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)
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: Edward.J.Murphy@usdoj.gov
Jordan.A.Konig@usdoj.gov
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: Jean-David.Barnea@usdoj.gov
Rebecca.Tinio@usdoj.gov
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