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Case TitleHohman v. Internal Revenue Service et al
DistrictEastern District of Michigan
CityDetroit
Case Number2:2016cv13282
Date Filed2016-09-12
Date Closed2018-05-18
JudgeDistrict Judge Victoria A. Roberts
PlaintiffJODI C HOHMAN
Case DescriptionJodi Hohman submitted a FOIA request to the IRS for records concerning two investigations conducted by the Treasury Inspector General for Tax Administration. The agency denied the request in part. Hohman appealed and the agency upheld its original decision. She then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantInternal Revenue Service
DefendantDepartment of the Treasury
DefendantDepartment of the Treasury
TERMINATED: 01/08/2018
DefendantTreasury Inspector General for Tax Administration
AppealSixth Circuit 18-1756
Documents
Docket
Complaint
Opinion/Order [23]
Opinion/Order [34]
Opinion/Order [35]
FOIA Project Annotation: A federal court in Michigan has ruled that Jodi Hohman is not entitled to attorney's fees for her suit against the IRS because she did not substantially prevail. Hohman requested her tax records and the agency told her that it was unable to respond within 20 days. After Hohman sued, the IRS told the court it could disclose Hohman's records by January 6, 2017, which it did. Hohman then claimed she was entitled to attorney's fees. The court disagreed, noting that "Hohman did not substantially prevail because the filing of the complaint was not reasonably necessary to obtain the requested records." The court explained that "a disclosure specialist began processing Hohman's request within a week of receipt. The IRS notified Hohman that it needed more time to locate responsive records and process her request. Moreover, contrary to Hohman's argument, the letter clearly indicated that the IRS was not denying the request. Rather, the IRS said it needed additional time because of the size of Hohman's request. This does not justify an award of attorney's fees." The court rejected Hohman's claim that its order memorializing the IRS's intention to disclose Hohman's records by January 6, 2017 was a change in the agency's position. Instead, the court observed that "that order simply memorialized a representation made by the IRS's counsel that it could produce the documents by January 6, 2017. That order was not a decision on the merits. If the IRS had declined to produce documents by January 6, 2017, the Court would have required the parties to brief the merits of the case before requiring the IRS to disclose all responsive documents."
Issues: Litigation - Attorney's fees - Prevailing party
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-09-121COMPLAINT filed by JODI C HOHMAN against All Defendants. Plaintiff requests summons issued. Receipt No: 0645-5865211 - Fee: $ 400. County of 1st Plaintiff: Genesee - County Where Action Arose: Genessee - County of 1st Defendant: USA. [ Previously dismissed case: No] [ Possible companion case(s): None ] (Falcone, Joseph) (Entered: 09/12/2016)
2016-09-132SUMMONS Issued for *Department of the Treasury* (DWor) (Entered: 09/13/2016)
2016-09-133SUMMONS Issued for *Internal Revenue Service* (DWor) (Entered: 09/13/2016)
2016-09-134SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (DWor) (Entered: 09/13/2016)
2016-09-13A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (DWor) (Entered: 09/13/2016)
2016-10-245ANSWER to Complaint with Affirmative Defenses by All Defendants. (Hoffman-Logsdon, Megan) (Entered: 10/24/2016)
2016-10-266NOTICE TO APPEAR: Scheduling Conference set for 12/8/2016 03:30 PM before District Judge Victoria A. Roberts SEE NOTICE FOR DETAILS (CPin) (Entered: 10/26/2016)
2016-10-277STANDING ORDER ON MOTIONS TO SEAL. Signed by District Judge Victoria A. Roberts. (CPin) (Entered: 10/27/2016)
