Manchanda v. Wang et al

Filing 30

ORDER terminating 27 Letter Motion to Compel. Plaintiff's Second Motion to compel the HHS is defective for the same reasons as Plaintiff's First Motion to compel HHS and is based on the same certificates of service, none of which demo nstrate proper service (by mail to HHS address in Washington, D.C. to HHS) as required by 45 C.F.R. 4.1 (requiring summons and complaint directed to HHS to be served by mail). If Plaintiff renews the motion a third time but does not include the re quisite proof of service, sanctions may be imposed. The Clerk of Court is respectfully requested to terminate the motion at Dkt. 27. SO ORDERED. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 12/19/2023) (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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RAHUL MANCHANDA,
:
:
Plaintiff,
:
:
- against :
:
SHI SHI WANG,
:
NYS Assistant Attorney General, et al,
:
:
Defendants.
:
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12/19/2023
23-CV-9403 (JHR) (RWL)

ORDER

ROBERT W. LEHRBURGER, United States Magistrate Judge.
Plaintiff’s Second Motion to compel the HHS is defective for the same reasons as
Plaintiff’s First Motion to compel HHS and is based on the same certificates of service,
none of which demonstrate proper service (by mail to HHS address in Washington, D.C.
to HHS) as required by 45 C.F.R. 4.1 (requiring summons and complaint directed to HHS
to be served by mail). If Plaintiff renews the motion a third time but does not include the
requisite proof of service, sanctions may be imposed.
The Clerk of Court is respectfully requested to terminate the motion at Dkt. 27.

SO ORDERED.

_________________________________
ROBERT W. LEHRBURGER
UNITED STATES MAGISTRATE JUDGE
Dated: December 19, 2023
New York, New York
Copies transmitted this date to all counsel of record.