United States v. Persaud

229 F.R.D. 686, 62 Fed. R. Serv. 3d 397, 96 A.F.T.R.2d (RIA) 5317, 2005 U.S. Dist. LEXIS 14235, 2005 WL 1926676
CourtDistrict Court, M.D. Florida
DecidedJuly 1, 2005
DocketNo. 6:02-CV-1528ORL22JGG
StatusPublished

This text of 229 F.R.D. 686 (United States v. Persaud) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Persaud, 229 F.R.D. 686, 62 Fed. R. Serv. 3d 397, 96 A.F.T.R.2d (RIA) 5317, 2005 U.S. Dist. LEXIS 14235, 2005 WL 1926676 (M.D. Fla. 2005).

Opinion

ORDER

CONWAY, District Judge.

I. INTRODUCTION

This cause comes before the Court for consideration of the United States’ Renewed Motion for Summary Judgment (Doc. 145). Despite being ordered to file a response to the motion if he opposed it, Defendant Krishnalalla Persaud has not done so. Upon carefully considering the matter, the Court determines that the United States is entitled to summary judgment against Persaud.

II. BACKGROUND AND PROCEDURAL HISTORY

The United States claims that Persaud owes back taxes and that he fraudulently conveyed his interests in several real properties to third parties. In addition to Persaud, the United States sues Persaud’s spouse, a number of other persons and entities alleged to be Persaud’s nominees, and others who might claim an interest in the subject real properties. Most of the defendants besides Persaud have been defaulted. See Doc. 101.1

By way of relief, the United States seeks to obtain a determination of the amount of the federal income tax liabilities of the defendant, Krishnalalla Persaud, a/k/a K.D.N. Persaud, a/k/a Kris Persaud, for the years 1982-1989, inclusive; to set aside fraudulent conveyances; to foreclose federal tax liens; for sale of real property; and to obtain a deficiency judgment for unpaid federal income tax liabilities assessed against [Persaud] for the years 1982-1989, inclusive.

Amended Complaint (Doe. 64), 111, at 1-2.

The United States filed its initial complaint in December 2002. Among the allegations in that pleading was that Persaud resided at 8236 Conroy-Windermere Road, Orlando, Florida. See Doc. 1,115, at 2. In response to the complaint, Persaud filed two separate answers. In his first answer, entitled “An[688]*688swer Brief,” Persaud admitted a few allegations, including that he resided at the Conroy-Windermere Road address. See Doc. 7, 115, at 2. Additionally, that address appears below Persaud’s signature at the end of the pleading. Doc. 7 at 7. In his subsequent answer, Persaud denied each and every allegation in the complaint. See Doc. 31. Once again, Persaud listed the Conroy-Windermere Road address beneath his signature at the end of the pleading. Id. at unnumbered 2nd page.

In May 2003, the Court entered a Case Management and Scheduling Order (“CMSO”) (Doc. 62). Among other things, the CMSO established a discovery completion deadline of October 31, 2003 and set the case for trial in April 2004. See Doc. 62 at 2. The day after the CMSO was entered, the United States filed an amended complaint. See Doc. 64.2 Among other things, that amended pleading added an allegation that one mortgage appeared to be satisfied, and added two parcels of real property against which tax lien foreclosure was sought. See Doc. 57 at 1-2.

On September 26, 2003, the United States sent Persaud “Plaintiffs First Request for Admissions,” etc. (Exhibit 1 to Doc. 83). The certificate of service which appears at the end of that document reflects that it was mailed to Persaud at his Conroy-Windermere Road address. Id. Persaud did not respond to the request for admissions within the time frame set forth in Fed.R.Civ.P. 36. As will be discussed in more detail infra, it was only after the United States filed a summary judgment motion relying on Persaud’s deemed admissions that Persaud attempted to withdraw the admissions.

On October 31, 2003, the United States filed a “Motion to Compel Krishnalalla Persaud to Respond to Discovery Requests, for Sanctions Against Persaud for Failure to Appear at Noticed Deposition, and for Extension of Discovery Deadline to Take. Persaud’s Deposition” (Doc. 77). In that motion, the United States represented that Persaud had never responded to other discovery devices (a request for production of documents and a set of interrogatories) mailed to him on September 26, 2003, the same day the United States sent Persaud the request for admissions. The United States also asserted that it had written Persaud in an attempt to resolve the issue of his discovery non-compliance without court intervention, but that Persaud had not responded to the letter.3 Additionally, the United States reported that it had noticed Persaud’s deposition, then rescheduled it at Persaud’s request, then rescheduled it again when Persaud stated he had a conflicting appointment at the Veterans Administration Hospital, after which Persaud failed to appear for his rescheduled deposition on October 23, 2003. On that point, the United States revealed that the very day of his scheduled deposition, Persaud faxed two virtually identical notes (dated the previous day) to counsel for the United States, stating that Persaud would not be attending his deposition.4 The notes stated:

I’am [sic] sending this fax to' notify you that Mr. Kris Persaud can not attend the deposition tomorrow at 9:30 due to his blood pressure which is 171 over 119. He was put. on service notification to take 2 weeks of bed rest, extention [sic] of time is needed. Sorry for any inconvenient [sic]. Thank you.

Exhibit “E” to Doc. 77. The notes were not signed by anyone, did not bear the letterhead of a physician’s office, and were hand-written on a standard form fax cover sheet. Id.

On November 12, 2003, Magistrate Judge James G. Glazebrook set the United States’ motion to compel discovery for a hearing on January 9, 2004. See Doc. 80.

On December 5, 2003, the United States filed its first motion for summary judgment against Persaud. See Doc. 83. Therein, the United States included a statement of undis[689]*689puted material facts based on deemed admissions resulting from Persaud’s failure to respond to the request for admissions previously served on him. The United States argued that summary judgment was warranted based on the undisputed facts established by Persaud’s deemed admissions.

On December 19, 2003, the Court entered an Order requiring Persaud to respond to the summary judgment motion no later than January 5, 2004. See Doc. 102. This prompted Persaud, who previously had been proceeding pro se, to have an attorney enter an appearance for him in this case. See Doc. 103. Additionally, Persaud filed a response to the summary judgment motion (Doc. 104), affidavits supporting his response (Docs. 105 & 106), and a verified motion to withdraw his deemed admissions (Doc. 107).

In his summary judgment response and affidavits, Persaud claimed that he was not required to file tax returns or pay income taxes for the years in question because “he was a full time minister of the Hindu religion and received only ministerial expenses, but no salary, and his taxable personal income never achieved an amount that required him to file personal income tax.” Doe. 104, H1, at 2. He also claimed that one of the asserted fraudulent transfers of real property “was not fraudulent but was done in anticipation of his taking final vows as a Hindu minister, which would require him to divest himself of material property.” Id., 113, at 2.

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229 F.R.D. 686, 62 Fed. R. Serv. 3d 397, 96 A.F.T.R.2d (RIA) 5317, 2005 U.S. Dist. LEXIS 14235, 2005 WL 1926676, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-persaud-flmd-2005.