2016-11-238DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Hoffman-Logsdon, Megan) (Entered: 11/23/2016)
2016-12-08Minute Entry for proceedings before District Judge Victoria A. Roberts: Scheduling Conference held on 12/8/2016 (CPin) (Entered: 12/09/2016)
2016-12-139STATEMENT of Companion Case by JODI C HOHMAN (Falcone, Joseph) (Entered: 12/13/2016)
2016-12-1410ORDER. Scheduling Conference set for 1/18/2017 at 9:30 AM before District Judge Victoria A. Roberts. (see image for details and dates) Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 12/14/2016)
2017-01-1311NOTICE by All Defendants re 10 Order, Set Deadlines/Hearings of Status Report (Hoffman-Logsdon, Megan) (Entered: 01/13/2017)
2017-01-13Set Deadlines/Hearings: Scheduling Conference reset for 1/18/2017 at 2:00 PM before District Judge Victoria A. Roberts. PLEASE NOTE THIS IS A TIME CHANGE ONLY. (LVer) (Entered: 01/13/2017)
2017-01-18Minute Entry for proceedings before District Judge Victoria A. Roberts: Telephonic Scheduling Conference held on 1/18/2017 (CPin) (Entered: 01/27/2017)
2017-01-2712SCHEDULING ORDER: Dispositive Motion Cut-off set for 2/28/2017 Signed by District Judge Victoria A. Roberts. (Refer to image for additional dates) (LVer) (Entered: 01/27/2017)
2017-01-2713CORRECTED SCHEDULING ORDER: Dispositive Motion Cut-off set for 2/28/2017. Signed by District Judge Victoria A. Roberts. (Refer to image for additional dates) (LVer) (Entered: 01/27/2017)
2017-02-2814(STRICKEN - REPLACED BY 15 MOTION for Summary Judgment by All Defendants. (Attachments: # 1 Statement of Undisputed Material Facts, # 2 Exhibit Declaration of Jeremy Woods, # 3 Exhibit Declaration of Joseph Maher, # 4 Exhibit Declaration of Monica Frye, # 5 Exhibit Declaration of Elissa Sissman, # 6 Text of Proposed Order) (Hoffman-Logsdon, Megan) Modified on 3/10/2017 (CPin). (Entered: 02/28/2017)
2017-03-0915MOTION for Summary Judgment by All Defendants. (Attachments: # 1 Statement of Undisputed Material Facts, # 2 Text of Proposed Order, # 3 Index of Exhibits, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4) (Hoffman-Logsdon, Megan) (Entered: 03/09/2017)
2017-03-10TEXT-ONLY ORDER to Strike. Motion: 14 MOTION for Summary Judgment filed by Department of the Treasury, Internal Revenue Service. Replaced by 15 Motion for Summary Judgment Signed by District Judge Victoria A. Roberts. (CPin) (Entered: 03/10/2017)
2017-03-2116RESPONSE to 15 MOTION for Summary Judgment filed by JODI C HOHMAN. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A- Center for Public Integrity v. U.S. Dept of Energy, # 3 Exhibit B- Declarations of Chung and Eadie) (Falcone, Joseph) (Entered: 03/21/2017)
2017-04-0417REPLY to Response re 15 MOTION for Summary Judgment filed by All Defendants. (Attachments: # 1 Appendix) (Hoffman-Logsdon, Megan) (Entered: 04/04/2017)
2017-04-0518SUPPLEMENTAL BRIEF re 17 Reply to Response to Motion and Objecton to Defendants' Brief filed by JODI C HOHMAN. (Falcone, Joseph) (Entered: 04/05/2017)
2017-04-0619ORDER REFERRING MOTION to Magistrate Judge Mona K. Majzoub: 15 Defendant's Motion for Summary Judgment. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 04/06/2017)
2017-04-11TEXT-ONLY ORDER to Strike 18 Supplemental Brief filed by JODI C HOHMAN. (Document does not conform with Fed.R.Civ.P.15. Therefore Plaintiff's Supplemental Brief is Stricken and not deemed a part of this record) - Signed by Magistrate Judge Mona K. Majzoub. (LBar) (Entered: 04/11/2017)
2017-04-11TEXT-ONLY ORDER to Strike 17 Reply to Response to Motion filed by Department of the Treasury, Internal Revenue Service. (Document fails to comply with EDMI Local Rule 7.1(d)(3)(B). Therefore this Document Stricken and not deem a part of this record) - Signed by Magistrate Judge Mona K. Majzoub. (LBar) (Entered: 04/11/2017)
