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Case TitleCAUSE OF ACTION v. INTERNAL REVENUE SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2013cv00920
Date Filed2013-06-19
Date Closed2017-05-25
JudgeJudge Amy Berman Jackson
PlaintiffCAUSE OF ACTION
DefendantINTERNAL REVENUE SERVICE
DefendantISREAL OWEN HAWKINS, JR.
DefendantISREAL OWEN HAWKINS, JR.
TERMINATED: 01/14/2015
AppealD.C. Circuit 15-5026
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [51]
FOIA Project Annotation: Judge Amy Berman Jackson has ruled the IRS conducted an adequate search for some of the records requested by Cause of Action, but has so far failed to justify its search for other categories of records. She also upheld the agency's claims under Exemption 5 (privileges) and Exemption 3 (other statutes), but found that some records the agency had characterized as return information did not necessarily meet the statutory definition. Cause of Action submitted a multi-part request for records concerning disclosure of tax return information under various exceptions to Section 6103's rule of non-disclosure within the government. Cause of Action's request focused particularly on Section 6103(g), which allows disclosure of tax return information with permission of the taxpayer to the Executive Office of the President to be used as part of the evaluation process for executive appointments. One item requested by Cause of Action was for any records pertaining to requests or lawsuits relating to Section 6103(g). The agency found the only request it had received pertaining to 6103(g) was a request by Cause of Action in 2012 which resulted in subsequent FOIA litigation. The agency located 790 pages, made redactions to 289 pages, and withheld six pages entirely, primarily under Exemption 5. Cause of Action argued the agency's search for those records was inadequate. Jackson observed that "the agency's declaration devotes five pages to describing a comprehensive search for records responsive to items one and two, including the specific terms [the staffer] used to search [the agency database], the review of responsive records, and the process of identifying and issuing search memoranda to individuals and offices that were likely to possess additional records. The Court finds that the description provided in the declaration is sufficient to indicate 'what records were searched, by whom and through what processes' with respect to items one and two of the request." Jackson found the agency's redactions under Exemption 5 were appropriate. Describing some of the records, she noted that "the redacted portions of these records precede agency decisions about litigation strategy, including what recommendations the IRS would make to its attorneys in the Department of Justice Tax Division, who had not yet taken action in the case at the time." However, Jackson found the agency's explanation of its search for records pertaining to requests by EOP for return information was not sufficient. Here, she pointed out that "this portion of the FOIA request sought a broad range of records�"those related to requests for 'taxpayer or return information' by the Executive Office of the President that were not made pursuant to section 6103(g)�"and [the agency's] failure to identify any key words or search terms that were used, or to describe the types of searches that were performed in any detail, undermines any claim that the search was 'reasonably calculated to uncover all relevant documents.'" Jackson agreed with the agency that "tax checks"�"requests for return information on individuals being considered for employment by EOP�"were protected by Exemption 3. She noted that "it is undisputed that any personally identifying information contained in the records related to 'tax checks' would constitute 'return information' within the plain language of section 6103." She rejected the agency's claim that any EOP request that related to tax return information would be exempt under section 6103. Instead, she indicated that Section 6103 was created in response to political abuses of tax return information and she pointed out that "the Court is unwilling to stretch the statute so far, and it cannot conclude that section 6103 may be used to shield the very misconduct it was enacted to prohibit."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Adequacy - Search, Exemption 3 - Limited agency discretion
Opinion/Order [81]
FOIA Project Annotation: Judge Amy Berman Jackson has ruled that the IRS conducted an adequate search for records concerning instances in which the White House requested tax return information about individuals for purposes other than consideration for various appointments. Cause of Action requested the records to try to establish that the White House misused tax return information for political purposes. Jackson found the agency's first search insufficient because it had failed to explain why it did not search the Office of Legislative Affairs. This time, the agency searched the Office of the Executive Secretariat, which, the agency asserted, was the only office at the agency that would have received a request from the White House. It searched the E-Trak database because that database contained a record of all White House requests. At the urging of Cause of Action, it also searched two FOIA-related databases. The searches found no records. Cause of Action challenged whether the employees who signed the agency's affidavits had sufficient personal knowledge and suggested that they were not in a position to know whether or not improper White House requests were received and not recorded. Jackson noted that "obviously, no declarant can rule out the possibility that an employee may fail to follow proper procedure, and therefore it would be speculative for her to aver than any employee who ever actually received an improper request in fact promptly forwarded it to the Office of the Executive Secretariat. But it is equally speculative to assume that such a request was made." Jackson observed that Cause of Action's request posed a difficult legal conundrum since it asked for records that should not exist. She noted that "not only does plaintiff not know whether the record it seeks exist " they are not supposed to exist. But this raises the question: how would the agency be able to reasonably identify where records that should not exist are likely to be found?" Cause of Action insisted the agency should have searched more email accounts. Jackson pointed out that "but when the Court summoned the parties to a status conference and invited the plaintiffs to provide more direction, plaintiff acknowledged that it had no particular email accounts in mind. Given plaintiff's inability 'to identify specific additional places the agency should now search,' plaintiff has not pointed to any genuine issue of fact related to the adequacy of the search."
