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