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Case TitleWATERMAN v. INTERNAL REVENUE SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv01823
Date Filed2016-09-12
Date Closed2018-01-24
JudgeJudge Richard J. Leon
PlaintiffBRADLEY S. WATERMAN
Case DescriptionBradley Waterman submitted a FOIA request to the IRS for a report prepared by the agency concerning allegations that Waterman had engaged in improper conduct during his representation of a client before the IRS. The agency responded by indicating that it would withhold 20 pages from the report in full and two pages with redactions. Waterman appealed the denial, which was upheld by the agency. Waterman then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantINTERNAL REVENUE SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [30]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-09-121COMPLAINT against INTERNAL REVENUE SERVICE ( Filing fee $ 400 receipt number 0090-4670241) filed by BRADLEY S. WATERMAN. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Boss, L.) (Entered: 09/12/2016)
2016-09-12Case Assigned to Judge Richard J. Leon. (jd) (Entered: 09/15/2016)
2016-09-152SUMMONS (1) Issued Electronically as to INTERNAL REVENUE SERVICE. (Attachment: # 1 Consent Forms)(jd) (Entered: 09/15/2016)
2016-09-163ENTERED IN ERROR.....REQUEST FOR SUMMONS TO ISSUE filed by BRADLEY S. WATERMAN.(Boss, L.) Modified on 9/19/2016 (znmw). (Entered: 09/16/2016)
2016-09-19NOTICE OF ERROR re 3 Request for Summons to Issue; emailed to bboss@cozen.com, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Incorrect summonses submitted; Please resubmit corrected FOIA summones. (znmw, ) (Entered: 09/19/2016)
2016-09-194REQUEST FOR SUMMONS TO ISSUE filed by BRADLEY S. WATERMAN.(Boss, L.) (Entered: 09/19/2016)
2016-09-205SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (znmw) (Entered: 09/20/2016)
2016-09-306RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. INTERNAL REVENUE SERVICE served on 9/19/2016 (Attachments: # 1 Exhibit 1)(Boss, L.) (Entered: 09/30/2016)
2016-09-307RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/26/2016. Answer due for ALL FEDERAL DEFENDANTS by 10/26/2016. (Attachments: # 1 Exhibit 1)(Boss, L.) (Entered: 09/30/2016)
2016-09-308RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/26/2016. (Attachments: # 1 Exhibit 1)(Boss, L.) (Entered: 09/30/2016)
2016-10-069STANDING ORDER. Signed by Judge Richard J. Leon on 10/06/16. (lcrjl1) (Entered: 10/06/2016)
2016-10-0710NOTICE of Appearance by Joycelyn S. Peyton on behalf of All Defendants (Peyton, Joycelyn) (Entered: 10/07/2016)
2016-10-2511Consent MOTION for Extension of Time to File Answer re 1 Complaint by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 10/25/2016)
2016-10-26MINUTE ORDER: Upon consideration of Defendant's Motion for Extension of Time to Answer or Otherwise Respond to Complaint 11 , it is hereby ORDERED that the Motion is GRANTED and that defendant shall answer or otherwise respond to plaintiff's Complaint 1 on or before 11/28/16. It is further ORDERED that the parties will file their Joint Meet and Confer Statement on or before 01/13/17. Signed by Judge Richard J. Leon on 10/26/16. (lcrjl1) (Entered: 10/26/2016)
2016-10-27Set/Reset Deadlines: Answer due by 11/28/2016, Meet & Confer Statement due by 1/13/2017. (tb) (Entered: 10/27/2016)
2016-11-2812ANSWER to Complaint by INTERNAL REVENUE SERVICE.(Peyton, Joycelyn) (Entered: 11/28/2016)
2016-12-2813RESPONSE TO ORDER OF THE COURT re 9 Order Joint Statement Pursuant to the Court's Order Dated October 6, 2016 filed by BRADLEY S. WATERMAN. (Attachments: # 1 Text of Proposed Order)(Boss, L.) (Entered: 12/28/2016)
2016-12-3014SCHEDULING ORDER: Defendant shall file its Motion for Summary Judgment and Vaughn Index by 3/15/2017; Plaintiff shall file its combined Opposition to Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment by 4/17/2017; Defendant shall file its combined Opposition to Plaintiff's Cross-Motion for Summary Judgment and Reply in support of its Motion for Summary Judgment by 5/1/2017; Plaintiff shall file its Reply in support of its Cross-Motion for Summary Judgment by 5/15/2017. Signed by Judge Richard J. Leon on 12/28/2016. (jth) (Entered: 12/30/2016)
2017-03-1515MOTION for Extension of Time to File Dispositive Motion by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 03/15/2017)
2017-04-07MINUTE ORDER: Upon consideration of defendant's Motion for Extension of Time to File Dispositive Motion 15 , it is hereby ORDERED that the Motion is GRANTED nunc pro tunc, and it is further ORDERED that the following schedule shall govern the filing of dispositive motions: (1) defendant's motion for summary judgment and Vaughn Index shall be filed on or before 04/27/17; (2) plaintiff's combined opposition and cross-motion for summary judgment shall be filed on or before 06/12/17; (3) defendant's combined reply and opposition to plaintiff's cross-motion shall be filed on or before 06/26/17; and (4) plaintiff's reply in support of its cross-motion shall be filed on or before 07/11/17. Signed by Judge Richard J. Leon on 04/07/17. (lcrjl1) (Entered: 04/07/2017)
2017-04-2716Consent MOTION for Extension of Time to File Dispositive Motion by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 04/27/2017)
