm^d in the complaint. You also must file your answer or motion with the court. ^tv!> * ^ ^ £ ' ^ ^ ^ v Date: 11/09/2010 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK EDITH SCHLAIN WINDSOR, Plaintiff, 10cv8435(BSJ)(JCF) AFFIDAVIT OF SERVICE BY HAND v. THE UNITED STATES OF AMERICA, Defendant. STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) Austin K. Wilkinson, being duly sworn, deposes and says: 1.1 am not a party to this action, am over 18 years of age and am employed by Paul, Weiss, Rifkind, Wharton & Garrison LLP, 1285 Avenue of the Americas, New York, New York 10019. 2. On November 9, 2010,1 served true copies of the SUMMONS IN A CIVIL ACTION, COMPLAINT, CIVIL COVER SHEET, INDIVIDUAL PRACTICES OF JUDGE BARBARA S. JONES, INDIVIDUAL PRACTICES OF JUDGE FRANCIS and ELECTRONIC CASE FILING RULES & INSTRUCTIONS OF THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK on the following: The United States of America c/o Preet Bharara, United States Attorney U.S. Attorney's Office for the Southern District of New York 86 Chambers Street New York, New York 10007 3.1 made such service by personally delivering true copies of the aforementioned documents to Calvin Coleman, Legal Technician, who stated that he was authorized to accept service on behalf of The United States of America at the above stated address. 4.1 would describe Calvin Coleman as a African American male, 36 years of age, with black hair and brown eyes. He stood 6 feet tall and weighed approximately 150 lbs. AUSTIN K. WILKINSON Sworn to before me this [fl^day of November, 2010. ALEX SOUZA Notary Public, State of New York No. 01SO6199477 Qualified in New York County Commission Expires January 12, 201 i UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK EDITH SCHLAIN WINDSOR, Plaintiff, 10cv8435(BSJ)(JCF) AFFIDAVIT OF SERVICE THE UNITED STATES OF AMERICA, Defendant. STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) ALEX C. SOUZA, being duly sworn, deposes and says: 1.1 am not a party to this action, am over 18 years of age and am employed by Paul, Weiss, Rifkind, Wharton & Garrison LLP, 1285 Avenue of the Americas, New York, New York 10019. 2. On November 9, 2010,1 served true copies of the CIVIL COVER SHEET, SUMMONS IN A CIVIL ACTION, and COMPLAINT in this case, and copies of INDIVIDUAL PRACTICES OF JUDGE BARBARA S. JONES, INDIVIDUAL PRACTICES OF JUDGE FRANCIS and the ELECTRIC CASE FILING RULES & INSTRUCTIONS OF THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK on the following: THE HONORABLE ERIC J. HOLDER, JR. Attorney General U.S. Department of Justice 950 Pennsylvania Avenue N.W. Washington, DC 20530-0009 DOUGLAS H. SHULMAN Commissioner Internal Revenue Service 1111 Constitution Avenue N.W Washington, DC 20224-0002 R.A. MITCHELL Director of Campus Compliance Operations Internal Revenue Service Cincinnati, OH 45999-0021 3.1 made such service by personally enclosing true copies of the aforementioned documents in properly addressed, prepaid wrappers and depositing them into an official depository under the exclusive custody and care of the United States Postal Service within the State of New York for delivery via certified U.S. mail. Sworn to before me this f day of November, 2010. Notary Fublic TREVOR J. HILL Notary Public, State of New York NO.01HI6181594 Qualified in Bronx County Certificate Filed in New York County Commission Expiies Feb. 04,2012