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Case TitlePOWELL v. INTERNAL REVENUE SERVICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv01682
Date Filed2016-08-17
Date Closed2017-12-04
JudgeJudge James E. Boasberg
PlaintiffWILLIAM E. POWELL
Case DescriptionWilliam Powell submitted a FOIA request to the IRS for the Master File for the tax returns for the Estate of William Powell, his father, and Powell Printing. The IRS apparently has refused to disclose the records to Powell because he does not have legal authority to access them. Powell filed suit to force the IRS to disclose the records.
Complaint issues: Litigation - Jurisdiction - Failure to Exhaust

DefendantINTERNAL REVENUE SERVICE
DefendantU.S. DEPARTMENT OF JUSTICE
TERMINATED: 02/03/2017
DefendantU.S. DEPARTMENT OF JUSTICE
DefendantUNITED STATES ATTORNEY
DefendantUNITED STATES ATTORNEY
TERMINATED: 02/03/2017
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [37]
Opinion/Order [51]
FOIA Project Annotation: Judge James Boasberg has ruled that the IRS has now shown that it conducted an adequate search for multiple FOIA requests filed by William Powell concerning taxes for Powell Printing, his family's business, and that because the agency provided the requested records for many of Powell's requests, those claims are now moot. Addressing the adequacy of the search, Boasberg indicated that the agency had sufficiently explained the elements of a reasonable search. Powell contended that certain records should have existed, but Boasberg noted that the agency's affidavit "even lays out the likely reasons why some documents were not located. It makes sense, for instance, that there was only one transcript available for the Estate of William A. Powell �" for the tax year after his death when the estate tax was filed. And the lack of [certain other specific types of] transcripts is reasonable, [the agency] explains, because Powell seeks transcripts for tax years so long past that there are likely no more active accounts for those years and, consequently, no [specific] transcripts." He added that the agency's "declaration thus contains three essential statements that courts require: the search terms used, the database or location searched, and an averment that all locations likely to contain responsive records were searched." Rejecting Powell's arguments, Boasberg observed that 'most of his contentions about the adequacy of the search terms, however, are based solely on speculation that hidden documents and information exist." Boasberg added that "plaintiff attempts to establish 'positive indications of overlooked materials,' but these arguments �" that the IRS has repeatedly changed the filing requirements for partnerships, corporations, and estates in order to conceal records, and that, if complete transcripts for an entity were found, specific ones exist and should have been located as well �" are unsupported guesses."
Issues: Adequacy - Search, Litigation - Jurisdiction - Moot
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-08-171COMPLAINT against INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY filed by WILLIAM E. POWELL. (Attachments: # 1 Civil Cover Sheet)(td) Modified on 9/6/2016 to seal due to un-redacted SSN's (ztd). (Entered: 08/18/2016)
2016-08-172MOTION for Leave to Proceed in forma pauperis by WILLIAM E. POWELL (td) (Entered: 08/18/2016)
2016-08-17ORDER granting 2 Motion for Leave to Proceed in forma pauperis FIAT. Signed by Judge Christopher R. Cooper on 8/16/16. (td) (Entered: 08/18/2016)
