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Case TitleMicrosoft Corporation v. Internal Revenue Service
DistrictWestern District of Washington
CitySeattle
Case Number2:2015cv01605
Date Filed2015-10-07
Date ClosedOpen
JudgeJudge Ricardo S. Martinez
PlaintiffMicrosoft Corporation
Case DescriptionMicrosoft Corporation submitted two FOIA requests in 2011 to the IRS for records related to two separate IRS examinations of Microsoft. The IRS consolidated the two requests. The agency finally responded in 2015 by disclosing 2,564 responsive records, withholding parts of 583 records, and fully withholding 6,069 records. Microsoft appealed the agency's denial, which was upheld on appeal. Microsoft then filed suit.
Complaint issues: 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
Opinion/Order [31]
Opinion/Order [33]
Opinion/Order [35]
Opinion/Order [37]
Opinion/Order [41]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-10-071COMPLAINT For Declaratory and Injunctive Relief against defendant(s) Internal Revenue Service (Receipt # 0981-4187438), filed by Microsoft Corporation. (Attachments: # 1 Exhibit I, # 2 Exhibit II, # 3 Exhibit III, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Civil Cover Sheet)(Eakes, Patricia) (Entered: 10/07/2015)
2015-10-082APPLICATION OF ATTORNEY Daniel A. Rosen FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Microsoft Corporation (Fee Paid) Receipt No. 0981-4188072 (Eakes, Patricia) (Entered: 10/08/2015)
2015-10-083APPLICATION OF ATTORNEY James M. O'Brien FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Microsoft Corporation (Fee Paid) Receipt No. 0981-4188074 (Eakes, Patricia) (Entered: 10/08/2015)
2015-10-08NOTICE TO FILER: SIGNATURE IMPROPER: The Complaint was improperly signed by Patricia A. Eakes and Andrea D. Ostrovsky. Pursuant to FRCP Rule 11 and Local General Rule 2(h), signatures must comply with Section III(L) of the Electronic Filing Procedures, which states, "An electronically filed pleading or other document which requires an attorney's signature must have the signors' names' printed or typed on the line and under all signature lines. You do not have to re-file this document, but please be sure all future documents are properly signed. Thank you. (RE) (Entered: 10/08/2015)
2015-10-08NOTICE Pursuant to Fed.R.Civ.P 7.1, Plaintiff(s) Microsoft Corporation must file a Corporate Disclosure Statement by 10/15/2015. (RE) (Entered: 10/08/2015)
2015-10-08Judge Ricardo S Martinez added. (RE) (Entered: 10/08/2015)
2015-10-084Summons electronically issued as to defendant(s) Internal Revenue Service. (Attachments: # 1 Summons-Attorney General, # 2 Summons-US Attorney's Office)(RE) (Entered: 10/08/2015)
2015-10-095ORDER re 2 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Daniel A Rosen for plaintiff 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). (AD) (Entered: 10/09/2015)
2015-10-096ORDER re 3 Application for Leave to Appear Pro Hac Vice. The Court ADMITS James M O'Brien for plaintiff 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). (AD) (Entered: 10/09/2015)
2015-10-147CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Microsoft Corporation (Eakes, Patricia) (Entered: 10/14/2015)
2015-10-148AFFIDAVIT of Service of Summons and Complaint on on 10/13/2015, filed by Plaintiff Microsoft Corporation. (Eakes, Patricia) (Entered: 10/14/2015)
2015-11-129AFFIDAVIT of Mailing of Summons and Complaint to Internal Revenue Service on 10/8/2015, filed by Plaintiff Microsoft Corporation. (Eakes, Patricia) (Entered: 11/12/2015)
2015-11-1210AFFIDAVIT of Mailing of Summons and Complaint to Attorney General of the United States on 10/8/2015, filed by Plaintiff Microsoft Corporation. (Eakes, Patricia) (Entered: 11/12/2015)
2015-11-1311NOTICE of Appearance by attorney Richard J Hagerman on behalf of Defendant Internal Revenue Service. (Hagerman, Richard) (Entered: 11/13/2015)
2015-11-1312Stipulated MOTION for extension of time to answer by Defendant Internal Revenue Service. (Hagerman, Richard) (Entered: 11/13/2015)
2015-11-1813ORDER granting 12 Stipulated Motion extending time to answer to 12/16/15 by Judge Ricardo S Martinez.(RS) (Entered: 11/18/2015)
