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Case TitleSmart-Tek Services, Inc. v. United States Internal Revenue Service
DistrictSouthern District of California
CitySan Diego
Case Number3:2015cv00449
Date Filed2015-02-27
Date ClosedOpen
JudgeJudge Barry Ted Moskowitz
PlaintiffSmart-Tek Services, Inc.
Case DescriptionSmart-Tek Services, which is owned and operated by Trucept, Inc., submitted a FOIA request to the IRS. The agency acknowledged receipt of the request, but after hearing nothing from the agency, Smart-Tek Services filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUnited States Internal Revenue Service
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [38]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-02-271COMPLAINT Against United States Internal Revenue Service (Filing fee $ 400 receipt number 0974-7847590.), filed by Smart-Tek Services, Inc.. (Attachments: # 1 Civil Cover Sheet) The new case number is 3:15-cv-00449-L-NLS. Judge M. James Lorenz and Magistrate Judge Nita L. Stormes are assigned to the case. (Shamoun, Ronson)(nbp)(jrd) (Entered: 02/27/2015)
2015-02-272Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (nbp)(jrd) (Entered: 02/27/2015)
2015-03-033SUMMONS RETURNED EXECUTED by Smart-Tek Services, Inc. re 1 Complaint, (Shamoun, Ronson) Modified to correct event on 3/4/2015 (sjt). (Entered: 03/03/2015)
2015-03-094SUMMONS Returned Executed by Smart-Tek Services, Inc.. United States Internal Revenue Service served. (Shamoun, Ronson) (sjt). (Entered: 03/09/2015)
2015-03-095SUMMONS Returned Executed by Smart-Tek Services, Inc.. United States Internal Revenue Service served. (Shamoun, Ronson) (sjt). (Entered: 03/09/2015)
2015-03-206NOTICE OF RELATED CASE(S) by Smart-Tek Services, Inc. of case(s) 15-cv-447-BTM-JMA; 15-cv-455-H-BGS; 15-cv-453-JLS-RBB; 15-cv-0452-H-NLS re 1 Complaint, . (Shamoun, Ronson) prepared proposed low number order on 3/23/2015 (rlu). (Entered: 03/20/2015)
2015-03-207NOTICE of Party With Financial Interest by Smart-Tek Services, Inc. re 1 Complaint, (Shamoun, Ronson) (rlu). (Entered: 03/20/2015)
2015-03-318MOTION for Extension of Time to File Answer or other Responsive Pleading by United States Internal Revenue Service. (Attachments: # 1 Supplement Proposed Order)(Josey, Stephen)Attorney Stephen Andrew Josey added to party United States Internal Revenue Service(pty:dft) (sjt). (Entered: 03/31/2015)
2015-04-019Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Accepting re 8 MOTION for Extension of Time to File Answer or other Responsive Pleading , from Defendant United States Internal Revenue Service. Non-compliance with local rule(s), ECF 2(h): Includes a proposed order or requires judges signature, Civ. L. Rule 5.1: Document text sub-14-point font. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge M. James Lorenz on 4/1/2015.(sjt) (Entered: 04/01/2015)
2015-04-0110ORDER Setting Briefing Schedule re 8 MOTION for Extension of Time to File Answer or other Responsive Pleading : Responses due by 4/2/2015 Replies due by 4/3/2015.. Signed by Judge M. James Lorenz on 4/1/2015.(sjt) (Entered: 04/01/2015)
2015-04-0111MOTION re 8 MOTION for Extension of Time to File Answer or other Responsive Pleading for entry of Stipulation by United States Internal Revenue Service. (Attachments: # 1 Supplement Stipulation)(Josey, Stephen) (sjt). (Entered: 04/01/2015)
