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Case TitleMicrosoft Corporation v. Internal Revenue Service
DistrictWestern District of Washington
CitySeattle
Case Number2:2015cv00369
Date Filed2015-03-11
Date ClosedOpen
JudgeJudge Ricardo S. Martinez
PlaintiffMicrosoft Corporation
Case DescriptionMicrosoft Corporation submitted four FOIA requests to the IRS for records concerning contracts awarded to two large law firms for representation of the agency and temporary and proposed regulations allowing such law firms to question witnesses in connection with IRS examinations. The IRS is currently conducting an audit of Microsoft's federal taxes from 2004-2009. The agency acknowledged receipt of each request and indicated that it would be unable to respond within 20 days. Microsoft ultimately filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantInternal Revenue Service
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
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Opinion/Order [45]
Opinion/Order [47]
Opinion/Order [49]
Opinion/Order [52]
Opinion/Order [54]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-03-111COMPLAINT for Declaratory and Injunctive Relief against defendant(s) Internal Revenue Service (Receipt # 0981-3939685) Attorney Patricia A Eakes added to party Microsoft Corporation(pty:pla), filed by Microsoft Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Civil Cover Sheet, # 12 Summons IRS, # 13 Summons Attorney General of the US, # 14 Summons US Attorney for the Western District of Washington)(Eakes, Patricia) (Entered: 03/11/2015)
2015-03-112APPLICATION OF ATTORNEY Daniel A. Rosen FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Microsoft Corporation (Fee Paid) Receipt No. 0981-3939764 (Eakes, Patricia) (Entered: 03/11/2015)
2015-03-113APPLICATION OF ATTORNEY James M. O'Brien FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Microsoft Corporation (Fee Paid) Receipt No. 0981-3939773 (Eakes, Patricia) (Entered: 03/11/2015)
2015-03-114NOTICE of Related Case(s) 2:15-cv-00102-RSM; 2:15-cv-00103-RSM, by Plaintiff Microsoft Corporation. (Eakes, Patricia) (Entered: 03/11/2015)
2015-03-115CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Microsoft Corporation (Eakes, Patricia) (Entered: 03/11/2015)
2015-03-116ORDER re 2 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Daniel A Rosen for Microsoft Corporation, by William M. McCool. (NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d)). (No document associated with this docket entry, text only.)(DS) (Entered: 03/11/2015)
2015-03-117ORDER re 3 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney James M. O'Brien for Microsoft Corporation, by Clerk William M McCool. No document associated with this docket entry, text only. NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (DS) (Entered: 03/11/2015)
2015-03-12Judge Ricardo S Martinez added. (ST) (Entered: 03/12/2015)
2015-03-128Summons electronically issued as to defendant(s) Internal Revenue Service, Attorney General of the United States and United States Attorney for the Western District of Washington. (Attachments: # 1 Summons, # 2 Summons)(ST) (Entered: 03/12/2015)
2015-03-169AFFIDAVIT of Service of Summons and Complaint on on 3/12/2015, filed by Plaintiff Microsoft Corporation. (Eakes, Patricia) (Entered: 03/16/2015)
2015-03-2410AFFIDAVIT of Mailing of Summons and Complaint to Attorney General of the United States on 3/12/2015, filed by Plaintiff Microsoft Corporation. (Eakes, Patricia) (Entered: 03/24/2015)
2015-05-1811ANSWER to 1 Complaint,, Attorney Richard J Hagerman added to party Internal Revenue Service(pty:dft) by Internal Revenue Service.(Hagerman, Richard) (Entered: 05/18/2015)
2015-05-2112ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 7/2/2015, FRCP 26f Conference Deadline is 6/18/2015, Initial Disclosure Deadline is 6/25/2015, by Judge Ricardo S. Martinez. (LW) (Entered: 05/21/2015)
2015-06-0113AMENDED ANSWER to 1 Complaint,, by Internal Revenue Service. (Hagerman, Richard) (Entered: 06/01/2015)
