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Case TitleDAILY CALLER NEWS FOUNDATION et al v. INTERNAL REVENUE SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv02232
Date Filed2016-11-10
Date Closed2017-06-08
JudgeJudge Rudolph Contreras
PlaintiffDAILY CALLER NEWS FOUNDATION
PlaintiffCAUSE OF ACTION INSTITUTE
Case DescriptionThe Daily Caller News Foundation submitted a FOIA request to the IRS for records concerning the Clinton Foundation. The IRS administratively closed the request because the tax returns for a non-profit organization were publicly available without a FOIA request and because other information might be protected by Exemption 3 (other statutes). Daily Caller News Foundation filed an administrative appeal of the closure of its request, arguing that the agency was required to search for and process records other than the publicly available tax return. The agency denied Daily Caller News Foundation's appeal, noting that the remaining information was protected as third-party tax return information and the disclosure specialist who processed the request had not actually denied any information. Cause of Action Institute submitted a FOIA request to the IRS on behalf of Daily Caller News Foundation for records on the Clinton Foundation. The agency acknowledged receipt of the request, but had not responded when the Daily Caller New Foundation and Cause of Action Institute filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Adequacy - Search

DefendantINTERNAL REVENUE SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-11-101COMPLAINT against INTERNAL REVENUE SERVICE ( Filing fee $ 400 receipt number 0090-4740370) filed by DAILY CALLER NEWS FOUNDATION, CAUSE OF ACTION INSTITUTE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Civil Cover Sheet, # 8 Summons IRS, # 9 Summons AG, # 10 Summons Clerk)(Valvo, Russel) (Entered: 11/10/2016)
2016-11-102Corporate Disclosure Statement by CAUSE OF ACTION INSTITUTE, DAILY CALLER NEWS FOUNDATION. (Valvo, Russel) (Entered: 11/10/2016)
2016-11-10Case Assigned to Judge Rudolph Contreras. (sb) (Entered: 11/10/2016)
2016-11-103SUMMONS (3) Issued Electronically as to INTERNAL REVENUE SERVICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(sb) (Entered: 11/10/2016)
2016-11-214NOTICE of Appearance by Lee A. Steven on behalf of CAUSE OF ACTION INSTITUTE, DAILY CALLER NEWS FOUNDATION (Steven, Lee) (Entered: 11/21/2016)
2016-11-215RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/18/2016. (Valvo, Russel) (Entered: 11/21/2016)
2016-11-216RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/21/2016. Answer due for ALL FEDERAL DEFENDANTS by 12/21/2016. (Valvo, Russel) (Entered: 11/21/2016)
2016-11-217RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. INTERNAL REVENUE SERVICE served on 11/17/2016 (Valvo, Russel) (Entered: 11/21/2016)
2016-11-258NOTICE of Appearance by Kieran O'Neill Carter on behalf of INTERNAL REVENUE SERVICE (Carter, Kieran) (Entered: 11/25/2016)
2016-12-139MOTION for Extension of Time to File Answer re 1 Complaint, by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(Carter, Kieran) (Entered: 12/13/2016)
2016-12-13MINUTE ORDER granting 9 Defendant's Motion for Extension of Time: It is hereby ORDERED that Defendant shall file its response to the complaint on or before January 20, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 12/13/2016. (lcrc1) (Entered: 12/13/2016)
2016-12-1310AMENDED COMPLAINT against INTERNAL REVENUE SERVICE filed by DAILY CALLER NEWS FOUNDATION, CAUSE OF ACTION INSTITUTE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Valvo, Russel) (Entered: 12/13/2016)
2017-01-2011ANSWER to 10 Amended Complaint, by INTERNAL REVENUE SERVICE. Related document: 10 Amended Complaint, filed by DAILY CALLER NEWS FOUNDATION, CAUSE OF ACTION INSTITUTE.(Carter, Kieran) (Entered: 01/20/2017)
2017-01-23MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and submit a proposed briefing schedule on or before February 7, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 1/23/17. (lcrc1) (Entered: 01/23/2017)
2017-02-0712Joint STATUS REPORT and Proposed Schedule by INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 02/07/2017)
2017-02-07MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and submit a joint status report on or before March 2, 2017. The joint status report shall update the Court on Defendant's progress relating to Count II. The joint status report shall also either address Defendant's proposed timeframe for a search on Count I or propose a briefing schedule for Count I. SO ORDERED. Signed by Judge Rudolph Contreras on 2/7/2017. (lcrc1) (Entered: 02/07/2017)
2017-02-09Set/Reset Deadlines: Status Report due by 3/2/2017 (tj) (Entered: 02/09/2017)
2017-03-0213PROPOSED BRIEFING SCHEDULE and Status Report by INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 03/02/2017)
2017-03-02SCHEDULING MINUTE ORDER adopting 13 Joint Status Report and Proposed Schedule: It is hereby ORDERED that Defendant shall file its dispositive motion on or before May 5, 2017; Plaintiffs shall file any cross-motion or opposition on or before May 26, 2017; Defendant shall file any opposition or reply on or before June 9, 2017; and Plaintiffs shall file any reply on or before June 23, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 3/2/2017. (lcrc1) (Entered: 03/02/2017)
2017-05-0514Unopposed MOTION to Stay re Order, by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(Carter, Kieran) (Entered: 05/05/2017)
2017-05-05MINUTE ORDER granting 14 Defendant's Unopposed Motion to Stay Briefing Schedule: It is hereby ORDERED that the briefing schedule set forth in this Court's Minute Order of March 2, 2017 is STAYED. It is FURTHER ORDERED that the parties shall meet, confer, and submit a joint status report on or before May 12, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 5/5/2017. (lcrc1) (Entered: 05/05/2017)
2017-05-1215Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 05/12/2017)
2017-05-12SCHEDULING MINUTE ORDER adopting 15 Joint Status Report and Proposed Schedule: It is hereby ORDERED that the briefing schedule set forth in this Court's minute order of March 2, 2017 is VACATED. It is FURTHER ORDERED that Defendant shall file its dispositive motion on or before May 19, 2017; Plaintiffs shall file any cross-motion or opposition on or before June 9, 2017; Defendant shall file any opposition or reply on or before June 23, 2017; and Plaintiffs shall file any reply on or before July 7, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 5/12/2017. (lcrc1) (Entered: 05/12/2017)
2017-05-12Set/Reset Deadlines: Cross Motions due by 6/9/2017. Response to Cross Motions due by 6/23/2017. Reply to Cross Motions due by 7/7/2017. Dispositive Motions due by 5/19/2017. Response to Dispositive Motions due by 6/9/2017. Reply to Dispositive Motions due by 6/23/2017. (tj) (Entered: 05/12/2017)
2017-05-1916MOTION to Dismiss , or in the Alternative , MOTION for Summary Judgment by INTERNAL REVENUE SERVICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Athena Amparano, # 4 Declaration of Amy Mielke, # 5 Exhibit A - Request for Records, # 6 Exhibit B - IRS Letter to DCNF, # 7 Exhibit C - Form 4506-A Request, # 8 Exhibit D - Letter 1 to COAI, # 9 Exhibit E - Letter 2 to COAI, # 10 Text of Proposed Order)(Carter, Kieran) (Entered: 05/19/2017)
2017-05-2517STIPULATION of Dismissal, Joint by CAUSE OF ACTION INSTITUTE. (Valvo, Russel) (Entered: 05/25/2017)
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by FOIA Project Staff