2015-04-0312ORDER dismissing 8 Motion for Extension of Time to Answer as Moot ; granting 11 Motion for Extension of Time to Answer. The United States deadline to respond to the complaint is extended until May 4, 2015. Signed by Judge M. James Lorenz on 4/2/2015. (sjt) (Entered: 04/03/2015)
2015-05-0413ANSWER to 1 Complaint, by United States Internal Revenue Service.(Josey, Stephen) (sjt). (Entered: 05/04/2015)
2015-05-0514NOTICE AND ORDER for Telephonic Early Neutral Evaluation Conference. Telephonic Early Neutral Evaluation set for 6/4/2015 03:30 PM before Magistrate Judge Nita L. Stormes. Signed by Magistrate Judge Nita L. Stormes on 5/5/2015.(sjt) (Entered: 05/05/2015)
2015-05-1115ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Barry Ted Moskowitz and Magistrate Judge Jan M. Adler for all further proceedings. Judge M. James Lorenz, Magistrate Judge Nita L. Stormes no longer assigned to case. Pending hearings previously set before the original Judge(s) have been transferred to the newly assigned Judge(s). Create association to 3:15-cv-00447-BTM-JMA. The new case number is 15cv0449-BTM-JMA. Signed by Judge M. James Lorenz on 5/11/2015. Signed by Judge Barry Ted Moskowitz on 5/6/2015.(sjt) (Entered: 05/12/2015)
2015-05-1316NOTICE AND ORDER for Telephonic Early Neutral Evaluation will be held on 6/1/2015 at 9:30 AM before Magistrate Judge Jan M. Adler. Signed by Magistrate Judge Jan M. Adler on 5/13/2015.(rlu) (Entered: 05/13/2015)
2015-06-0117Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Early Neutral Evaluation Conference held on 6/1/2015. (Plaintiff Attorney Ronson Shamoun). (Defendant Attorney Stephen Josey). Case Management Conference set for 7/31/2015 09:30 AM before Magistrate Judge Jan M. Adler. Counsel shall call in for the conference using the same dial-in information previously provided. (no document attached) (cdc) (Entered: 06/01/2015)
2015-07-3118Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Case Management Conference held on 7/31/2015. (Plaintiff Attorney Ronson Shamoun). (Defendant Attorney Stephen Josey). Case Management Conference set for 9/15/2015 09:30 AM before Magistrate Judge Jan M. Adler. Counsel shall use the same call-in information previously provided. (no document attached) (cdc) (Entered: 07/31/2015)
2015-09-1519Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Case Management Conference held on 9/15/2015. (Plaintiff Attorney Ronson Shamoun). (Defendant Attorney Stephen Josey). Court to issue order. (no document attached) (cdc) (Entered: 09/15/2015)
2015-09-1520ORDER: The Court convened a Case Management Conference on 9/15/2015. (1) Setting Deadline to Complete Document Production and (2) Scheduling a telephonic Case Management Conference for 12/15/2015 at 9:30 AM before Magistrate Judge Jan M. Adler. Signed by Magistrate Judge Jan M. Adler on 9/15/2015.(rlu) (Entered: 09/15/2015)
2015-12-1521Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Case Management Conference held on 12/15/2015. (Plaintiff Attorney Ronson Shamoun). (Defendant Attorney Stephen Josey). Case Management Conference set for 1/27/2016 09:30 AM before Magistrate Judge Jan M. Adler. Counsel shall use the same call-in information previously provided. (no document attached) (cdc) (Entered: 12/15/2015)
2016-01-2722Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Case Management Conference held on 1/27/2016. (Plaintiff Attorney Ronson Shamoun). (Defendant Attorney Stephen Josey). Case Management Conference set for 3/2/2016 09:30 AM before Magistrate Judge Jan M. Adler. Counsel shall use the same call-in information previously provided. (no document attached) (cdc) (Entered: 01/27/2016)
