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Case TitleGOLDSTEIN v. TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv02189
Date Filed2014-12-23
Date Closed2017-09-29
JudgeJudge Amit P. Mehta
PlaintiffRICHARD GOLDSTEIN
Case DescriptionRichard Goldstein submitted a FOIA request to the Treasury Inspector General for Tax Administration for records about his status as heir to his father's estate, including records pertaining to an investigation of alleged tax fraud on the part of the attorneys who set up the estate. The agency ultimately provided Goldstein with 4,028 pages, withholding 1,700 pages under Exemption 3 (other statutes). The agency also invoked Exemption 5 (privileges) and Exemption 7(D) (confidential sources). Further, TIGTA indicated that it would neither confirm nor deny the existence of records on third parties. Goldstein appealed the decision, which was upheld. Goldstein the filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantTREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
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
Opinion/Order [35]
FOIA Project Annotation: Judge Amit Mehta has ruled that the Treasury Inspector General for Tax Administration properly withheld personally-identifying information under Exemption 6 (invasion of privacy) about third parties mentioned in records concerning the IG's investigation of several IRS staffers who dealt with Richard Goldstein's attorney David Capes in relation to Goldstein's allegations that his sister and her attorney had evaded taxes on capital gains from their father's estate and trust, but that they since the records did not qualify as law enforcement records, the agency could not use Exemption 7(C) (invasion of privacy concerning law enforcement records). Mehta also found that the agency had not shown that it had conducted a sufficient segregability analysis of the IG's records. Goldstein's suit against the IRS had included a request for records concerning Capes' interactions with the IRS, but the present suit stemmed from a request by Goldstein's current attorney, Scott Tufts, for records concerning the TIGTA's investigation regarding two IRS employees who met with Capes. The agency initially issued a Glomar response neither confirming nor denying the existence of records, but subsequently withdrew its Glomar response after determining that a TIGTA agent had told Tufts of the existence of the investigation. The agency, however, claimed that all 457 pages were exempt under Exemptions 6 and 7(C). Mehta rejected the agency's Exemption 7(C) claim, noting that "TIGTA has not offered any concrete evidence that would allow the court to conclude that the investigation and the responsive material it generated pertained to its law enforcement function, as opposed to its functions of investigating 'administrative misconduct.'" Having concluded that Exemption 7(C) was inapplicable, Mehta decided that Exemption 6 nevertheless protected the records. He dismissed Goldstein's claim that his whistleblower status enhanced his ability to obtain the records. He noted that "to the extent that Plaintiff argues that his mere status as a whistleblower entitles him to the responsive records, irrespective of the Exemption 6 balancing, Plaintiff has cited no legal authority for that proposition." Mehta found that Goldstein had not shown a public interest that would outweigh the individuals' privacy interest. He pointed out that "to be certain, the inconsistencies that Plaintiff discovered raise legitimate questions about the extent of Capes' interactions with the IRS and seemingly led TIGTA to conduct an investigation. But those facts alone would not cause a reasonable person to have more than a suspicion of impropriety by the government." Mehta indicated that the agency's segregability analysis was insufficient. He observed that "it largely parrots the elements of Exemption 6 and states without 'detailed justification,' but rather in 'conclusory' fashion, that no responsive documents are segregable. That may be so, but the court needs more information before it is satisfied that the agency has carried out its duty." Goldstein argued that he was entitled to access under the Privacy Act because the records pertained to his role as a whistleblower. Mehta pointed out that "it may be true that TIGTA's investigation of those employees arose out of Capes' contacts with the IRS and therefore the responsive documents likely in some way reference Plaintiff's counsel and his activities. But, even if Plaintiff's counsel's actions could be imputed to him, that fact alone does not make those records 'about' Plaintiff or prove that they 'pertain' to him."
