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Case TitleCAUSE OF ACTION v. TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2013cv01225
Date Filed2013-08-09
Date Closed2015-09-16
JudgeJudge Amy Berman Jackson
PlaintiffCAUSE OF ACTION
Case DescriptionCause of Action submitted a FOIA request to the IRS for records concerning the interpretation of Section 6103(g), which allows disclosure of tax return information to the White House upon a request made by the President or the Secretary of Treasury. Part of the request was referred to the Inspector General for Tax Administration. The agency issued a Glomar response neither confirming nor denying the existence of records. Cause of Action appealed and the agency upheld its original Glomar response. Cause of Action then filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantTREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [38]
FOIA Project Annotation: Judge Amy Berman Jackson has ruled that the Inspector General for Tax Administration cannot invoke a Glomar response for records it contends are protected by Exemption 3 (other statutes). Cause of Action requested records from the IRS for any investigation into the unauthorized disclosure of tax return information under 26 U.S.C. § 6103 to anyone in the Executive Office of the President. The IRS referred the request to TIGTA as well. TIGTA issued a Glomar response neither confirming nor denying the existence of records because such confirmation would violate the prohibitions on disclosure of tax return information. Rejecting the claim, Jackson noted that "the mere existence of records of investigations into unlawful disclosure of tax return information is not, itself, return information compiled by the IRS 'in connection with its determination of a taxpayer's liability' for a violation of Title 26." She pointed out that "at this stage of the case, the only question is whether defendant must acknowledge if some records exist related to an unknown number of investigations into a particular set of unauthorized disclosure of tax return information: those made to unnamed individuals in the Executive Office of the President. This information is not 'unique to a particular taxpayer' and it is not 'return information,' as broadly defined as that term may be." She observed that "the fact that TIGTA has publicly announced that it has investigated unlawful disclosures of, or access to, that body of information protected by statute as 'return information' strongly suggests that the fact of an investigation is not, itself, 'return information.'" TIGTA also argued its Glomar response was appropriate under Exemption 7(C) (invasion of privacy concerning law enforcement records). But Jackson pointed out that Cause of Action had not identified any individuals who had been investigated with the exception of former Chairman of the Council of Economic Advisors Austan Goolsbee. Jackson acknowledged that Goolsbee, who had been alleged to have disclosed tax return information during a press conference, would have a privacy interest in non-disclosure, but explained that that TIGTA had publicly acknowledged the existence of the investigation through letters to U.S. Senators indicating it was reviewing Goolsbee's comments and a later email from a TIGTA agent to the Chief Counsel of Koch Industries stating the final report of Goolsbee was been completed and would be available under FOIA. Jackson sent the case back to TIGTA to "determine whether the contents�"as distinguished from the existence�"of the officially acknowledged records may be protected from disclosure."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records, Exemption 3, Determination - Glomar response, Public domain
Opinion/Order [63]
FOIA Project Annotation: Judge Amy Berman Jackson has ruled that the Treasury Inspector General for Tax Administration conducted an adequate search for records pertaining to investigations into the unauthorized disclosure of tax return information to the Executive Office of the President, particularly after Cause of Action clarified that its request sought only investigations of actual unauthorized disclosures and did not include investigations of allegations of unauthorized disclosures. The agency initially issued a Glomar response neither confirming nor denying the existence of records. Jackson ruled that the Glomar response was inappropriate and ordered the agency to search for responsive records. Two searches located 2,509 pages of potentially responsive records. But Cause of Action indicated that it was seeking only records of actual investigations and that its request did not include investigations pertaining to allegations of unauthorized disclosures. With this distinction, the agency reviewed the records and concluded they all pertained to allegations and not actual investigations and, thus, were not responsive. Jackson agreed. She noted that two agency staffers "coordinated a wide-ranging search for records in numerous components of TIGTA, instructing the searchers to look for records in both electronic and hard-copy file systems, and, in some cases, requiring searchers to double-check their work. Moreover, the narrow specificity of plaintiff's request"even as construed more broadly by the defendant"coupled with the averments made in the defendant's in camera filings"make defendant's failure to identify specific keywords less troubling in this particular case." She observed that "in light of plaintiff's clarification of the scope of its request, and upon review of the record, including the materials filed in camera, the Court concludes that none of the records identified by defendant are responsive to plaintiff's request."