Issues: Search - Reasonableness of search
User-contributed Documents
 Agency declaration
Brief in support of partial motion to dismiss
Motion for Partial Dismissal
Notice
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-06-191COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-3367402) filed by CAUSE OF ACTION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Exhibit 1-8)(Epstein, Daniel) (Entered: 06/19/2013)
2013-06-192LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CAUSE OF ACTION (Epstein, Daniel) (Entered: 06/19/2013)
2013-06-19Case Assigned to Judge Amy Berman Jackson. (ls, ) (Entered: 06/20/2013)
2013-06-203Electronic Summons (1)Issued as to INTERNAL REVENUE SERVICE. (Attachments: # 1 Consent Notice)(ls, ) (Entered: 06/20/2013)
2013-07-254MOTION to Dismiss Claims Against TIGTA and Claims for the Section 6103(g)(1) Category of Request by INTERNAL REVENUE SERVICE (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1-Declaration of Gregory M. Miller, # 3 Exhibit A-D to the Declaration of Gregory M. Miller, # 4 Text of Proposed Order)(Bringer, Norah) (Entered: 07/25/2013)
2013-08-095ENTERED IN ERROR.....NOTICE OF RELATED CASE by CAUSE OF ACTION. Case related to Case No. 1:13-cv-01225. (Epstein, Daniel) Modified on 8/12/2013 (jf, ). (See Case 13-1225 2 to view document) (Entered: 08/09/2013)
2013-08-126NOTICE of Non-Opposition to the Defendant's Partial Motion to Dismiss Claims Against TIGTA and Claims for the Section 6103(G)(1) Category of Request by CAUSE OF ACTION re 4 MOTION to Dismiss Claims Against TIGTA and Claims for the Section 6103(g)(1) Category of Request (Epstein, Daniel) Modified to correct filer on 8/15/2013 (td, ). (Entered: 08/12/2013)
2013-08-167RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. INTERNAL REVENUE SERVICE served on 6/27/2013 (Epstein, Daniel) (Entered: 08/16/2013)
2013-08-188NOTICE of Appearance by Allan Blutstein on behalf of CAUSE OF ACTION (Blutstein, Allan) (Entered: 08/18/2013)
2013-11-049ORDER granting 4 Partial Motion to Dismiss Claims Against TIGTA and Claims For the Section 6103(g)(1) Category of Request. See order for details. Signed by Judge Amy Berman Jackson on 11/4/2013. (lcabj3) (Entered: 11/04/2013)
2013-11-1510ANSWER to Complaint by INTERNAL REVENUE SERVICE.(Bringer, Norah) (Entered: 11/15/2013)
2013-11-1511ORDER that defendant file on or before December 13, 2013 a dispositive motion or, in the alternative, a report setting forth the schedule for document production to plaintiff. See order for details. Signed by Judge Amy Berman Jackson on 11/15/13. (DMK) (Entered: 11/15/2013)
2013-11-17Set/Reset Deadlines: Defendant to file either a dispositive motion or, alternatively, a report setting forth a schedule for the production of documents to plaintiff by 12/13/2013. (jth) (Entered: 11/17/2013)
2013-11-1812MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Robyn N. Burrows, :Firm- Cause of Action, :Address- 1919 Pennsylvania Ave., NW, Suite 650 Washington, DC 20006. Phone No. - (202) 499-2421. Fax No. - (202) 330-5842 by CAUSE OF ACTION (Attachments: # 1 Exhibit A: Declaration of Robyn N. Burrows, # 2 Exhibit B: Proposed Order)(Epstein, Daniel) (Entered: 11/18/2013)
2013-11-19MINUTE ORDER granting 12 Motion for Leave of Robyn N. Burrows to Appear Pro Hac Vice only upon condition that the lawyer admitted, or at least one member of the lawyer's firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. Signed by Judge Amy Berman Jackson on 11/19/13. (DMK) (Entered: 11/19/2013)
2013-12-0413MOTION for Extension of Time to File Dispositive Motion or Report by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(Bringer, Norah) (Entered: 12/04/2013)
2013-12-04MINUTE ORDER granting 13 defendant's Motion for Extension of Deadline. It is ORDERED that the Internal Revenue Service shall file a dispositive motion or, in the alternative, a report setting forth the schedule for document production to plaintiff on or before February 11, 2014. Signed by Judge Amy Berman Jackson on 12/4/2013. (lcabj3) (Entered: 12/04/2013)
