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Case TitleMACVEST GROUP INC. v. UNITED STATES OF AMERICA et al
DistrictDistrict of New Jersey
CityNewark
Case Number2:2017cv09833
Date Filed2017-10-27
Date ClosedOpen
JudgeJudge Susan D. Wigenton
PlaintiffMACVEST GROUP INC.
Case DescriptionThe Macvest Group submitted a FOIA request to the IRS for records concerning the agency's decision to examine its 2014 tax return. The agency denied the request. Macvest Group then submitted a second FOIA request to the IRS for records about itself. The agency refused to process the request, apparently because it considered the second request duplicative of the first request. Macvest Group then filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES OF AMERICA
DefendantUNITED STATES OF AMERICA
TERMINATED: 01/16/2018
DefendantUNITED STATES
DefendantDEPARTMENT OF TREASURY
TERMINATED: 01/16/2018
DefendantDEPARTMENT OF TREASURY
DefendantINTERNAL REVENUE SERVICE
DefendantBRIAN KNAUS IN HIS CAPACITY AS REVENUE AGENT OF INTERNAL REVENUE SERVICE
DefendantBRIAN KNAUS IN HIS CAPACITY AS REVENUE AGENT OF INTERNAL REVENUE SERVICE
TERMINATED: 01/16/2018
DefendantSTEVEN TERNER MNUCHIN IN HIS CAPACITY AS THE SECRETARY OF THE TREASURY
DefendantSTEVEN TERNER MNUCHIN IN HIS CAPACITY AS THE SECRETARY OF THE TREASURY
TERMINATED: 01/16/2018
DefendantRUDOLPH SCHUELE IN HIS CAPACITY AS REVENUE AGENT FOR INTERNAL REVENUE SERVICE
TERMINATED: 01/16/2018
DefendantRUDOLPH SCHUELE IN HIS CAPACITY AS REVENUE AGENT FOR INTERNAL REVENUE SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [10]
FOIA Project Annotation: A federal court in New Jersey has dismissed all of Macvest Group's claims against the IRS except for its FOIA claim. Dismissing Macvest's claim under the Administrative Procedure Act and the Mandamus Act, the court pointed out that "plaintiff's FOIA claim provided it with a complete and adequate remedy for the IRS's alleged wrongful withholding of information." The court also dismissed Macvest Group's Privacy Act claim, noting that "claims under the Privacy Act may only be brought by individuals. As a Delaware corporation, Plaintiff may not bring suit under the Privacy Act."
Issues: Litigation - Jurisdiction - Failure to State a Claim
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-10-271COMPLAINT against DEPARTMENT OF TREASURY, INTERNAL REVENUE SERVICE, BRIAN KNAUS, STEVEN TERNER MNUCHIN, RUDOLPH SCHUELE, UNITED STATES ( Filing and Admin fee $ 400 receipt number 0312-8200363), filed by MACVEST GROUP INC.. (Attachments: # 1 Civil Cover Sheet)(AGOSTINO, FRANK) (Entered: 10/27/2017)
2017-10-272Corporate Disclosure Statement by MACVEST GROUP INC. identifying THE MICHELE AND AGNESE CESTONE FOUNDATION as Corporate Parent.. (AGOSTINO, FRANK) (Entered: 10/27/2017)
2017-10-27Case Assigned to Judge Susan D. Wigenton and Magistrate Judge Leda D. Wettre. (ak, ) (Entered: 10/30/2017)
2017-11-033SUMMONS ISSUED as to DEPARTMENT OF TREASURY, INTERNAL REVENUE SERVICE, BRIAN KNAUS, STEVEN TERNER MNUCHIN, RUDOLPH SCHUELE, UNITED STATES OF AMERICA Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *SHEREE RAIMO* (sr, ) (Entered: 11/03/2017)
2017-11-164MOTION for Extension of Time to File Answer (Pursuant to Local Rule 6.1) by All Defendants. (WAGNER, NELSON) (Entered: 11/16/2017)
