Skip to content

Case Detail

[Subscribe to updates]
Case TitleINSTITUTE FOR JUSTICE v. INTERNAL REVENUE SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv02406
Date Filed2016-12-08
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffINSTITUTE FOR JUSTICE
Case DescriptionThe Institute for Justice submitted a FOIA request to the IRS for records concerning its asset forfeiture database. The Institute for Justice also requested a fee waiver. The agency told the Institute for Justice that the request would require 34,000 hours and would cost $753,000. The Institute for Justice appealed the denial of its request for a fee waiver. The agency told the Institute for Justice that its fee waiver request was imperfect/invalid because it did not meet the requirements of FOIA. The Institute for Justice then filed suit.
Complaint issues: Public Interest Fee Waiver, Litigation - Attorney's fees

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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-12-081COMPLAINT against INTERNAL REVENUE SERVICE ( Filing fee $ 400 receipt number 0090-4768653) filed by INSTITUTE FOR JUSTICE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for Attorney General, # 3 Summons for I.R.S., # 4 Summons for U.S. Attorney for D.C., # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E)(Prins, Andrew) (Entered: 12/08/2016)
2016-12-082LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INSTITUTE FOR JUSTICE (Prins, Andrew) (Entered: 12/08/2016)
2016-12-08Case Assigned to Judge Emmet G. Sullivan. (jd) (Entered: 12/12/2016)
2016-12-093NOTICE of Errata by INSTITUTE FOR JUSTICE re 1 Complaint, (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Prins, Andrew) (Entered: 12/09/2016)
2016-12-124SUMMONS (3) Issued Electronically as to INTERNAL REVENUE SERVICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Forms)(jd) (Entered: 12/12/2016)
2016-12-225RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/14/2016. Answer due for ALL FEDERAL DEFENDANTS by 1/13/2017. (Prins, Andrew) (Entered: 12/22/2016)
2016-12-226RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/14/2016. (Prins, Andrew) (Entered: 12/22/2016)
2017-01-137Consent MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 01/13/2017)
2017-01-15MINUTE ORDER granting 7 defendant's consent motion for extension of time. Defendant shall answer or otherwise respond to the complaint by no later than February 13, 2017. Signed by Judge Emmet G. Sullivan on 01/15/2017. (lcegs3) (Entered: 01/15/2017)
2017-01-17Set/Reset Deadlines: Answer due by 2/13/2017. (mac) (Entered: 01/17/2017)
2017-02-138ANSWER to Complaint by INTERNAL REVENUE SERVICE.(Peyton, Joycelyn) (Entered: 02/13/2017)
2017-02-149STANDING FOIA ORDER. Signed by Judge Emmet G. Sullivan on 02/14/2017. (lcegs3) (Entered: 02/14/2017)
2017-02-15Set/Reset Deadlines: Joint Proposed Scheduling Order due by 3/7/2017. (mac) (Entered: 02/15/2017)
2017-03-0710MEET AND CONFER STATEMENT. (Peyton, Joycelyn) (Entered: 03/07/2017)
2017-03-09MINUTE ORDER. In view of the parties' joint meet and confer statement, the parties are ORDERED to file a joint status report by no later than April 6, 2017 addressing the status of the records production and the need for a briefing schedule. Signed by Judge Emmet G. Sullivan on 03/9/2017. (lcegs3) (Entered: 03/09/2017)
2017-03-09Set/Reset Deadlines: Joint Status Report due by 4/6/2017. (mac) (Entered: 03/09/2017)
2017-04-0611Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Peyton, Joycelyn) (Entered: 04/06/2017)
2017-04-07MINUTE ORDER. In view of 11 the parties' joint status report, the parties are hereby ORDERED to file a joint status report by no later than May 8, 2017 and to continue to file joint status reports every 30 days thereafter until the parties have settled this dispute or until a party represents to the Court that settlement is unlikely and that a briefing schedule should be implemented. Signed by Judge Emmet G. Sullivan on 04/7/2017. (lcegs3) (Entered: 04/07/2017)