2016-03-0223Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Case Management Conference held on 3/2/2016. (Plaintiff Attorney Ronson Shamoun). (Defendant Attorney Stephen Josey). Court to issue order. (no document attached) (cdc) (Entered: 03/02/2016)
2016-03-0224ORDER: (1) Setting Filing Deadline for Motions for Summary Judgment and (2) Scheduling Case Management Conference. Motions for summary judgment must be filed on or before 9/12/2016. A telephonic Case Management Conference will be held on 5/19/2016 at 9:30 AM before Magistrate Judge Jan M. Adler. Signed by Magistrate Judge Jan M. Adler on 3/2/2016.(rlu) (Entered: 03/02/2016)
2016-05-1925Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Case Management Conference held on 5/19/2016. (Plaintiff Attorneys Ronson Shamoun, Allison Soares, Brad Paladini). (Defendant Attorney Stephen Josey). (no document attached) (cdc) (Entered: 05/19/2016)
2016-08-2426Joint MOTION for Extension of Time to File Motion for Summary Judgment by United States Internal Revenue Service. (Josey, Stephen) (rlu). (Entered: 08/24/2016)
2016-08-2627ORDER granting 26 Motion for Extension of Time to File. The deadline to file motions for summary judgment is continued from 9/12/2016 to 10/7/2016. Signed by Magistrate Judge Jan M. Adler on 8/26/2016. (no document attached) (cdc) (Entered: 08/26/2016)
2016-10-0728MOTION for Summary Judgment by United States Internal Revenue Service. (Attachments: # 1 Notice of Motion, # 2 Memo of Points and Authorities, # 3 Declaration of Thomas Andrew Durrett, # 4 Declaration of Delphine Thomas)(Josey, Stephen) (acc). (Entered: 10/07/2016)
2016-10-0729DECLARATION re 28 MOTION for Summary Judgment of Delphine Thomas by Defendant United States Internal Revenue Service. (Josey, Stephen) (acc). (Entered: 10/07/2016)
2016-10-0730MOTION to Seal a Previously Filed Document by United States Internal Revenue Service. (Josey, Stephen)(acc). (Entered: 10/07/2016)
2016-10-0731ORDER granting 30 Motion to Seal Previously Filed Document. Signed by Judge Barry Ted Moskowitz on 10/7/2016. (kcm) (Entered: 10/07/2016)
2016-10-2832NOTICE of Association of Counsel by Smart-Tek Services, Inc. (Semerdjian, Dick)Attorney Dick A Semerdjian added to party Smart-Tek Services, Inc.(pty:pla) (rlu). (Entered: 10/28/2016)
2016-10-2833RESPONSE in Opposition re 28 MOTION for Summary Judgment filed by Smart-Tek Services, Inc.. (Attachments: # 1 Declaration Declaration of Bonar in Support of Opposition)(Semerdjian, Dick) (rlu). (Entered: 10/28/2016)
2016-11-2334NOTICE of Appearance and Substitution of Counsel by Ryan O. McMonagle on behalf of United States Internal Revenue Service (McMonagle, Ryan)Attorney Ryan O. McMonagle added to party United States Internal Revenue Service(pty:dft) qc email re lacking pos on 11/28/2016 (rlu). (Entered: 11/23/2016)
2016-11-2935CERTIFICATE OF SERVICE by United States Internal Revenue Service re 34 Notice of Appearance, (McMonagle, Ryan) (rlu). (Entered: 11/29/2016)
2017-01-1336REPLY to Response to Motion re 28 MOTION for Summary Judgment filed by United States Internal Revenue Service. (McMonagle, Ryan) (Entered: 01/13/2017)
2017-01-2037MINUTE ORDER, Motions Submitted 28 MOTION for Summary Judgment (no document attached) (rfm) (Entered: 01/20/2017)
2017-07-0538ORDER Denying Defendant's 28 Motion for Summary Judgment without prejudice. Signed by Judge Barry Ted Moskowitz on 7/5/2017. (rlu) (Entered: 07/05/2017)
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by FOIA Project Staff