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Case TitleTAX ANALYSTS et al v. INTERNAL REVENUE SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2006cv01983
Date Filed2006-11-20
Date Closed2007-08-14
JudgeJudge Ellen S. Huvelle
PlaintiffTAX ANALYSTS
PlaintiffALLEN KENNEY
Case DescriptionTax Analysts and reporter Allen Kenney submitted a FOIA request to the IRS for monthly performance reports issued by the Commissioner to IRS operating offices from 2005 to the present. After providing Kenney several different explanations as to why his request had not yet been responded to, the agency denied his request based on several exemptions. Kenney filed an administrative appeal, but after hearing nothing further from the agency, Tax Analysts filed suit.
Complaint issues: Failure to respond within statutory time limit, 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
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2006-11-201COMPLAINT against INTERNAL REVENUE SERVICE ( Filing fee $ 350 receipt number 4616000288.)filed by TAX ANALYSTS, ALLEN KENNEY. (Attachments: # 1 Civil Cover Sheet # 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9)(jf, ) (Entered: 11/21/2006)
2006-11-20SUMMONS (3) Issued as to INTERNAL REVENUE SERVICE, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 11/21/2006)
2006-12-062SUMMONS Returned Executed by TAX ANALYSTS, ALLEN KENNEY. INTERNAL REVENUE SERVICE served on 11/24/2006, answer due 12/26/2006. (Hitchcock, Cornish) (Entered: 12/06/2006)
2006-12-263ANSWER to Complaint by INTERNAL REVENUE SERVICE. Related document: 1 Complaint, filed by TAX ANALYSTS,, ALLEN KENNEY,.(Katinsky, David) (Entered: 12/26/2006)
2007-01-114MOTION for Vaughn Index by TAX ANALYSTS, ALLEN KENNEY. (Attachments: # 1 Exhibit A, Part 1# 2 Exhibit A, Part 2# 3 Text of Proposed Order)(Hitchcock, Cornish) (Entered: 01/11/2007)
2007-01-255Memorandum in opposition to re 4 MOTION for Vaughn Index filed by INTERNAL REVENUE SERVICE. (Attachments: # 1 Text of Proposed Order Proposed Order Denying Plaintiffs' Motion)(Katinsky, David) (Entered: 01/25/2007)
2007-01-316REPLY to opposition to motion re 4 MOTION for Vaughn Index filed by TAX ANALYSTS, ALLEN KENNEY. (Attachments: # 1 Text of Proposed Order)(Hitchcock, Cornish) (Entered: 01/31/2007)
2007-01-31MINUTE ORDER: Defendant shall file a dispositive motion on or before February 28, 2007, and plaintiffs shall file their response thereto on or before March 30, 2007. The Court will deny without prejudice 4 plaintiff's Motion for a Vaughn Index or in the Alternative for In Camera Inspection pending a further filing on that matter by plaintiffs. Signed by Judge Ellen S. Huvelle on 1/31/2007. (KF) (Entered: 01/31/2007)
2007-01-31Set/Reset Deadlines: Dispositive Motions due by 2/28/2007. Response to Dispositive Motions due by 3/30/2007. (gdf) (Entered: 02/01/2007)
2007-02-227MOTION for Extension of Time to File Dispositive Motions by INTERNAL REVENUE SERVICE. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion to Enlarge Time)(Katinsky, David) (Entered: 02/22/2007)
2007-02-22MINUTE ORDER granting 7 defendant's Unopposed Motion to Enlarge Time to File Dispositive Motion. Defendant shall file its dispositive motion on or before March 9, 2007, and plaintiff shall file their response on or before April 9, 2007. Signed by Judge Ellen S. Huvelle on 2/22/2007. (KF) (Entered: 02/22/2007)
2007-02-22Set/Reset Deadlines: Dispositive Motions due by 3/9/2007. Response to Dispositive Motions due by 4/9/2007. (gdf) (Entered: 02/27/2007)
2007-03-098MOTION for Summary Judgment by INTERNAL REVENUE SERVICE. (Attachments: # 1 Exhibit Exhibit 1 - Declaration of Mark W. Everson# 2 Exhibit Exhibit 2 - Declaration of Brad Bouton# 3 Exhibit Exhibit 3 - Declaration of Adrienne Mikolashek# 4 Text of Proposed Order Proposed Order Granting IRS Motion for Summary Judgment# 5 Statement of Facts IRS's Statement of Material Facts Which Are Not in Genuine Dispute# 6 Appendix Certificate of Service)(Katinsky, David) (Entered: 03/09/2007)
2007-03-099MEMORANDUM re 8 MOTION for Summary Judgment filed by INTERNAL REVENUE SERVICE, by INTERNAL REVENUE SERVICE. (Katinsky, David) (Entered: 03/09/2007)
2007-03-2610STIPULATION by TAX ANALYSTS, ALLEN KENNEY, INTERNAL REVENUE SERVICE. (Katinsky, David) (Entered: 03/26/2007)
2007-03-2811STIPULATION AND ORDER. Signed by Judge Ellen S. Huvelle on 3/28/07. (gdf) (Entered: 03/30/2007)
2007-04-2712MOTION for Extension of Time to Existing Deadlines by TAX ANALYSTS, ALLEN KENNEY, INTERNAL REVENUE SERVICE (Attachments: # 1 Supplement Proposed Order Granting Joint Motion to Enlarge Existing Deadlines)(Katinsky, David) (Entered: 04/27/2007)
2007-04-27MINUTE ORDER granting 12 the parties' Joint Motion to Enlarge Existing Deadlines. Defendant shall have up to and including May 7, 2007 to serve its response to plaintiffs' first set of interrogatories. Plaintiffs shall, within 60 days of receipt of defendant's response to plaintiffs' interrogatories, either (1) file and serve their opposition to defendant's summary judgment motion or (2) request an additional continuance, pursuant to Fed. R. Civ. P. 56(f), to undertake some or all of the discovery specified in this Court's March 28, 2007 stipulation and order. Signed by Judge Ellen S. Huvelle on 4/27/2007. (KF) (Entered: 04/27/2007)
2007-07-0613MOTION Suspend Existing Summary Judgment Response Deadline by TAX ANALYSTS, ALLEN KENNEY, INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order Proposed Order Suspending Existing Summary Judgment Response Deadline)(Katinsky, David) (Entered: 07/06/2007)
2007-07-18MINUTE ORDER denying without prejudice 8 Defendant's Motion for Summary Judgment and 13 Joint Motion to Suspend Summary Judgment Response Deadlines. The parties are ordered to file a status report with the Court on or before August 17, 2007, including a proposed briefing schedule if necessary. Signed by Judge Ellen S. Huvelle on 7/18/2007. (lcesh2) (Entered: 07/18/2007)
2007-08-1414STIPULATION of Dismissal by TAX ANALYSTS, ALLEN KENNEY, INTERNAL REVENUE SERVICE. (Katinsky, David) (Entered: 08/14/2007)
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by FOIA Project Staff