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Case TitleCOMMITTEE FOR EFFICIENT GOVERNMENT, LLC et al v. INTERNAL REVENUE SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv00916
Date Filed2016-05-13
Date ClosedOpen
JudgeJudge Reggie B. Walton
PlaintiffCOMMITTEE FOR EFFICIENT GOVERNMENT, LLC
PlaintiffKENNETH V. HEMMERLE, II Professional Association
Case DescriptionThe Committee for Efficient Government and Kenneth Hemmerle submitted three FOIA requests to the IRS. The first request was for records related to a report by the Inspector General for Tax Administration which found that the IRS was losing millions of dollars as the result of tax fraud. The Committee requested a fee waiver, which was denied. Instead, the agency requested a payment of $1 million to process the request. The Committee made a second FOIA request for a report showing the number of FOIA requests for which fees were charged. The agency declined to provide the report, telling the Committee that it was available publicly online. The third request asked for records concerning FOIA requests for which the agency requested fee deposits. The agency denied the Committee's fee waiver request and indicated that the request would cost more than $500 to process. The Committee appealed the decisions, which were upheld by the agency. The Committee then filed suit.
Complaint issues: Litigation - Attorney's fees, Public Interest Fee Waiver

DefendantINTERNAL REVENUE SERVICE Commissioner's Office
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-05-131COMPLAINT against INTERNAL REVENUE SERVICE (Fee Status: Paid, Receipt No. 0090-4527487, $400.00) filed by COMMITTEE FOR EFFICIENT GOVERNMENT, LLC, KENNETH V. HEMMERLE, II. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Pasano, Michael) Modified on 5/13/2016 to add in payment information.(ztnr) (Entered: 05/13/2016)
2016-05-132Corporate Disclosure Statement by COMMITTEE FOR EFFICIENT GOVERNMENT, LLC. (Pasano, Michael) (Entered: 05/13/2016)
2016-05-133Corporate Disclosure Statement by KENNETH V. HEMMERLE, II. (Pasano, Michael) (Entered: 05/13/2016)
2016-05-13Case Assigned to Judge Reggie B. Walton. (md) (Entered: 05/13/2016)
2016-05-174SUMMONS (3) Issued Electronically as to INTERNAL REVENUE SERVICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 05/17/2016)
2016-06-205Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Respond to Complaint by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(McMonagle, Ryan) (Entered: 06/20/2016)
2016-06-22MINUTE ORDER granting 5 Motion for Extension of Time to Answer. Upon consideration of the Defendant's Unopposed Motion to Enlarge Time to Respond to Complaint, and in light of the parties' consent, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendant shall respond to the complaint on or before July 22, 2016. Signed by Judge Reggie B. Walton on June 22, 2016. (lcrbw2) (Entered: 06/22/2016)
2016-07-226Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Respond to Complaint by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(McMonagle, Ryan) (Entered: 07/22/2016)
2016-07-25MINUTE ORDER granting 6 Motion for Extension of Time to Answer. Upon consideration of the Defendant's Second Unopposed Motion to Enlarge Time to Respond to Complaint, and in light of the parties' consent, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendant shall respond to the complaint on or before August 5, 2016. Signed by Judge Reggie B. Walton on July 25, 2016. (lcrbw2) (Entered: 07/25/2016)
2016-07-25Set/Reset Deadlines: Defendant's Answer to the Complaint due by 8/5/2016. (hs) (Entered: 07/25/2016)
2016-08-057ANSWER to Complaint by INTERNAL REVENUE SERVICE.(McMonagle, Ryan) (Entered: 08/05/2016)
2016-10-278GENERAL ORDER. Signed by Judge Reggie B. Walton on October 27, 2016. (lcrbw2) (Entered: 10/27/2016)
2016-10-27MINUTE ORDER. Because the plaintiffs pursue this action under the Freedom of Information Act, the initial disclosure requirements of Federal Rule of Civil Procedure 26(a)(1)(A) are not implicated and no scheduling conference need be held. See Local Civ. R. 16.3(b)(9). Accordingly, it is hereby ORDERED that the parties shall submit to the Court on or before November 11, 2016, a joint status report, proposing a schedule for the filing of, if any, dispositive motions, oppositions thereto, and replies. Signed by Judge Reggie B. Walton on October 27, 2016. (lcrbw2) (Entered: 10/27/2016)
2016-10-31Set/Reset Deadlines: Joint Status Report due by 11/11/2016 (hs) (Entered: 10/31/2016)
2016-12-229Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (McMonagle, Ryan) (Entered: 12/22/2016)
2017-01-02MINUTE ORDER. Upon consideration of the parties' Joint Status Report in response to the Court's October 27, 2016 Minute Order, and for good cause shown, it is hereby ORDERED that the parties shall file an additional joint status report on or before March 31, 2017, providing the Court with an update on the status of the productions of the responsive documents and a briefing schedule for further proceedings in this matter. Signed by Judge Reggie B. Walton on January 2, 2017. (lcrbw2) (Entered: 01/02/2017)
2017-01-04Set/Reset Deadlines: Joint Status Report due by 3/31/2017 (hs) (Entered: 01/04/2017)
2017-03-3010STATUS REPORT by INTERNAL REVENUE SERVICE. (McMonagle, Ryan) (Entered: 03/30/2017)
2017-04-18MINUTE ORDER. Upon consideration of the parties' Joint Status Report in response to the Court's January 2, 2017 Minute Order, and for good cause shown, it is hereby ORDERED that the parties shall file an additional joint status report on or before June 30, 2017, providing the Court with an update on the status of the productions of the responsive documents and a briefing schedule for further proceedings in this matter. Signed by Judge Reggie B. Walton on April 18, 2017. (lcrbw2) (Entered: 04/18/2017)
2017-04-18Set/Reset Deadlines: Joint Status Report due by 6/30/2017 (hs) (Entered: 04/18/2017)
2017-06-3011Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (McMonagle, Ryan) (Entered: 06/30/2017)
2017-07-03MINUTE ORDER. Upon consideration of the parties' Joint Status Report in response to the Court's April 18, 2017 Minute Order, and for good cause shown, it is hereby ORDERED that the parties shall file an additional joint status report on or before August 31, 2017, providing the Court with an update on the status of the productions of the responsive documents and a briefing schedule for further proceedings in this matter. Signed by Judge Reggie B. Walton on July 3, 2017. (lcrbw2) (Entered: 07/03/2017)
2017-07-05Set/Reset Deadlines: Joint Status Report due by 8/31/2017 (hs) (Entered: 07/05/2017)
2017-08-3112Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (McMonagle, Ryan) (Entered: 08/31/2017)
2017-09-05MINUTE ORDER. Upon consideration of the parties' Joint Status Report in response to the Court's July 3, 2017 Minute Order, and for good cause shown, it is hereby ORDERED that the parties shall file an additional joint status report on or before October 31, 2017, providing the Court with an update on the status of the productions of the responsive documents and a briefing schedule for further proceedings in this matter. Signed by Judge Reggie B. Walton on September 5, 2017. (lcrbw2) (Entered: 09/05/2017)
2017-09-05Set/Reset Deadlines: Joint status report due by 10/31/2017. (gdf) (Entered: 09/05/2017)
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by FOIA Project Staff