2015-06-1914REVISED ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT: By stipulation of counsel, the initial scheduling deadlines are continued 60 days as follows: Joint Status Report due by 9/1/2015, Initial Disclosure Deadline is 8/25/2015, by Judge Ricardo S. Martinez. (LW) (Entered: 06/19/2015)
2015-08-1315STIPULATION AND PROPOSED ORDER Consolidating Related Cases by parties (Eakes, Patricia) (Entered: 08/13/2015)
2015-08-1816STIPULATION AND ORDER CONSOLIDATING RELATED CASES; C15-369 RSM is consolidated with C15-850 RSM by Judge Ricardo S Martinez. (PM) (Entered: 08/19/2015)
2015-09-0117JOINT STATUS REPORT signed by all parties estimated Trial Days: 1. (Eakes, Patricia) (Entered: 09/01/2015)
2015-09-0418SUPPLEMENT re 17 Joint Status Report Supplemental Joint Status Report by Plaintiff Microsoft Corporation (Eakes, Patricia) (Entered: 09/04/2015)
2015-10-08Set Hearings: Telephone Conference set for 10/20/2015 at 10:00 AM before Judge Ricardo S. Martinez. (LW) (Entered: 10/08/2015)
2015-10-1619NOTICE of Appearance by attorney Geoffrey Klimas on behalf of Defendant Internal Revenue Service. (Klimas, Geoffrey) (Entered: 10/16/2015)
2015-10-2020MINUTE ENTRY for proceedings held before Judge Ricardo S Martinez- Dep Clerk: Laurie Cuaresma ; Pla Counsel: Dan Rosen, Patricia Eakes ; Def Counsel: Richard Hagerman, Geoffrey Klimas ; Time of Hearing: 10:00 AM ; Telephone Conference held on 10/20/2015. Court hears from counsel regarding schedule of document production. As the parties are working in good faith to resolve the dispute, the Court suggests a monthly document production release, and directs the parties to revisit the status of production in 90 days. (LC) (Entered: 10/20/2015)
2016-01-1521STATEMENT by Defendants Internal Revenue Service, Internal Revenue Service (Hagerman, Richard) (Entered: 01/15/2016)
2016-01-1922Joint STATUS REPORT by Plaintiff Microsoft Corporation (Eakes, Patricia) (Entered: 01/19/2016)
2016-03-2523STATEMENT re 21 Statement, by Defendant Internal Revenue Service (Hagerman, Richard) (Entered: 03/25/2016)
2016-04-2124Joint STATUS REPORT by Plaintiff Microsoft Corporation (Eakes, Patricia) (Entered: 04/21/2016)
2016-07-2125Joint STATUS REPORT by Plaintiff Microsoft Corporation (Eakes, Patricia) (Entered: 07/21/2016)
2016-10-1926JOINT STATUS REPORT signed by all parties (Eakes, Patricia) (Entered: 10/19/2016)
2017-01-1727JOINT STATUS REPORT signed by all parties (Eakes, Patricia) (Entered: 01/17/2017)
2017-01-2528NOTICE of Change of Address/Change of Name of Attorney Patricia A Eakes. Filed by Plaintiff Microsoft Corporation. (Eakes, Patricia) Modified Address/Phone Numbers on 1/25/2017 (DS). (Entered: 01/25/2017)
2017-04-1729Joint STATUS REPORT by Plaintiff Microsoft Corporation (Eakes, Patricia) (Entered: 04/17/2017)
2017-07-1730Joint STATUS REPORT by Plaintiffs Microsoft Corporation, Microsoft Corporation (Eakes, Patricia) (Entered: 07/17/2017)
2017-10-1631Joint STATUS REPORT by Plaintiff Microsoft Corporation (Eakes, Patricia) (Entered: 10/16/2017)
2017-11-1732NOTICE OF WITHDRAWAL OF COUNSEL: Attorney James M. O'Brien for Plaintiff Microsoft Corporation. (Ostrovsky, Andrea) (Entered: 11/17/2017)
2017-11-1733Joint STATUS REPORT by Plaintiff Microsoft Corporation (Ostrovsky, Andrea) (Entered: 11/17/2017)
2017-12-1834Joint STATUS REPORT by Plaintiff Microsoft Corporation (Ostrovsky, Andrea) (Entered: 12/18/2017)
2018-01-1735Joint STATUS REPORT by Plaintiff Microsoft Corporation (Ostrovsky, Andrea) (Entered: 01/17/2018)
2018-02-1636Joint STATUS REPORT by Plaintiff Microsoft Corporation (Ostrovsky, Andrea) (Entered: 02/16/2018)
2018-03-1937Joint STATUS REPORT by Plaintiff Microsoft Corporation (Ostrovsky, Andrea) (Entered: 03/19/2018)
2018-04-2438Joint STATUS REPORT by Plaintiff Microsoft Corporation (Ostrovsky, Andrea) (Entered: 04/24/2018)
2018-05-3039Joint STATUS REPORT by Plaintiff Microsoft Corporation (Ostrovsky, Andrea) (Entered: 05/30/2018)