Issues: Litigation - Jurisdiction - Failure to State a Claim
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-08-091COMPLAINT against TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION ( Filing fee $ 400 receipt number 0090-3429057) filed by CAUSE OF ACTION. (Attachments: # 1 Exhibit #1-10 to Complaint, # 2 Civil Cover Sheet, # 3 Summons)(Epstein, Daniel) (Entered: 08/09/2013)
2013-08-092NOTICE OF RELATED CASE by CAUSE OF ACTION. Case related to Case No. 1:13-cv-00920-ABJ. (Epstein, Daniel) (Entered: 08/09/2013)
2013-08-09Case Assigned to Judge Amy Berman Jackson. (md, ) (Entered: 08/09/2013)
2013-08-093ELECTRONIC SUMMONS ISSUED (1) as to TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION. (Attachments: # 1 Notice of Consent, # 2 Consent Form)(md, ) (Entered: 08/09/2013)
2013-08-12SUMMONS NOT ISSUED as to U.S. Attorney's Office of the District of Columbia, U.S. Attorney General (md, ) (Entered: 08/12/2013)
2013-08-124ENTERED IN ERROR.... NOTICE of Summons to U.S. Attorney General by CAUSE OF ACTION (Epstein, Daniel) (Entered: 08/12/2013)
2013-08-125NOTICE of Summons to U.S. Attorney's Office by CAUSE OF ACTION (Epstein, Daniel) (Entered: 08/12/2013)
2013-08-126NOTICE of Summons to U.S. Attorney General by CAUSE OF ACTION (Epstein, Daniel) (Entered: 08/12/2013)
2013-08-127ELECTRONIC SUMMONS ISSUED (2) as to U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons 2nd, # 2 Notice of Consent, # 3 Consent Form)(md, ) (Entered: 08/12/2013)
2013-08-168RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION served on 8/15/2013 (Epstein, Daniel) (Entered: 08/16/2013)
2013-08-189NOTICE of Appearance by Allan Blutstein on behalf of CAUSE OF ACTION (Blutstein, Allan) (Entered: 08/18/2013)
2013-08-2910RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/19/2013. Answer due for ALL FEDERAL DEFENDANTS by 9/18/2013. (Blutstein, Allan) (Entered: 08/29/2013)
2013-08-2911RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/19/2013. (Blutstein, Allan) (Entered: 08/29/2013)
2013-09-1812ANSWER to Complaint by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION.(Bringer, Norah) (Entered: 09/18/2013)
2013-09-1913ORDER that defendant file on or before October 17, 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 9/19/13. (DMK) (Entered: 09/19/2013)
2013-09-22Set/Reset Deadlines: Defendant to file either a dispositive motion or a report setting forth the schedule for document production to plaintiff by 10/17/2013. (jth) (Entered: 09/22/2013)
2013-10-0114MOTION for Extension of Time to file dispositive motion or a report setting forth the schedule according to which it will complete its production of documents to the Plaintiff by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Bringer, Norah) (Entered: 10/01/2013)
2013-10-02MINUTE ORDER granting 14 Motion for Extension of Time to File Defendant's Motion for Summary Judgment or, in the alternative, a Report setting forth the schedule according to which defendant will complete its production of documents to plaintiff. It is ORDERED that Defendant's Motion for Summary Judgment or, in the alternative, the Report will be due on or before the 30th day after the Department of Justice resumes operations. It is FURTHER ORDERED that the parties shall inform the Court within two business days of the Department of Justice resuming operations. Additionally, the Court notes that any future motions for extensions of any sort must comply with the meet and confer requirement in LCvR 7(m). Signed by Judge Amy Berman Jackson on 10/2/2013. (lcabj1) (Entered: 10/02/2013)
2013-10-1715NOTICE of Resumption of Operations by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION re Order on Motion for Extension of Time to,,, (Bringer, Norah) (Entered: 10/17/2013)
