State Of New York et al v. Mnuchin et al

Filing 42

MOTION to Dismiss ., MOTION to Dismiss for Lack of Jurisdiction . Document filed by David J Kautter, Steven T. Mnuchin, United States Department of Treasury, United States Internal Revenue Service, United States Of America.(Barnea, Jean-David)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK STATE OF NEW YORK, STATE OF CONNECTICUT, STATE OF MARYLAND, and STATE OF NEW JERSEY, Plaintiffs, v. 18 Civ. 6427 (JPO) STEVEN T. MNUCHIN, in his official capacity as Secretary of the United States Department of Treasury; the UNITED STATES DEPARTMENT OF TREASURY; CHARLES P. RETTIG, in his official capacity as Commissioner of the United States Internal Revenue Service; the UNITED STATES INTERNAL REVENUE SERVICE; and the UNITED STATES OF AMERICA, Defendants. NOTICE OF MOTION TO DISMISS PLEASE TAKE NOTICE that upon the accompanying memorandum of law, defendants Steven T. Mnuchin, in his official capacity as the Secretary of the Treasury; the United States Department of the Treasury; Charles P. Rettig, 1 in his official capacity as Commissioner of Internal Revenue; the Internal Revenue Service; and the United States of America, by their attorney, Geoffrey S. Berman, United States Attorney for the Southern District of New York, shall move this Court for an order dismissing the Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). 1 Pursuant to Federal Rule of Civil Procedure 25(d), Charles P. Rettig, the Commissioner of Internal Revenue, is automatically substituted as a defendant for David J. Kautter, the former Acting Commissioner of Internal Revenue. Dated: New York, New York November 2, 2018 Respectfully submitted, RICHARD E. ZUCKERMAN Principal Deputy Assistant Attorney General U.S. Department of Justice, Tax Division GEOFFREY S. BERMAN United States Attorney for the Southern District of New York By: By: s/Edward J. Murphy EDWARD J. MURPHY JORDAN A. KONIG Trial Attorneys P.O. Box 55, Ben Franklin Station Washington, D.C. 20044 Tel.: (202) 307-6064/305-7917 Fax: (202) 514-5238 Email: s/Jean-David Barnea JEAN-DAVID BARNEA REBECCA S. TINIO Assistant United States Attorneys 86 Chambers Street, Third Floor New York, New York 10007 Tel.: (212) 637-2679/2774 Fax: (212) 637-2686 Email:

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