Kasain

Kasain v. Unger

Good Law
United States District Court, Southern District of CaliforniaJanuary 3, 20223:21-cv-01511California521 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 STEFAN KASAIN, Case No. 21-cv-01511-BAS-AGS

Plaintiff,

ORDER GRANTING DEFENDANTS’

v. UNOPPOSED MOTION TO DISMISS (ECF No. 4) JOSEPH A. UNGER, et al.,

Defendants. 16 17 On August 26, 2021, Plaintiff Stefan Kasain brought this suit against two Internal Revenue Services employees, Joseph Unger and Loretta Martinez. (Compl., ECF No. 1.) Kasain alleges that he suffered from a serious brain injury requiring surgery and incurred tax debt when he was incapacitated or recovering from his physical condition. Kasain argues that Unger and Martinez violated the Americans with Disabilities Act (“ADA”), the Federal Tort Claims Act (“FTCA”), and his due process rights, by, among other things, targeting him in their attempts to collect his outstanding tax liabilities. (Id.) On November 5, 2021, Defendants filed a motion to dismiss the Complaint under Rules 12(b)(1), 12(b)(5), and 12(b)(6) of the Federal…

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