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Case TitleBittner et al v. Internal Revenue Service
DistrictWestern District of Texas
CityAustin
Case Number1:2015cv01209
Date Filed2015-12-22
Date Closed2017-08-29
JudgeJudge Sam Sparks
PlaintiffAlexandru Bittner
PlaintiffSherry Bittner
Case DescriptionAlexandru and Sherry Bittner, naturalized U.S. citizens, submitted a FOIA request to the IRS for their administrative file pertaining to the agency's audit of their back taxes. The Bittners had lived in Rumania for 22 years without filing U.S. taxes and when they returned to the U.S. they agreed to file back tax returns. The IRS assessed them $6 million in back taxes. The Bittners requested the administrative file and after the agency failed to respond, they 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
Opinion/Order [53]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-12-221COMPLAINT ( Filing fee $ 400 receipt number 0542-8059553), filed by Alexandru Bittner, Sherry Bittner. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Seger, Forrest) (Entered: 12/22/2015)
2015-12-222REQUEST FOR ISSUANCE OF SUMMONS by Alexandru Bittner, Sherry Bittner. (Seger, Forrest) (Entered: 12/22/2015)
2015-12-22Case Assigned to Judge Sam Sparks. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (so) (Entered: 12/22/2015)
2015-12-223Summons Issued as to Internal Revenue Service, c/o Loretta E. Lynch and c/o Richard L. Durbin, Jr. (so) (Entered: 12/22/2015)
2016-01-274ANSWER to 1 Complaint . Attorney Kavitha Bondada added to party Internal Revenue Service(pty:dft) by Internal Revenue Service.(Bondada, Kavitha) (Entered: 01/27/2016)
2016-01-285Order for Proposed Scheduling Order. Plaintiff shall submit a proposed scheduling order to the Court within sixty (60) days after the appearance of any defendant. Proposed Scheduling Order due by 3/28/2016. Signed by Judge Sam Sparks. (ml) (Entered: 01/28/2016)
2016-02-016CERTIFICATE OF SERVICE by Alexandru Bittner, Sherry Bittner 3 Summons Issued (Attachments: # 1 Exhibit 1-4)(Seger, Forrest) (Entered: 02/01/2016)
2016-03-287Proposed Scheduling Order of the Parties by Alexandru Bittner, Sherry Bittner. (Seger, Forrest) (Entered: 03/28/2016)
2016-03-288Scheduling Recommendations Joint Discovery and Pre-Trial Plan by Alexandru Bittner, Sherry Bittner. (Seger, Forrest) (Entered: 03/28/2016)
2016-03-319ORDER, parties shall comply with their scheduling order set out in the Discovery Control Plan pursuant to Rul 26(f) in Doc. #8 filed 03/28/2016. Signed by Judge Sam Sparks. (ml) (Entered: 03/31/2016)
2016-04-0610ORDER, (Status Conference/All Pending Motions set for 4/21/2016 09:00 AM before Judge Sam Sparks,). Signed by Judge Sam Sparks. (ml) (Entered: 04/06/2016)
2016-04-2111Minute Entry for proceedings held before Judge Sam Sparks: Status Conference held on 4/21/2016. Response to Allegations of Complaint due from IRS in 10 Days. Written Order forthcoming. (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(klw) (Entered: 04/21/2016)
2016-04-2112ORDERED that Defendant Internal Revenue Service shall have TEN (10) days from the date of entry of this order to answer the allegations contained in Plaintiffs Alexandru and Sherry Bitner's Complaint. Signed by Judge Sam Sparks. (td) (Entered: 04/21/2016)
