Bauersachs v. Federal Reserve Board of Governors et al
| Massachusetts District Court | |
| Judge: | Richard G Stearns |
| Case #: | 1:24-cv-10869 |
| Nature of Suit | 899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision |
| Cause | 05:702 Administrative Procedure Act |
| Case Filed: | Apr 04, 2024 |
| Terminated: | Aug 09, 2024 |
| Last checked: Tuesday Oct 01, 2024 4:38 AM EDT |
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Defendant
Michael S. Barr
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Represented By
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Defendant
Michelle W. Bowman
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Represented By
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Defendant
Lisa D. Cook
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Represented By
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Defendant
Federal Reserve Board of Governors
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Represented By
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Defendant
Phillip N. Jefferson
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Represented By
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Defendant
Adriana D. Kugler
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Represented By
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Defendant
Jerome H Powell
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Represented By
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Defendant
Christopher J. Waller
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Represented By
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Plaintiff
Pro se litigant Mark Andrew Bauersachs
5 Patriot Lane
Hudson, MA 01749 |
| Docket last updated: 12/20/2024 11:59 PM EST |
| Wednesday, September 04, 2024 | ||
| 38 | 38
misc
Filing Fee/Payment Received
Wed 09/04 1:09 PM
Filing fee/payment: $ 605.00, receipt number 100008833 for35 Notice of Appeal,,, (O'Connor, Lilian) |
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| Thursday, August 29, 2024 | ||
| 37 | 37
appeal
USCA Case Number
Thu 08/29 8:45 AM
USCA Case Number 24-1796 for35 Notice of Appeal, filed by Mark Andrew Bauersachs. (Paine, Matthew) |
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| Wednesday, August 28, 2024 | ||
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appeal
Abbreviated Electronic Appeal Record Sent to USCA
Wed 08/28 7:57 PM
Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re35 Notice of Appeal. (Paine, Matthew) |
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appeal
Notice of Appeal
Wed 08/28 9:31 AM
NOTICE OF APPEAL as to 34 Order on Motion for Reconsideration,,,,,,,, 30 Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,,,,,,,,,,,,,,31 Order Dismissing Case by Mark Andrew Bauersachs NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at[LINK:http://www.ca1.uscourts.gov] MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 9/17/2024. (Bauersachs, Mark) |
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| Monday, August 26, 2024 | ||
| 34 | 34
order
Order on Motion for Reconsideration
Mon 08/26 12:11 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered denying32 Motion for Reconsideration re 30 Order on Motion to Dismiss/Lack of Jurisdiction,31 Order Dismissing Case filed by Mark Andrew Bauersachs. Pro se plaintiff Mark Bauersachs, a "62-year-old retiree living on a defined-benefit pension in the private sector without cost-of-living adjustments (COLAs)" filed this action against defendant Board of Governors of the Federal Reserve System and each of its seven members in their official capacities and as a voting member of the Federal Open Market Committee (FOMC). The court dismissed the Amended Complaint finding that it lacked subject-matter jurisdiction over Bauersachs's claims against defendants (the United States) as there was no waiver of sovereign immunity. Bauersachs now moves under Fed. R. Civ. P 59(e) asserting that because his claims are "purely equitable" and the Federal Reserve Board of Governors decision/acts are " ultra vires ", the court's decision is in error. The court disagrees. Bauersachs's suit is filed to restore losses to his non-COLA pension allegedly affected by the Board's decisions. See Am. Compl. § 6 ("[S]o the Board owes restitution in a dollar amount equal to Plaintiff's fixed-income pension after taxes multiplied by consumer inflation measured by CPI-W or PCE price index, thereby restoring the purchasing power of the Plaintiff's pension lost to the FAIT regime."). Moreover, Bauersachs's complained of decision -- FOMC's approval in August of 2020 of "a patently unlawful inflation targeting regime called Flexible Average Inflation Targeting (FAIT) authorized an 'expan[sion of] the money supply... [which] cause[d] up to 14.1% consumer price inflation over three years.'" Compl. 