Opinion
Case No. C01-5245FDB
July 12, 2001
ORDER DENYING DEFENDANTS' MOTION TO DISMISS
The United States of America, on behalf of Defendant the Internal Revenue Service ("IRS") has moved to dismiss Plaintiffs' action to quash an IRS summons on the grounds that the United States was not properly served in accordance with Fed.R.Civ.P. 4(i). In response, Plaintiffs have filed a certificate asserting that they have properly complied with the rule. The rules governing service of the United States and its agencies are rather complex, but also call for the provision of a reasonable period of time to cure any defects in service. See Fed.R.Civ.P. 4(i)(3). Plaintiffs filed their complaint on June 4, 2001, and have acted with reasonable promptness in response to the government's objections.
ACCORDINGLY, the Court hereby ORDERS that Defendants' Motion to Dismiss (dkt. #8) is DENIED. Defendants may of course renew their motion if in fact service was not properly performed.