2017-11-17Clerk`s Text Order - The 4 Clerk's Extension of Time to Respond to the Complaint filed by INTERNAL REVENUE SERVICE, RUDOLPH SCHUELE, UNITED STATES OF AMERICA, STEVEN TERNER MNUCHIN, DEPARTMENT OF TREASURY, BRIAN KNAUS submitted by STEVEN TERNER MNUCHIN, INTERNAL REVENUE SERVICE, DEPARTMENT OF TREASURY, RUDOLPH SCHUELE, UNITED STATES OF AMERICA, BRIAN KNAUS has been GRANTED. The answer due date has been set for 12/22/17. (sr, ) (Entered: 11/17/2017)
2017-12-215MOTION to Dismiss Counts II through IV and All Defendants Except the Internal Revenue Service by All Defendants. Responses due by 1/2/2018 (Attachments: # 1 Brief, # 2 Text of Proposed Order)(WAGNER, NELSON) (Entered: 12/21/2017)
2017-12-216ANSWER to Complaint (Count I Only) by All Defendants.(WAGNER, NELSON) (Entered: 12/21/2017)
2017-12-27Set/Reset Deadlines as to 5 MOTION to Dismiss Counts II through IV and All Defendants Except the Internal Revenue Service . Motion set for 1/16/2018 before Judge Susan D. Wigenton. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, ) (Entered: 12/27/2017)
2018-01-027AFFIDAVIT in Opposition filed by MACVEST GROUP INC. re 5 MOTION to Dismiss Counts II through IV and All Defendants Except the Internal Revenue Service (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(AGOSTINO, FRANK) (Entered: 01/02/2018)
2018-01-028BRIEF in Opposition filed by MACVEST GROUP INC. re 5 MOTION to Dismiss Counts II through IV and All Defendants Except the Internal Revenue Service (AGOSTINO, FRANK) (Entered: 01/02/2018)
2018-01-099REPLY BRIEF to Opposition to Motion filed by All Defendants re 5 MOTION to Dismiss Counts II through IV and All Defendants Except the Internal Revenue Service (WAGNER, NELSON) (Entered: 01/09/2018)
2018-01-1610LETTER OPINION, etc. Signed by Judge Susan D. Wigenton on 1/16/2018. (JB, ) (Entered: 01/16/2018)
2018-01-1611ORDER Granting 5 MOTION to Dismiss Counts II through IV and All Defendants Except the Internal Revenue Service by All Defendants. It is further Ordered that Defendants United States of America, the Department of the treasury, Mnuchin, Knaus and Schuele are also dismissed from this action and it is further Ordered that Count One of the Complaint may proceed against IRS only. Signed by Judge Susan D. Wigenton on 1/16/2018. (JB, ) (Entered: 01/16/2018)
2018-01-1712LETTER ORDER - A Scheduling Conference is set for 3/7/2018 at 11:00 AM in Newark - Courtroom 3C before Magistrate Judge Leda D. Wettre.Signed by Magistrate Judge Leda D. Wettre on 1/17/2018. (kd) (Entered: 01/17/2018)
2018-03-0113Joint MOTION to Stay Case Deadlines Pending Completion of FOIA Disclosures by INTERNAL REVENUE SERVICE. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(WAGNER, NELSON) (Entered: 03/01/2018)
2018-03-02Set/Reset Deadlines as to 13 Joint MOTION to Stay Case Deadlines Pending Completion of FOIA Disclosures . Motion set for 4/2/2018 before Judge Susan D. Wigenton. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, ) (Entered: 03/02/2018)
2018-03-0515ORDER granting 13 Motion to Stay; that this case is stayed through May 31, 2018. A telephonic status conference shall take place before the undersigned on June 6, 2018, at 3:30 p.m.. Signed by Magistrate Judge Leda D. Wettre on 3/5/2018. (ld, ) (Entered: 03/06/2018)
2018-03-0614TEXT ORDER In view of the joint stay motion, the Rule 16 conference scheduled for March 7, 2018 is adjourned sine die. So Ordered by Magistrate Judge Leda D. Wettre on 3/6/18. (Wettre, Leda) (Entered: 03/06/2018)
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by FOIA Project Staff