2016-05-0213ANSWER to 1 Complaint by Internal Revenue Service.(Bondada, Kavitha) (Entered: 05/02/2016)
2016-07-2914Consent MOTION to Extend Scheduling Order Deadlines by Internal Revenue Service. (Attachments: # 1 Proposed Order)(Bondada, Kavitha) (Entered: 07/29/2016)
2016-08-0215ORDER GRANTING 14 Motion to Extend Scheduling Order Deadlines. Motions due by 8/16/2016. Signed by Judge Sam Sparks. (td) (Entered: 08/02/2016)
2016-08-1616MOTION for Summary Judgment by Internal Revenue Service. (Attachments: # 1 Memo in Support, # 2 Declaration of Gail Minauro, # 3 Minauro Declaration Exhibit A, # 4 Declaration of Christopher P. Valvardi, # 5 Declaration of Anh Reach, # 6 Declaration of Charles B. Christopher, # 7 Christopher Declaration Exhibit A, # 8 Christopher Declaration Exhibit B, # 9 Proposed Order)(Bondada, Kavitha) (Entered: 08/16/2016)
2016-09-1417Consent MOTION Request to Modify Scheduling Order re 9 Order by Alexandru Bittner, Sherry Bittner. (Attachments: # 1 Proposed Order)(Seger, Forrest) (Entered: 09/14/2016)
2016-09-1618ORDER GRANTING 17 Motion Request to Modify Scheduling Order. Signed by Judge Sam Sparks. (ml) (Entered: 09/16/2016)
2016-10-1319Joint MOTION Request to Modify Scheduling Order re 9 Order by Alexandru Bittner. (Attachments: # 1 Proposed Order)(Seger, Forrest) (Entered: 10/13/2016)
2016-10-1820ORDER GRANTING 19 Motion Request to Modify Scheduling Order. Signed by Judge Sam Sparks. (ml) (Entered: 10/18/2016)
2016-10-2021Unopposed MOTION to supplement re 16 MOTION for Summary Judgment by Internal Revenue Service. (Attachments: # 1 Proposed Order, # 2 Supplement, # 3 Supplement)(Bondada, Kavitha) (Entered: 10/20/2016)
2016-10-2122ORDER GRANTING 21 Motion to supplement. Signed by Judge Sam Sparks. (ml) (Entered: 10/21/2016)
2016-10-2123SUPPLEMENTAL DECLARATION OF GAIL L. MINAURO to 16 MOTION for Summary Judgment by Internal Revenue Service. (ml) (Entered: 10/21/2016)
2016-10-2124SUPPLEMENTAL DECLARATION OF CHRISTOPHER P. VALVARDI to 16 MOTION for Summary Judgment by Internal Revenue Service. (ml) (Entered: 10/21/2016)
2016-11-2125Unopposed MOTION to Modify Scheduling Order re 9 Order by Alexandru Bittner, Sherry Bittner. (Attachments: # 1 Proposed Order)(Seger, Forrest) (Entered: 11/21/2016)
2016-12-0126ORDER GRANTING 25 Motion to Modify Scheduling Order. Signed by Judge Sam Sparks. (td) (Entered: 12/01/2016)
2016-12-2027RESPONSE and CROSS-MOTION, Requesting the Court Order the Production of Agency Records Improperly Withheld From the Plaintiffs and Allow the Deposition of IRS Revenue Agent filed by Alexandru Bittner, Sherry Bittner, re 16 MOTION for Summary Judgment filed by Defendant Internal Revenue Service and Cross-Motion (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order)(Seger, Forrest) Modified on 12/21/2016 to change event to motion (ml). (Entered: 12/20/2016)
2016-12-2128DEFICIENCY NOTICE: for Forrest Mathew III Seger re 27 Response to Motion,.(ml) (Entered: 12/21/2016)
2016-12-21Notice of Correction: re 27 Cross-Motion Requesting the Court Order the Production of Agency Records Improperly Withheld From the Plaintiffs and Allow the Deposition of IRS Revenue Agent, 28 Deficiency Notice. Counsel has been advised to file multiple pleadings as separate documents. Event has been changed to motion, per chambers. Please disregard the deficiency notice. No further action is necessary from counsel. (ml) (Entered: 12/21/2016)
