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Case TitleShehan v. Department of the Treasury
DistrictEastern District of Kentucky
CityCovington
Case Number2:2018cv00011
Date Filed2018-01-10
Date ClosedOpen
JudgeJudge David L. Bunning
PlaintiffWilliam C. Shehan, Jr.
Case DescriptionWilliam Shehan submitted FOIA requests to the IRS for records concerning a possible referral of his tax case for criminal prosecution. The agency located records, but withheld eight records under Exemption 7(D) (confidential sources). The agency also disclosed 282 pages from its file on Davis's investigation. The agency withheld 12 pages under Exemption 6 (invasion of privacy). After hearing nothing further from the agency, Shehan filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantDepartment of the Treasury
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-01-101COMPLAINT (NO PROCESS REQUESTED). ( Filing fee $400; receipt number 201161), filed by William C. Shehan, Jr. (Attachments: # 1 Various Exhibits, # 2 Receipt #2011161-Filing Fee)(ECO) (Entered: 01/10/2018)
2018-01-103IMPORTANT NOTICE to Pro Se Filer: Information relating to pro se filings and F.R.Civ.P. 5.2 requiring personal identifiers be partially redacted from documents filed with the court. Click here for more information on the rules. It is the sole responsibility of counsel and the parties to comply with the rules requiring redaction of personal data identifiers.cc: pro se filer via U.S. Mail (Attachments: # 1 Sample Caption Page) (Entered: 01/10/2018)
2018-01-104STANDING ORDER re: Disclosure of Contact Information: 1. pro se litigants must provide current telephone number, residential address, & if different, mailing address. 2. pro se litigants must provide written notice of change of residential address, & if different, mailing address. 3. Clerk file copy of Order in all non-prisoner pro se actions. Failure to provide required information or change of address may result in appropriate sanctions. . Signed by Judge Karen K. Caldwell on 5/6/2016.(ECO)cc: copy mailed to William Shehan, Jr., pro se, at address listed on the docket sheet (Entered: 01/10/2018)
2018-01-10Conflict Check run. (ECO) (Entered: 01/10/2018)
2018-01-10***FILE SUBMITTED TO CHAMBERS of PSO for review: 1 Complaint (ECO) (Entered: 01/10/2018)
2018-01-125ORDER: 1) The referral of this matter to the Pro Se Law Office is hereby rescinded ; 2) This matter is referred to Magistrate Judge Candace J. Smith, pursuant to 28 U.S.C. §636(b)including the preparation of a report and recommendation on any dispositive motions; and 3) In connection with such reference, the said Magistrate Judge is authorized to conduct all pretrial and status conferences, to hold all hearings as may be required, and to rule on non-dispositive motions. Motions in limine will be referred by the Clerk of this Court to the undersigned. Subject to other provisions of law, the final pretrial conference and trail will also be before the undersigned, unless parties consent to trial by a Magistrate Judge. Signed by Judge David L. Bunning on 1/12/2018.(ECO)cc: COR w/copy of Order mailed to William C. Shehan, Jr, pro se, at address listed on the docket sheet. (Entered: 01/12/2018)
2018-01-187Summons Issued as to Department of the Treasury; Summons issued and returned to counsel via pick-up from Office of Clerk (TJZ) (Entered: 01/18/2018)
2018-02-208MOTION to Dismiss for failure to state a claim by Department of the Treasury (Attachments: # 1 Proposed Order)(Miller, Matthew) (Entered: 02/20/2018)
2018-02-209MEMORANDUM in Support of Motion re 8 MOTION to Dismiss for failure to state a claim by Department of the Treasury filed by Department of the Treasury. (Miller, Matthew) (Entered: 02/20/2018)