Issues: Exemption 6 - Invasion of privacy, Exemption 7 - Law enforcement records, Litigation - Segregability analysis
Opinion/Order [75]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-12-231COMPLAINT against TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION ( Filing fee $ 400 receipt number 0090-3945071) filed by RICHARD GOLDSTEIN. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5 Part A, # 6 Exhibit 5 Part B, # 7 Exhibit 6, # 8 Civil Cover Sheet, # 9 Summons)(Katzen, Adam) (Entered: 12/23/2014)
2014-12-232MOTION for Leave to Appear Pro Hac Vice :Attorney Name- T. Scott Tufts, :Firm- Tufts Law Firm, PLLC, :Address- 111 South Maitland Avenue, Suite 101, Maitland, FL 32751. Phone No. - 407-647-8886. Fax No. - 407-641-8082 Filing fee $ 100, receipt number 0090-3945091. Fee Status: Fee Paid. by RICHARD GOLDSTEIN (Katzen, Adam) (Entered: 12/23/2014)
2014-12-23Case Assigned to Judge Gladys Kessler. (sth, ) (Entered: 12/29/2014)
2014-12-293SUMMONS (3) Issued Electronically as to TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons)(sth, ) (Entered: 12/29/2014)
2014-12-304NOTICE OF RELATED CASE by RICHARD GOLDSTEIN. Case related to Case No. 1:14-cv-02186-GK. (Katzen, Adam) (Entered: 12/30/2014)
2015-01-05Case randomly reassigned to Judge Amit P. Mehta. Judge Gladys Kessler no longer assigned to the case. (ztnr, ) (Entered: 01/05/2015)
2015-01-215RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/12/2015. Answer due for ALL FEDERAL DEFENDANTS by 2/11/2015. (Attachments: # 1 Declaration US Attorney District of Columbia)(Katzen, Adam) (Entered: 01/21/2015)
2015-01-216RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/12/15. (Attachments: # 1 Declaration US Attorney General)(Katzen, Adam) (Entered: 01/21/2015)
2015-01-217RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION served on 1/9/2015 (Attachments: # 1 Declaration TIGTA)(Katzen, Adam) (Entered: 01/21/2015)
2015-02-06MINUTE ORDER granting 2 Motion for Leave to Appear Pro Hac Vice. Attorney Thomas Scott Tufts is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff. Signed by Judge Amit P. Mehta on 02/06/2015. (lcapm2) (Entered: 02/06/2015)
2015-02-118ANSWER to Complaint by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION.(Bondada, Kavitha) (Entered: 02/11/2015)
2015-02-179ORDER. Both a complaint and an answer are now before the Court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before February 27, 2015. Please see the attached Order for additional details. Signed by Amit P. Mehta on 02/17/2015. (lcapm2) (Entered: 02/17/2015)
2015-02-17Set/Reset Deadlines/Hearings: Joint Status Report due by 2/27/2015. (cdw) (Entered: 02/18/2015)
2015-02-2010ORDER TO SHOW CAUSE why this matter should not be consolidated with related matter 1:14-cv-02186-APM. The parties shall show cause in writing, either separately or jointly, on or before March 6, 2015. Please see the attached Order for additional details. Signed by Judge Amit P. Mehta on 02/20/2015. (lcapm2) (Entered: 02/20/2015)
2015-02-20Set/Reset Deadlines/Hearings: Parties response to Show Cause Order due by 3/6/2015. (cdw) (Entered: 02/23/2015)
2015-02-2711STATUS REPORT JOINT by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION. (Bondada, Kavitha) (Entered: 02/27/2015)
2015-03-0412AMENDED COMPLAINT against TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION filed by RICHARD GOLDSTEIN. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Tufts, T.) (Entered: 03/04/2015)
2015-03-0513MOTION for Extension of Time to Respond to Show Cause Order by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Bondada, Kavitha) (Entered: 03/05/2015)
2015-03-06MINUTE ORDER granting 13 Defendant Treasury Inspector General for Tax Administration's Motion for Extension of Time to Respond to 10 Order to Show Cause. Defendant Treasury Inspector General for Tax Administration shall show cause in writing on or before March 12, 2015. The court reminds Defendant that Local Rule 7(m) requires counsel to confer with opposing counsel before filing any nondispositive motion in a civil action, and further requires a party to include in its nondispositive motion a statement that the required discussion occurred, and a statement as to whether the motion is opposed. Signed by Judge Amit P. Mehta on 03/06/2015. (lcapm2) (Entered: 03/06/2015)
2015-03-0614RESPONSE TO ORDER TO SHOW CAUSE by RICHARD GOLDSTEIN re 10 Order, Plaintiff's Position Regarding Consolidation . (Tufts, T.) (Entered: 03/06/2015)
