Carr

Carr v. Internal Revenue Service

Good Law
United States District Court, Northern District of CaliforniaAugust 10, 20203:20-cv-00744California1,232 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PHYLLIS CARR, Case No. 20-cv-00744-WHO

Plaintiff,

ORDER GRANTING PARTIAL

v. MOTION TO DISMISS AND SETTING

CASE MANAGEMENT CONFERENCE

UNITED STATES OF AMERICA, Re: Dkt. Nos. 19, 30 Defendant.

12 Before me is a partial motion to dismiss pro se plaintiff Phyllis Carr’s claims in her First Amended Complaint. First Amended Complaint (“FAC”) [Dkt. No. 15]; Defendant’s Notice of Motion and Partial Motion to Dismiss the First Amended Complaint [Dkt. No. 19]. The motion sets forth two sets of arguments: first, that the United States is the sole proper defendant in this case; and, second, that there is no subject matter jurisdiction over Carr’s claims (except for her 2012 federal refund claim) and that those claims are not sufficiently pleaded. On July 7, 2020, I granted Carr’s motion for leave to amend her FAC to substitute the United States as defendant in place of the Internal Revenue Service (“IRS”) and to dismiss Min Jie Ma,…

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