2013-12-05Set/Reset Deadlines: Defendant to file either a dispositive motion or, alternatively, a report setting forth a schedule for the production of documents to plaintiff by 2/11/2014. (jth) (Entered: 12/05/2013)
2014-02-0514MOTION for Extension of Time to File Dispositive Motion or Report by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(Bringer, Norah) (Entered: 02/05/2014)
2014-02-05MINUTE ORDER granting 14 Motion for Extension of Time to File. It is ORDERED that defendant shall file by March 13, 2014 its dispositive motion or a report setting forth the schedule to complete its production of documents to plaintiff. Signed by Judge Amy Berman Jackson on 2/5/14. (DMK) (Entered: 02/05/2014)
2014-02-06Set/Reset Deadlines: Defendant to file either a dispositive motion or, alternatively, a report setting forth a schedule for the production of documents to plaintiff by 3/13/2014. (jth) (Entered: 02/06/2014)
2014-03-1015MOTION for Extension of Time to File Dispositive Motion or Report by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(Bringer, Norah) (Entered: 03/10/2014)
2014-03-10MINUTE ORDER granting 15 defendant's Unopposed Motion for Extension of Deadline. It is ORDERED that defendant shall file by April 14, 2014, its dispositive motion or a report setting forth the schedule to complete its production of documents to plaintiff. Signed by Judge Amy Berman Jackson on 3/10/2014. (lcabj3) (Entered: 03/10/2014)
2014-03-10Set/Reset Deadlines: Defendant to either file its dispositive motion or a report setting forth the schedule to complete its production of documents to plaintiff by 4/14/2014. (jth) (Entered: 03/10/2014)
2014-04-1416MOTION for Summary Judgment by INTERNAL REVENUE SERVICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit 1-Declaration of Denise Higley, # 4 Exhibit 2-Declaration of Francis McCormick, # 5 Text of Proposed Order)(Bringer, Norah) (Entered: 04/14/2014)
2014-04-2317Unopposed MOTION for Extension of Time to File Response/Reply to Motion for Summary Judgment by CAUSE OF ACTION (Attachments: # 1 Text of Proposed Order)(Epstein, Daniel) (Entered: 04/23/2014)
2014-04-23MINUTE ORDER granting 17 Plaintiff's Unopposed Motion for Extension of Time. It is ORDERED that plaintiff's response to defendant's motion for summary judgment is due on or before May 19, 2014. It is FURTHER ORDERED that defendant's reply is due on or before June 9, 2014. Signed by Judge Amy Berman Jackson on 4/23/2014. (lcabj3) (Entered: 04/23/2014)
2014-05-1518Unopposed MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment by CAUSE OF ACTION (Attachments: # 1 Text of Proposed Order)(Epstein, Daniel) (Entered: 05/15/2014)
2014-05-15MINUTE ORDER granting 18 Unopposed Motion for Enlargement of Time. It is ORDERED that plaintiff's response to defendant's motion for summary judgment is due on or before June 9, 2014. It is FURTHER ORDERED that defendant's reply is due on or before July 14, 2014. Signed by Judge Amy Berman Jackson on 5/15/2014. (lcabj3) (Entered: 05/15/2014)
2014-05-16Set/Reset Deadlines: Plaintiff's Response to Defendant's Summary Judgment Motion is due by 6/9/2014; Defendant's Reply is due by 7/14/2014. (jth) (Entered: 05/16/2014)
2014-06-0619NOTICE OF SUBSTITUTION OF COUNSEL by Yonatan Gelblum on behalf of INTERNAL REVENUE SERVICE Substituting for attorney Norah E. Bringer (Gelblum, Yonatan) (Entered: 06/06/2014)
2014-06-0620NOTICE OF WITHDRAWAL OF APPEARANCE as to INTERNAL REVENUE SERVICE. Attorney Norah Elizabeth Bringer terminated. (Bringer, Norah) (Entered: 06/06/2014)
2014-06-0921Cross MOTION for Summary Judgment by CAUSE OF ACTION (Attachments: # 1 Memorandum in Support of Plaintiff's Cross-Motion for Summary Judgment and Memorandum of Points and Authorities in Opposition to Defendant's Motion for Summary Judgment, # 2 Statement of Facts Undisputed Material Facts, # 3 Statement of Facts Plaintiff's Response to Defendant's Statement of Undisputed Material Facts, # 4 Text of Proposed Order)(Epstein, Daniel) (Entered: 06/09/2014)
