Opinion
2:22-cv-827-KJM-KJN PS
11-22-2022
MATTHEW J. HUBERTY, Plaintiff, v. INTERNAL REVENUE SERVICE, Defendant.
ORDER
KENDALL J. NEWMAN, MAGISTRATE JUDGE
Presently pending before the court is defendant Internal Revenue Service's motion to dismiss the complaint for lack of subject matter jurisdiction and motion to transfer venue.(ECF No. 10.) Plaintiff Matthew Huberty initially failed to respond to the complaint, so the court vacated the hearing under Local Rule 230 and ordered a written response. Plaintiff responded by the deadline and alongside his opposition submitted a motion to amend the complaint. Of note, the motion to amend is purportedly brought on behalf of both Matthew and his brother Robert Huberty. Robert Huberty's potential appearance could affect the outcome of the court's decision and raises issues not briefed by the parties. Accordingly, the court finds it appropriate to reinstate a hearing pursuant to Local Rule 230(g). No further briefing is required at this time.
This motion is referred to the undersigned by Local Rule 302(c)(19) for the entry of findings and recommendations. See 28 U.S.C. § 636(b)(1)(B).
ORDER
Accordingly, it is HEREBY ORDERED that:
1. A hearing on defendant's motion to dismiss (ECF No. 10) and plaintiff's motion to amend (ECF No. 13) is reset for Tuesday, January 3, 2023 at 9:00 a.m. Pacific Standard Time.
2. The hearing will be conducted remotely by Zoom and will be served on defense counsel at the email address on file. Robert Huberty is instructed to contact this chamber's courtroom deputy at 916-930-4187 to submit an email address so the Zoom information can be sent. Matthew Huberty shall also contact the courtroom deputy to submit his email address. The deadline for Matthew and Robert to contact the courtroom deputy is by close of business December 27, 2022 Pacific Standard Time.
3. The clerk of the court is directed to serve this order on the parties as well as on Robert Huberty (at the address listed in the complaint at ECF No. 1).