2017-05-0117ORDER Granting 16 Defendant's Second Motion for Extension of Time to File Dispositive Motions. The deadlines are extended as follows: Defendant's Motion for Summary Judgment and Vaughn Index are due by 6/12/2017; Plaintiff's Combined Opposition to Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment is due by 7/13/2017; Defendant's Combined Opposition to Plaintiff's Cross-Motion for Summary Judgment and Reply in support of its Motion for Summary Judgment is due by 7/28/2017; Plaintiff's Reply in support of its Cross-Motion for Summary Judgment by 8/14/2017. Signed by Judge Richard J. Leon on 4/28/2017. (jth) (Entered: 05/01/2017)
2017-06-1218MOTION for Summary Judgment as to Count II , MOTION to Dismiss as to Count I by INTERNAL REVENUE SERVICE (Attachments: # 1 Memorandum in Support of Motion to Dismiss and Summary Judgment, # 2 Declaration of B. Herring, # 3 Declaration of K. Ott, # 4 Declaration of E. Rawlins, # 5 Vaughn Index, # 6 Statement of Facts, # 7 Exhibit A, # 8 Exhibit B, # 9 Exhibit C, # 10 Exhibit D, # 11 Exhibit E, # 12 Exhibit F, # 13 Exhibit G, # 14 Exhibit H)(Peyton, Joycelyn) (Entered: 06/12/2017)
2017-07-1219Consent MOTION for Extension of Time to File combined Opposition to Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment by BRADLEY S. WATERMAN (Attachments: # 1 Text of Proposed Order)(Boss, L.) (Entered: 07/12/2017)
2017-07-1420ORDER Granting 19 Plaintiff's Consent Motion for Extension of Time to File. The deadlines shall be extended as follows: Plaintiff's combined Opposition to Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment is due by 8/14/2017; Defendant's combined Reply in support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment is due by 8/28/2017; Plaintiff's Reply in support of its Cross-Motion for Summary Judgment is due by 9/13/2017. Signed by Judge Richard J. Leon on 7/14/2017. (jth) (Entered: 07/17/2017)
2017-08-0221Consent MOTION for Extension of Time to File combined Opposition to Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment by BRADLEY S. WATERMAN (Attachments: # 1 Text of Proposed Order)(Boss, L.) (Entered: 08/02/2017)
2017-08-0722ORDER. The Court having considered Plaintiff's 21 Consent Motion for Extension of Time, it is ORDERED that Plaintiff's 21 Consent Motion for Extension of Time is GRANTED; and it is further ORDERED, that the motion deadlines shall be extended as follows: Plaintiff's combined Opposition to Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment is now due by 9/13/2017; Defendant's combined Opposition to Plaintiff's Cross-Motion for Summary Judgment and Reply in support of its Motion for Summary Judgment is due by 9/27/2017; Plaintiff's Reply in support of its Cross-Motion for Summary Judgment is due by 10/13/2017. Signed by Judge Richard J. Leon on 8/5/2017. (jth) (Entered: 08/07/2017)
2017-09-1323STIPULATION of Dismissal of Count I with Prejudice by BRADLEY S. WATERMAN. (Boss, L.) (Entered: 09/13/2017)
2017-09-1324Cross MOTION for Summary Judgment by BRADLEY S. WATERMAN (Attachments: # 1 Exhibit A, # 2 Declaration of B. Waterman, # 3 Text of Proposed Order)(Boss, L.) (Entered: 09/13/2017)
2017-09-1325Memorandum in opposition to re 18 MOTION for Summary Judgment as to Count II MOTION to Dismiss as to Count I filed by BRADLEY S. WATERMAN. (See Docket Entry 24 to view document). (nmw) (Entered: 09/14/2017)
2017-09-2726REPLY to opposition to motion re 18 MOTION for Summary Judgment filed by INTERNAL REVENUE SERVICE. (Peyton, Joycelyn) Modified on 9/28/2017 to correct linkage (zrdj). (Entered: 09/27/2017)
2017-09-2727Memorandum in opposition to re 24 Cross MOTION for Summary Judgment filed by INTERNAL REVENUE SERVICE. (Peyton, Joycelyn) (Entered: 09/27/2017)
2017-10-0228Consent MOTION for Extension of Time to File Response/Reply as to 24 Cross MOTION for Summary Judgment by BRADLEY S. WATERMAN (Attachments: # 1 Text of Proposed Order)(Boss, L.) (Entered: 10/02/2017)
2017-10-13MINUTE ORDER granting 28 Consent Motion for Extension of Time. It is hereby ORDERED that the Motion is GRANTED. Plaintiff shall file his reply in support of his cross-motion for summary judgment on or before October 27, 2017. SO ORDERED. Signed by Judge Richard J. Leon on 10/13/2017. (lcrjl1) (Entered: 10/13/2017)
2017-10-2429REPLY to opposition to motion re 24 Cross MOTION for Summary Judgment filed by BRADLEY S. WATERMAN. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Boss, L.) (Entered: 10/24/2017)
2018-01-2430MEMORANDUM OPINION. Signed by Judge Richard J. Leon on 01/24/2018. (jth) (Entered: 01/25/2018)
2018-01-2431ORDER for the reasons set forth in the Memorandum Opinion accompanying this Order, it is hereby ORDERED that, pursuant to the parties' 23 Joint Stipulation of Dismissal of Count I with Prejudice, Count I of plaintiff's complaint is DISMISSED; and it is further ORDERED that Defendant's 18 Motion for Summary Judgment on Count II is GRANTED; and it is further ORDERED that Plaintiff's 24 Cross-Motion for Summary Judgment on Count II is DENIED. SO ORDERED. Signed by Judge Richard J. Leon on 01/24/2018. (jth) (Entered: 01/25/2018)
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by FOIA Project Staff