2017-04-07Set/Reset Deadlines: Joint Status Report due by 5/8/2017. (mac) (Entered: 04/07/2017)
2017-05-0812Joint STATUS REPORT by INSTITUTE FOR JUSTICE. (Prins, Andrew) (Entered: 05/08/2017)
2017-05-10MINUTE ORDER. In view of the separate statements provided by the parties in 12 their joint status report, the parties are hereby directed to comply with the following briefing schedule: Defendant shall file its motion for summary judgment by no later than June 28, 2017. Plaintiff shall file its opposition by no later than August 2, 2017. If plaintiff chooses to file a cross-motion, it shall be combined with the opposition and filed on the same date. Defendant shall file its reply and, if applicable, combined opposition by no later than August 16, 2017. Plaintiff shall file its reply, if applicable, by no later than August 30, 2017. Signed by Judge Emmet G. Sullivan on 05/10/2017. (lcegs3) (Entered: 05/10/2017)
2017-05-11Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 6/28/2017. Plaintiff Opposition And/If Plaintiff Chooses To File A Cross-Motion, It Shall Be Combined With The Opposition due by 8/2/2017. Defendant Reply And/If Applicable, Combined Opposition due by 8/16/2017. Plaintiff Reply, If Applicable, due by 8/30/2017. (mac) (Entered: 05/11/2017)
2017-06-2613Unopposed MOTION for Extension of Time to File Motion for Summary Judgment and Modify Briefing Schedule by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(McMonagle, Ryan) (Entered: 06/26/2017)
2017-06-27MINUTE ORDER granting 13 defendant's unopposed motion to modify the briefing schedule. Defendant shall now file its motion for summary judgment by no later than July 10, 2017. Plaintiff shall file its opposition by no later than August 14, 2017. If plaintiff chooses to file a cross-motion, it shall be combined with the opposition and filed on the same date. Defendant shall file its reply and, if applicable, combined opposition by no later than August 28, 2017. Plaintiff shall file its reply, if applicable, by no later than September 11, 2017. Signed by Judge Emmet G. Sullivan on 06/27/2017. (lcegs3) (Entered: 06/27/2017)
2017-06-27Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 7/10/2017. Plaintiff Opposition And/Or If Plaintiff Chooses To File A Cross-Motioin, It Shall Be Combined With The Opposition due by 8/14/2017. Defendant Reply, And, If Applicable, Combined Opposition due by 8/28/2017. Plaintiff Reply, If Applicable, due by 9/11/2017. (mac) (Entered: 06/27/2017)
2017-07-1014MOTION for Summary Judgment by INTERNAL REVENUE SERVICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of D. Martin, # 4 Exhibit A, # 5 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 07/10/2017)
2017-08-1415MOTION to Continue for Rule 56(d) Continuance and Leave to Take Discovery re 14 MOTION for Summary Judgment by INSTITUTE FOR JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Declaration of Andrew D. Prins, # 3 Exhibit 1 to Declaration of Andrew D. Prins, # 4 Exhibit 2 to Declaration of Andrew D. Prins, # 5 Exhibit 3 to Declaration of Andrew D. Prins, # 6 Exhibit 4 to Declaration of Andrew D. Prins, # 7 Declaration of Jennifer McDonald, # 8 Exhibit 1 to Declaration of Jennifer McDonald, # 9 Exhibit 2 to Declaration of Jennifer McDonald, # 10 Exhibit 3 to Declaration of Jennifer McDonald, # 11 Exhibit 4 to Declaration of Jennifer McDonald, # 12 Exhibit 5 to Declaration of Jennifer McDonald, # 13 Exhibit 6 to Declaration of Jennifer McDonald, # 14 Exhibit 7 to Declaration of Jennifer McDonald, # 15 Exhibit 8 to Declaration of Jennifer McDonald, # 16 Exhibit 9 to Declaration of Jennifer McDonald, # 17 Exhibit 10 to Declaration of Jennifer McDonald, # 18 Exhibit 11 to Declaration of Jennifer McDonald, # 19 Exhibit 12 to Declaration of Jennifer McDonald, # 20 Text of Proposed Order)(Prins, Andrew) Added MOTION for Discovery on 8/15/2017 (nmw). (Entered: 08/14/2017)