2013-10-17MINUTE ORDER. In light of the government's resumption of operations and based on this Court's October 2, 2013 minute entry, it is ORDERED that defendant's motion for summary judgment or report setting forth the schedule according to which it will complete its production of documents to plaintiff is now due on or before November 18, 2013. Signed by Judge Amy Berman Jackson on 10/17/2013. (lcabj1) (Entered: 10/17/2013)
2013-10-20Set/Reset Deadlines: Defendant's Summary Judgment Motion or Report setting forth the schedule according to which it will complete its production of documents to Plaintiff is now due by 11/18/2013. (jth) (Entered: 10/20/2013)
2013-11-1816MOTION 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)
2013-11-1817MOTION for Summary Judgment by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Gregory M. Miller, # 4 Text of Proposed Order)(Bringer, Norah) (Entered: 11/18/2013)
2013-11-1818SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Memorandum in Support of Motion for Summary Judgment (addendum to publicly filed brief), # 2 Statement of Facts (addendum to publicly filed document), # 3 Declaration, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10)(Bringer, Norah) Modified on 11/19/2013 (zjf, ). (Entered: 11/18/2013)
2013-11-1819NOTICE of In Camera Submission by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION re 18 Sealed Motion for Leave to File Document Under Seal,, (Bringer, Norah) (Entered: 11/18/2013)
2013-11-19MINUTE ORDER granting 16 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)
2013-11-2520Unopposed MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment by CAUSE OF ACTION (Attachments: # 1 Text of Proposed Order)(Epstein, Daniel) (Entered: 11/25/2013)
2013-11-25MINUTE ORDER granting 20 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 December 20, 2013. It is FURTHER ORDERED that defendant's reply is due on or before January 6, 2014. Signed by Judge Amy Berman Jackson on 11/25/2013. (lcabj3) (Entered: 11/25/2013)
2013-11-26Set/Reset Deadlines: Response to Motion for Summary Judgment due by 12/20/2013. Reply to Motion for Summary Judgment due by 1/6/2014. (tb, ) (Entered: 11/26/2013)
2013-12-0221Memorandum in opposition to re 18 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL Motion for In Camera Review filed by CAUSE OF ACTION. (Attachments: # 1 Text of Proposed Order)(Epstein, Daniel) (Entered: 12/02/2013)
2013-12-0922REPLY to opposition to motion re 18 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL (Reply Brief publicly filed) filed by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION. (Bringer, Norah) (Entered: 12/09/2013)
2013-12-2023Memorandum in opposition to re 17 MOTION for Summary Judgment Memorandum of Points and Authorities in Support of its Opposition to Defendant's Motion for Summary Judgment and in support of Plaintiff's Cross-Motion for Summary Judgment filed by CAUSE OF ACTION. (Attachments: # 1 Text of Proposed Order)(Epstein, Daniel) (Entered: 12/20/2013)
2013-12-2024ENTERED IN ERROR.....REPLY to opposition to motion re 17 MOTION for Summary Judgment Cross-Motion for Summary Judgment filed by CAUSE OF ACTION. (Epstein, Daniel) Modified on 12/23/2013 (jf, ). (Entered: 12/20/2013)
2013-12-2025ENTERED IN ERROR.....RESPONSE re 17 MOTION for Summary Judgment Statement of Undisputed Material Facts In Support of Its Cross-Motion for Summary Judgment filed by CAUSE OF ACTION. (Attachments: # 1 Exhibit # 1-8)(Epstein, Daniel) Modified on 12/23/2013 (jf, ). (Entered: 12/20/2013)
2013-12-2026ENTERED IN ERROR.....REPLY to opposition to motion re 17 MOTION for Summary Judgment Response to Defendant's Statement of Undisputed Material Facts filed by CAUSE OF ACTION. (Epstein, Daniel) Modified on 12/23/2013 (jf, ). (Entered: 12/20/2013)
2013-12-23NOTICE OF CORRECTED DOCKET ENTRY: Document Nos re 25 Response to motion, 24 Reply to opposition to Motion, 26 Reply to opposition to Motion was entered in error and counsel was instructed to refile said pleading using the correct category(s). (jf, ) (Entered: 12/23/2013)