2014-06-0922NOTICE Declaration of Allan Blutstein by CAUSE OF ACTION re 21 Cross MOTION for Summary Judgment (Attachments: # 1 Exhibit #1-4 to Declaration of Allan Blutstein)(Epstein, Daniel) (Entered: 06/09/2014)
2014-06-1023Memorandum in opposition to re 16 MOTION for Summary Judgment filed by CAUSE OF ACTION. (Epstein, Daniel) Modified on 6/10/2014 to correct filing link (jf, ). (Entered: 06/10/2014)
2014-06-1324Consent MOTION for Extension of Time to File Response/Reply as to 21 Cross MOTION for Summary Judgment by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(Gelblum, Yonatan) (Entered: 06/13/2014)
2014-06-16MINUTE ORDER granting 24 defendant's Unopposed Motion for Extension of Deadline. It is ORDERED that defendant's opposition to plaintiff's cross-motion for summary judgment is due on or before July 14, 2014. Signed by Judge Amy Berman Jackson on 6/16/2014. (lcabj3) (Entered: 06/16/2014)
2014-06-16Set/Reset Deadlines: Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment is due by 7/14/2014. (jth) (Entered: 06/16/2014)
2014-07-0225Consent MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment , 21 Cross MOTION for Summary Judgment by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(Gelblum, Yonatan) (Entered: 07/02/2014)
2014-07-02MINUTE ORDER granting 25 Unopposed Motion for Extension of Deadlines. It is ORDERED that defendant's response to plaintiff's opposition and cross-motion for summary judgment is due on or before July 28, 2014. It is FURTHER ORDERED that plaintiff's reply to defendant's opposition is due on or before August 15, 2014. Signed by Judge Amy Berman Jackson on 7/2/2014. (lcabj3) (Entered: 07/02/2014)
2014-07-03Set/Reset Deadlines: Defendant's Reply in support of its Motion for Summary and Opposition to Plaintiff's Cross-Motion for Summary judgment is due by 7/28/2014. Plaintiff's Reply in suport of its Cross-Motion for Summary Judgment is due by 8/15/2014. (jth) (Entered: 07/03/2014)
2014-07-2826Memorandum in opposition to re 21 Cross MOTION for Summary Judgment filed by INTERNAL REVENUE SERVICE. (Attachments: # 1 Statement of Facts Response to Plaintiff's Statement, # 2 Declaration of Francis McCormick (Supplemental), # 3 Declaration of Jennifer Black)(Gelblum, Yonatan) (Entered: 07/28/2014)
2014-07-2827REPLY to opposition to motion re 16 MOTION for Summary Judgment filed by INTERNAL REVENUE SERVICE. (Gelblum, Yonatan) (Entered: 07/28/2014)
2014-08-1328NOTICE of Appearance by Prashant Kumar Khetan on behalf of CAUSE OF ACTION (Khetan, Prashant) (Main Document 28 replaced on 8/14/2014) (jf, ). (Entered: 08/13/2014)
2014-08-1329Unopposed MOTION for Extension of Time to File Response/Reply Defendant IRS's Brief in Reply to Plaintiff's Opposition to Defendant's MSJ by CAUSE OF ACTION (Attachments: # 1 Text of Proposed Order)(Khetan, Prashant) (Entered: 08/13/2014)
2014-08-14MINUTE ORDER granting 29 Unopposed Motion for Enlargement of Time. It is ORDERED that plaintiff's reply to defendant's opposition is due on or before August 22, 2014. Signed by Judge Amy Berman Jackson on 8/14/2014. (lcabj3) (Entered: 08/14/2014)
2014-08-15Set/Reset Deadlines: Plaintiff's Reply to Defendant's Opposition to the Cross-Motion for Summary Judgment is now due by 8/22/2014. (jth) (Entered: 08/15/2014)
2014-08-2230REPLY re 21 Cross MOTION for Summary Judgment Reply in Support of Plaintiff's Cross-Motion for Summary Judgment filed by CAUSE OF ACTION. (Khetan, Prashant) Modified on 8/25/2014 (jf, ). (Entered: 08/22/2014)
2014-10-0331NOTICE OF WITHDRAWAL OF APPEARANCE as to CAUSE OF ACTION. Attorney Robyn N. Burrows terminated. (Burrows, Robyn) (Entered: 10/03/2014)
2015-01-0532MOTION for Joinder by ISREAL OWEN HAWKINS, JR (jf, ) (Entered: 01/07/2015)
2015-01-1433ORDER denying 32 Motion for Joinder. See order for details. Signed by Judge Amy Berman Jackson on 1/14/2015. (lcabj3) (Entered: 01/14/2015)
