Harold Koren & Co. v. United States

Memorandum Opinion and Order

Watson, Judge:

Defendant’s motion to sever and dismiss a portion of this action 1 places in issue the validity of rule 3.2(b)2 of the rules of this court which provides in essence that a summons, the filing of which is a jurisdictional prerequisite to the commencement of an action in this court,3 shall be deemed filed as of the date of postmark.

The summons in question was mailed on the last day allowed for commencement of an action 4 and was received by the court on the following day. The defendant challenges the validity of a rule which would consider the summons…