2013-12-2327Cross MOTION for Summary Judgment by CAUSE OF ACTION (Attachments: # 1 Exhibit # 1-8)(Epstein, Daniel) (Entered: 12/23/2013)
2013-12-2328RESPONSE re 17 MOTION for Summary Judgment Plaintiff's Response to Defendant's Statement of Undisputed Material Facts filed by CAUSE OF ACTION. (Epstein, Daniel) (Entered: 12/23/2013)
2014-01-0229MOTION for Extension of Time to File Response/Reply in support of TIGTA's motion for summary judgment and in response to plaintiff's cross-motion for summary judgment by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Bringer, Norah) (Entered: 01/02/2014)
2014-01-03MINUTE ORDER granting 29 Defendant's Motion for Extension of Time to File Response/Reply in Support of its Motion for Summary Judgment and in Response to Plaintiff's Cross-Motion for Summary Judgment. It is ORDERED that defendant's combined reply in support of its motion for summary judgment and opposition to plaintiff's cross-motion for summary judgment is now due on or before February 20, 2014. Signed by Judge Amy Berman Jackson on 1/3/2014. (lcabj1) (Entered: 01/03/2014)
2014-01-09Set/Reset Deadlines: Defendant's combined Reply in support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment is now due by 2/20/2014. (jth) (Entered: 01/09/2014)
2014-02-03MINUTE ORDER granting 18 Motion for Leave to File Documents Under Seal for Court's In Camera Review. It is ORDERED that defendant's motion is granted. The clerk is directed to maintain under seal exhibits 1-13 to defendant's motion for purposes of the Court's in camera review only. Signed by Judge Amy Berman Jackson on 2/3/2014. (lcabj1) (Entered: 02/03/2014)
2014-02-2030RESPONSE re 27 Cross MOTION for Summary Judgment filed by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION. (Attachments: # 1 Statement of Facts (Supplemental), # 2 Exhibit 1-Declaration of Randy Silvis, # 3 Exhibit A to Silvis Decl. - TIGTA Investigations Manual, # 4 Exhibit 2, # 5 Response to Plaintiff's Proffered Statement of Undisputed Material Facts, # 6 Text of Proposed Order)(Bringer, Norah) Modified on 2/20/2014 (jf, ). (Entered: 02/20/2014)
2014-02-20vent (jf, ) (Entered: 02/20/2014)
2014-02-2031REPLY to opposition to motion re 17 MOTION for Summary Judgment (and Response in Opposition to Plaintiff's Cross-Motion for Summary Judgment) filed by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION. (Attachments: # 1 Statement of Facts (Supplemental), # 2 Exhibit 1-Declaration of Randy Silvis, # 3 Exhibit A to Silvis Decl. - TIGTA Investigations Manual, # 4 Exhibit 2, # 5 Response to Plaintiff's Proffered Statement of Undisputed Material Facts, # 6 Text of Proposed Order)(Bringer, Norah) (Entered: 02/20/2014)
2014-02-2432Unopposed MOTION for Extension of Time to File Response/Reply by CAUSE OF ACTION (Attachments: # 1 Text of Proposed Order)(Epstein, Daniel) (Entered: 02/24/2014)
2014-02-24MINUTE ORDER granting 32 Plaintiff's Unopposed Motion for Extension of Time. It is ORDERED that plaintiff's reply is due on or before March 13, 2014. Signed by Judge Amy Berman Jackson on 2/24/2014. (lcabj3) (Entered: 02/24/2014)
2014-02-25Set/Reset Deadlines: Plaintiff's Reply in support of the Cross-Motion for Summary Judgment is now due by 3/13/2014. (jth) (Entered: 02/25/2014)
2014-03-1333ENTERED IN ERROR.....RESPONSE re 27 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by CAUSE OF ACTION. (Epstein, Daniel) Modified on 3/14/2014 (jf, ). (Entered: 03/13/2014)
2014-03-1334REPLY to opposition to re 27 Cross MOTION for Summary Judgment filed by CAUSE OF ACTION. (jf, ) (Entered: 03/14/2014)
2014-03-14NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 33 Response to motion was entered in error and refiled under the correct category by the Clerk's Office. (jf, ) (Entered: 03/14/2014)
2014-06-0635NOTICE OF SUBSTITUTION OF COUNSEL by Yonatan Gelblum on behalf of TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION Substituting for attorney Norah E. Bringer (Gelblum, Yonatan) (Entered: 06/06/2014)