2015-12-1614ANSWER to 1 Complaint, by Internal Revenue Service.(Hagerman, Richard) (Entered: 12/16/2015)
2015-12-1715ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 1/28/2016, FRCP 26f Conference Deadline is 1/14/2016, Initial Disclosure Deadline is 1/21/2016, by Judge Ricardo S. Martinez. (LW) (Entered: 12/17/2015)
2016-01-2816JOINT STATUS REPORT signed by all parties estimated Trial Days: 1. (Eakes, Patricia) (Entered: 01/28/2016)
2016-04-2717Joint STATUS REPORT by Plaintiff Microsoft Corporation (Eakes, Patricia) (Entered: 04/27/2016)
2016-08-0118JOINT STATUS REPORT signed by all parties (Eakes, Patricia) (Entered: 08/01/2016)
2016-10-0319Joint STATUS REPORT by Plaintiff Microsoft Corporation (Eakes, Patricia) (Entered: 10/03/2016)
2017-01-0320JOINT STATUS REPORT signed by all parties (Eakes, Patricia) (Entered: 01/03/2017)
2017-01-2521NOTICE of Change of Address/Change of Name of Attorney Patricia A Eakes. Filed by Plaintiff Microsoft Corporation. (Eakes, Patricia) (Entered: 01/25/2017)
2017-04-0322Joint STATUS REPORT by Plaintiff Microsoft Corporation (Eakes, Patricia) (Entered: 04/03/2017)
2017-07-1423Joint STATUS REPORT by Plaintiff Microsoft Corporation (Eakes, Patricia) (Entered: 07/14/2017)
2017-10-1224Joint STATUS REPORT by Plaintiff Microsoft Corporation (Ostrovsky, Andrea) (Entered: 10/12/2017)
2018-01-1025Joint STATUS REPORT by Plaintiff Microsoft Corporation (Ostrovsky, Andrea) (Entered: 01/10/2018)
2018-04-1126Joint STATUS REPORT by Plaintiff Microsoft Corporation (Ostrovsky, Andrea) (Entered: 04/11/2018)
2018-07-1627JOINT STATUS REPORT signed by all parties estimated Trial Days: 90. (Ostrovsky, Andrea) (Entered: 07/16/2018)
2018-10-2228JOINT STATUS REPORT signed by all parties estimated Trial Days: 90. (Ostrovsky, Andrea) (Entered: 10/22/2018)
2020-03-0329The 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 October 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)
2020-03-1730JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 90. (Eakes, Patricia) (Entered: 03/17/2020)
2020-03-1831JOINT STATUS REPORT AND ORDER REGARDING CASE SCHEDULE ORDER 30 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)
2021-03-2732Joint MOTION for Extension of Time , filed by Defendant Internal Revenue Service. (Hagerman, Richard) (Entered: 03/27/2021)
2021-03-2933ORDER granting the parties' 32 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)
2021-06-1534Unopposed MOTION for Extension of Time , filed by Defendant Internal Revenue Service. (Attachments: # 1 Proposed Order)(Hagerman, Richard) (Entered: 06/15/2021)
2021-06-1635ORDER granting the parties' 34 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 summary judgment by 9/13/2021. Signed by Judge Ricardo S. Martinez. (PM) (Entered: 06/16/2021)
2021-08-1236Unopposed MOTION for Extension of Time (Second Consent Motion) , filed by Defendant Internal Revenue Service. (Attachments: # 1 Proposed Order)(Ho, Stephen) (Entered: 08/12/2021)
2021-08-1337ORDER granting the parties' 36 Second Consent Motion Regarding Case Schedule. The IRS to provide draft revised Vaughn indices by 9/17/2021. The IRS to file its motion for summary judgment by 10/29/2021. Signed by Judge Ricardo S. Martinez. (PM) (Entered: 08/13/2021)
2021-08-2338NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Andrea Delgadillo Ostrovsky for Plaintiff Microsoft Corporation. (Eakes, Patricia) (Entered: 08/23/2021)
2021-09-1739Unopposed MOTION for Extension of Time (Third Consent Motion) , filed by Defendant Internal Revenue Service. (Attachments: # 1 Proposed Order)(Ho, Stephen) Modified on 9/17/2021 Counsel filed in wrong case, will file in correct case (JF). (Entered: 09/17/2021)
2021-09-1740Unopposed MOTION for Extension of Time (Third Consent Motion) , filed by Defendant Internal Revenue Service. (Attachments: # 1 Proposed Order)(Ho, Stephen) (Entered: 09/17/2021)
2021-09-1741ORDER granting Parties' 40 Third Consent Motion Regarding Case Schedule. The IRS to provide draft revised Vaughn indices by 10/15/2021. 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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