2015-03-1215RESPONSE TO ORDER TO SHOW CAUSE by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION . (Bondada, Kavitha) (Entered: 03/12/2015)
2015-03-17After considering 14 15 the parties' submissions to the court in response to 10 Order to Show Cause, the court will not consolidate this case with Case 1:14-cv-02186-APM. The parties are directed to continue to file all documents in Case 1:14-cv-02189-APM on this docket. Singed by Judge Amit P. Mehta on 03/17/2015. (lcapm2) (Entered: 03/17/2015)
2015-03-1816Amended ANSWER to 12 Amended Complaint, by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION. Related document: 12 Amended Complaint, filed by RICHARD GOLDSTEIN.(Bondada, Kavitha) (Entered: 03/18/2015)
2015-03-2617ORDER setting the following schedule for further proceedings: Defendant's Motion for Summary Judgment is due on or before May 1, 2015; Plaintiff's Opposition to Defendants Motion for Summary Judgment, and any Cross-Motion for Summary Judgment, is due on or before May 15, 2015; Defendant's Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment, and Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment, if any, is due on or before May 29, 2015; Plaintiff's Reply to Defendants Opposition to Plaintiff's Cross-Motion for Summary Judgment, if any, is due on or before June 5, 2015. Plaintiff's requests for discovery and a Vaughn Index are denied without prejudice. Please see the attached Order for additional details. Signed by Judge Amit P. Mehta on 03/26/2015. (lcapm2) (Entered: 03/26/2015)
2015-03-26Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 5/1/2015. Response to Motion for Summary Judgment due by 5/15/2015. Reply to Motion for Summary Judgment due by 5/29/2015. Plaintiff's Cross Motion due by 5/15/2015. Response to Cross Motion due by 5/29/2015. Reply to Cross Motion due by 6/5/2015. (cdw) (Entered: 03/30/2015)
2015-05-0118MOTION for Leave to File \ Submit Documents In Camera by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION (Attachments: # 1 Proposed Order)(Bondada, Kavitha) (Entered: 05/01/2015)
2015-05-0119MOTION for Summary Judgment by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION (Attachments: # 1 Memorandum in Support, # 2 Statement of Undisputed Material Facts, # 3 Declaration of Darlene R. Fulton, # 4 Fulton Exhibit A, # 5 Fulton Exhibit B, # 6 Fulton Exhibit C, # 7 Fulton Exhibit D, # 8 Declaration of Elissa Sissman, # 9 Sissman Exhibit A, # 10 Sissman Exhibit B, # 11 Sissman Exhibit C, # 12 Sissman Exhibit D, # 13 Text of Proposed Order)(Bondada, Kavitha) (Entered: 05/01/2015)
2015-05-06MINUTE ORDER: The court directs Defendant to file via ECF on or before May 8, 2015, a notice clarifying whether it seeks in camera and ex parte treatment of the two documents discussed in its 18 Motion for Leave to Submit Documents In Camera, or solely in camera treatment. It is unclear to the court whether Defendant seeks to file the two documents under seal only or seeks to provide them to the court ex parte, as well. Signed by Judge Amit P. Mehta on 05/06/2015. (lcapm2) (Entered: 05/06/2015)
2015-05-06Set/Reset Deadlines/Hearings: Defendant's clarifying notice due by 5/8/2015. (cdw) (Entered: 05/06/2015)
2015-05-0820NOTICE by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION re Order, (Bondada, Kavitha) (Entered: 05/08/2015)
2015-05-1221Consent MOTION to Amend/Correct 17 Order by RICHARD GOLDSTEIN (Attachments: # 1 Text of Proposed Order Proposed Order)(Tufts, T.) (Entered: 05/12/2015)
2015-05-12MINUTE ORDER granting 21 Consent Motion to Amend Scheduling Order. Plaintiff's Opposition to Defendant's Motion for Summary Judgment, and any Cross-Motion for Summary Judgment, is due on or before June 15, 2015; Defendant's Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment, and Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment, if any, is due on or before June 29, 2015; Plaintiff's Reply to Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment, if any, is due on or before July 3, 2015. Signed by Judge Amit P. Mehta on 05/12/2015. (Entered: 05/12/2015)
2015-05-12Set/Reset Deadlines/Hearings: Plaintiff's Response to Defendant's Motion for Summary Judgment due by 6/15/2015. Reply to Defendant's Motion for Summary Judgment due by 6/29/2015. Plaintiff's Cross Motion due by 6/15/2015. Response to Cross Motion due by 6/29/2015. Reply to Cross Motion due by 7/3/2015. (cdw) (Entered: 05/14/2015)