2016-08-193SUMMONS (5) Issued as to INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY(Detroit, Michigan Office), U.S. Attorney and U.S. Attorney General (md) (Entered: 08/19/2016)
2016-08-254MOTION for CM/ECF Password by WILLIAM E. POWELL (td) (Entered: 08/26/2016)
2016-08-255MOTION To Allow Plaintiff to Substitute Exhibit H in Plaintiff's Complaint by WILLIAM E. POWELL (td) (Entered: 08/26/2016)
2016-08-256MOTION to Have U.S. Marshal Serve All Defendants by WILLIAM E. POWELL (td) (Entered: 08/26/2016)
2016-08-26MINUTE ORDER: The Court ORDERS that Plaintiff's 4 Motion for CM/ECF Password is GRANTED provided that he satisfies any training required by the Clerk's Office. Signed by Judge James E. Boasberg on 8/26/16. (lcjeb3) (Entered: 08/26/2016)
2016-08-26MINUTE ORDER granting 5 Motion. The Court ORDERS that Plaintiff may substitute documents filed as Exhibit H with corrected documents. Signed by Judge James E. Boasberg on 8/26/16. (lcjeb3) (Entered: 08/26/2016)
2016-08-267Exhibit H by WILLIAM E. POWELL re Order on Motion for Order, 1 Complaint (td) (Entered: 08/29/2016)
2016-08-268RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/24/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 9/23/2016.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/24/16., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. INTERNAL REVENUE SERVICE served on 8/24/2016; U.S. DEPARTMENT OF JUSTICE served on 8/24/2016; UNITED STATES ATTORNEY served on 8/24/2016 (td) (Entered: 08/29/2016)
2016-08-29MINUTE ORDER: Given that Plaintiff has been granted IFP status, the Court ORDERS that his 6 Motion is GRANTED, and the Clerk shall direct the USMS to perform service on all Defendants. Signed by Judge James E. Boasberg on 08/29/2016. (lcjeb3) (Entered: 08/29/2016)
2016-09-059REDACTED DOCUMENT- REDACTED EXHIBITS to 1 Complaint SUBSTITUTE REDACTED EXHIBIT "M" by WILLIAM E. POWELL. (Attachments: # 1 Exhibit, # 2 Exhibit)(POWELL, WILLIAM) (Entered: 09/05/2016)
2016-09-0610MOTION to Amend/Correct 9 Redacted Document Corrected Motion and redacted documents by WILLIAM E. POWELL (Attachments: # 1 Exhibit, # 2 Exhibit)(POWELL, WILLIAM) (Entered: 09/06/2016)
2016-09-06MINUTE ORDER: The Court GRANTS 10 Plaintiff's Motion to Amend/Correct 9 . Signed by Judge James E. Boasberg on 09/06/16. (lcjeb3) (Entered: 09/06/2016)
2016-09-2311MOTION for Extension of Time to File Answer by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Hunsader, Joseph) (Entered: 09/23/2016)
2016-09-2312MEMORANDUM IN OPPOSITION re 11 MOTION for Extension of Time to File Answer to Plaintiff Complaint filed by WILLIAM E. POWELL. (POWELL, WILLIAM) Modified text on 9/26/2016 (td). (Entered: 09/23/2016)
2016-09-23MINUTE ORDER granting 11 Motion for Extension of Time to File. The Court ORDERS that Defendants shall file their response to Plaintiff's Complaint on or before October 24, 2016. Signed by Judge James E. Boasberg on 09/23/2016. (lcjeb3) (Entered: 09/23/2016)
2016-09-26Set/Reset Deadline: Defendants shall file their response to Plaintiff's Complaint on or before 10/24/2016. (ad) (Entered: 09/26/2016)
2016-09-2713NOTICE of Appearance by Joycelyn S. Peyton on behalf of All Defendants (Peyton, Joycelyn) (Main Document 13 replaced on 9/28/2016) (ztd). (Entered: 09/27/2016)
2016-10-2414ANSWER to Complaint by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY.(Peyton, Joycelyn) (Entered: 10/24/2016)
2016-10-2415CERTIFICATE OF SERVICE by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY re 14 Answer to Complaint . (Peyton, Joycelyn) (Entered: 10/24/2016)
2016-10-25MINUTE ORDER: The Court ORDERS that by November 8, 2016, the parties shall confer and submit a joint proposed briefing schedule. Signed by Judge James E. Boasberg on 10/25/16. (lcjeb3) (Entered: 10/25/2016)