2018-02-22***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: 1 Complaint, 8 MOTION to Dismiss for failure to state a claim by Department of the Treasury , 9 Memorandum in Support of Motion, 5 Order, Case Referred to Magistrate Judge,,,,,, (KRB) (Entered: 02/22/2018)
2018-03-26MOTIONS REFERRED: 8 MOTION to Dismiss for failure to state a claim by Department of the Treasury Motions referred to Candace J. Smith. (LST) (Entered: 03/26/2018)
2018-03-2710ORDER: that Plaintiff shall file any Response to the Motion to Dismiss (R. 8) by Friday, April 6, 2018, absent which the undersigned will proceed with entry of a Report and Recommendation to the presiding District Judge on the Motion to Dismiss without the benefit of Plaintiffs Response.. Signed by Magistrate Judge Candace J. Smith on 03/27/2018.(KRB)cc: COR, WILLIAM C. SHEHAN, JR via US mail (Entered: 03/27/2018)
2018-04-0511MOTION to Stay Pending Review of Claim by IRS and DOJ by William C. Shehan, Jr., pro se. Motions referred to Candace J. Smith. (Attachments: # 1 Ex A-Claim for Damage, # 2 Proposed Order)(TJZ) (Entered: 04/05/2018)
2018-04-2612RESPONSE in Opposition re 11 MOTION to Stay by William C. Shehan, Jr filed by Department of the Treasury. (Miller, Matthew) (Entered: 04/26/2018)
2018-05-2413ORDER; 1) MOTION CONFERENCE set for 6/6/2018 at10:30 AM in COVINGTON before Magistrate Judge Candace J. Smith. Signed by Magistrate Judge Candace J. Smith on 5/24/2018.(LST)cc: COR, William Shehan via U.S. (Entered: 05/24/2018)
2018-06-0414MOTION for Leave by Department of the Treasury to Appear Telephonically at Motion Conference Motions referred to Candace J. Smith. (Attachments: # 1 Proposed Order)(Miller, Matthew) (Entered: 06/04/2018)
2018-06-0415ORDER: that the Motion Conference currently scheduled for June 6, 2018 at 10:30 a.m. is hereby VACATED and RESCHEDULED for Tuesday, June 12, 2018 at 11:30 a.m. at the U.S. District Courthouse, Third Floor Magistrate Judges Courtroom, 35 West Fifth Street, Covington, Kentucky( MOTION HEARING set for 6/12/2018 at11:30 AM in COVINGTON before Magistrate Judge Candace J. Smith.). Signed by Magistrate Judge Candace J. Smith on 06/04/2018.(KRB)cc: COR, William C. Shehan, Jr. via US Mail (Entered: 06/04/2018)
2018-06-05***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: re 14 MOTION for Leave by Department of the Treasury to Appear Telephonically at Motion Conference (KRB) (Entered: 06/05/2018)
2018-06-0816ORDER: that the Motion of the IRS 14 is GRANTED. Counsel for theIRS may appear telephonically at the June 12, 2018 motion conference. Counsel should connect to the call ten (10) minutes before the conference is scheduled to begin.. Signed by Magistrate Judge Candace J. Smith on 06/08/2018. (KRB)cc: COR, William C. Shehan, Jr via US mail (Entered: 06/08/2018)
2018-06-1217MINUTE ENTRY ORDER FOR MOTION HEARING held on 6/12/2018 before Magistrate Judge Candace J. Smith: 1. The Agencys Motion to Dismiss 8 is TAKEN UNDER ADVISEMENT pending the filing of a Report and Recommendation for the District Judges consideration; and 2. Plaintiffs Motion to Stay 11 is DENIED AS MOOT in light of the parties agreed disposition of this civil action (Tape #KYED-COV_2-18-cv-11-DLB-CJS_20180612_111744.) Signed by Magistrate Judge Candace J. Smith. (KRB)cc: COR, William C. Shehan, Jr via US mail (Entered: 06/18/2018)
2018-06-1818REPORT AND RECOMMENDATIONS: that Defendants Motion to Dismiss 8 be granted and this civil action be stricken from the active docket of this Court.. Signed by Magistrate Judge Candace J. Smith on 06/18/2018.(KRB)cc: COR, WILLIAM C. SHEHAN, JR. via US Mail (Entered: 06/18/2018)
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by FOIA Project Staff