2015-01-2734NOTICE OF APPEAL as to 33 Order on Motion for Joinder by ISREAL OWEN HAWKINS, JR.. Fee Status: No Fee Paid. Parties have been notified. (jf, ) Modified on 1/29/2015 to correct filer (jf, ). (Entered: 01/28/2015)
2015-01-2736MOTION for Leave to Proceed in forma pauperis by ISREAL OWEN HAWKINS, JR (jf, ) (Entered: 01/28/2015)
2015-01-2835Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Fee remains to be paid and another notice will be transmitted when the fee has been paid in the District Court re 34 Notice of Appeal. (jf, ) (Entered: 01/28/2015)
2015-01-2837**AMENDED***Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. Motion to proceed on appeal in forma pauperis has been filed. Another transmission will be forwarded when the motion has been decided re 34 Notice of Appeal. (jf, ) (Entered: 01/28/2015)
2015-01-2838ORDER denying 36 Motion for Leave to Proceed in forma pauperis. See order for details. Signed by Judge Amy Berman Jackson on 1/28/2015. (lcabj3) (Entered: 01/28/2015)
2015-01-2839Supplemental Record on Appeal transmitted to US Court of Appeals re 38 Order on Motion for Leave to Proceed in forma pauperis ; (zjf, ) (Entered: 01/28/2015)
2015-01-29USCA Case Number 15-5026 for 34 Notice of Appeal filed by ISREAL OWEN HAWKINS, JR. (rd) Modified on 1/29/2015 (jf, ). (Entered: 01/29/2015)
2015-01-2940Supplemental Record on Appeal transmitted to US Court of Appeal; USCA Case Number 15-5026. **Amended Docket Sheet to reflect the correct filer re 34 Notice of Appeal (jf, ) (Entered: 01/29/2015)
2015-01-3041NOTICE of Appearance by Stephanie Ann Sasarak on behalf of INTERNAL REVENUE SERVICE (Sasarak, Stephanie) (Entered: 01/30/2015)
2015-01-3042ORDER of USCA (certified copy) as to 34 Notice of Appeal filed by ISREAL OWEN HAWKINS, JR.; because appellant has not paid the appellate docketing fee in this case, and the district court has denied appellant leave to proceed on appeal in forma pauperis, it is ordered, on the court's own motion, that by 3/2/15, appellant either pay the $505 appellate docketing and filing fees to the Clerk of the District Court, or file a motion in this court for leave to proceed on appeal in forma pauperis, along with a completed Consent to Collection of Fees and Prisoner Trust Account Report. USCA Case Number 15-5026. (mlp) (Entered: 02/05/2015)
2015-02-0543NOTICE OF WITHDRAWAL OF APPEARANCE as to CAUSE OF ACTION. Attorney Allan Blutstein terminated. (Blutstein, Allan) (Entered: 02/05/2015)
2015-05-0744ORDER of USCA as to 34 Notice of Appeal filed by ISREAL OWEN HAWKINS, JR. RDERED that the motion for leave to proceed in forma pauperis be denied. That appellant pay the full filing and docketing fee of $505 to the district court within 30 days of the date of this order or this appeal will be dismissed. FURTHER ORDERED that consideration of the motion to dismiss or, in the alternative, for summary affirmance be deferred pending further order of the court. USCA Case Number 15-5026. (rd) (Entered: 05/07/2015)
2015-08-03MINUTE ORDER directing defendant to submit in camera a representative sample of the "tax checks" referenced in footnote 5 of its brief in support of its motion for summary judgment [Dkt. # 16-1] on or before Friday, August 7, 2015. Signed by Judge Amy Berman Jackson on 8/3/2015. (lcabj3) (Entered: 08/03/2015)
2015-08-04Set/Reset Deadlines: Defendant to submit in camera a representative sample of the "tax checks" referenced in footnote 5 of its brief in support of its motion for summary judgment [Dkt. # 16-1] by Friday, August 7, 2015. (jth) (Entered: 08/04/2015)
2015-08-0745NOTICE OF SUPPLEMENTAL AUTHORITY by CAUSE OF ACTION (Attachments: # 1 Exhibit #1-5)(Epstein, Daniel) (Entered: 08/07/2015)
2015-08-0746NOTICE of Compliance by INTERNAL REVENUE SERVICE re Order, (Attachments: # 1 Exhibit)(Sasarak, Stephanie) (Entered: 08/07/2015)