2017-01-0429Unopposed MOTION to Extend Scheduling Order Deadlines by Internal Revenue Service. (Attachments: # 1 Proposed Order)(Bondada, Kavitha) (Entered: 01/04/2017)
2017-01-1030ORDER GRANTING 29 Motion to Extend Scheduling Order Deadlines. Signed by Judge Sam Sparks. (ml) (Entered: 01/10/2017)
2017-03-0231Unopposed MOTION to Extend Scheduling Order Deadlines by Internal Revenue Service. (Attachments: # 1 Proposed Order)(Bondada, Kavitha) (Entered: 03/02/2017)
2017-03-1032REPLY to Response to Motion, filed by Internal Revenue Service, re 16 Motion for Summary Judgment filed by Internal Revenue Service and 27 Cross-Motion Requesting the Court Order the Production of Agency Records Improperly Withheld From the Plaintiffs and Allow the Deposition of IRS Revenue Agent filed by Plaintiff Sherry Bittner, Plaintiff Alexandru Bittner (Bondada, Kavitha) Modified on 3/10/2017 to edit docket text (ml). (Entered: 03/10/2017)
2017-03-1533ORDER GRANTING 31 Motion to Extend Scheduling Order Deadlines. Signed by Judge Sam Sparks. (ml) (Entered: 03/15/2017)
2017-03-2434REPLY to Response to Motion, filed by Alexandru Bittner, Sherry Bittner, re 27 Cross-Motion Requesting the Court Order the Production of Agency Records Improperly Withheld From the Plaintiffs and Allow the Deposition of IRS Revenue Agent filed by Plaintiff Sherry Bittner, Plaintiff Alexandru Bittner (Attachments: # 1 Exhibit A - Supplemental Declaration, # 2 Exhibit 1 to Ex. A, # 3 Exhibit 2 to Ex. A, # 4 Exhibit 3 to Ex. A, # 5 Exhibit 4 to Ex. A, # 6 Exhibit 5 to Ex. A)(Seger, Forrest) (Entered: 03/24/2017)
2017-03-2835ORDER REFERRING CASE to Magistrate Judge Mark Lane. Signed by Judge Sam Sparks. Referral Magistrate Judge: Mark Lane. (ml) (Entered: 03/29/2017)
2017-04-0736ORDER, Set Motion Hearing for 16 MOTION for Summary Judgment ( Motion Hearing set for 5/3/2017 10:00 AM before Judge Mark Lane,). Signed by Judge Mark Lane. (ml) (Entered: 04/07/2017)
2017-04-2637ORDER, Set Motion Hearing for 27 Cross-Motion Requesting the Court Order the Production of Agency Records Improperly Withheld From the Plaintiffs and Allow the Deposition of IRS Revenue Agent, 16 MOTION for Summary Judgment ( Motion Hearing set for 5/3/2017 10:00 AM before Judge Mark Lane). Signed by Judge Mark Lane. (td) (Entered: 04/26/2017)
2017-05-0338Minute Entry for proceedings held before Judge Mark Lane: Motion Hearing held on 5/3/2017 re 27 Cross-Motion Requesting the Court Order the Production of Agency Records Improperly Withheld From the Plaintiffs and Allow the Deposition of IRS Revenue Agent filed by Sherry Bittner, Alexandru Bittner (Minute entry documents are not available electronically.). (Court Reporter ERO.)(ml) (Entered: 05/03/2017)
2017-05-0439ORDER directing IRS to produce any documents and a log no later than June 30, 2017. The court further ORDERS the parties to file a joint notice no later than 12 p.m. on July 14, 2017 regarding any outstanding issues and the status of their pending motions. Signed by Judge Mark Lane. (ml) (Entered: 05/04/2017)
2017-05-1840TRANSCRIPT REQUEST by Internal Revenue Service for proceedings held on 05/03/2017. Proceedings Transcribed: Motion Hearing. Court Reporter: Lily Reznik. (Bondada, Kavitha) Modified on 5/18/2017 to edit text (ml). (Entered: 05/18/2017)
