Case: Fleisher v. United States

COMPLAINT against UNITED STATES OF AMERICA. (Filing Fee $ 405.00, Receipt Number ANYSDC-32385978)Document filed by Martin Fleisher, Andrea Bierstein..(Kirkpatrick, Ryan) (Entered: 02/09/2026)

CIVIL COVER SHEET filed..(Kirkpatrick, Ryan) (Entered: 02/09/2026)

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ryan Christopher Kirkpatrick. The party information for the following party/parties has been modified: Ryan Christopher Kirkpatrick, UNITED STATES OF AMERICA. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted. (vf)

Case Opening Initial Assignment Notice

Notice to Attorney Regarding Party Modification

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Dale E. Ho. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)

Magistrate Judge Katharine H. Parker is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)

Case Designated ECF. (vf)

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Internal Revenue Service, re: 1 Complaint. Document filed by Andrea Bierstein, Martin Fleisher..(Kirkpatrick, Ryan) Modified on 2/12/2026 (pc). (Entered: 02/11/2026)

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Attorney's Office for the Southern District of New York, re: 1 Complaint. Document filed by Andrea Bierstein, Martin Fleisher..(Kirkpatrick, Ryan) Modified on 2/12/2026 (pc). (Entered: 02/11/2026)

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Justice, re: 1 Complaint. Document filed by Andrea Bierstein, Martin Fleisher..(Kirkpatrick, Ryan) Modified on 2/12/2026 (pc). (Entered: 02/11/2026)

NOTICE OF INITIAL PRETRIAL CONFERENCE: Unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on April 1, 2026 at 11:30 A.M. The conference will be held via Microsoft Teams. The parties should dial in by calling (646) 453-4442 and entering the Phone Conference ID: 304 067 835, followed by the pound (#) sign. Additionally, in accordance with Paragraph 3.c of the Court's Individual Practices, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the conference date. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at: https://nysd.uscourts.gov/hon-dale-e-ho. Any open legal issues can be addressed at the conference. The joint letter shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Practices to that party personally. SO ORDERED. ( Initial Conference set for 4/1/2026 at 11:30 AM before Judge Dale E. Ho.) (Signed by Judge Dale E. Ho on 2/11/26) (yv) (Entered: 02/12/2026)

NOTICE OF APPEARANCE by Steven M. Shepard on behalf of Andrea Bierstein, Martin Fleisher..(Shepard, Steven) (Entered: 02/12/2026)

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Ryan Christopher Kirkpatrick to RE-FILE Document No. 3 Request for Issuance of Summons, 4 Request for Issuance of Summons, 5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Only parties listed on the complaint caption title can be issued a summons. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)

Notice to Attorney Regarding Deficient Request for Issuance of Summons

REQUEST FOR ISSUANCE OF SUMMONS as to United States of America, re: 1 Complaint. Document filed by Andrea Bierstein, Martin Fleisher..(Kirkpatrick, Ryan) (Entered: 02/13/2026)

ELECTRONIC SUMMONS ISSUED as to United States of America..(pc) (Entered: 02/17/2026)

AFFIDAVIT OF SERVICE. United States of America served on 2/17/2026, answer due 3/10/2026. Service was made by Mail. Document filed by Martin Fleisher; Andrea Bierstein..(Kirkpatrick, Ryan) (Entered: 03/06/2026)

NOTICE OF APPEARANCE by Jennifer Ann Jude on behalf of United States of America..(Jude, Jennifer) (Entered: 03/09/2026)

MOTION for Jonathan L. Holbrook to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32523422. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Andrea Bierstein, Martin Fleisher. (Attachments: # 1 Affidavit Holbrook Declaration, # 2 Exhibit DC Certificate of Good Standing, # 3 Proposed Order Proposed Order).(Holbrook, Jonathan) (Entered: 03/10/2026)

MOTION for Spencer F. Walters to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32523838. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Andrea Bierstein, Martin Fleisher. (Attachments: # 1 Affidavit Walters Declaration, # 2 Exhibit Walters Certificate, # 3 Proposed Order Proposed Order).(Walters, Spencer) (Entered: 03/10/2026)

