United States of America v. Kansky et al

Filing 72

Chief Judge Patti B. Saris: ORDER entered. ORDER ON REPORT AND RECOMMENDATIONS: "I ADOPT the report and recommendation and DENY defendant's motion to non-suit the plaintiff." Action on motion: ADOPTING 64 Report and Recommendations; DENYING 61 Motion for Judgment on the Pleadings. (LaFlamme, Jennifer)

Case 1:12-cv-12198-PBS Document 64 Filed 11/06/13 Page 1 of 3

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETIS
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UNITED STATES OF AMERICA,
Plaintiff,

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BERNARD A. KANSKY, et aI.,
Defendants.

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Civil No. 12-12198-PBS

REPORT AND RECOMMENDATION ON

DEFENDANT'S MOTION TO NON-SUIT THE PLAINTIFF

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November 6,2013

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SOROKIN, C.MJ.

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In this action, the government seeks to reduce to judgment more than $200,000 in alleged
~ rJ, federal income tax liabilities of defendant Bernard A. Kansky, and to enforce related federal tax

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damages from the government, Doc. Nos. 54, 58, and the undersigned's recommendation that the

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liens via judicial sale of two properties in which Kansky has an ownership interest.' See

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government's motion for summary judgment be allowed is currently pending before the District
Judge, Doc. No. 59.
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On November 4,2013, Kansky filed a document entitled "Defendants' Motion to Non­
Suit the Plaintiff for the Verification of Answers to Interrogatories to the Plaintiff by DOJ

~ Counsel for the Plaintiff." Doc. No. 61.

The government promptly opposed the motion. Doc.

'Also named as defendants are Kansky's wife, two real estate trusts, the Town of Hull,
and the City of Boston. Doc. No.1. Two other defendants, Mortgage Electronic Registration
Systems, Inc. and Wells Fargo Bank, N.A., have defaulted. Doc. No. 30.
2Kansky has sought an extension oftime to file objections to that recommendation, Doc.
No. 60, a request which will be resolved by the District Judge.