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Case TitleJanangelo v. Treasury Inspector General for Tax Administration
DistrictDistrict of Nevada
CityLas Vegas
Case Number2:2016cv00906
Date Filed2016-04-20
Date Closed2017-03-29
JudgeJudge James C. Mahan
PlaintiffPeter Janangelo
Case DescriptionPeter Janangelo submitted a FOIA request to the Treasury Inspector General for Tax Administration for a copy of a TIGTA report concerning a complaint Janangelo made about an IRS territorial manager in Las Vegas. The agency invoked a Glomar response neither confirming nor denying the existence of records. Janangelo appealed the Glomar response, which was upheld on appeal. He then filed suit.
Complaint issues: Litigation - Attorney's fees, Determination - Glomar response

DefendantTreasury Inspector General for Tax Administration an agency of the United States
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [7]
Opinion/Order [11]
Opinion/Order [24]
FOIA Project Annotation: A federal court in Nevada has ruled that the Treasury Inspector General for Tax Administration properly invoked a Glomar response neither confirming nor denying the existence of records in response to Peter Janangelo's request for records concerning the report of an investigation initiated after Janangelo contacted Rep. Joseph Heck (R-NV) to complain about alleged misconduct by an IRS employee. Janangelo argued that a Glomar response was inappropriate because the report had already been publicly acknowledged. The court rejected Janangelo's assertion that an email from special IRS agent Ronald Moller responding to Janangelo's request for the results of the investigation, informing Janangelo that he could not provide him the "information," was an implicit acknowledgement by the agency of the existence of the report. The court "disagrees with Janangelo's interpretation that the phrase, 'the information,' is an acknowledgment of an existing report. Rather, as is the case here, 'the information' is that a privacy interest is at issue and cannot be disclosed barring an outweighing public interest." Upholding the agency's final decision to withhold the records under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records), court noted that "approving Janangelo's FOIA request based on the stated public interests, which seem pretextual, would bypass the function of internal criminal investigations that allow for protections from unwarranted allegations. Moreover, the privacy interest at stake here is great as the allegations are of a single individual and regard intimate topics which, if disclosed, could cause severe professional and personal embarrassment."
Issues: Determination - Glomar response
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-04-201COMPLAINT against Treasury Inspector General for Tax Administration (Filing fee $400 receipt number 0978-4087326), filed by Peter Janangelo. Certificate of Interested Parties due by 4/30/2016. Proof of service due by 7/19/2016. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons Summons TIGTA) (Kemp, James) (Entered: 04/20/2016)
2016-04-202CERTIFICATE of Interested Parties filed by Peter Janangelo. There are no known interested parties other than those participating in the case . (Kemp, James) (Entered: 04/20/2016)
2016-04-20Case assigned to Judge James C. Mahan and Magistrate Judge George Foley, Jr. (MMM) (Entered: 04/21/2016)
2016-04-213NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC § 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - www.nvd.uscourts.gov . AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) NOTICE OF GENERAL ORDER 2013-1 AND OPPORTUNITY FOR EXPEDITED TRIAL SETTING: The parties in this action are provided with a link to General Order 2013-1 and the USDC Short Trial Rules on the Court's website - www.nvd.uscourts.gov . If the parties agree that this action can be ready for trial within 180 days and that a trial of this matter would take three (3) days or less, the parties should consider participation in the USDC Short Trial Program. If the parties wish to be considered for entry into the Court's Short Trial Program, they should execute and electronically file with USDC Short Trial Form 4(a)(1) or Form 4(a)(2). (no image attached) (MMM) (Entered: 04/21/2016)
2016-04-214Summons Issued as to Treasury Inspector General for Tax Administration. (MMM) (Entered: 04/21/2016)
2016-05-035MOTION to Admit Government Attorney to Practice in the District of Nevada for Duration of Attorney's Government Employment by Defendant Treasury Inspector General for Tax Administration. Responses due by 5/20/2016. (Roberts, Lindsy) (Entered: 05/03/2016)
2016-05-036SUMMONS Returned Executed by Peter Janangelo re 1 Complaint, 4 Summons Issued. Treasury Inspector General for Tax Administration served on 4/26/2016, answer due 6/25/2016. (Kemp, James) (Entered: 05/03/2016)