2015-08-1247MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Erica L. Marshall, :Firm- Cause of Action, :Address- 1919 Pennsylvania Ave, NW Suite 650 Washington, DC 20006. Phone No. - (202) 499-4232. Filing fee $ 100, receipt number 0090-4207428. Fee Status: Fee Paid. by CAUSE OF ACTION (Epstein, Daniel) (Entered: 08/12/2015)
2015-08-13MINUTE ORDER granting 47 Motion for Leave of Erica L. Marshall to Appear Pro Hac Vice only upon condition that the lawyer admitted, or at least one member of the lawyer's firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. Signed by Judge Amy Berman Jackson on 8/13/15. (DMK) (Entered: 08/13/2015)
2015-08-1448MANDATE of USCA (certified copy) as to 34 Notice of Appeal filed by ISREAL OWEN HAWKINS, JR. ORDERED that this case be dismissed for lack of prosecution. USCA Case Number 15-5026. (rd) (Entered: 08/17/2015)
2015-08-2049NOTICE OF WITHDRAWAL OF APPEARANCE as to CAUSE OF ACTION. Attorney Prashant Kumar Khetan terminated. (Khetan, Prashant) (Entered: 08/20/2015)
2015-08-2850ORDER. It is ORDERED that defendant's Motion for Summary Judgment 16 is GRANTED IN PART AND DENIED IN PART. It is FURTHER ORDERED that plaintiff's Cross-Motion for Summary Judgment 21 is GRANTED IN PART AND DENIED IN PART. See order for details. Signed by Judge Amy Berman Jackson on 8/28/2015. (lcabj3) (Entered: 08/28/2015)
2015-08-2851MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 8/28/2015. (lcabj3) (Entered: 08/28/2015)
2015-09-0952NOTICE of Appearance by Aram A. Gavoor on behalf of CAUSE OF ACTION (Gavoor, Aram) (Entered: 09/09/2015)
2015-10-2853Joint STATUS REPORT by CAUSE OF ACTION. (Marshall, Erica) (Entered: 10/28/2015)
2015-10-28MINUTE ORDER. In light of the parties' 53 joint status report, it is ORDERED that the parties shall file a further status report, on or before December 2, 2015, to update the Court on the status of the matter and to propose a schedule for further proceedings, if necessary. Signed by Judge Amy Berman Jackson on 10/28/2015. (lcabj3) (Entered: 10/28/2015)
2015-10-29Set/Reset Deadlines: The parties shall file a further status report to update the Court on the status of the matter and to propose a schedule for further proceedings, if necessary, by 12/2/2015. (jth) (Entered: 10/29/2015)
2015-12-0254STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 12/02/2015)
2015-12-0255Joint STATUS REPORT by CAUSE OF ACTION. (Marshall, Erica) (Entered: 12/02/2015)
2015-12-03MINUTE ORDER. In light of the parties' 55 joint status report, the parties shall file a further status report, on or before January 8, 2016, to update the Court on the status of the matter and to propose a schedule for further proceedings, if necessary. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/3/2015. (lcabj3) (Entered: 12/03/2015)
2015-12-2156NOTICE of Appearance by Ryan Patrick Mulvey on behalf of CAUSE OF ACTION (Mulvey, Ryan) (Entered: 12/21/2015)
2016-01-0857Joint STATUS REPORT by CAUSE OF ACTION. (Mulvey, Ryan) (Entered: 01/08/2016)
2016-01-08MINUTE ORDER. In light of the parties' 57 joint status report, the parties shall file a further status report, on or before January 22, 2016, to update the Court on the status of the matter and to propose a schedule for further proceedings, if necessary. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/8/2016. (lcabj3) (Entered: 01/08/2016)
2016-01-08Set/Reset Deadlines: The parties shall file a further status report to update the Court on the status of the matter and to propose a schedule for further proceedings, if necessary, by 1/22/2016. (jth) (Entered: 01/08/2016)
2016-01-2258Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 01/22/2016)
2016-01-22In light of the parties' 58 joint status report, the parties shall file a further status report, on or before February 26, 2016, to update the Court on the status of the matter and to propose a schedule for further proceedings, if necessary. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/22/2016 (lcabj3) (Entered: 01/22/2016)
2016-02-2659Joint STATUS REPORT by CAUSE OF ACTION. (Mulvey, Ryan) (Entered: 02/26/2016)