2015-05-27MINUTE ORDER denying 18 Motion for Leave to Submit Documents In Camera. In its 20 Notice to the court, Defendant clarified that it "seeks both in camera review and ex parte treatment of the two documents discussed in its Motion for Leave to Submit Documents in Camera." Defendant has not, however, offered any justification for why the declaration and accompanying brief should receive ex parte treatment. The principal case on which it relies in 18 its Motion and the factors listed therein pertain to sealing all or part of a case's record, see Johnson v. Greater Southeast Cmty. Hosp. Corp., 951 F.2d 1268, 1277, n. 14 (D.C. Cir. 1991), not to ex parte review. Should Defendant have reason to submit the declaration and accompanying brief under seal, it may move to do so. Signed by Judge Amit P. Mehta on 05/27/2015. (lcapm2) (Entered: 05/27/2015)
2015-06-1022Consent MOTION to Amend/Correct 17 Order,,, by RICHARD GOLDSTEIN (Attachments: # 1 Text of Proposed Order)(Tufts, T.) (Entered: 06/10/2015)
2015-06-10MINUTE ORDER granting 22 Consent Motion to Amend Scheduling Order. Plaintiff's Opposition to Defendant's Motion for Summary Judgment, and any Cross-Motion for Summary Judgment, is due on or before June 22, 2015; Defendant's Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment, and Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment, if any, is due on or before July 6, 2015; Plaintiff's Reply to Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment, if any, is due on or before July 10, 2015. No further extensions shall be granted absent a showing of good cause. Good cause shall not include the press of other business. Signed by Judge Amit P. Mehta on 06/10/2015. (lcapm2) (Entered: 06/10/2015)
2015-06-2223Cross MOTION for Summary Judgment and Proposed Order by RICHARD GOLDSTEIN (Attachments: # 1 Text of Proposed Order)(Tufts, T.) (Entered: 06/22/2015)
2015-06-2224MOTION for Vaughn Index and Proposed Order by RICHARD GOLDSTEIN (Attachments: # 1 Exhibit A - Declaration of Sissman, # 2 Text of Proposed Order Order)(Tufts, T.) (Entered: 06/22/2015)
2015-06-2225NOTICE of Filing of Declaration of T. Scott Tufts, In Support of Plaintiff's Opposition to Defendant's Statement of Undisputed Material Facts, Plaintiff's Statement of Undisputed Material Facts and Plaintiff's Opposition to Defendant's Motion for Summary Judgment by RICHARD GOLDSTEIN re 23 Cross MOTION for Summary Judgment and Proposed Order (Attachments: # 1 Declaration T. Scott Tufts, # 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, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28)(Tufts, T.) (Entered: 06/22/2015)
2015-06-2226Memorandum in opposition to Defendant's 19 Motion for Summary Judgment and In Support of Plaintiff's Cross-Motion for summary Judgment filed by RICHARD GOLDSTEIN. (Attachments: # 1 Opposition to Material Facts, # 2 Statement of Facts)(Tufts, T.) Modified on 6/23/2015 (zrdj). (Entered: 06/23/2015)
2015-06-2327Memorandum in opposition to re 19 MOTION for Summary Judgment and Proposed Order filed by RICHARD GOLDSTEIN. (Attachments: # 1 Plaintiff's Opposition to Defendant's Statement of Undisputed Material Facts, # 2 Statement of Facts)(Tufts, T.) Modified on 6/24/2015 (zrdj). (Entered: 06/23/2015)
2015-07-0628MOTION for Leave to Submit Documents In Camera and Ex Parte by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Bondada, Kavitha) (Entered: 07/06/2015)
2015-07-0629RESPONSE re 24 MOTION for Vaughn Index and Proposed Order filed by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION. (Bondada, Kavitha) (Entered: 07/06/2015)
2015-07-0630Memorandum in opposition re 23 Cross MOTION for Summary Judgment and Proposed Order filed by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION. (Attachments: # 1 Response to Statement of Undisputed Material Facts)(Bondada, Kavitha) Modified event title on 7/7/2015 (znmw). (Entered: 07/06/2015)
2015-07-0631REPLY to opposition to motion re 19 MOTION for Summary Judgment filed by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION. (See Docket Entry 30 to view document). (znmw) (Entered: 07/07/2015)
2015-07-1032REPLY to opposiiton re 23 Cross MOTION for Summary Judgment filed by RICHARD GOLDSTEIN. (Tufts, T.) . Modified on 7/13/2015 to correct event/linkage (jf). (Entered: 07/10/2015)
2015-07-1133REPLY to opposition to motion re 24 MOTION for Vaughn Index and Proposed Order filed by RICHARD GOLDSTEIN. (Tufts, T.) (Entered: 07/11/2015)
2016-03-03MINUTE ORDER granting 28 Defendant's Motion for Leave to Submit Documents In Camera and Ex Parte. Defendant shall provide these documents to the court on or before March 14, 2016. Signed by Judge Amit P. Mehta on 03/03/2016. (lcapm3) (Entered: 03/03/2016)