2017-04-1120Notice of Determination of Motion Without Oral Argument re 15 MOTION for Summary Judgment (LBar) (Entered: 04/11/2017)
2017-04-11CORRECTED TEXT-ORDER to Strike 18 Supplemental Brief filed by JODI C HOHMAN. (Document fails to comply with EDMI Local Rule 7.1(g). Therefore this document Stricken and not a part of this record) - Signed by Magistrate Judge Mona K. Majzoub. (LBar) (Entered: 04/11/2017)
2017-04-1221REPLY to Response re 15 MOTION for Summary Judgment filed by Internal Revenue Service. (Attachments: # 1 Appendix) (Hoffman-Logsdon, Megan) (Entered: 04/12/2017)
2017-12-1822REPORT AND RECOMMENDATION re 15 MOTION for Summary Judgment filed by Department of the Treasury, Internal Revenue Service - Signed by Magistrate Judge Mona K. Majzoub. (LHos) (Entered: 12/18/2017)
2018-01-0823ORDER adopting 22 Report and Recommendation. Signed by District Judge Victoria A. Roberts. (DPer) (Entered: 01/09/2018)
2018-01-09Set Deadlines/Hearings: TELEPHONIC Status Conference set for 1/16/2018 at 4:00 PM before District Judge Victoria A. Roberts. The Court will initiate the call. (LVer) (Entered: 01/09/2018)
2018-01-16Minute Entry for proceedings before District Judge Victoria A. Roberts: Telephonic Status Conference held on 1/16/2018 (CPin) (Entered: 01/17/2018)
2018-01-1824ORDER. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 01/18/2018)
2018-01-3125MOTION for Attorney Fees Against IRS by JODI C HOHMAN. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Declaration of Joseph Falcone) (Falcone, Joseph) (Entered: 01/31/2018)
2018-02-0226ORDER to Strike 25 MOTION for Attorney Fees. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 02/02/2018)
2018-02-0227MOTION for Attorney Fees and Brief in Support by JODI C HOHMAN. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Declaration of Joseph Falcone) (Falcone, Joseph) (Entered: 02/02/2018)
2018-02-1628MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Attorney Fees and Brief in Support by Internal Revenue Service. (Attachments: # 1 Proposed Order) (Hoffman-Logsdon, Megan) (Entered: 02/16/2018)
2018-02-20TEXT-ONLY ORDER Granting 28 Motion for Extension of Time to File Response as to 27 Motion for Attorney Fees. Response due 2/22/18. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 02/20/2018)
2018-02-2229RESPONSE to 27 MOTION for Attorney Fees and Brief in Support filed by Internal Revenue Service. (Attachments: # 1 Index of Authorities, # 2 Index of Exhibits, # 3 Declaration, # 4 Exhibit A to Declaration, # 5 Proposed Order) (Hoffman-Logsdon, Megan) (Entered: 02/22/2018)
2018-02-2330ERRATA Sheet re: 27 MOTION for Attorney Fees and Brief in Support filed by JODI C HOHMAN, 29 Response to Motion, filed by Internal Revenue Service. by Internal Revenue Service (Attachments: # 1 Corrected Document) (Hoffman-Logsdon, Megan) (Entered: 02/23/2018)
2018-03-0131REPLY to Response re 27 MOTION for Attorney Fees and Brief in Support filed by JODI C HOHMAN. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Open Government Act of 2007) (Falcone, Joseph) (Entered: 03/01/2018)
2018-04-1732MOTION re 24 Order by Treasury Inspector General for Tax Administration. (Attachments: # 1 Proposed Order) (Hoffman-Logsdon, Megan) (Entered: 04/17/2018)
2018-04-1733NOTICE by Treasury Inspector General for Tax Administration re 24 Order (Hoffman-Logsdon, Megan) (Entered: 04/17/2018)
2018-05-1634ORDER Denying 27 Plaintiff's Motion for Attorney Fees. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 05/16/2018)
2018-05-1835ORDER granting TIGTA'S 32 Motion for In Camera Review and Summary Judgment. Signed by District Judge Victoria A. Roberts. (CPin) (Entered: 05/18/2018)
2018-05-1836JUDGMENT in favor of Defendants against Plaintiff Signed by District Judge Victoria A. Roberts. (CPin) (Entered: 05/18/2018)
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by FOIA Project Staff