2016-10-25Set/Reset Deadline: By 11/08/2016, the parties shall confer and submit a joint proposed briefing schedule. (ad) (Entered: 10/25/2016)
2016-11-0816WITHDRAWN PURSUANT TO NOTICE FILED 11/8/2016.....NOTICE Removal of initial complaint Docket 1 by WILLIAM E. POWELL (Attachments: # 1 Exhibit)(POWELL, WILLIAM) Modified on 11/8/2016 (zrdj). Modified on 11/9/2016 (znmw). (Entered: 11/08/2016)
2016-11-0817WITHDRAWN PURSUANT TO NOTICE FILED 11/8/2016.....PROPOSED BRIEFING SCHEDULE re Set/Reset Deadlines Plaintiff Proposed Briefing Schedule by WILLIAM E. POWELL. (POWELL, WILLIAM) Modified on 11/9/2016 (znmw). (Entered: 11/08/2016)
2016-11-0818NOTICE TO WITHDRAWL DOCKET 16 AND 17 by WILLIAM E. POWELL re 16 Notice (Other), 17 Proposed Briefing Schedule (POWELL, WILLIAM) (Entered: 11/08/2016)
2016-11-0819PROPOSED BRIEFING SCHEDULE by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY. (Attachments: # 1 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 11/08/2016)
2016-11-0920SCHEDULING ORDER: The Court ORDERS that the following schedule shall govern further proceedings: 1) Defendants' motion for summary judgment or other dispositive motion shall be due by January 4, 2017; 2) Plaintiff's opposition/cross-motion for summary judgment shall be due by February 1, 2017; 3) Defendants' opposition/reply brief shall be due by February 22, 2017. Signed by Judge James E. Boasberg on 11/09/2016. (lcjeb3) (Entered: 11/09/2016)
2016-11-09Set/Reset Deadlines: Defendants' motion for summary judgment or other dispositive motion shall be due by 1/04/2017; Plaintiff's opposition/cross-motion for summary judgment shall be due by 2/01/2017; Defendants' opposition/reply brief shall be due by 2/22/2017. (ad) (Entered: 11/09/2016)
2017-01-0421MOTION to Dismiss for Lack of Jurisdiction by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 01/04/2017)
2017-01-0522ORDER directing Plaintiff to respond to 21 Defendants' Motion to Dismiss no later than January 26, 2017. Signed by Judge James E. Boasberg on 1/5/2017. (lcjeb3) (Entered: 01/05/2017)
2017-01-05Set/Reset Deadlines: Plaintiff response due by 1/26/2017 (nbn) (Entered: 01/05/2017)
2017-01-1023RESPONSE re 21 MOTION to Dismiss for Lack of Jurisdiction MOTION filed by WILLIAM E. POWELL. (POWELL, WILLIAM) (Entered: 01/10/2017)
2017-01-1924MOTION to Amend/Correct 14 Answer to Complaint by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY (Attachments: # 1 Memorandum in Support of Motion to Amend, # 2 Exhibit A, Amended Answer, # 3 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 01/19/2017)
2017-01-2425ORDER. The Court ORDERS that: (1) Defendants' 21 Motion to Dismiss is GRANTED; (2) Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE; and (3) Plaintiff must file an Amended Complaint by February 6, 2017, or the case will be dismissed without prejudice. Signed by Judge James E. Boasberg on 01/24/2017. (lcjeb3) Modified to add event title on 1/25/2017 (znmw). (Entered: 01/24/2017)
2017-01-24MINUTE ORDER: In light of the Court's 25 Order granting Defendants' Motion to Dismiss, the Court ORDERS that Defendants' 14 Motion to Amend/Correct its Answer is DENIED AS MOOT. Signed by Judge James E. Boasberg on 01/24/2017. (lcjeb3) (Entered: 01/24/2017)
2017-01-24Set/Reset Deadlines: Plaintiff must file an Amended Complaint by 2/6/2017. (nbn) (Entered: 01/24/2017)
