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Case TitleKehmeier v. United States Department of Justice Tax Division
DistrictDistrict of Arizona
CityPhoenix Division
Case Number2:2016cv04257
Date Filed2016-12-06
Date Closed2017-02-21
JudgeMagistrate Judge David K Duncan
PlaintiffThomas L Kehmeier
Case DescriptionThomas Kehmeier submitted a FOIA request to the Department of Justice's Tax Division for records concerning statutes that gave the government the authority to prescribe tax tables and create computational procedures for measuring a tax. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Kehmeier filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUnited States Department of Justice Tax Division
Documents
Docket
Complaint
Opinion/Order [18]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-12-061COMPLAINT. Filing fee received: $ 400.00, receipt number PHX179478 filed by Thomas L Kehmeier.(BAS) (Entered: 12/07/2016)
2016-12-062REQUEST BY NON-PRISONER PRO SE PARTY FOR ELECTRONIC NOTICING filed by Thomas L Kehmeier. Pro se parties must promptly notify the Clerks Office, in writing, if there is a change in designated e-mail address or mailing address. (BAS) (Entered: 12/07/2016)
2016-12-063*Filing fee paid, receipt number PHX179478. This case has been assigned to the Honorable David K. Duncan. All future pleadings or documents should bear the correct case number: 2:16-cv-04257-DKD. Magistrate Election form attached. (Attachments: # 1 Instructions)(BAS) *Modified case number in docket text to include judge on 12/8/2016 (SCH). (Entered: 12/07/2016)
2016-12-06Summons Issued as to United States Department of Justice Tax Division FOIA Officer, Loretta Lynch, United States Attorney General US Department of Justice, and John S. Leonardo, United States Attorney District of Arizona at case opening. (BAS) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Entered: 12/07/2016)
2016-12-064Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KGM) (Entered: 12/07/2016)
2017-01-035SERVICE EXECUTED filed by Thomas L Kehmeier: Declaration of Service re: summons/complaint as to United States Department of Justice Tax Division upon US Attorney General on 12/8/16. (DXD) (Entered: 01/04/2017)
2017-01-136*First MOTION for Extension of Time to File Answer or Otherwise Plead by United States Department of Justice Tax Division. (Attachments: # 1 Text of Proposed Order)(Sasarak, Stephanie) *Modified to correct motion type on 1/13/2017 (DXD). (Entered: 01/13/2017)
2017-01-137ORDER granting 6 Motion for Extension of Time to Answer. Defendant's response to Plaintiff's Complaint is due no later than January 19, 2017. Signed by Magistrate Judge David K Duncan on 1/13/17.(DXD) (Entered: 01/13/2017)
2017-01-138Magistrate Election Form Deadline set as to United States Department of Justice Tax Division. (Attachments: # 1 Consent Form)(MAP) (Entered: 01/17/2017)
2017-01-199*MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by United States Department of Justice Tax Division. (Sasarak, Stephanie). *Modified to add motion on 2/2/2017 (DXD). (Entered: 01/19/2017)
2017-01-3110ORDER directing Plaintiff to file with the Clerk of the Court and serve on opposing counsel a responsive memorandum to Defendants Motion to Dismiss for Lack of Subject Matter Jurisdiction (Doc. 9 ) no later than February 2, 2017. Signed by Magistrate Judge David K Duncan on 1/31/17. (DXD) (Entered: 01/31/2017)
2017-02-0111Order that United States Department of Justice Tax Division show cause for failure to comply with LRCiv 3.7(b) before Judge G Murray Snow. Show Cause Hearing set for 2/27/2017 at 04:30 PM before Judge G Murray Snow. (Attachments: # 1 Instructions, # 2 Consent Form)(MAP) (Entered: 02/01/2017)
2017-02-0212SERVICE EXECUTED filed by Thomas L Kehmeier: Declaration of Service re: summons/complaint in care of FOIA Officer upon United States Department of Justice Tax Division on 12/13/16. (DXD) (Entered: 02/02/2017)
2017-02-0213SERVICE EXECUTED filed by Thomas L Kehmeier: Declaration of Service re: summons/complaint as to US Attorney General re: United States Department of Justice Tax Division on 12/14/16. (DXD) (Entered: 02/02/2017)
2017-02-0214RESPONSE to Motion re: 9 MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim filed by Thomas L Kehmeier. (DXD) (Entered: 02/02/2017)
2017-02-0815Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 02/08/2017)
2017-02-0816Minute Order: In accordance with 28 USC 636(c), all parties have voluntarily consented to have Magistrate Judge David K. Duncan conduct all further proceedings in this case, including trial and entry of final judgment, and conduct all post-judgment proceedings, with direct review by the Ninth Circuit Court of Appeals, if an appeal is filed. FURTHER ORDERED that the Order to Show Cause Hearing scheduled for February 27, 2017 is hereby VACATED. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 02/08/2017)
2017-02-0917REPLY to Response to Motion re: 9 MOTION to Dismiss for Lack of JurisdictionMOTION to Dismiss for Failure to State a Claim filed by United States Department of Justice Tax Division. (Sasarak, Stephanie) (Entered: 02/09/2017)
2017-02-2118ORDER granting Defendant's 9 Motion to Dismiss for Lack of Jurisdiction. See document for details. Signed by Magistrate Judge David K Duncan on 02/17/2017. (ATD) (Entered: 02/21/2017)
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by FOIA Project Staff