2016-03-03Set/Reset Deadlines/Hearings: Defendant's In Camera and Ex Parte documents due by 3/14/2016. (zcdw) (Entered: 03/07/2016)
2016-03-1434NOTICE of Compliance by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION (Bondada, Kavitha) (Entered: 03/14/2016)
2016-03-2535MEMORANDUM OPINION AND ORDER re: 19 Defendant's Motion for Summary Judgment, 23 Plaintiff's Cross-Motion for Summary Judgment, and 24 Plaintiff's Motion for Vaughn Index. Signed by Judge Amit P. Mehta on 03/25/2016. (lcapm3) (Entered: 03/25/2016)
2016-03-25Set/Reset Deadlines/Hearings: TIGTA's Status Report due by 4/25/2016. (cdw) (Entered: 03/25/2016)
2016-04-2136Consent MOTION for Extension of Time to File by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION (Bondada, Kavitha) (Entered: 04/21/2016)
2016-04-25MINUTE ORDER granting 36 Consent Motion for Extension of Time. Defendant's Status Report is now due on May 25, 2016. Signed by Judge Amit P. Mehta on 04/25/2016. (lcapm3) (Entered: 04/25/2016)
2016-04-26Set/Reset Deadlines: Defendant's Status Report due by 5/25/2016. (zmm) (Entered: 04/26/2016)
2016-05-2537STATUS REPORT by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION. (Bondada, Kavitha) (Entered: 05/25/2016)
2016-06-1038MOTION for Leave to Submit Documents In Camera and Ex Parte by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Bondada, Kavitha) (Entered: 06/10/2016)
2016-06-1039Second MOTION for Summary Judgment by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION (Attachments: # 1 Declaration Timothy P. Camus, # 2 Text of Proposed Order)(Bondada, Kavitha) (Entered: 06/10/2016)
2016-06-2240MOTION for Extension of Time to File Response/Reply as to 39 Second MOTION for Summary Judgment , 38 MOTION for Leave to Submit Documents In Camera and Ex Parte by RICHARD GOLDSTEIN (Attachments: # 1 Text of Proposed Order)(Tufts, T.) (Entered: 06/22/2016)
2016-06-23MINUTE ORDER granting 40 Plaintiff's Motion for Extension of Time to Respond to TIGTA's Second Motion for Summary Judgment and Motion for Leave to Submit Documents In Camera and Ex Parte. Plaintiff's Response shall be due on or before July 18, 2016. Signed by Judge Amit P. Mehta on 06/23/2016. (lcapm3) (Entered: 06/23/2016)
2016-06-23Set/Reset Deadlines/Hearings: Plaintiff's response due by 7/18/2016. (cdw) (Entered: 06/23/2016)
2016-07-1141Second MOTION for Extension of Time to File Response/Reply as to 39 Second MOTION for Summary Judgment , 38 MOTION for Leave to Submit Documents In Camera and Ex Parte by RICHARD GOLDSTEIN (Attachments: # 1 Text of Proposed Order Proposed Order)(Tufts, T.) (Entered: 07/11/2016)
2016-07-12MINUTE ORDER granting 41 Motion for Additional Extension of Time to Respond to TIGTA's Second Motion for Summary Judgment and Motion for Leave to Submit Documents In Camera and Ex Parte. Plaintiff's Response to TIGTA's Second Motion for Summary Judgment and Motion for Leave to Submit Documents In Camera and Ex Parte shall be due on or before July 25, 2016. Signed by Judge Amit P. Mehta on 07/12/2016. (lcapm3) (Entered: 07/12/2016)
2016-07-12Set/Reset Deadlines/Hearings: Responses to TIGTA's Motion for Summary Judgment and Motion for Leave to Submit Documents In Camera and Ex Parte due by 7/25/2016. (cdw) (Entered: 07/13/2016)
2016-07-2542MOTION for Extension of Time to File Response/Reply to Second Motion for Summary Judgment by RICHARD GOLDSTEIN (Attachments: # 1 Supplement Declaration, # 2 Exhibit Exhibit A Part 1, # 3 Exhibit Exhibit A Part 2, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K)(Tufts, T.) (Entered: 07/25/2016)
2016-07-26MINUTE ORDER granting, nunc pro tunc to July 25, 2016, 42 Consent Motion for Third Extension of Time to File Response and Opposition to TIGTA's Second Motion for Summary Judgment and Motion for Leave to Submit Documents In Camera and Ex Parte. Plaintiff's Response to TIGTA's Second Motion for Summary Judgment and Motion for Leave to Submit Documents In Camera and Ex Parte shall be due on or before August 25, 2016. Signed by Judge Amit P. Mehta on 07/26/2016. (lcapm3) Modified on 7/27/2016 (cdw). (Entered: 07/26/2016)
2016-08-2443Consent MOTION to Stay by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION (Bondada, Kavitha) (Entered: 08/24/2016)
2016-08-25MINUTE ORDER granting in part and denying in part 43 Consent Motion for Stay of all Proceedings. This matter is stayed for 60 days until October 24, 2016, rather than the 90 days requested by the parties. The parties shall submit a Status Report on or before October 24, 2016, updating the court on the status of settlement negotiations. Signed by Judge Amit P. Mehta on 08/25/2016. (lcapm3) (Entered: 08/25/2016)