1, 52-53, Ex. 1-4.1; see also Am. Compl. 1, 29 (claiming "17.8% inflation in three years") Dkt #21, -- are within FOMC's powers under 12 U.S.C. § 225a. Bauersachs's motion asking the court to alter or amend the judgment in this case is DENIED. (mkz) |
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| Wednesday, August 14, 2024 | ||
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9
pgs
respm
Memorandum in Support of Motion
Wed 08/14 10:26 AM
MEMORANDUM in Support re32 MOTION for Reconsideration re 30 Order on Motion to Dismiss/Lack of Jurisdiction,31 Order Dismissing Case filed by Mark Andrew Bauersachs. (McManus, Caetlin) |
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| 32 | 32
motion
Reconsideration
Wed 08/14 7:15 AM
First MOTION for Reconsideration re 30 Order on Motion to Dismiss/Lack of Jurisdiction,31 Order Dismissing Case by Mark Andrew Bauersachs. (Bauersachs, Mark) Memorandum in Support removed from this filing and refiled correctly at ECF 33 pursuant to CM/ECF Administrative Procedures Section (G) Number (4) on 8/14/2024 (McManus, Caetlin) |
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| Friday, August 09, 2024 | ||
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1
pgs
order
Order Dismissing Case
Fri 08/09 12:00 PM
Judge Richard G. Stearns: ORDER entered. ORDER DISMISSING CASE. (McManus, Caetlin) |
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| 30 | 30
order
Order on Motion to Dismiss/Lack of Jurisdiction
Fri 08/09 10:05 AM
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting24 Motion to Dismiss for Lack of Jurisdiction as sovereign immunity shields the defendants from these claims. Pro se plaintiff Mark Bauersachs, a "62-year-old retiree living on a defined-benefit pension in the private sector without cost-of-living adjustments (COLAs)" filed this action against defendant Board of Governors of the Federal Reserve System and each of its seven members in their official capacities and as a voting member of the Federal Open Market Committee (FOMC). Compl. 1 (Dkt #1). Bauersachs asserts that the FOMC's approval in August of 2020 of "a patently unlawful inflation targeting regime called Flexible Average Inflation Targeting (FAIT) authorized an expan[sion of] the money supply... [which] cause[d] up to 14.1% consumer price inflation over three years." Compl. 1, 52-53, Ex. 1-4.1; See also Am. Compl. 1, 29 (claiming "17.8% inflation in three years") Dkt #21. Bauersachs alleges that "the FAIT regime intentionally caused [his] pension... to lose $25,300 a year in lost purchasing power amounting to $657,800 of actual harm... over [his] remaining life span." Id. 28. Bauersachs asserts that the FAIT regime violates 12 U.S.C. § 225a and the equal protection clause for pensions like his which are not adjusted for inflation under the terms of his former employer's plan. Id. 1, 11. He asks the court to declare FOMC's " ultra vires " acts unlawful under 5 U.S.C. §§ 702 and 706 and to void them. Defendants moved to dismiss the Complaint, and Bauersachs submitted a 104 page/207 paragraph Amended Complaint in response. Defendants again move to dismiss on the same grounds that Bauersachs has no "concrete and particularized" injury for Article III standing to sue, and, notwithstanding, the court lacks subject matter jurisdiction to act on Bauersachs's claims as defendants are immune from suit as government actors making decisions in their official capacities. After review of the Amended Complaint, the court will dismiss it. "Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit." FDIC v. Meyer , 510 U.S. 471, 475 (1994); see also Davallou v. United States , 998 F.3d 502, 504 (1st Cir. 2021) ("Federal courts lack subject-matter jurisdiction over claims against the United States absent a waiver of sovereign immunity."). As to the federal