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Case TitleXanthopoulos et al v. Internal Revenue Service
DistrictDistrict of Minnesota
CityDMN
Case Number0:2019cv03006
Date Filed2019-11-29
Date ClosedOpen
JudgeJudge Susan Richard Nelson
PlaintiffNicholas Xanthopoulos
PlaintiffT. Keith Fogg
Case DescriptionAttorney Nicholas Xanthopoulos and Harvard Law Professor T. Keith Fogg submitted a FOIA request to the IRS for records concerning redacted portions of Section 21.1.3.3 of IRS Internal Revenue Manual which explains the policies, procedures, and guidelines for authenticating the identity of third-party representatives. The agency acknowledged receipt of the request and told Xanthopoulos and Fogg that a redacted version of the section was on the agency's website and that the redactions had been made under Exemption 7(E) (investigative methods and techniques). Xanthopoulos and Fogg filed an administrative of the denial. The agency upheld its original decision. Xanthopoulos and Fogg then filed suit.
Complaint issues: Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantInternal Revenue Service
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-11-291COMPLAINT against Internal Revenue Service (filing fee $ 400, receipt number AMNDC-7307423) filed by Nicholas Xanthopoulos. Filer requests summons issued. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Civil Cover Sheet) (Xanthopoulos, Nicholas) (Entered: 11/29/2019)
2019-11-292NOTICE of Appearance by Nicholas John Xanthopoulos on behalf of All Plaintiffs. (Xanthopoulos, Nicholas) (Entered: 11/29/2019)
2019-12-023TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Susan Richard Nelson per 3rd/4th Master list, referred to Magistrate Judge Elizabeth Cowan Wright. Please use case number 19-cv-3006 SRN/ECW. (kt) (Entered: 12/02/2019)
2019-12-024Summons Issued as to Internal Revenue Service. (kt) (Entered: 12/02/2019)
2019-12-025Amended Summons Issued as to Internal Revenue Service. (kt) (Entered: 12/02/2019)
2019-12-036Second Amended Summons Issued as to Internal Revenue Service. (kt) (Entered: 12/03/2019)
2019-12-037MOTION for Admission Pro Hac Vice for Attorney Tuan Samahon. Filing fee $ 100, receipt number AMNDC-7311964 filed by Nicholas Xanthopoulos. (Xanthopoulos, Nicholas) (Entered: 12/03/2019)
2019-12-038MOTION for Admission Pro Hac Vice for Attorney Shawn Rodgers. Filing fee $ 100, receipt number AMNDC-7312264 filed by Nicholas Xanthopoulos. (Xanthopoulos, Nicholas) (Entered: 12/03/2019)
2019-12-179SUMMONS Returned Executed by Nicholas Xanthopoulos. Internal Revenue Service served on 12/9/2019; answer due 1/8/2020. (Xanthopoulos, Nicholas) Modified text on 12/17/2019 (kt). (Entered: 12/17/2019)
2020-01-1510(Text-Only) NOTICE: Telephone Conference set for 1/22/2020 at 10:00 AM before Magistrate Judge Elizabeth Cowan Wright. Counsel were provided conference bridge instructions via email.(TMA) (Entered: 01/15/2020)
2020-01-2211MOTION for Extension of Time to File Answer re 1 Complaint, filed by Internal Revenue Service. (Attachments: # 1 DOCUMENT FILED IN ERROR-DIRECTED TO REFILE. Exhibit(s) Text of Proposed Order)(Hunsader, Joseph) Modified text on 1/23/2020 (CLK). (Entered: 01/22/2020)
2020-01-2213Minute Entry for proceedings held before Magistrate Judge Elizabeth Cowan Wright: Telephone Conference held on 1/22/2020. The Court held a status call regarding the pending Pro Hac Vice motions (Dkts 7,8). Plaintiffs will file a letter on or before January 25, 2020 as to how they propose to proceed. (TMA) (Entered: 01/23/2020)
2020-01-2312PROPOSED ORDER TO JUDGE re 11 MOTION for Extension of Time to File Answer re 1 Complaint, filed by Internal Revenue Service.(Hunsader, Joseph) (Entered: 01/23/2020)
2020-01-2314ORDER granting 11 Motion for Extension of Time to Answer Internal Revenue Service answer or otherwise respond due date: 2/14/2020. Signed by Magistrate Judge Elizabeth Cowan Wright on 1/23/2020. (TMA) (Entered: 01/23/2020)
2020-01-2415LETTER TO MAGISTRATE JUDGE by Nicholas Xanthopoulos regarding pending motions for admission pro hac vice for Attorneys Tuan Samahon (Dkt. 7) and Shawn Rodgers (Dkt. 8) . (Xanthopoulos, Nicholas) (Entered: 01/24/2020)
2020-01-2416(Text-Only) ORDER/NOTICE TO ATTORNEY. Defendant may file a response to Plaintiffs Letter to Magistrate Judge (Dkt. 15), on or before January 31, 2020. Ordered by Magistrate Judge Elizabeth Cowan Wright on 1/24/2020. (TMA) (Entered: 01/24/2020)
2020-02-0317ORDER granting 7 Motion for Admission Pro Hac Vice of Attorney Tuan Samahon for T. Keith Fogg and for Nicholas Xanthopoulos; granting 8 Motion for Admission Pro Hac Vice of Attorney Shawn M Rodgers for T. Keith Fogg and for Nicholas Xanthopoulos. Signed by Magistrate Judge Elizabeth Cowan Wright on 2/3/2020. (NAH) (Entered: 02/03/2020)
2020-02-1418ANSWER to Complaint filed by Internal Revenue Service. (Hunsader, Joseph) (Entered: 02/14/2020)
2020-02-1819ORDER/NOTICE: Rule 26 Meeting Report due by 3/9/2020. Pretrial Conference set for 3/16/2020 at 10:00 AM in Courtroom 3C (STP) before Magistrate Judge Elizabeth Cowan Wright. Signed by Magistrate Judge Elizabeth Cowan Wright on 2/18/2020. (Attachments: # 1 Consent Form)(TMA) (Entered: 02/18/2020)
2020-03-0920REPORT of Rule 26(f) Planning Meeting. Filed by Nicholas Xanthopoulos. Jointly Signed by Nicholas Xanthopoulos, T. Keith Fogg, and Internal Revenue Service.(Xanthopoulos, Nicholas) (Entered: 03/09/2020)
2020-03-1021(Text-Only) NOTICE TO ATTORNEY. The Rule 16 Pretrial Conference scheduled for Monday, March 16 at 10:00 a.m. will be held via telephone, rather than in-person. Counsel will be provided conference bridge instructions via email. (TMA) (Entered: 03/10/2020)
2020-03-1622Minute Entry for proceedings held before Magistrate Judge Elizabeth Cowan Wright: Initial Pretrial Conference held on 3/16/2020. (TMA) (Entered: 03/16/2020)
2020-03-1623SCHEDULING ORDER: Motions (non-disp) due 5/15/2020. Motions (disp) due by 7/16/2020. Ready for trial due by 11/16/2020. Signed by Magistrate Judge Elizabeth Cowan Wright on 3/16/2020. (TMA) (Entered: 03/16/2020)
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