2017-08-2816Memorandum in opposition to re 15 MOTION to Continue MOTION for Discovery filed by INTERNAL REVENUE SERVICE. (Peyton, Joycelyn) (Entered: 08/28/2017)
2017-08-2817REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by INTERNAL REVENUE SERVICE. (See Docket Entry 16 to view document). (znmw) (Entered: 08/29/2017)
2017-08-2918Consent MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Continue MOTION for Discovery by INSTITUTE FOR JUSTICE (Attachments: # 1 Text of Proposed Order)(Prins, Andrew) (Entered: 08/29/2017)
2017-08-30MINUTE ORDER granting 18 plaintiff's consent motion for first extension of time to file a reply. Plaintiff shall submit their reply in support of their Motion for Rule 56(d) Continuance and Leave to Take Discovery by September 11, 2017. Signed by Judge Emmet G. Sullivan on 8/30/2017. (lcegs3) (Entered: 08/30/2017)
2017-08-31Set/Reset Deadlines: Plaintiff Reply In Support OF Their Motion For Rule 56(d) Continuance And Leave To Take Discovery due by 9/11/2017. (mac) (Entered: 08/31/2017)
2017-09-1119REPLY to opposition to motion re 15 MOTION to Continue MOTION for Discovery filed by INSTITUTE FOR JUSTICE. (Prins, Andrew) (Entered: 09/11/2017)
2017-11-02Case directly reassigned to Judge Trevor N. McFadden. Judge Emmet G. Sullivan is no longer assigned to the case. (ztnr) (Entered: 11/02/2017)
2018-03-0720VACATED PURSUANT TO ORDER FILED 3/8/18. . . . .ORDER. For the reasons stated in the attached Order, the Plaintiff's 15 Motion for Rule 56(d) Continuance and Leave to Take Discovery is hereby DENIED. IJ shall file its opposition to the Government's 14 Motion for Summary Judgment on or before March 28, 2018. Any Government reply shall be filed on or before April 11, 2018. Signed by Judge Trevor N. McFadden on 3/7/2018. (lctnm2) Modified on 3/9/2018 (td). (Entered: 03/07/2018)
2018-03-08Set/Reset Deadlines: Plaintiff's opposition to the Government's Motion for Summary Judgment due by 3/28/2018. Government's reply in support of its Motion for Summary Judgment due by 4/11/2018. (hmc) (Entered: 03/08/2018)
2018-03-0821ORDER. For the reasons stated in the attached Amended Order, the Plaintiff's 15 Motion for Rule 56(d) Continuance and Leave to Take Discovery is hereby DENIED. IJ shall file its opposition to the Government's 14 Motion for Summary Judgment on or before April 6, 2018. Any Government reply shall be filed on or before April 27, 2018. It is FURTHER ORDERED that the 20 Order entered March 7, 2018, is hereby VACATED, and replaced with this Amended Order. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/8/2018. (lctnm2) (Entered: 03/08/2018)
2018-03-09Set/Reset Deadlines: Plaintiff's opposition to the Government's Motion for Summary Judgment due by 4/6/2018. Government's reply in support of its Motion for Summary Judgment due by 4/27/2018. (hmc) (Entered: 03/09/2018)
2018-03-2722Unopposed MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Summary Judgment by INSTITUTE FOR JUSTICE (Attachments: # 1 Text of Proposed Order)(Prins, Andrew) (Entered: 03/27/2018)
2018-03-28MINUTE ORDER. The Plaintiff's unopposed 22 Motion for Extension of Time is hereby GRANTED. The Plaintiff shall file its opposition to the Government's Motion for Summary Judgment on or before April 20, 2018, and the Government shall file any reply to Plaintiff's opposition on or before May 11, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/28/2018. (lctnm2) (Entered: 03/28/2018)
2018-03-28Set/Reset Deadlines: Plaintiff's opposition to the Government's Motion for Summary Judgment due by 4/20/2018. Government's reply in support of its Motion for Summary Judgment due by 5/11/2018. (hmc) (Entered: 03/28/2018)