2016-02-26MINUTE ORDER. In light of the parties' 59 joint status report, the parties shall file a further status report, on or before March 24, 2016, to update the Court on the status of the matter and to propose a schedule for further proceedings, if necessary. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/26/2016. (lcabj3) (Entered: 02/26/2016)
2016-02-28Set/Reset Deadlines: The parties shall file a further status report to update the Court on the status of the matter and to propose a schedule for further proceedings, if necessary, by 3/24/2016. (jth) (Entered: 02/28/2016)
2016-03-2360NOTICE of Change of Address by Ryan Patrick Mulvey (Mulvey, Ryan) (Entered: 03/23/2016)
2016-03-2461STIPULATION Joint Stipulation by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 03/24/2016)
2016-03-2462Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 03/24/2016)
2016-03-25MINUTE ORDER. In light of the parties' 62 joint status report, the parties shall file a further status report on or before April 21, 2016, to update the Court on the status of the matter and to propose a schedule for further proceedings, if necessary. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/25/2016.(lcabj3) (Entered: 03/25/2016)
2016-03-25Set/Reset Deadlines: The parties shall file a further status report to update the Court on the status of the matter and to propose a schedule for further proceedings, if necessary, by 4/21/2016. (jth) (Entered: 03/25/2016)
2016-04-2163Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 04/21/2016)
2016-04-22MINUTE ORDER. On or before May 6, 2016, the parties shall file a joint status report to inform the Court of their respective positions on whether the matter should be referred to mediation now that the dispute has been substantially narrowed. Defendant's motion for summary judgment shall be filed by June 3, 2016. Plaintiff's opposition, combined with any cross-motion, shall be filed by July 1, 2016. Defendant's reply, combined with any cross-opposition, shall be filed by August 1, 2016. Plaintiff's cross-reply, if necessary, shall be filed by September 1, 2016. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/22/2016. (lcabj3) (Entered: 04/22/2016)
2016-05-0564NOTICE OF WITHDRAWAL OF APPEARANCE as to CAUSE OF ACTION. Attorney Aram A. Gavoor terminated. (Gavoor, Aram) (Entered: 05/05/2016)
2016-05-0665Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 05/06/2016)
2016-06-0366MOTION for Summary Judgment by INTERNAL REVENUE SERVICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration Tate Declaration, # 4 Declaration McCarty Declaration, # 5 Text of Proposed Order)(Sasarak, Stephanie) (Entered: 06/03/2016)
2016-06-2267NOTICE OF SUBSTITUTION OF COUNSEL by Stephanie Ann Sasarak on behalf of INTERNAL REVENUE SERVICE Substituting for attorney Yonatan Gelblum (Sasarak, Stephanie) (Entered: 06/22/2016)
2016-07-0168Memorandum in opposition to re 66 MOTION for Summary Judgment filed by CAUSE OF ACTION. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Statement of Facts, # 4 Declaration, # 5 Text of Proposed Order)(Mulvey, Ryan) (Entered: 07/01/2016)
2016-07-0169Cross MOTION for Summary Judgment, MOTION to Strike re [66-4] McCarty Declaration by CAUSE OF ACTION (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Statement of Facts, # 4 Declaration, # 5 Text of Proposed Order)(Mulvey, Ryan). Added MOTION to Strike on 7/1/2016 (jf). (Entered: 07/01/2016)
2016-07-0870Consent MOTION for Extension of Time to Reply to Motion to Strike , Consent MOTION for Extension of Time to File Response/Reply as to 69 Cross MOTION for Summary Judgment MOTION to Strike by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(Sasarak, Stephanie) (Entered: 07/08/2016)