government and its instrumentalities, sovereign immunity is presumed and is overcome only with an express and unequivocal waiver. See United States v. Nordic Village, Inc. , 503 U.S. 30, 33-34 (1992). Waiver can be found in either a specific statute governing a governmental entity, or in Congressional waivers. See Research Triangle Inst. v. Bd. of Governors of the Fed. Reserve Sys. , 132 F.3d 985, 987-988 (4th Cir. 1997). Bauersachs asserts a violation of 12 U.S.C. § 225a, which has no such waiver. See Love v. Federal Reserve Board of Governors , No. 15-cv-1077, 2015 WL 3649376, at *1 (D. Kan. June 11, 2015) (plaintiff claims that the Board's monetary policy decisions caused him $150,000 in damages as a result of "loss of interest on his savings and inflation." The court in Love dismissed the complaint, holding that "[a]s a government agency, the Board has sovereign immunity which has not been waived."). Nor does the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680 (FTCA), (which provides a right of action for those injured by wrongful or negligent acts of federal employees), provide a waiver. In fact, the FTCA expressly excludes from its waiver of sovereign immunity "[a]ny claim for damages caused by the fiscal operations of the Treasury or by the regulation of the monetary system." 28 U.S.C. § 2680(i). The FTCAs exclusion for injury or damage resulting from "regulation of the monetary system" has been held to "paint with a..., broad[] brush," Dolan v. USP , 546 U.S. 481, 489-90 (2006), and bars Bauersachs's claims for monetary injury allegedly resulting from the Board's, Board members', and FOMC's monetary policy actions. See Handy v. Bernanke , 2012 WL 7964216, at *2 (E.D. Va. Jan. 26, 2012) ("Congress has not waived governmental immunity as to common-law torts arising from the allegedly misguided practices of the Federal Reserve") (citing 28 U.S.C. §§ 2680(i) and (n)). As defendants are immune from plaintiff's claims, the court lacks subject matter jurisdiction over this action; the motion to dismiss is ALLOWED. The case is DISMISSED; the Clerk is directed to close it. (mkz) |
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| Wednesday, August 07, 2024 | ||
| 29 | 29
30+
pgs
respm
Memorandum in Opposition to Motion
Wed 08/07 7:40 AM
MEMORANDUM in Opposition re24 MOTION to Dismiss for Lack of Jurisdiction or, in the alternative, failure to state a claim filed by Mark Andrew Bauersachs. (Bauersachs, Mark) |
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| Thursday, August 01, 2024 | ||
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misc
Copy Mailed
Thu 08/01 12:02 PM
Copy re 27 Order on Motion for leave to electronically file Pro Se mailed to Mark Bauersachs 5 Patriot Lane Hudson, MA 01749 on 8/1/2024. Any subsequent orders will be delivered to Plaintiff by email only as long as e-filing privileges stand. (McManus, Caetlin) |
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order
Order on Motion for leave to electronically file Pro Se
Thu 08/01 11:20 AM
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting26 Motion for leave to electronically file Pro Se. Pro se litigants must have an individual PACER account to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at [LINK:https://pacer.uscourts.gov/register-account] . Pro se e-filing account Instructions [LINK:https://www.mad.uscourts.gov/caseinfo/nextgen-pro-se.htm] . If you already have a PACER account with E-Filing access as a pro se litigant, you do not need to register again, but you must email tracy_mclaughlin@mad.uscourts.gov with the docket number so your account can be updated allowing you to E-file . (McManus, Caetlin) |
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| Wednesday, July 31, 2024 | ||
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motion
Leave to file electronically Pro Se
Wed 07/31 3:50 PM
MOTION for Leave to file electronically Pro Se by Mark Bauersachs.(McManus, Caetlin) |
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Att: 1
Exhibit 1
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| Tuesday, July 30, 2024 | ||
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20
pgs
respm
Memorandum in Support of Motion
Tue 07/30 4:09 PM
