Schiffman v. United States of America
Filing
41
ORDER directing the Clerk to enter Judgment in favor of the Government on Plaintiff Schiffman's original complaint and on the Government's counterclaims as set forth in the Court's 40 Memorandum and Order. So Ordered by Judge Mary M. Lisi on 4/15/2014. (Duhamel, John)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
RICHARD SCHIFFMANN,
Plaintiff,
v.
C.A. No. 12-695 ML
UNITED STATES OF AMERICA,
Defendant.
_________________________________
UNITES STATES OF AMERICA,
Counterclaim Plaintiff,
v.
RICHARD SCHIFFMANN, GEORGE STROUTHOPOULOS,
ERWIN W. VAHLSING, JR., and STEPHEN
CUMMINGS,
Counterclaim Defendants.
ORDER
On April 9, 2014, this Court issued a Memorandum and Order (Docket # 40)
granting the Government’s Motion for Summary Judgment (Docket #33) on the
counterclaims asserted by the Government as to Richard Schiffmann, George
Strouthopoulos, and Stephen Cummings. After issuing its decision on the Motion for
Summary Judgment, the Court inquired of counsel for the Government and Mr.
Schiffmann as to their position regarding Mr. Schiffmann’s claim to set aside the
assessments and penalties (Docket #1) inasmuch as those claims relate to the
Government’s counterclaim.
In correspondence with the Court, Mr. Schiffmann, through counsel, asserts that
his claims remain viable since they were not addressed in the Government’s Motion for
Summary Judgment. The Government acknowledges that it did not move for summary
judgment on Schiffmann’s original claim, but it takes the position that the decision on
the Motion for Summary Judgment resolves all the outstanding issues in the case.
The Memorandum and Order details the liability of each counterclaim Defendant
including Schiffmann. In light of the Court’s factual determinations as set forth in the
Memorandum and Order, it is readily apparent that Schiffmann’s claims as asserted in
the original complaint have been determined to be without merit.
Accordingly, the Clerk is directed to enter Judgment in favor of the Government
on Schiffmann’s original complaint and on the Government’s counterclaims as set forth
in the Memorandum and Order issued on April 9, 2014.
SO ORDERED:
/s/ Mary M. Lisi
Mary M. Lisi
United States District Judge
April 15, 2014
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