MOTION for Steven Gerald Sklaver to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32524616. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Andrea Bierstein, Martin Fleisher. (Attachments: # 1 Affidavit Sklaver Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order Proposed Order).(Sklaver, Steven) (Entered: 03/10/2026)

Notice Regarding Pro Hac Vice Motion

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 12 MOTION for Jonathan L. Holbrook to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32523422. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 13 MOTION for Spencer F. Walters to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32523838. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)

ORDER FOR ATTORNEY ADMISSION PRO HAC VICE granting 12 Motion for Jonathan L. Holbrook to Appear Pro Hac Vice. (Signed by Judge Dale E. The Clerk of Court is respectfully directed to terminate ECF No. 12. Ho on 3/11/2026) (ks) Transmission to Attorney Services/Help Desk. Modified on 3/11/2026 (ks). (Entered: 03/11/2026)

ORDER FOR ATTORNEY ADMISSION PRO HAC VICE granting 13 Motion for Spencer F. Walters to Appear Pro Hac Vice. The Court is respectfully directed to terminate ECF No. 13.. (Signed by Judge Dale E. Ho on 3/11/2026) (ks) Transmission to Attorney Services/Help Desk. (Entered: 03/11/2026)

ORDER FOR ATTORNEY ADMISSION PRO HAC VICE granting 14 Motion for Steven Gerald Sklaver to Appear Pro Hac Vice. The Clerk of Court is respectfully requested to terminate ECF No. 14.. (Signed by Judge Dale E. Ho on 3/11/2026) (ks) Transmission to Attorney Services/Help Desk. (Entered: 03/11/2026)

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 14 MOTION for Steven Gerald Sklaver to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32524616. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)

Notice Regarding Pro Hac Vice Motion

NOTICE OF APPEARANCE by Zachary B. Savage on behalf of Andrea Bierstein, Martin Fleisher..(Savage, Zachary) (Entered: 03/16/2026)

LETTER MOTION to Adjourn Conference addressed to Judge Dale E. Ho from Jennifer Jude dated 3/24/26. Document filed by United States of America..(Jude, Jennifer) (Entered: 03/24/2026)

ORDER granting 19 Letter Motion to Adjourn Conference. Application GRANTED. The conference currently scheduled for April 1, 2026 is ADJOURNED to April 29, 2026 at 11:30 A.M. All other aspects of the Court's February 11, 2026 Order, ECF No. 6, remain operative. The Clerk of Court is respectfully directed to terminate ECF No. 24. SO ORDERED.. (Signed by Judge Dale E. Ho on 3/25/2026) Initial Conference set for 4/29/2026 at 11:30 AM before Judge Dale E. Ho. (ks) (Entered: 03/25/2026)

LETTER MOTION to Adjourn Conference Scheduled for April 29, 2026 addressed to Judge Dale E. Ho from Jennifer Jude dated 4/16/26., LETTER MOTION for Extension of Time to Respond to Complaint addressed to Judge Dale E. Ho from Jennifer Jude dated 4/16/26. Document filed by United States of America..(Jude, Jennifer) (Entered: 04/16/2026)

ORDER granting 21 Letter Motion to Adjourn Conference; granting 21 Letter Motion for Extension of Time. Application GRANTED. The conference currently scheduled for April 29, 2026 is ADJOURNED to July 17, 2026 at 2 P.M. All other aspects of the Court's February 11, 2026 Order, ECF No. 6, remain operative. Further the deadline to respond to the complaint is adjourned to June 22, 2026. The Clerk of Court is respectfully directed to terminate ECF No. 21. SO ORDERED.. (Signed by Judge Dale E. Ho on 4/20/2026) ( Initial Conference set for 7/17/2026 at 02:00 PM before Judge Dale E. Ho.) (ks) (Entered: 04/20/2026)

Set/Reset Deadlines: United States of America answer due 6/22/2026. (ks)