MEMORANDUM in Support re24 MOTION to Dismiss for Lack of Jurisdiction or, in the alternative, failure to state a claim filed by Michael S. Barr, Michelle W. Bowman, Lisa D. Cook, Federal Reserve Board of Governors, Phillip N. Jefferson, Adriana D. Kugler, Jerome H Powell, Christopher J. Waller. (Mizusawa, Yvonne) |
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motion
Dismiss/Lack of Jurisdiction
Tue 07/30 4:07 PM
MOTION to Dismiss for Lack of Jurisdiction or, in the alternative, failure to state a claim by Michael S. Barr, Michelle W. Bowman, Lisa D. Cook, Federal Reserve Board of Governors, Phillip N. Jefferson, Adriana D. Kugler, Jerome H Powell, Christopher J. Waller.(Mizusawa, Yvonne) |
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Att: 1
Text of Proposed Order
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| Tuesday, July 23, 2024 | ||
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misc
Copy Mailed
Tue 07/23 12:33 PM
Copy re 22 Order on Motion to Dismiss/Lack of Jurisdiction was mailed to Mark Bauersachs at 5 Patriot Lane Hudson, MA 01749 on 7/23/2024. (Zierk, Marsha) |
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order
Order on Motion to Dismiss/Lack of Jurisdiction
Tue 07/23 12:28 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered finding as moot18 Motion to Dismiss for Lack of Jurisdiction, in light of the filing of an Amended Complaint. See Fed. R. Civ. P. 15(a)(1)(B). (Zierk, Marsha) |
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| Tuesday, July 16, 2024 | ||
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cmp
Amended Complaint
Thu 07/18 12:03 PM
AMENDED COMPLAINT against All Defendants, filed by Mark Bauersachs.(McManus, Caetlin) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5,
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Att: 6
Exhibit 6,
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Att: 7
Exhibit 7,
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Att: 8
Exhibit 8,
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Att: 9
Exhibit 9,
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Att: 10
Exhibit 10
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respm
Opposition to Motion
Thu 07/18 9:44 AM
Opposition re18 MOTION to Dismiss for Lack of Jurisdiction filed by Mark Bauersachs. (McManus, Caetlin) |
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| Tuesday, July 02, 2024 | ||
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20
pgs
respm
Memorandum in Support of Motion
Tue 07/02 2:56 PM
MEMORANDUM in Support re18 MOTION to Dismiss for Lack of Jurisdiction and, in the alternative, Failure to State a Claim filed by Michelle W. Bowman, Lisa D. Cook, Federal Reserve Board of Governors, Phillip N. Jefferson, Adriana D. Kugler, Jerome H Powell, Christopher J. Waller. (Mizusawa, Yvonne) |
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motion
Dismiss/Lack of Jurisdiction
Tue 07/02 2:53 PM
MOTION to Dismiss for Lack of Jurisdiction by Michelle W. Bowman, Lisa D. Cook, Federal Reserve Board of Governors, Phillip N. Jefferson, Adriana D. Kugler, Jerome H Powell, Christopher J. Waller.(Mizusawa, Yvonne) |
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Att: 1
Text of Proposed Order
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notice
Notice of Appearance
Tue 07/02 2:50 PM
NOTICE of Appearance by Yvonne Facchina Mizusawa on behalf of Michelle W. Bowman, Lisa D. Cook, Federal Reserve Board of Governors, Phillip N. Jefferson, Adriana D. Kugler, Jerome H Powell, Christopher J. Waller (Mizusawa, Yvonne) |
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notice
Notice of Appearance
Tue 07/02 2:07 PM
NOTICE of Appearance by Katherine A. Pomeroy on behalf of Michael S. Barr, Michelle W. Bowman, Lisa D. Cook, Federal Reserve Board of Governors, Phillip N. Jefferson, Adriana D. Kugler, Jerome H Powell, Christopher J. Waller (Pomeroy, Katherine) |
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| Monday, June 24, 2024 | ||
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notice
Notice of Appearance
Mon 06/24 1:12 PM
NOTICE of Appearance by Rayford A. Farquhar on behalf of Michael S. Barr, Michelle W. Bowman, Lisa D. Cook, Federal Reserve Board of Governors, Phillip N. Jefferson, Adriana D. Kugler, Jerome H Powell, Christopher J. Waller (Farquhar, Rayford) |
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| Tuesday, May 21, 2024 | ||
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service