2016-08-25Case Stayed. Set/Reset Deadlines/Hearings: Status Report due by 10/24/2016. (cdw) (Entered: 09/02/2016)
2016-10-2444Joint STATUS REPORT by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION. (Bondada, Kavitha) (Entered: 10/24/2016)
2016-10-26MINUTE ORDER setting a status hearing for November 3, 2016, at 10:00 a.m., in Courtroom 10. In the event counsel or a party is unable to appear on the scheduled date and time due to an unresolvable scheduling conflict, counsel shall meet and confer and provide, via email, two alternative dates and times to the Courtroom Deputy Clerk, Ms. Chashawn White (Chashawn_White@dcd.uscourts.gov), who shall reset the status hearing and provide notice to the parties. Signed by Judge Amit P. Mehta on 10/26/2016. (lcapm3) (Entered: 10/26/2016)
2016-10-26Set/Reset Deadlines/Hearings: Status Conference set for 11/3/2016 at 10:00 AM in Courtroom 10 before Judge Amit P. Mehta. (cdw) (Entered: 10/26/2016)
2016-11-03Minute Entry for proceedings held before Judge Amit P. Mehta: Status Conference held on 11/3/2016. (Court Reporter: William Zaremba) (cdw) (Entered: 11/03/2016)
2016-11-03MINUTE ORDER: In light of the Status Conference held on November 3, 2016, the parties shall meet and confer and file a Joint Status Report on or before November 16, 2016, informing the court of the remaining issues in this matter and how the parties wish to proceed. Signed by Judge Amit P. Mehta on 11/03/2016. (lcapm1) (Entered: 11/03/2016)
2016-11-03Set/Reset Deadlines/Hearings: Joint Status Report due by 11/16/2016. (cdw) (Entered: 11/04/2016)
2016-11-1645STATUS REPORT by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION. (Bondada, Kavitha) (Entered: 11/16/2016)
2016-11-1646MOTION for Extension of Time to File Joint Status Report by RICHARD GOLDSTEIN (Tufts, T.) (Entered: 11/16/2016)
2016-11-1747Amended MOTION for Extension of Time to File Joint Status Report by RICHARD GOLDSTEIN (Attachments: # 1 Text of Proposed Order)(Tufts, T.) (Entered: 11/17/2016)
2016-11-18MINUTE ORDER granting Plaintiff's 47 Amended Motion for Extension of Time to File Joint Status Report. Plaintiff's 46 Motion for Extension of Time to File Joint Status Report is denied as moot. The parties shall submit a Joint Status Report on or before November 23, 2016. Signed by Judge Amit P. Mehta on 11/18/2016. (lcapm3) (Entered: 11/18/2016)
2016-11-18Set/Reset Deadlines/Hearings: Joint Status Report due by 11/23/2016. (cdw) (Entered: 11/21/2016)
2016-11-2248Joint STATUS REPORT by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION. (Bondada, Kavitha) (Entered: 11/22/2016)
2016-11-28MINUTE ORDER: In light of 48 the parties' Joint Status Report, the parties shall submit a subsequent Joint Status Report on or before December 19, 2016, advising the court of progress in this matter. Signed by Judge Amit P. Mehta on 11/28/2016. (lcapm3) (Entered: 11/28/2016)
2016-11-28Set/Reset Deadlines/Hearings: Joint Status Report due by 12/19/2016. (cdw) (Entered: 11/29/2016)
2016-12-1949Joint STATUS REPORT by RICHARD GOLDSTEIN. (Tufts, T.) (Entered: 12/19/2016)
2016-12-2050VACATED PURSUANT TO COURT'S ORDER OF 2/22/2017............ORDER: Having considered the parties' 49 Joint Status Report, the court sets the following schedule for further proceedings in this matter: Plaintiff's Opposition to Defendant's Second Motion for Summary Judgment, its Cross-Motion, and its Response to Defendant's Motion for Leave to Submit Documents In Camera shall be filed on or before February 2, 2017; Defendant's Reply and Opposition to Plaintiff's Cross-Motion shall be filed on or before February 23, 2017; and Plaintiff's Reply shall be filed on or before March 2, 2017. See attached Order for additional details. Signed by Judge Amit P. Mehta on 12/20/2016. (lcapm3) Modified on 2/23/2017 (zcdw). (Entered: 12/20/2016)
2016-12-20Set/Reset Deadlines/Hearings: Responses due by 2/2/2017 Plaintiff's Response to Motion for Summary Judgment due by 2/2/2017. Reply to Motion for Summary Judgment due by 2/23/2017. Plaintiff's Cross Motion due by 2/2/2017. Response to Cross Motion due by 2/23/2017. Reply to Cross Motion due by 3/2/2017. (cdw) (Entered: 12/21/2016)
2017-01-2951NOTICE of Change of Address by T. Scott Tufts (Tufts, T.) (Entered: 01/29/2017)