LETTER MOTION to Adjourn Conference Scheduled for July 17, 2026 addressed to Judge Dale E. Ho from Jennifer Jude dated 6/11/2026., LETTER MOTION for Extension of Time to File Response/Reply to Complaint addressed to Judge Dale E. Ho from Jennifer Jude dated 6/11/2026. Document filed by United States of America..(Jude, Jennifer) (Entered: 06/11/2026)

ORDER granting 23 Letter Motion to Adjourn Conference; granting 23 Letter Motion for Extension of Time to File Response/Reply re 23 LETTER MOTION to Adjourn Conference Scheduled for July 17, 2026 addressed to Judge Dale E. Ho from Jennifer Jude dated 6/11/2026. LETTER MOTION for Extension of Time to File Response/Reply to Complaint addressed to Judge Dale E. Ho from Jennifer Jude dated 6/11/2026. Application GRANTED. The Government shall file its response by August 21, 2026. The conference currently scheduled for July 17, 2026 is ADJOURNED to August 27, 2026. All other aspects of the Court's February 11, 2026 Order, ECF No. 6, remain operative. The Clerk of Court is respectfully directed to terminate ECF No. 23. SO ORDERED.. (Signed by Judge Dale E. Ho on 6/15/2026) ( Responses due by 8/21/2026) (ks) (Entered: 06/15/2026)

MOTION for Jason Bell to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Andrea Bierstein, Martin Fleisher. (Attachments: # 1 Affidavit of Jason Bell, # 2 Exhibit A, # 3 Exhibit B, # 4 Proposed Order for Admission Pro Hac Vice of Jason Bell).(Bell, Jason) (Entered: 08/19/2026)

Notice Regarding Pro Hac Vice Motion

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 25 MOTION for Jason Bell to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)

JOINT LETTER addressed to Judge Dale E. Ho from Ryan C. Kirkpatrick dated August 20, 2026 re: Initial Pretrial Conference. Document filed by Andrea Bierstein, Martin Fleisher. (Attachments: # 1 Exhibit Proposed Civil Case Management Plan and Scheduling Order).(Kirkpatrick, Ryan) (Entered: 08/20/2026)

1 Exhibit Proposed Civil Case Management Plan and Scheduling Order

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ORDER FOR ADMISSION PRO HAC VICE OF JASON BELL granting 25 Motion for Jason Bell to Appear Pro Hac Vice. The Clerk of Court is respectfully directed to terminate ECF No. 25.. (Signed by Judge Dale E. Ho on 8/20/2026) (ks) Transmission to Attorney Services/Help Desk. (Entered: 08/20/2026)

MOTION to Dismiss the Class Action Complaint. Document filed by United States of America..(Jude, Jennifer) (Entered: 08/21/2026)

MEMORANDUM OF LAW in Support re: 28 MOTION to Dismiss the Class Action Complaint. . Document filed by United States of America..(Jude, Jennifer) (Entered: 08/21/2026)

ORDER: The Court is in receipt of the parties' joint status letter. ECF No. 26. The Court adopts the parties' proposed briefing schedule on the fo1thcoming motion to dismiss; Defendant shall file any such motion by August 21, 2026, Plaint iffs shall file any opposition by October 20, 2026, and Defendant's reply shall be filed by November 19, 2026. The Initial Pretrial Conference scheduled for August 27, 2026 is ADJOURNED SINE DIE. Further, discovery is STAYED pending resolution o f the Motion to Dismiss. Should the Court deny the forthcoming Motion to Dismiss in any respect, the parties shall submit a joint status letter to the Court within one week of that Order with a proposed case management plan, a template of which can be found on the Court's website. SO ORDERED. (Signed by Judge Dale E. Ho on 8/21/2026) ( Motions due by 8/21/2026., Responses due by 10/20/2026, Replies due by 11/19/2026.) (ks)

NOTICE OF APPEARANCE by Casen Ross on behalf of Andrea Bierstein, Martin Fleisher..(Ross, Casen) (Entered: 08/25/2026)