2017-02-0426AMENDED COMPLAINT against All Defendants. (Attachments: # 1 Appendix, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit CONTINUATION OF EXHIBIT N, # 18 Exhibit CONTINUATION OF EXHIBIT N, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit, # 36 Exhibit, # 37 Exhibit, # 38 Exhibit, # 39 Exhibit, # 40 Exhibit, # 41 Exhibit, # 42 Exhibit, # 43 Exhibit, # 44 Exhibit, # 45 Exhibit, # 46 Exhibit, # 47 Exhibit, # 48 Exhibit, # 49 Exhibit, # 50 Exhibit, # 51 Exhibit, # 52 Exhibit, # 53 Exhibit, # 54 Exhibit)(POWELL, WILLIAM) (Entered: 02/04/2017)
2017-02-2127ANSWER to 26 Amended Complaint,,, by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY. Related document: 26 Amended Complaint,,,.(Peyton, Joycelyn) (Entered: 02/21/2017)
2017-02-22MINUTE ORDER: The Court ORDERS that the parties shall meet and confer and then submit a joint proposed briefing schedule by March 8, 2017. Signed by Judge James E. Boasberg on 2/22/2017. (lcjeb3) (Entered: 02/22/2017)
2017-02-22Set/Reset Deadlines: Joint Proposed Briefing due by 3/8/2017. (nbn) (Entered: 02/22/2017)
2017-03-0828PROPOSED BRIEFING SCHEDULE by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY. (Peyton, Joycelyn) (Entered: 03/08/2017)
2017-03-09MINUTE ORDER: Pursuant to the parties' Joint Proposed Briefing Schedule, the Court ORDERS that: (1) Defendant's motion for summary judgment, or other dispositive motion, shall be due on or before April 24, 2017; (2) Plaintiff's opposition/cross-motion for summary judgment shall be due on or before May 8, 2017; and (3) Defendant's opposition/reply brief shall be due on or before May 22, 2017. Signed by Judge James E. Boasberg on 3/9/2017. (lcjeb3) (Entered: 03/09/2017)
2017-03-09Set/Reset Deadlines: Summary Judgment motions due by 4/24/2017. Response to Motion for Summary Judgment due by 5/8/2017. Reply to Motion for Summary Judgment due by 5/22/2017. (nbn) (Entered: 03/09/2017)
2017-04-2429STRICKEN PURSUANT TO MINUTE ORDER FILED 4/25/2017..... MOTION to Dismiss for Failure to State a Claim by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY (Attachments: # 1 Memorandum in Support, # 2 Affidavit of Joy E. Gerdy Zogby, # 3 Text of Proposed Order)(Peyton, Joycelyn) Modified on 4/26/2017 (znmw). (Entered: 04/24/2017)
2017-04-2430Consent MOTION to Modify Briefing Schedule by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 04/24/2017)
2017-04-25MINUTE ORDER: The Court ORDERS that Defendants' 29 pleading is STRICKEN. Their Motion is entitled "Defendants' Motion to Dismiss Amended Complaint," but the supporting Memorandum is entitled "Memorandum in Support of Defendants' Motion for Leave to Amend Answer," so the Court has no idea which course Defendants seek to follow. Signed by Judge James E. Boasberg on 4/25/2017. (lcjeb3) (Entered: 04/25/2017)
2017-04-25MINUTE ORDER granting 30 Consent Motion to Modify Briefing Schedule. The Court ORDERS that: (1) Defendants' motion for summary judgment or other dispositive motion is due by April 24, 2017; (2) Plaintiff's opposition/cross-motion for summary judgment is due by May 8, 2017; (3) Defendants' opposition/reply brief is due by May 22, 2017; (4) Defendants will file a supplemental dispositive motion as to Count XII of the amended complaint by May 22, 2017; and (5) Plaintiff's opposition to Defendants' supplemental dispositive motion is due by June 8, 2017. Signed by Judge James E. Boasberg on 4/25/2017. (lcjeb3) (Entered: 04/25/2017)
2017-04-2531MOTION to Dismiss for Failure to State a Claim by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY (Attachments: # 1 Memorandum in Support, # 2 Affidavit of Joy E. Gerdy Zogby, # 3 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 04/25/2017)
2017-04-2532ORDER directing Plaintiff to respond to 31 Defendants' Motion to Dismiss no later than May 17, 2017. Signed by Judge James E. Boasberg on 4/25/2017. (lcjeb3) (Entered: 04/25/2017)