2017-02-0252WITHDRAWN PURSUANT TO MINUTE ORDER FILED 4/19/2017.....NOTICE of Filing of New Declaration of T. Scott Tufts, Esq. in Opposition of Motion for Summary Judgment by RICHARD GOLDSTEIN (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 5A, # 7 Exhibit 5B, # 8 Exhibit 5C, # 9 Exhibit 5D, # 10 Exhibit 5E, # 11 Exhibit 5F, # 12 Exhibit 5G, # 13 Exhibit 5H, # 14 Exhibit 5I, # 15 Exhibit 5J, # 16 Exhibit 5K, # 17 Exhibit 5L, # 18 Exhibit 5M, # 19 Exhibit 5N, # 20 Exhibit 5O, # 21 Exhibit 5P, # 22 Exhibit 5Q, # 23 Exhibit 5R, # 24 Exhibit 5S, # 25 Exhibit 5T, # 26 Exhibit 5U, # 27 Exhibit 5V, # 28 Exhibit 5W, # 29 Exhibit 5X, # 30 Exhibit 5Y, # 31 Exhibit 5Z, # 32 Exhibit 6)(Tufts, T.) Modified on 4/19/2017 (zrdj). (Entered: 02/02/2017)
2017-02-0253MOTION for Relief from Judgment under Rule 60(b) by RICHARD GOLDSTEIN (Attachments: # 1 Text of Proposed Order)(Tufts, T.) (Entered: 02/02/2017)
2017-02-0254RESPONSE re 38 MOTION for Leave to Submit Documents In Camera and Ex Parte filed by RICHARD GOLDSTEIN. (Tufts, T.) (Entered: 02/02/2017)
2017-02-0255Cross MOTION for Summary Judgment by RICHARD GOLDSTEIN (Attachments: # 1 Text of Proposed Order)(Tufts, T.) (Entered: 02/02/2017)
2017-02-0256RESPONSE re 39 Second MOTION for Summary Judgment and Statement of Undisputed Facts filed by RICHARD GOLDSTEIN. (Attachments: # 1 Statement of Facts)(Tufts, T.) (Entered: 02/02/2017)
2017-02-0257NOTICE of Statement of Undisputed Facts by RICHARD GOLDSTEIN re 55 Cross MOTION for Summary Judgment (Tufts, T.) (Entered: 02/02/2017)
2017-02-1658MOTION to Clarify Response Deadline or in the Alternative, Motion to Modify Scheduling Order by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Bondada, Kavitha) (Entered: 02/16/2017)
2017-02-16MINUTE ORDER. Upon consideration of 58 Defendant's Motion for Clarification, it is hereby ordered that Defendant's Response to 53 Plaintiff's Motion for Relief from Judgment is due on or before February 23, 2017. Signed by Judge Amit P. Mehta on 02/16/2017. (lcapm3) (Entered: 02/16/2017)
2017-02-16Set/Reset Deadlines/Hearings: Response to 53 due by 2/23/2017. (cdw) (Entered: 02/17/2017)
2017-02-2259Unopposed MOTION for Extension of Time to File Response/Reply (Unopposed Motion to Extend Deadlines in Scheduling Order) by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Bondada, Kavitha) (Entered: 02/22/2017)
2017-02-22MINUTE ORDER granting 59 Defendant's Unopposed Motion to Extend Deadlines in Scheduling Order. Defendant's Reply, Opposition to Plaintiff's Cross-Motion for Summary Judgment, and Response to Plaintiff's Motion for Relief from Judgment shall be due on or before February 28, 2017. Plaintiff's Reply shall be due on or before March 7, 2017. The court's December 20, 2016, Scheduling Order and February 16, 2017, Minute Order are hereby vacated. Signed by Judge Amit P. Mehta on 02/22/2017. (lcapm3) (Entered: 02/22/2017)
2017-02-22Set/Reset Deadlines/Hearings: Defendant's reply to Motion for Summary Judgment due by 2/28/2017. Response to Cross Motion due by 2/28/2017. Reply to Cross Motion due by 3/7/2017. Response to Motion for Relief from Judgment due by 2/28/2017. (cdw) (Entered: 02/23/2017)
2017-02-2860RESPONSE re 53 MOTION for Relief from Judgment under Rule 60(b) filed by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION. (Attachments: # 1 Exhibit Declaration of Timothy P. Camus)(Bondada, Kavitha) (Entered: 02/28/2017)
2017-02-2861MOTION for Leave to Submit Statement of Undisputed Material Facts by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION (Attachments: # 1 Statement of Undisputed Material Facts, # 2 Text of Proposed Order)(Bondada, Kavitha) (Entered: 02/28/2017)
2017-02-2862RESPONSE re 55 Cross MOTION for Summary Judgment and Reply to Response, Doc. No. 56 filed by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION. (Bondada, Kavitha) (Entered: 02/28/2017)
2017-02-2863ENTERED IN ERROR.....MOTION TIGTA'S Opposition to Plaintiff's Statement of Undisputed Material Facts re 57 Notice (Other), 56 Response to motion by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION (Bondada, Kavitha) Modified on 3/1/2017 (jf). (Entered: 02/28/2017)
2017-03-01NOTICE OF ERROR re 63 Motion for Miscellaneous Relief; emailed to kavitha.bondada@usdoj.gov, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. Please refile document (jf, ) (Entered: 03/01/2017)
2017-03-0164RESPONSE re 57 Notice (Other), 56 Response to motion Opposition to Plaintiff's Statement of Undisputed Material Facts filed by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION. (Bondada, Kavitha) (Entered: 03/01/2017)
