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Case TitleHighland Capital Management LP v. Internal Revenue Service
DistrictNorthern District of Texas
CityDallas
Case Number3:2018cv00181
Date Filed2018-01-24
Date ClosedOpen
JudgeSenior Judge A. Joe Fish
PlaintiffHighland Capital Management LP
Case DescriptionHighland Capital Management submitted a FOIA request to the IRS for records concerning the agency's administrative audit of Highland Capital Management. The agency located 13,409 responsive pages. The agency told Highland Capital Management that it was withholding 1,632 pages entirely and 132 pages in part. Highland Capital Management then filed an administrative appeal. After hearing nothing further from the agency, Highland Capital Management filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantInternal Revenue Service
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-01-241***DISREGARD - ATTORNEY FILED IN ERROR - WILL REFILE*** COMPLAINT against Internal Revenue Service filed by Highland Capital Management LP. (Filer fee note- Clerk to add prior fee payment info here.) Clerk to issue summonses for federal and non-federal defendants. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet) (Sharp, Joel) Modified docket text on 1/25/2018 (ajb). (Entered: 01/24/2018)
2018-01-242COMPLAINT against Internal Revenue Service filed by Highland Capital Management LP. (Filing fee $400; Receipt number 0539-8942183) Clerk to issue summonses for federal and non-federal defendants. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet) (Sharp, Joel) Modified docket text on 2/1/2018 (ajb). (Entered: 01/24/2018)
2018-01-243CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Highland Capital Management LP. (Sharp, Joel) (Entered: 01/24/2018)
2018-01-254New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (ajb) (Entered: 01/25/2018)
2018-01-255Summons issued as to Internal Revenue Service, U.S. Attorney, and U.S. Attorney General. (ajb) (Entered: 01/25/2018)
2018-02-086NOTICE of Related Case filed by Highland Capital Management LP (Allen, Katherine) (Entered: 02/08/2018)
2018-02-097ORDER: The above-referenced matter is transferred to the docket of the Honorable A. Joe Fish, who has a related case. All future pleadings shall be filed under case number 3:18-CV-0181-G. (Ordered by Judge David C Godbey on 2/9/2018) (epm) (Entered: 02/13/2018)
2018-02-278NOTICE of Attorney Appearance by Stephanie Sasarak on behalf of Internal Revenue Service. (Filer confirms contact info in ECF is current.) (Sasarak, Stephanie) (Entered: 02/27/2018)
2018-02-289Consent Motion for Extension of Time to File Answer filed by Internal Revenue Service (Attachments: # 1 Proposed Order) (Sasarak, Stephanie) (Entered: 02/28/2018)
2018-03-0510ORDER: The court is advised by the clerk of court that Timothy Lee Jacobs ("counsel"), whose name appears on a pleading in this case, is not a member of the Bar of the Northern District of Texas. Accordingly, within 15 days of the date of this order, counsel shall either (1) provide to the court, and to the clerk of court, satisfactory documentation of membership or (2) apply for membership in the Bar of this court or for admission pro hac vice for this case. (Ordered by Senior Judge A. Joe Fish on 3/5/2018) (axm) (Entered: 03/05/2018)
2018-03-0511ORDER granting 9 Motion for Extension of Time to File Answer re 2 Complaint. Internal Revenue Service answer due 3/28/2018. (Ordered by Senior Judge A. Joe Fish on 3/5/2018) (axm) (Entered: 03/05/2018)
2018-03-0712Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Timothy L. Jacobs (Filing fee $25; Receipt number 0539-9035459) filed by Highland Capital Management LP (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Beran, Katherine) (Entered: 03/07/2018)
2018-03-0913ORDER granting 12 Application for Admission Pro Hac Vice of Timothy L. Jacobs. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Senior Judge A. Joe Fish on 3/9/2018) (axm) (Entered: 03/09/2018)
2018-03-2814ANSWER to 2 Complaint filed by Internal Revenue Service. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Sasarak, Stephanie) (Entered: 03/28/2018)
2018-03-2815CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Internal Revenue Service. (Sasarak, Stephanie) (Entered: 03/28/2018)
2018-03-2916STATUS REPORT ORDER: Joint Status Report due by 4/20/2018. See order for specifics. (Ordered by Senior Judge A. Joe Fish on 3/29/2018) (lag/chmb) (Entered: 03/29/2018)
2018-04-2017Joint STATUS REPORT filed by Highland Capital Management LP. (Beran, Katherine) (Entered: 04/20/2018)
2018-05-1018ORDER: The court has reviewed the parties' joint status report (docket entry 17 ). Upon consideration thereof, it is ORDERED that the defendant shall file a motion for summary judgment no later than 7/20/2018. Briefing on that motion shall then occur as prescribed by the local rules. (Ordered by Senior Judge A. Joe Fish on 5/10/2018) (axm) (Entered: 05/10/2018)
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by FOIA Project Staff