Summons Returned Executed as to US Attorney
Wed 05/22 9:57 AM
SUMMONS Returned Executed as to US Attorney by Mark Bauersachs. All defendants served 5/3/2024, answers due 7/2/2024.(McManus, Caetlin) |
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service
Summons Returned Executed as to USA
Wed 05/22 9:55 AM
SUMMONS Returned Executed as to USA by Mark Bauersachs. (McManus, Caetlin) |
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service
Summons Returned Executed
Wed 05/22 9:50 AM
SUMMONS Returned Executed Federal Reserve Board of Governors served on 5/6/2024, answer due 7/5/2024.(McManus, Caetlin) |
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Att: 1
USPS Proof of Delivery
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service
Summons Returned Executed
Wed 05/22 9:49 AM
SUMMONS Returned Executed Jerome H Powell served on 5/6/2024, answer due 7/5/2024.(McManus, Caetlin) |
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Att: 1
USPS Proof of Delivery
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service
Summons Returned Executed
Wed 05/22 9:48 AM
SUMMONS Returned Executed Phillip N. Jefferson served on 5/6/2024, answer due 7/5/2024.(McManus, Caetlin) |
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Att: 1
USPS Proof of Delivery
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service
Summons Returned Executed
Wed 05/22 9:47 AM
SUMMONS Returned Executed Michael S. Barr served on 5/6/2024, answer due 7/5/2024.(McManus, Caetlin) |
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Att: 1
USPS Proof of Delivery
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service
Summons Returned Executed
Wed 05/22 9:46 AM
SUMMONS Returned Executed Michelle W. Bowman served on 5/6/2024, answer due 7/5/2024.(McManus, Caetlin) |
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Att: 1
USPS Proof of Delivery
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service
Summons Returned Executed
Wed 05/22 9:45 AM
SUMMONS Returned Executed Lisa D. Cook served on 5/6/2024, answer due 7/5/2024.(McManus, Caetlin) |
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Att: 1
USPS Proof of Delivery
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service
Summons Returned Executed
Wed 05/22 9:44 AM
SUMMONS Returned Executed Adriana D. Kugler served on 5/6/2024, answer due 7/5/2024.(McManus, Caetlin) |
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Att: 1
USPS Proof of Delivery
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| 5 | 5
service
Summons Returned Executed
Wed 05/22 9:42 AM
SUMMONS Returned Executed Christopher J. Waller served on 5/6/2024, answer due 7/5/2024.(McManus, Caetlin) |
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Att: 1
USPS Proof of Delivery
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| Thursday, April 04, 2024 | ||
| 4 | 4
misc
Filing Fee/Payment Received
Thu 04/04 1:21 PM
Filing fee/payment: $ 405.00, receipt number 100007180 for1 Complaint, (Phillips, Sophie) |
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| 3 | 3
service
Summons Issued
Thu 04/04 12:44 PM
Summons Issued as to Michael S. Barr, Michelle W. Bowman, Lisa D. Cook, Federal Reserve Board of Governors, Phillip N. Jefferson, Adriana D. Kugler, Jerome H Powell, Christopher J. Waller. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (McManus, Caetlin) |
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notice
Notice of Case Assignment
Thu 04/04 12:32 PM
ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Cowan, Nicole) |
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cmp
Complaint
Thu 04/04 12:16 PM
COMPLAINT against Michelle W. Bowman, Jerome H Powell, Lisa D. Cook, Christopher J. Waller, Federal Reserve Board of Governors, Adriana D. Kugler, Phillip N. Jefferson, Michael S. Barr, filed by Mark Bauersachs.(McManus, Caetlin) (McManus, Caetlin) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5,
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Att: 6
Exhibit 6,
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Att: 7
Exhibit 7,
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Att: 8
Exhibit 8
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Att: 9
(4/4/2024) Civil Cover Sheet,
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Att: 10
(4/4/2024) Category Form
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