2016-07-12MINUTE ORDER granting defendant's 70 consent motion for an extension of time to respond to plaintiff's motion to strike. Defendant's response to the motion to strike shall be filed as part of its reply in support of its motion for summary judgment and cross-opposition to plaintiff's motion for summary judgment, currently due on August 1, 2016. Plaintiff's reply to the motion to strike shall be filed as part of its cross-reply, currently due on September 1, 2016. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/12/2016. (lcabj3) (Entered: 07/12/2016)
2016-08-0171NOTICE OF WITHDRAWAL OF APPEARANCE as to CAUSE OF ACTION. Attorney Daniel Zachary Epstein terminated. (Epstein, Daniel) (Entered: 08/01/2016)
2016-08-0172NOTICE of Appearance by Julie A. Smith on behalf of CAUSE OF ACTION (Smith, Julie) (Entered: 08/01/2016)
2016-08-0173NOTICE of Appearance by David T. Fischer on behalf of CAUSE OF ACTION (Fischer, David) (Entered: 08/01/2016)
2016-08-0174REPLY to opposition to re 66 MOTION for Summary Judgment MOTION to Strike filed by INTERNAL REVENUE SERVICE. (Attachments: # 1 Declaration Second Tate Declaration, # 2 IRS Response to Plaintiff's Statement of Facts)(Sasarak, Stephanie) Modified on 8/2/2016 (jf). (Entered: 08/01/2016)
2016-08-02NOTICE OF ERROR re 74 Reply to opposition to Motion; emailed to stephanie.a.sasarak@usdoj.gov, cc'd 7 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please refile document, 3. Same Document usi (Entered: 08/02/2016)
2016-08-0275Memorandum in opposition to re 69 Cross MOTION for Summary Judgment MOTION to Strike Reply to Opposition to Internal Revenue Service's Motion for Summary Judgment, Opposition to Plaintiff's Cross-Motion, and Opposition to Plaintiff's Motion to Strike filed by INTERNAL REVENUE SERVICE. (Attachments: # 1 Declaration Second Tate Declaration, # 2 IRS Response to Plaintiff's Statement of Facts)(Sasarak, Stephanie) (Entered: 08/02/2016)
2016-08-3176REPLY to opposition to motion re 69 Cross MOTION for Summary Judgment MOTION to Strike filed by CAUSE OF ACTION. (Mulvey, Ryan) (Entered: 08/31/2016)
2016-11-2277NOTICE OF WITHDRAWAL OF APPEARANCE as to CAUSE OF ACTION. Attorney David T. Fischer terminated. (Fischer, David) (Entered: 11/22/2016)
2017-04-03Set/Reset Hearings: A Status Conference in this matter is scheduled for Friday, April 7, 2017, at 10:00 AM in Courtroom 3 before Judge Amy Berman Jackson. (jth) (Entered: 04/03/2017)
2017-04-07Minute Entry for proceedings held before Judge Amy Berman Jackson: Status Conference held on 4/7/2017. The parties are directed to file by 12:00 PM on Thursday, April 13, 2017, a Joint Status Report indicating the following: 1) If they wish this case to be referred for Mediation; 2) If so, do they wish the matter to be referred to the Mediation Program or to a Magistrate Judge; 3) If a Magistrate Judge, do they wish for a random referral or a direct referral to a specific Magistrate Judge, and if so which Magistrate Judge. (Court Reporter: Janice Dickman). (jth) (Entered: 04/07/2017)
2017-04-1378Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 04/13/2017)
2017-04-2479TRANSCRIPT OF PROCEEDINGS before Judge Amy Berman Jackson held on April 7, 2017; Page Numbers: 1-13. Date of Issuance: April 24, 2017. Court Reporter/Transcriber Janice Dickman, Telephone number 202-354-3267, Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 5/15/2017. Redacted Transcript Deadline set for 5/25/2017. Release of Transcript Restriction set for 7/23/2017.(Dickman, Janice) (Entered: 04/24/2017)
2017-05-2580ORDER. Pursuant to Federal Rules of Civil Procedure 56 and 58, and for the reasons stated in the accompanying memorandum opinion, the Internal Revenue Service's 66 Motion for Summary Judgment is GRANTED, and plaintiff's 69 Motion for Summary Judgment and Motion to Strike are DENIED. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/25/2017. (lcabj3) (Main Document 80 replaced on 5/25/2017) (zjth). (Entered: 05/25/2017)
2017-05-2581MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 5/25/2017. (lcabj3) (Main Document 81 replaced on 5/25/2017) (zjth). (Entered: 05/25/2017)
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