2014-06-0636NOTICE OF WITHDRAWAL OF APPEARANCE as to TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION. Attorney Norah Elizabeth Bringer terminated. (Bringer, Norah) (Entered: 06/06/2014)
2014-09-2937ORDER denying 17 defendant's motion for summary judgment and granting 27 plaintiff's cross-motion for summary judgment. It is FURTHER ORDERED that this matter is remanded to defendant for further action. See order for details. Signed by Judge Amy Berman Jackson on 9/29/2014. (lcabj3) (Entered: 09/29/2014)
2014-09-2938MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 9/29/2014. (lcabj3) (Entered: 09/29/2014)
2014-10-01MINUTE ORDER that the parties shall submit a joint status report on or before November 7, 2014, advising the Court of the status of defendant's compliance with 37 the Court's order and proposing a schedule for further proceedings, if any. Signed by Judge Amy Berman Jackson on 10/1/2014. (lcabj3) (Entered: 10/01/2014)
2014-10-02Set/Reset Deadlines: Joint Status Report and proposed schedule for further proceedings is due by 11/7/2014. (jth) (Entered: 10/02/2014)
2014-10-0339NOTICE OF WITHDRAWAL OF APPEARANCE as to CAUSE OF ACTION. Attorney Robyn N. Burrows terminated. (Burrows, Robyn) (Entered: 10/03/2014)
2014-10-0340NOTICE of Appearance by Prashant Kumar Khetan on behalf of CAUSE OF ACTION (Khetan, Prashant) (Entered: 10/03/2014)
2014-10-2241Unopposed MOTION Fix Date for Response re 38 Memorandum & Opinion by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Gelblum, Yonatan) (Entered: 10/22/2014)
2014-10-23MINUTE ORDER granting 41 Unopposed Motion to Fix Date for Agency Response. It is ORDERED that defendant's response to plaintiff's request shall be made on or before December 1, 2014. It is FURTHER ORDERED that this order is without prejudice to any motion by either party for a further stay pending appeal. Signed by Judge Amy Berman Jackson on 10/23/2014. (lcabj3) (Entered: 10/23/2014)
2014-10-23Set/Reset Deadlines: Defendant's Response to Plaintiff's Request shall be made by 12/1/2014. (jth) (Entered: 10/23/2014)
2014-11-0742STATUS REPORT (Joint Status Report of the Parties) by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION. (Gelblum, Yonatan) (Entered: 11/07/2014)
2014-11-10MINUTE ORDER. In light of 42 the parties' joint status report, it is ORDERED that the parties shall file a further joint status report proposing a schedule for further proceedings, if any, on or before December 17, 2014. Signed by Judge Amy Berman Jackson on 11/10/2014. (lcabj3) (Entered: 11/10/2014)
2014-11-12Set/Reset Deadlines: Joint Status Report due by 12/17/2014. (tb, ) (Entered: 11/12/2014)
2014-11-2643Unopposed MOTION Extend in Part the Date for a Response re 38 Memorandum & Opinion, Order on Motion for Miscellaneous Relief, 37 Order on Motion for Summary Judgment,,, by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Gelblum, Yonatan) (Entered: 11/26/2014)
2014-11-26MINUTE ORDER granting 43 Unopposed Motion to Extend in Part the Date for Response. It is ORDERED that by December 1, 2014, defendant shall issue a determination with respect to all records that it has completed processing by that date and found to be responsive, and if any such records are not exempt from disclosure, produce them as well. And it is FURTHER ORDERED that by December 15, 2014, defendant shall issue a determination with respect to all remaining potentially responsive records, and if any such records are responsive and not exempt from disclosure, produce them as well. Signed by Judge Amy Berman Jackson on 11/26/2014. (lcabj3) (Entered: 11/26/2014)
2014-12-01Set/Reset Deadlines: Defendant shall issue a determination with respect to all records that it has completed processing and found to be responsive, and if any such records are not exempt from disclosure, produce them as well by 12/1/2014. Defendant shall issue a determination with respect to all remaining potentially responsive records, and if any such records are responsive and not exempt from disclosure, produce them as well by 12/15/2014. (jth) (Entered: 12/01/2014)