2018-07-0340JOINT STATUS REPORT signed by all parties (Eakes, Patricia) (Entered: 07/03/2018)
2018-08-0641JOINT STATUS REPORT signed by all parties estimated Trial Days: 90. (Ostrovsky, Andrea) (Entered: 08/06/2018)
2018-11-1942JOINT STATUS REPORT signed by all parties estimated Trial Days: 90. (Ostrovsky, Andrea) (Entered: 11/19/2018)
2020-03-0343The following MINUTE ORDER is made by direction of the Court, the Honorable Ricardo S. Martinez, Chief United States District Judge: The last Joint Status Report in this matter was filed in November of 2018. The parties are now DIRECTED to file a joint status report explaining the status of this case and advising whether this case can be closed. This joint status report is due no later than fourteen (14) days from the date of this Minute Order. (COB) (Entered: 03/03/2020)
2020-03-1744JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 90. (Eakes, Patricia) (Entered: 03/17/2020)
2020-03-1845JOINT STATUS REPORT AND ORDER REGARDING CASE SCHEDULE re: 44 Joint Status Report. The following schedule is adopted: Defendant to provide declaration(s) concerning the adequacy of its search to the Plaintiff by 8/31/2020; Defendant to complete Vaughn index and provide to the Plaintiff by 11/30/2020; Plaintiff to complete list of challenges to Defendant's exemption claims on records withheld in part and provide to Defendant by 11/30/2020; Plaintiff to identify any remaining outstanding issues requiring briefing to Defendant by 2/14/2021; Defendant's motions for summary judgment (or stipulated dismissals) filed with the Court by 3/31/2021. Signed by Judge Ricardo S. Martinez. (PM) (Entered: 03/18/2020)
2021-03-2746Joint MOTION for Extension of Time , filed by Defendant Internal Revenue Service. (Hagerman, Richard) (Entered: 03/27/2021)
2021-03-27Noting Date Set re parties' 46 Joint MOTION for Extension of Time : Noting Date 3/27/2021, per LCR 7(d)(1). (PM) (Entered: 03/29/2021)
2021-03-2947ORDER granting the parties' 46 Joint Motion to Extend Time Regarding Case Schedule. The IRS to provide draft revised declarations: June 15, 2021; The IRS to provide draft revised Vaughn indices: August 13, 2021; The IRS to file its motion for summary judgment: September 13, 2021. Signed by Judge Ricardo S. Martinez. (PM) (Entered: 03/29/2021)
2021-06-1548Unopposed MOTION for Extension of Time , filed by Defendants Internal Revenue Service, Internal Revenue Service. (Attachments: # 1 Proposed Order)(Hagerman, Richard) (Entered: 06/15/2021)
2021-06-1649ORDER granting the parties' 48 Consent Motion Regarding Case Schedule. The IRS to provide draft revised declarations by 6/24/2021. The IRS to provide draft revised Vaughn indices by 8/13/2021. The IRS to file its motion for summaryjudgment by 9/13/2021. Signed by Judge Ricardo S. Martinez. (PM) (Entered: 06/16/2021)
2021-06-1750NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Andrea Delgadillo Ostrovsky for Plaintiff Microsoft Corporation. (Eakes, Patricia) (Entered: 06/17/2021)
2021-08-1251Unopposed MOTION for Extension of Time (Second Consent Motion) , filed by Defendant Internal Revenue Service. (Attachments: # 1 Proposed Order)(Ho, Stephen) (Entered: 08/12/2021)
2021-08-1352ORDER granting the Parties' 51 Second Consent Motion Regarding Case Schedule. The IRS to provide draft revised Vaughn indices by 8/27/2021. The IRS to file its motion for summary judgment by 10/29/2021. Signed by Judge Ricardo S. Martinez. (PM) (Entered: 08/13/2021)
2021-09-1753Unopposed MOTION for Extension of Time (Third Consent Motion) , filed by Defendant Internal Revenue Service. (Attachments: # 1 Proposed Order)(Ho, Stephen) (Entered: 09/17/2021)
2021-09-1754ORDER granting Parties' 53 Third Consent Motion Regarding Case Schedule. The IRS to file its motion for summary judgment by 12/3/2021. Signed by Judge Ricardo S. Martinez. (SB) (Entered: 09/17/2021)
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by FOIA Project Staff
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