2017-06-3041NOTICE of Substantial Compliance by Internal Revenue Service re 39 Order, (Attachments: # 1 Declaration of Christopher P. Valvardo)(Bondada, Kavitha) (Entered: 06/30/2017)
2017-07-0742Unopposed MOTION for Extension of Time to File Joint Notice by Alexandru Bittner, Sherry Bittner. (Attachments: # 1 Proposed Order). Motions referred to Judge Mark Lane. (Seger, Forrest) (Entered: 07/07/2017)
2017-07-0743NOTICE of Filing Additional Declarations by Internal Revenue Service re 41 Notice (Other) (Attachments: # 1 Declaration of Robert G. Davis, # 2 Declaration of Johnny D. Johnson)(Bondada, Kavitha) (Entered: 07/07/2017)
2017-07-0744NOTICE of Filing Additional Declarations - Corrected by Internal Revenue Service re 43 Notice (Other) (Attachments: # 1 Declaration of Robert G. Davis, # 2 Declaration of Johnny D. Johnson)(Bondada, Kavitha) (Entered: 07/07/2017)
2017-07-1145ORDER GRANTING IN PART 42 Unopposed MOTION for Extension of Time to File Joint Notice filed by Sherry Bittner, Alexandru Bittner., (Hearing set for 7/21/2017 10:00 AM before Judge Mark Lane,). Signed by Judge Mark Lane. (ml) (Entered: 07/11/2017)
2017-07-1746STATUS REPORT by Internal Revenue Service. (Bondada, Kavitha) (Entered: 07/17/2017)
2017-07-1747NOTICE Regarding Outstanding Issues and Status of Pending Motions by Alexandru Bittner, Sherry Bittner re 45 Order, Terminate Motions, Set Deadlines/Hearings, 39 Order, (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E)(Seger, Forrest) (Entered: 07/17/2017)
2017-07-2148Minute Entry for proceedings held before Judge Mark Lane: Status Conference held on 7/21/2017 (Minute entry documents are not available electronically.). (Court Reporter ERO.)(ml) (Entered: 07/21/2017)
2017-07-2549RESPONSE to 47 Notice (Other), by Internal Revenue Service. (Attachments: # 1 Declaration of Vikramsing R. Barad, # 2 Declaration of Christopher P. Valvardi)(Bondada, Kavitha) (Entered: 07/25/2017)
2017-07-2550BRIEF regarding 48 Status Conference, 49 Response by Alexandru Bittner, Sherry Bittner. (Seger, Forrest) (Entered: 07/25/2017)
2017-07-3151Transcript filed of Proceedings held on May 3, 2017, Proceedings Transcribed: Motion Hearing. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or Lily_Reznik@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 8/21/2017, Redacted Transcript Deadline set for 8/31/2017, Release of Transcript Restriction set for 10/30/2017, (Reznik, Lily) (Entered: 07/31/2017)
2017-07-3152REPORT AND RECOMMENDATIONS re 27 Motion for Disclosure, filed by Sherry Bittner, Alexandru Bittner, 16 Motion for Summary Judgment, filed by Internal Revenue Service. Signed by Judge Mark Lane. (td) Modified on 8/1/2017 to correct presiding judge (td). (Entered: 07/31/2017)
2017-07-31CASE NO LONGER REFERRED to Magistrate Judge Mark Lane. (td) (Entered: 08/01/2017)
2017-08-2953ORDER ADOPTING REPORT AND RECOMMENDATIONS for 52 Report and Recommendations, DENYING 27 Cross-Motion for Summary Judgment, filed by Sherry Bittner, Alexandru Bittner, GRANTING 16 Motion for Summary Judgment, filed by Internal Revenue Service. Signed by Judge Sam Sparks. (ml) (Entered: 08/29/2017)
2017-08-2954JUDGMENT. Signed by Judge Sam Sparks. (ml) (Entered: 08/29/2017)
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by FOIA Project Staff