2014-12-0544STATUS REPORT Joint by CAUSE OF ACTION. (Khetan, Prashant) (Entered: 12/05/2014)
2014-12-10MINUTE ORDER. In light of the parties' 44 joint status report, it is ORDERED that defendant's motion for summary judgment is due on or before January 30, 2015. It is FURTHER ORDERED that plaintiff's opposition, combined, if necessary, with any cross-motion for summary judgment, is due on or before February 24, 2015. It is FURTHER ORDERED that defendant's reply, combined, if necessary, with any cross-opposition, is due on or before March 13, 2015. And it is FURTHER ORDERED that plaintiff's cross-reply, if any, is due on or before April 1, 2015. Signed by Judge Amy Berman Jackson on 12/10/2014. (lcabj3) (Entered: 12/10/2014)
2014-12-10Set/Reset Deadlines: Defendant's Motion for Summary Judgment is due by 1/30/2015; Plaintiff's Opposition combined with any Cross-Motion for Summary Judgment is due by 2/24/2015; Defendant's Reply combined with any Cross-Opposition is due by 3/13/2015. Plaintiff's Cross-Reply, if any, is due by 4/1/2015. (jth) (Entered: 12/10/2014)
2015-01-2845NOTICE of Appearance by Stephanie Ann Sasarak on behalf of TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION (Sasarak, Stephanie) (Entered: 01/28/2015)
2015-01-3046MOTION for Summary Judgment by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Declaration, # 5 Text of Proposed Order)(Sasarak, Stephanie) (Entered: 01/30/2015)
2015-02-0547NOTICE OF WITHDRAWAL OF APPEARANCE as to CAUSE OF ACTION. Attorney Allan Blutstein terminated. (Blutstein, Allan) (Entered: 02/05/2015)
2015-02-2448Cross MOTION for Summary Judgment by CAUSE OF ACTION (Attachments: # 1 Memorandum in Support and Authorities in Opposition to Defendant's Motion for Summary Judgment and in support of Plaintiff's Cross-Motion for Summary Judgment, # 2 Statement of Facts in support of Cross-Motion for Summary Judgment with Exhibits # 1-14, # 3 Statement of Facts in response to Defendant's Statement of Undisputed Material Facts, # 4 Text of Proposed Order)(Epstein, Daniel) (Entered: 02/24/2015)
2015-02-2449Memorandum in opposition to re 46 MOTION for Summary Judgment filed by CAUSE OF ACTION. (Epstein, Daniel) (Entered: 02/24/2015)
2015-03-1350REPLY to opposition to motion re 48 Cross MOTION for Summary Judgment filed by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION. (Attachments: # 1 Declaration Second Miller Declaration, # 2 Defendant's Response to Plaintiff's Statement of Undisputed Material Facts)(Sasarak, Stephanie) (Entered: 03/13/2015)
2015-03-1351Memorandum in opposition to re 48 Cross MOTION for Summary Judgment filed by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION. (Sasarak, Stephanie) (Entered: 03/13/2015)
2015-03-1352MOTION for Leave to File Documents for the Court's In Camera Review by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION (Sasarak, Stephanie) (Entered: 03/13/2015)
2015-03-16MINUTE ORDER that defendant shall notify the Court of its compliance with Local Civil Rule 7(m) with respect to its Motion for Leave to Submit Documents for the Court's In Camera Review 52 on or before March 18, 2015. Signed by Judge Amy Berman Jackson on 3/16/2015. (lcabj3) (Entered: 03/16/2015)
2015-03-16Set/Reset Deadlines: Defendant's to notify the Court of its compliance with Local Civil Rule 7(m) with respect to its Motion for Leave to Submit Documents for the Court's In Camera Review [Dkt. #52] by 3/18/2015. (jth) (Entered: 03/16/2015)
2015-03-1753NOTICE of Compliance by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION re Order, (Sasarak, Stephanie) (Entered: 03/17/2015)
