BARUCH v. UNITED STATES OF AMERICA

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS for #20 Report and Recommendations, and thus denies the petition to quash the FDR; grants Respondent's motion to dismiss the petition to quash the FDR; and grants Petitioner's motion to extend the time to serve a Rule 4(m) summons. Signed by Judge Claire C. Cecchi on 5/29/13. (jd, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

DORIS A. BARUCH,

Civil Action No.: 12-cv-767 (CCC-JAD)

Petitioner,
V.

UNITED STATES OF AMERICA,

0RDER

Respondent.

CECCHI, District Judge.
This matter comes before the Court upon the following applications: (1) Doris A. Baruch’s
(“Petitioner”) petition to quash an IRS Formal Document Request (“FDR”) [Docket No. 1]; (2)
Respondent’s motion to dismiss the petition to quash the FDR [Docket No. 2]; and (3) Petitioner’s
motion to extend the time to serve a summons pursuant to Fed. R. Civ. P. 4(m) [Docket No. 1 5].
On April 29, 2013 Magistrate Judge Joseph A. Dickson issued a Report and Recommendation that
the petition to quash the FDR be denied; that Respondent’s motion to dismiss the petition to quash
the FDR be granted; and that Petitioner’s motion to extend the time to serve a Rule 4(m) summons
be granted,

Respondent filed a “protective objection” to Judge Dickson’s Report and

Recommendation on May 13, 2013 [Docket No. 22], in the event that Petitioner objected to the
Report and Recommendation. Petitioner has not objected to the Report and Recommendation and
Respondent thereafter withdrew its protective objection on May 23, 2013 [Docket No. 23]. The
Court has considered the submissions of the parties, and Judge Dickson’s Report and
Recommendation, and for substantially the same reasons stated therein,

IT IS on this 29th day of May, 2013
ORDERED that this Court adopts Judge Dickson’s April 29, 2013 Report and
Recommendation and thus denies the petition to quash the FDR; grants Respondent’s motion to
dismiss the petition to quash the FDR; and grants Petitioner’s motion to extend the time to serve a
Rule 4(m) summons.

HON. CLAIRE C. CECCHI
United States District Judge

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