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Case TitleSmart-Tek Automated Services Inc. v. United States Internal Revenue Service
DistrictSouthern District of California
CitySan Diego
Case Number3:2015cv00453
Date Filed2015-02-27
Date ClosedOpen
JudgeJudge Barry Ted Moskowitz
PlaintiffSmart-Tek Automated Services Inc.
Case DescriptionSmart-Tek Automated Services, Inc. submitted a FOIA request to the IRS. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Smart-Tek Automated 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 [36]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-02-271COMPLAINT Against United States Internal Revenue Service (Filing fee $ 400 receipt number 0974-7848077.), filed by Smart-Tek Automated Services Inc. (Attachments: # 1 Civil Cover Sheet) The new case number is 3:15-cv-00453-JLS-RBB. Judge Janis L. Sammartino and Magistrate Judge Ruben B. Brooks 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 (filed as CERTIFICATE OF SERVICE) by Smart-Tek Automated Services Inc. re 1 Complaint, (Shamoun, Ronson) Modified text, qc mailer sent on 3/3/2015 (jao). (Entered: 03/03/2015)
2015-03-094SUMMONS Returned Executed by Smart-Tek Automated Services Inc.. United States Internal Revenue Service served. (Shamoun, Ronson) (jao). (Entered: 03/09/2015)
2015-03-095SUMMONS Returned Executed by Smart-Tek Automated Services Inc.. United States Internal Revenue Service served. (Shamoun, Ronson) (jao). (Entered: 03/09/2015)
2015-03-206NOTICE OF RELATED CASE(S) by Smart-Tek Automated Services Inc. of case(s) 15-cv-447-BTM-JMA; 15-cv-455-H-BGS; 15-cv-0452-H-NLS; 15-cv-449-L-NLS re 1 Complaint, . (Shamoun, Ronson) Proposed low number order prepared on 3/23/2015 (jao). (Entered: 03/20/2015)
2015-03-207NOTICE of Party With Financial Interest by Smart-Tek Automated Services Inc. re 1 Complaint, (Shamoun, Ronson) (jao). (Entered: 03/20/2015)
2015-03-308ORDER 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 Janis L. Sammartino, Magistrate Judge Ruben B. Brooks no longer assigned to case. Create association to 3:15-cv-00447-BTM-JMA. The new case number is 15cv0453-BTM(JMA). Signed by Judge Barry Ted Moskowitz on 3/25/2015. Signed by Judge Janis L. Sammartino on 3/27/2015. (jao) (Entered: 03/30/2015)
2015-03-319MOTION 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) qc email re proposed order on 4/1/2015 (rlu). (Entered: 03/31/2015)
2015-04-0110MOTION re 9 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) qc email re proposed order on 4/2/2015 (rlu). (Entered: 04/01/2015)
2015-04-0311Stipulation Regarding Date for Answer. The parties stipulate that the United States has until 05/04/2015 to answer or otherwise respond to the Plaintiffs complaint. Signed by Judge Barry Ted Moskowitz on 04/01/2015. (ag) (Entered: 04/03/2015)
2015-04-0312ORDER. The United States Motion for Entry of Stipulation is hereby granted. Signed by Judge Barry Ted Moskowitz on 04/03/2015.(ag) (Entered: 04/03/2015)
2015-05-0413ANSWER to 1 Complaint, by United States Internal Revenue Service.(Josey, Stephen) (rlu). (Entered: 05/04/2015)
2015-05-0614NOTICE AND ORDER for Early Neutral Evaluation Conference: Telephonic Early Neutral Evaluation set for 6/1/2015 at 9:30 AM before Magistrate Judge Jan M. Adler. Signed by Magistrate Judge Jan M. Adler on 5/6/2015.(rlu) (Entered: 05/06/2015)
2015-06-0115Minute 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)
2015-07-3116Minute 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)
2015-09-1517Minute 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)
2015-09-1518ORDER: 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)
2015-12-1519Minute 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)
2016-01-2720Minute 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)
2016-03-0221Minute 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)
2016-03-0222ORDER: (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)
2016-05-1923Minute 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)
2016-08-2424Joint MOTION for Extension of Time to File Motion for Summary Judgment by United States Internal Revenue Service. (Josey, Stephen) (rlu). (Entered: 08/24/2016)
2016-08-2625ORDER granting 24 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)
2016-10-0726MOTION for Summary Judgment by United States Internal Revenue Service. (Attachments: # 1 Notice of Motion, # 2 Memo of Points and Authorities, # 3 Declaration of Joseph Maher, # 4 Declaration of Rosanna Savala, # 5 Declaration of Delphine Thomas, # 6 Exhibit A - FOIA Request)(Josey, Stephen)(acc). (Entered: 10/07/2016)
2016-10-0727REDACTION to 26 MOTION for Summary Judgment Exhibit A - FOIA Request by United States Internal Revenue Service. (Josey, Stephen) (acc). (Entered: 10/07/2016)
2016-10-0728MOTION to Seal a Previously Filed Document by United States Internal Revenue Service. (Josey, Stephen) (dls). (Entered: 10/07/2016)
2016-10-0729ORDER granting 28 Motion to Seal Previously filed Document. Signed by Judge Barry Ted Moskowitz on 10/7/2016. (kcm) (Entered: 10/07/2016)
2016-10-2830NOTICE of Association of Counsel by Smart-Tek Automated Services Inc. (Semerdjian, Dick)Attorney Dick A Semerdjian added to party Smart-Tek Automated Services Inc.(pty:pla) (rlu). (Entered: 10/28/2016)
2016-10-2831RESPONSE in Opposition re 26 MOTION for Summary Judgment filed by Smart-Tek Automated Services Inc.. (Attachments: # 1 Declaration Declaration of Bonar in Support of Opposition)(Semerdjian, Dick) (rlu). (Entered: 10/28/2016)
2016-11-2332NOTICE 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)
2016-11-2933CERTIFICATE OF SERVICE by United States Internal Revenue Service re 32 Notice of Appearance, (McMonagle, Ryan) (rlu). (Entered: 11/29/2016)
2017-01-1334REPLY to Response to Motion re 26 MOTION for Summary Judgment filed by United States Internal Revenue Service. (McMonagle, Ryan) (Entered: 01/13/2017)
2017-01-2035MINUTE ORDER, Motions Submitted 26 MOTION for Summary Judgment (no document attached) (rfm) (Entered: 01/20/2017)
2017-07-2036ORDER Granting in part and Denying in part Without Prejudice Defendant's 26 Motion for Summary Judgment. Signed by Judge Barry Ted Moskowitz on 7/20/2017. (mxn) (Entered: 07/20/2017)
2017-08-1437ORDER Scheduling Case Management Conference. Telephonic Case Management Conference set for 9/14/2017 at 9:30 AM before Magistrate Judge Jan M. Adler. Signed by Magistrate Judge Jan M. Adler on 8/14/2017.(mxn) (Entered: 08/14/2017)
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by FOIA Project Staff