2017-04-25Set/Reset Deadlines: Response due by 5/17/2017. (nbn) (Entered: 04/25/2017)
2017-04-25Set/Reset Deadlines: Response due by 5/17/2017. (nbn) (Entered: 04/25/2017)
2017-05-0733Memorandum in opposition to re 31 MOTION to Dismiss for Failure to State a Claim MEMORANDUM OF POINT AND AUTHORITY IN SUPPORT OF OPPOSITION OF DEFENDANTS MOTION TO DISMISS filed by WILLIAM E. POWELL. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(POWELL, WILLIAM) (Entered: 05/07/2017)
2017-05-2234MOTION to Dismiss Count XII of the Amended Complaint , MOTION for Summary Judgment as to Count XII by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY (Attachments: # 1 Memorandum in Support, # 2 Declaration of William J. White, # 3 Declaration Joycelyn S. Peyton, # 4 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 05/22/2017)
2017-05-2635Memorandum in opposition to re 34 MOTION to Dismiss Count XII of the Amended Complaint MOTION for Summary Judgment as to Count XII filed by WILLIAM E. POWELL. (Attachments: # 1 Exhibit IMF OF William E Powell Transcript, # 2 Exhibit Continuation of Exhibit 1, # 3 Exhibit BMF Transcript, # 4 Exhibit BMF Transcript, # 5 Declaration Of William E. Powell)(POWELL, WILLIAM) (Entered: 05/26/2017)
2017-06-0936ORDER GRANTING IN PART and DENYING IN PART 31 Motion to Dismiss; GRANTING IN PART and DENYING IN PART 34 Motion to Dismiss; GRANTING IN PART and DENYING IN PART 34 Motion for Summary Judgment. The Court ORDERS that the parties shall meet, confer, and propose a further briefing schedule by June 30, 2017. Signed by Judge James E. Boasberg on 6/9/2017. (lcjeb1) (Entered: 06/09/2017)
2017-06-0937MEMORANDUM AND OPINION re 36 Order on Motions to Dismiss and/or Summary Judgment. Signed by Judge James E. Boasberg on 6/9/2017. (lcjeb1) (Entered: 06/09/2017)
2017-06-09Set/Reset Deadlines: Meet & Confer Statement due by 6/30/2017. (nbn) (Entered: 06/09/2017)
2017-06-3038WITHDRAWN PURSUANT TO DOCKET ENTRY NO. 39 . . . . .PROPOSED BRIEFING SCHEDULE (Joint) by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY. (Attachments: # 1 Text of Proposed Order)(Peyton, Joycelyn) Modified on 7/3/2017 (td). (Entered: 06/30/2017)
2017-06-3039WITHDRAWAL of Motion by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY re Proposed Briefing Schedule . (Peyton, Joycelyn) (Entered: 06/30/2017)
2017-06-3040PROPOSED BRIEFING SCHEDULE (Joint) by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY. (Attachments: # 1 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 06/30/2017)
2017-07-03MINUTE ORDER: Pursuant to the 40 Proposed Briefing Schedule, the Court ORDERS that (1) Defendants shall file their motion for summary judgment or other dispositive motion on or before August 29, 2017; (2) Plaintiff shall file his opposition and any cross-motion for summary judgment on or before September 20, 2017; (3) Defendants shall file any opposition to Plaintiff's cross-motion and their reply on or before October 4, 2017; and (4) Plaintiff shall file any reply in support his cross-motion on or before October 16, 2017. Signed by Judge James E. Boasberg on 7/3/17. (lcjeb2) (Entered: 07/03/2017)
2017-07-03Set/Reset Deadlines: Summary Judgment motions due by 8/29/2017. Response to Motion for Summary Judgment due by 9/20/2017. Reply to Motion for Summary Judgment due by 10/4/2017. Replies due by 10/16/2017. (nbn) (Entered: 07/03/2017)
2017-07-03Set/Reset Deadlines: Summary Judgment motions due by 8/29/2017. Response to Motion for Summary Judgment due by 9/20/2017. Reply to Motion for Summary Judgment due by 10/4/2017. Replies due by 10/16/2017. (znbn) (Entered: 07/07/2017)
