Case: Fleisher v. United States

1:26-cv-01096 | U.S. District Court for the Southern District of New York

Filed Date: Feb. 9, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 9, 2026, two residents of New York filed this putative class action complaint against the United States government in U.S. District Court for the Southern District of New York. In their complaint, plaintiffs allege that the Internal Revenue Service (IRS) ignored Congress's 2019 amendment to the Robert T. Stafford Disaster Relief and Emergency Assistance Act during the COVID-19 pandemic. Pursuant to the 2019 Amendment, this should have triggered mandatory tax relief—including the eli…

On February 9, 2026, two residents of New York filed this putative class action complaint against the United States government in U.S. District Court for the Southern District of New York. In their complaint, plaintiffs allege that the Internal Revenue Service (IRS) ignored Congress's 2019 amendment to the Robert T. Stafford Disaster Relief and Emergency Assistance Act during the COVID-19 pandemic. Pursuant to the 2019 Amendment, this should have triggered mandatory tax relief—including the elimination of the Interest-Limiting Exemptions—for all U.S.-based taxpayers. But the IRS refused to provide such relief to all such taxpayers. Instead, the IRS granted limited discretionary extensions of individual income tax filing deadlines to certain taxpayers in 2020. Plaintiffs, on behalf of themselves and similarly situated taxpayers, brought this action pursuant to the Little Tucker Act, 28 U.S.C. § 1346(a)(2), seeking payment of the overpayment interest that the government owes pursuant to 26 U.S.C. §§ 6611 and 7508A. 

The case was assigned to Magistrate Judge Katharine H. Parker.

This case is ongoing.

Summary Authors

Madilynn O'Hara (2/13/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72251991/parties/fleisher-v-united-states/


Attorney for Plaintiff

Kirkpatrick, Ryan Christopher (New York)

Shepard, Steven M. (New York)

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Documents in the Clearinghouse

Document
1

1:26-cv-01096

Class Action Complaint

Feb. 9, 2026

Feb. 9, 2026

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/72251991/fleisher-v-united-states/

Last updated March 10, 2026, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

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)

Feb. 9, 2026

Feb. 9, 2026

Clearinghouse
2

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

Feb. 9, 2026

Feb. 9, 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)

Feb. 10, 2026

Feb. 10, 2026

Case Opening Initial Assignment Notice

Feb. 10, 2026

Feb. 10, 2026

Notice to Attorney Regarding Party Modification

Feb. 10, 2026

Feb. 10, 2026

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)

Feb. 10, 2026

Feb. 10, 2026

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)

Feb. 10, 2026

Feb. 10, 2026

Case Designated ECF. (vf)

Feb. 10, 2026

Feb. 10, 2026

3

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)

Feb. 11, 2026

Feb. 11, 2026

4

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)

Feb. 11, 2026

Feb. 11, 2026

5

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)

Feb. 11, 2026

Feb. 11, 2026

6

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)

Feb. 11, 2026

Feb. 11, 2026

7

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

Feb. 12, 2026

Feb. 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)

Feb. 12, 2026

Feb. 12, 2026

Notice to Attorney Regarding Deficient Request for Issuance of Summons

Feb. 12, 2026

Feb. 12, 2026

8

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)

Feb. 13, 2026

Feb. 13, 2026

9

Summons Issued

Feb. 17, 2026

Feb. 17, 2026

10

Affidavit of Service Complaints

March 6, 2026

March 6, 2026

11

Notice of Appearance

March 9, 2026

March 9, 2026

Case Details

State / Territory:

New York

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Feb. 9, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

individual plaintiffs, on behalf of a class of persons who received a tax over-refund during the COVID-19 pandemic

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Federal

United States of America

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Tucker Act, 28 U.S.C. § 1491

Other Dockets:

Southern District of New York 1:26-cv-01096

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Damages

Source of Relief:

None yet