2016-05-047ORDER Granting 5 Motion to Admit Government Attorney Stephanie Sasarak. Signed by Magistrate Judge George Foley, Jr on 5/4/16. (Copies have been distributed pursuant to the NEF - MMM) (Entered: 05/04/2016)
2016-05-268ANSWER to 1 Complaint, filed by Treasury Inspector General for Tax Administration. Discovery Plan/Scheduling Order due by 7/10/2016.(Sasarak, Stephanie) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. (Entered: 05/26/2016)
2016-05-269CERTIFICATE of Interested Parties filed by Treasury Inspector General for Tax Administration. There are no known interested parties other than those participating in the case . (Sasarak, Stephanie) (Entered: 05/26/2016)
2016-07-1110Joint CASE MANAGEMENT REPORT by Defendant Treasury Inspector General for Tax Administration. (Sasarak, Stephanie) (Entered: 07/11/2016)
2016-07-2111ORDER re 10 Joint Case Management Report. ORDERED that the briefing schedule enumerated in this Order shall apply. Signed by Magistrate Judge George Foley, Jr on 7/21/16. (Copies have been distributed pursuant to the NEF - MMM) (Entered: 07/21/2016)
2016-09-1512MOTION for Summary Judgment by Defendant Treasury Inspector General for Tax Administration. Responses due by 10/9/2016. (Attachments: # 1 Declaration Camus Declaration, # 2 Declaration Levitas Declaration)(Sasarak, Stephanie) (Entered: 09/15/2016)
2016-10-2413RESPONSE to 12 Motion for Summary Judgment, filed by Plaintiff Peter Janangelo. Replies due by 11/10/2016. (Attachments: # 1 Index Index to Exhibits, # 2 Exhibit A Declaration of Janangelo with Exhibits thereto)(Kemp, James) (Entered: 10/24/2016)
2016-10-2414Cross MOTION for Summary Judgment by Plaintiff Peter Janangelo. Responses due by 11/17/2016. (Attachments: # 1 Index To Exhibits, # 2 Exhibit A Declaration of Janangelo with Exhibits thereto)(Kemp, James) (Entered: 10/24/2016)
2016-11-0415STIPULATION FOR EXTENSION OF TIME (First Request) by Defendant Treasury Inspector General for Tax Administration. (Sasarak, Stephanie) (Entered: 11/04/2016)
2016-11-0816ORDER Granting 15 STIPULATION FOR EXTENSION OF TIME (First Request) to Reply re 12 MOTION for Summary Judgment (Replies due by 11/18/2016), and Respond/Reply re 14 Cross MOTION for Summary Judgment (Responses due by 11/18/2016. Replies due by 12/2/2016.) Signed by Judge James C. Mahan on 11/8/16. (Copies have been distributed pursuant to the NEF - MMM) (Entered: 11/09/2016)
2016-11-1817REPLY to Response to 12 Motion for Summary Judgment filed by Defendant Treasury Inspector General for Tax Administration. (Attachments: # 1 Affidavit Second Levitas Declaration)(Sasarak, Stephanie) (Entered: 11/18/2016)
2016-11-1818RESPONSE to 14 Motion for Summary Judgment, filed by Defendant Treasury Inspector General for Tax Administration. Replies due by 12/5/2016. (Attachments: # 1 Affidavit Second Levitas Declaration)(Sasarak, Stephanie) (Entered: 11/18/2016)
2016-12-0219FIRST STIPULATION FOR EXTENSION OF TIME re: 14 Cross MOTION for Summary Judgment ; filed by Plaintiff Peter Janangelo. (Kemp, James) Court Modified entry to properly establish docket entry relationship pursuant to LR IC 2-2(d) on 12/2/2016 (RFJ). (Entered: 12/02/2016)
2016-12-0220MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan, on 12/2/2016. RE: 19 Stipulation, IT IS THE ORDER THE COURT that attorney James P. Kemp is in violation of LR IA 6-1(c). REQUESTS FOR CONTINUANCE, EXTENSION OF TIME, OR ORDER SHORTENING TIME. ONCE CORRECTED REFILE USING THE "NOTICE OF CORRECTED IMAGE/DOCUMENT" EVENT IN CMECF. (no image attached) (Copies have been distributed pursuant to the NEF - DXO) (Entered: 12/02/2016)
2016-12-0221NOTICE of Corrected Image/Document re 19 Stipulation, by Plaintiff Peter Janangelo. (Service of corrected image is attached). (Kemp, James) (Entered: 12/02/2016)
2016-12-0522ORDER Granting 19 FIRST STIPULATION FOR EXTENSION OF TIME to Reply re: 14 Cross MOTION for Summary Judgment. Replies due by 12/12/2016. Signed by Judge James C. Mahan on 12/5/16. (Copies have been distributed pursuant to the NEF - MMM) (Entered: 12/06/2016)
2016-12-1223REPLY to Response to 14 Motion for Summary Judgment filed by Plaintiff Peter Janangelo. (Kemp, James) (Entered: 12/12/2016)
2017-03-2924ORDER that 12 defendant TIGTA's Motion for Summary Judgment is GRANTED. FURTHER ORDERED that 14 plaintiff Janangelo's Motion for Summary Judgment is DENIED. FURTHER ORDERED that plaintiff Janangelo's complaint (ECF No. 1 ) be, and the same hereby is, DISMISSED with prejudice. The clerk is instructed to enter judgment accordingly and close the case. Signed by Judge James C. Mahan on 3/29/17. (Copies have been distributed pursuant to the NEF - MMM) (Entered: 03/29/2017)
2017-03-2925CLERK'S JUDGMENT in favor of Defendant Treasury Inspector General for Tax Administration against Plaintiff Peter Janangelo. Signed by Clerk of Court Debra K. Kempi on 3/29/17. (Copies have been distributed pursuant to the NEF - MMM) (Entered: 03/29/2017)
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by FOIA Project Staff