2017-08-2941MOTION to Dismiss , MOTION for Summary Judgment by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Affidavit of W. White, # 8 Exhibit A to W. White Declaration, # 9 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 08/29/2017)
2017-08-3042ORDER directing Plaintiff to respond to 41 Defendant's Motion to Dismiss and for Summary Judgment no later than September 20, 2017. Signed by Judge James E. Boasberg on 8/30/2017. (lcjeb3) (Entered: 08/30/2017)
2017-08-30Set/Reset Deadlines: Responses due by 9/20/2017. (nbn) (Entered: 08/31/2017)
2017-09-14ENTERED IN ERROR.....MINUTE ORDER: The Court ORDERS that the Government shall file a status report by October 30, 2017, following which the Court will determine if the setting of a briefing schedule is then appropriate. Signed by Judge James E. Boasberg on 9/14/2017. (lcjeb2) Modified on 9/19/2017 (znbn). (Entered: 09/14/2017)
2017-09-14Set/Reset Deadlines: Status Report due by 10/30/2017. (nbn) (Entered: 09/14/2017)
2017-09-1843RESPONSE re 41 MOTION to Dismiss MOTION for Summary Judgment filed by WILLIAM E. POWELL. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(POWELL, WILLIAM) (Entered: 09/18/2017)
2017-09-1844MOTION to Amend/Correct 43 Response to motion by WILLIAM E. POWELL (Attachments: # 1 Exhibit)(POWELL, WILLIAM) (Entered: 09/18/2017)
2017-09-19MINUTE ORDER: The Court ORDERS that Plaintiff's 44 Motion to Amend is DENIED WITHOUT PREJUDICE for failure to comply with Local Rule 7(m). Signed by Judge James E. Boasberg on 9/19/2017. (lcjeb3) (Entered: 09/19/2017)
2017-09-1945MOTION to Amend/Correct 43 Response to motion by WILLIAM E. POWELL (Attachments: # 1 Statement of Facts, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(POWELL, WILLIAM) (Entered: 09/19/2017)
2017-09-19MINUTE ORDER GRANTING 45 Plaintiff's Motion to Amend his Response. Signed by Judge James E. Boasberg on 9/19/2017. (lcjeb3) (Entered: 09/19/2017)
2017-09-2046RESPONSE re 41 MOTION to Dismiss MOTION for Summary Judgment filed by WILLIAM E. POWELL. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(POWELL, WILLIAM) (Entered: 09/20/2017)
2017-10-0447REPLY to opposition to motion re 45 MOTION to Amend/Correct 43 Response to motion filed by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY. (Peyton, Joycelyn) (Entered: 10/04/2017)
2017-10-1648STRICKEN PURSUANT TO MINUTE ORDER FILED 10/17/17. . . . .REPLY to opposition to motion re 41 MOTION to Dismiss MOTION for Summary Judgment filed by WILLIAM E. POWELL. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(POWELL, WILLIAM) Modified on 10/17/2017 (ztd). (Entered: 10/16/2017)
2017-10-17MINUTE ORDER: The Court ORDERS that Plaintiff's pleading entitled "Reply" is STRICKEN. It is in actuality a sur-reply, which is not permitted absent leave of Court. So ORDERED by Judge James E. Boasberg on 10/17/2017. (lcjeb3) (Entered: 10/17/2017)
2017-10-1749MOTION for Leave to File Surreply to Defendants Motion to Dismiss and Summary Judgement filed by WILLIAM E. POWELL. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit Exhibit D1, # 7 Exhibit Continuation of Exhibit D1, # 8 Exhibit)(POWELL, WILLIAM) Modified event title on 10/18/2017 (znmw). (Entered: 10/17/2017)
2017-12-0450ORDER GRANTING 41 Defendants' Motion for Summary Judgment. Signed by Judge James E. Boasberg on 12/4/2017. (lcjeb3) (Entered: 12/04/2017)
2017-12-0451MEMORANDUM OPINION re 50 Motion for Summary Judgment. Signed by Judge James E. Boasberg on 12/4/2017. (lcjeb3) (Entered: 12/04/2017)
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