2015-03-23MINUTE ORDER granting 52 Motion for Leave to Submit Documents for the Court's In Camera Review. Defendant shall deliver the documents to chambers on or before April 3, 2015. Signed by Judge Amy Berman Jackson on 3/23/2015. (lcabj3) (Entered: 03/23/2015)
2015-03-23Set/Reset Deadlines: Defendant shall deliver the documents to chambers, for the Court's In Camera Review, by 4/3/2015. (jth) (Entered: 03/23/2015)
2015-03-24MINUTE ORDER. "The receipt of in camera affidavits... when necessary, [is] 'part of a trial judge's procedural arsenal.'" Arieff v. U.S. Dep't of Navy, 712 F.2d 1462, 1469 (D.C. Cir. 1982), quoting United States v. Southland, 700 F.2d 1, 11 (1st Cir. 1983). The Court anticipates that plaintiff will file an objection to defendant's motion for leave to file in camera materials 52 , but it intends to rule on the question of whether withholding the pleading from plaintiff, in full or in part, is justified after it has received and reviewed what it is that the defendant seeks to file. See Lykins v. U.S. Dep't of Justice, 725 F.2d 1455, 1465 (D.C. Cir. 1984) (stating that a court considering litigation materials filed in camera "should be certain to make the public record as complete as possible"). Signed by Judge Amy Berman Jackson on 3/24/2015. (lcabj3) (Entered: 03/24/2015)
2015-03-2754RESPONSE re 52 MOTION for Leave to File Documents for the Court's In Camera Review PLAINTIFFS OPPOSITION AND OBJECTION filed by CAUSE OF ACTION. (Epstein, Daniel) (Entered: 03/27/2015)
2015-04-0155REPLY to opposition to motion re 48 Cross MOTION for Summary Judgment filed by CAUSE OF ACTION. (Attachments: # 1 Exhibit #1-2)(Epstein, Daniel) (Entered: 04/01/2015)
2015-04-02MINUTE ORDER. The United States District Court for the District of Columbia will be in recess on April 3, 2015. Therefore, it is ORDERED that the documents ordered for in camera review in the Minute Order dated March 23, 2015, shall be delivered to chambers on April 7, 2015, instead. Signed by Judge Amy Berman Jackson on 4/2/2015. (lcabj3) (Entered: 04/02/2015)
2015-04-03Set/Reset Deadlines: Defendant shall deliver the documents to chambers, for the Court's In Camera Review, by 4/7/2015. (jth) (Entered: 04/03/2015)
2015-04-0856NOTICE of Compliance by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION (Sasarak, Stephanie) (Entered: 04/08/2015)
2015-07-2857ORDER directing defendant to publicly file a notice, with a declaration attached, on or before August 4, 2015, stating whether any of the 2,509 pages of records are responsive to the only request at issue in this case. SEE ORDER FOR DETAILS. Signed by Judge Amy Berman Jackson on 7/28/2015. (lcabj3) (Entered: 07/28/2015)
2015-07-29Set/Reset Deadlines: Defendant's publicly filed Notice, with an attached Declaration, is due by 8/4/2015. (jth) (Entered: 07/29/2015)
2015-07-3058NOTICE by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION re 57 Order, (Attachments: # 1 Declaration)(Sasarak, Stephanie) (Entered: 07/30/2015)
2015-08-0359RESPONSE re 58 Notice (Other) to Defendant's Notice filed by CAUSE OF ACTION. (Epstein, Daniel) (Entered: 08/03/2015)
2015-08-2060NOTICE OF WITHDRAWAL OF APPEARANCE as to CAUSE OF ACTION. Attorney Prashant Kumar Khetan terminated. (Khetan, Prashant) (Entered: 08/20/2015)
2015-09-0961NOTICE of Appearance by Aram A. Gavoor on behalf of CAUSE OF ACTION (Gavoor, Aram) (Entered: 09/09/2015)
2015-09-1662ORDER. Pursuant to Federal Rules of Civil Procedure 56 and 58, and for the reasons stated in the accompanying Memorandum Opinion, it is ORDERED that defendant's Motion for Summary Judgment 46 is GRANTED, and that plaintiff's Cross-Motion for Summary Judgment 48 is DENIED. See Order for details. Signed by Judge Amy Berman Jackson on 9/16/2015. (lcabj3) (Entered: 09/16/2015)
2015-09-1663MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 9/16/2015. (lcabj3) (Entered: 09/16/2015)
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by FOIA Project Staff
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