2017-03-0265RESPONSE re 61 MOTION for Leave to Submit Statement of Undisputed Material Facts filed by RICHARD GOLDSTEIN. (Tufts, T.) (Entered: 03/02/2017)
2017-03-0666REPLY to opposition to motion re 55 Cross MOTION for Summary Judgment filed by RICHARD GOLDSTEIN. (Tufts, T.) (Entered: 03/06/2017)
2017-03-0667REPLY to opposition to motion re 53 MOTION for Relief from Judgment under Rule 60(b) filed by RICHARD GOLDSTEIN. (Tufts, T.) (Entered: 03/06/2017)
2017-03-0668MOTION Clarification of Response Deadline re 61 MOTION for Leave to Submit Statement of Undisputed Material Facts by RICHARD GOLDSTEIN (Tufts, T.) (Entered: 03/06/2017)
2017-04-1369MOTION to Withdraw 52 Notice (Other),,, and Replace with Redacted Document by RICHARD GOLDSTEIN (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A Part 1, # 3 Exhibit A Part 2, # 4 Exhibit A Part 3, # 5 Exhibit A Part 4, # 6 Exhibit A Part 5, # 7 Exhibit A Part 6, # 8 Exhibit A Part 7, # 9 Exhibit A Part 8, # 10 Exhibit A Part 9, # 11 Exhibit A Part 10, # 12 Exhibit A Part 11, # 13 Exhibit A Part 12, # 14 Exhibit A Part 13, # 15 Exhibit A Part 14, # 16 Exhibit A Part 15, # 17 Exhibit A Part 16, # 18 Exhibit A Part 17, # 19 Exhibit A Part 18, # 20 Exhibit A Part 19, # 21 Exhibit A Part 20, # 22 Exhibit A Part 21, # 23 Exhibit A Part 22, # 24 Exhibit A Part 23, # 25 Exhibit A Part 24, # 26 Exhibit A Part 25, # 27 Exhibit A Part 26, # 28 Exhibit A Part 27, # 29 Exhibit A Part 28, # 30 Exhibit A Part 29, # 31 Exhibit A Part 30, # 32 Exhibit A Part 31, # 33 Exhibit A Part 32, # 34 Exhibit A Part 33)(Tufts, T.) (Entered: 04/13/2017)
2017-04-1470NOTICE by RICHARD GOLDSTEIN re 69 MOTION to Withdraw 52 Notice (Other),,, and Replace with Redacted Document (Tufts, T.) (Entered: 04/14/2017)
2017-04-19MINUTE ORDER granting 69 Plaintiff's Motion to Withdraw 52 and Replace with Redacted Document. The attachments to Plaintiff's Motion, ECF No. 69, shall replace the documents in ECF No. 52. Signed by Judge Amit P. Mehta on 04/19/2017. (lcapm3) (Entered: 04/19/2017)
2017-04-1971NOTICE of redacted New Declaration of T. Scott Tufts by RICHARD GOLDSTEIN (See docket entry 69 exhibits to view documents) (zrdj) (Entered: 04/19/2017)
2017-07-2272MOTION (Request) to Take Judicial Notice REQUEST FOR JUDICIAL NOTICE by RICHARD GOLDSTEIN re 53 MOTION for Relief from Judgment under Rule 60(b) , 55 Cross MOTION for Summary Judgment (Attachments: # 1 Exhibit TIGTA Report of 7-13-17)(Tufts, T.) Modified event title on 7/24/2017 (znmw). (Entered: 07/22/2017)
2017-09-07MINUTE ORDER granting 38 Defendant's Motion for Leave to Submit Documents In Camera and Ex Parte. Defendant shall provide these documents to the court on or before September 12, 2017. Signed by Judge Amit P. Mehta on 09/07/2017. (lcapm2) (Entered: 09/07/2017)
2017-09-1273MOTION for Extension of Time to Submit Documents In Camera and Ex Parte by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Bondada, Kavitha) (Entered: 09/12/2017)
2017-09-12MINUTE ORDER granting 73 Defendant's Motion for Extension of Time. Defendant shall provide its in camera and ex parte submission to the court no later than September 13, 2017. Signed by Judge Amit P. Mehta on 09/12/2017. (lcapm2) (Entered: 09/12/2017)
2017-09-12Set/Reset Deadlines/Hearings: Defendant's In-Camera Submission due by 9/13/2017. (zcdw) (Entered: 09/13/2017)
2017-09-1374NOTICE of Compliance by TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION (Bondada, Kavitha) (Entered: 09/13/2017)
2017-09-2975MEMORANDUM OPINION re: 39 Defendant's Second Motion for Summary Judgment, 55 Plaintiff's Cross-Motion for Summary Judgment, and 53 Plaintiff's Motion for Relief from Judgment Under Rule 60(b). See the attached Memorandum Opinion for further details. Signed by Judge Amit P. Mehta 09/29/2017. (lcapm2) (Entered: 09/29/2017)
2017-09-2976ORDER granting 39 Defendant's Second Motion for Summary Judgment, and denying 55 Plaintiff's Cross-Motion for Summary Judgment and 53 Plaintiff's Motion for Relief from Judgment Under Rule 60(b). Signed by Judge Amit P. Mehta on 09/29/2017. (lcapm2) (Entered: 09/29/2017)
2017-09-29MINUTE ORDER denying as moot 61 Defendant's Motion for Leave to Submit Statement of Facts, 68 Plaintiff's Motion for Clarification of Response Deadline, and 72 Plaintiff's Motion to Take Judicial Notice. Signed by Judge Amit P. Mehta on 09/29/2017. (lcapm2) (Entered: 09/29/2017)
2017-09-2977SEALED MEMORANDUM OPINION. Signed by Judge Amit P. Mehta on 9/29/2017. (This document is SEALED and only available to authorized persons.) (zcdw) (Entered: 09/29/2017)
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