2018-04-2023Cross MOTION for Summary Judgment and Opposition to Defendant Internal Revenue Service's Motion for Summary Judgment by INSTITUTE FOR JUSTICE (Attachments: # 1 Declaration of Andrew D. Prins, # 2 Exhibit 1 to Prins Declaration, # 3 Declaration of Jennifer McDonald, # 4 Exhibit 1 to McDonald Declaration, # 5 Exhibit 2 to McDonald Declaration, # 6 Exhibit 3 to McDonald Declaration, # 7 Exhibit 4 to McDonald Declaration, # 8 Exhibit 5 to McDonald Declaration, # 9 Exhibit 6 to McDonald Declaration, # 10 Exhibit 7 to McDonald Declaration, # 11 Exhibit 8 to McDonald Declaration, # 12 Exhibit 9 to McDonald Declaration, # 13 Exhibit 10 to McDonald Declaration, # 14 Exhibit 11 to McDonald Declaration, # 15 Exhibit 12 to McDonald Declaration, # 16 Exhibit 13 to McDonald Declaration, # 17 Exhibit 14 to McDonald Declaration, # 18 Exhibit 15 to McDonald Declaration, # 19 Exhibit 16 to McDonald Declaration, # 20 Text of Proposed Order)(Prins, Andrew) (Entered: 04/20/2018)
2018-04-2324Memorandum in opposition to re 14 MOTION for Summary Judgment filed by INSTITUTE FOR JUSTICE. (See docket entry no. 23 to view.) (td) (Entered: 04/23/2018)
2018-04-2525STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Courtesy copies are excused for all filings predating the entry of this Standing Order. Signed by Judge Trevor N. McFadden on 4/25/2018. (lctnm2) (Entered: 04/25/2018)
2018-05-1126REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by INTERNAL REVENUE SERVICE. (Peyton, Joycelyn) Modified text and linkage on 5/15/2018 (ztd). (Entered: 05/11/2018)
2018-05-1127Memorandum in opposition to re 23 Cross MOTION for Summary Judgment and Opposition to Defendant Internal Revenue Service's Motion for Summary Judgment filed by INTERNAL REVENUE SERVICE. (Peyton, Joycelyn) (Entered: 05/11/2018)
2018-05-1828REPLY to opposition to motion re 23 Cross MOTION for Summary Judgment and Opposition to Defendant Internal Revenue Service's Motion for Summary Judgment filed by INSTITUTE FOR JUSTICE. (Attachments: # 1 Supplemental Declaration of Jennifer McDonald, # 2 Exhibit 1 Supplemental Declaration of Jennifer McDonald, # 3 Exhibit 2 to Supplemental Declaration of Jennifer McDonald, # 4 Exhibit 3 to Supplemental Declaration of Jennifer McDonald, # 5 Exhibit 4 to Supplemental Declaration of Jennifer McDonald, # 6 Exhibit 5 to Supplemental Declaration of Jennifer McDonald)(Prins, Andrew) (Entered: 05/18/2018)
2018-05-2529MOTION for Leave to File Sur-reply to Plaintiff's Combined Reply and Opposition by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(McMonagle, Ryan) (Entered: 05/25/2018)
2018-05-3030Memorandum in opposition to re 29 MOTION for Leave to File Sur-reply to Plaintiff's Combined Reply and Opposition filed by INSTITUTE FOR JUSTICE. (Prins, Andrew) (Entered: 05/30/2018)
2018-05-31MINUTE ORDER. Upon consideration of the IRS's 29 Motion for Leave to File Sur-Reply, and the Plaintiff's 30 Opposition, the 29 Motion for Leave is hereby GRANTED IN PART. The IRS may file a sur-reply addressing the Plaintiff's latest supplemental declaration and the exhibits thereto, and the Plaintiff's argument relying on 5 U.S.C. § 552(c)(1). However, the Plaintiff's argument that "the IRS clearly understood... that IJ sought... the discrete universe of records that is accessible through AFTRAK," ECF No. 11 at 11, is not "truly new," U.S. ex rel. Pogue v. Diabetes Treatment Centers of Am., Inc. , 238 F. Supp. 2d 270, 277 (D.D.C. 2002), and the 29 Motion for Leave is DENIED as to this argument. The IRS shall file a sur-reply by June 1, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/31/2018. (lctnm2) (Entered: 05/31/2018)
2018-05-31Set/Reset Deadlines: IRS' sur-reply due by 6/1/2018. (hmc) (Entered: 05/31/2018)
2018-06-0131SURREPLY to 28 Plaintiff's Reply in Support of its Cross-Motion for Summary Judgment filed by INTERNAL REVENUE SERVICE. (Peyton, Joycelyn) Modified on 6/4/2018 (ztd). (Entered: 06/01/2018)
2018-06-0532ORDER regarding certain records withheld by the Defendant. See Order for details. Signed by Judge Trevor N. McFadden on 6/5/2018. (lctnm2) (Entered: 06/05/2018)
2018-06-06Set/Reset Deadlines: IRS' notice of compliance or supplemental declaration due by 7/6/2018. Plaintiff's response due by 7/20/2018. IRS' reply due by 7/27/2018. (hmc) (Entered: 06/06/2018)
Hide Docket Events
by FOIA Project Staff