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Case TitleRCT Motivating, Inc. v. Internal Revenue Service
DistrictNorthern District of Texas
CityFort Worth
Case Number4:2018cv00153
Date Filed2018-02-23
Date ClosedOpen
JudgeJudge John McBryde
PlaintiffRCT Motivating, Inc.
Case DescriptionRCT Motivating, Inc. submitted a FOIA request to the IRS for records concerning the agency's examination of its taxes from 2008-2010. The agency located 244 pages of responsive records, withholding 32 pages in full and 12 pages in part. RCT Motivating filed an administrative appeal. The agency upheld its original denial. RCT Motivating then filed a second FOIA request for updated records concerning its first request. This time, the IRS identified 1835 responsive pages and withheld 431 pages in full and 86 pages in part. RCT Motivating filed an administrative appeal of that decision. The agency affirmed its denial. RCT Motivating then filed suit.
Complaint issues: Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantInternal Revenue Service
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-02-231COMPLAINT against Internal Revenue Service filed by RCT Motivating, Inc.. (Filing fee $400; Receipt number 0539-9010091) Clerk to issue summons(es). 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 Exhibit(s), # 2 Cover Sheet) (Brown, Lawrence) (Entered: 02/23/2018)
2018-02-232CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by RCT Motivating, Inc.. (Brown, Lawrence) (Entered: 02/23/2018)
2018-02-233AMENDED DOCUMENT by RCT Motivating, Inc. Amendment to 1 Complaint. Amended Cover Sheet . (Brown, Lawrence) (Entered: 02/23/2018)
2018-02-264New Case Notes: A filing fee has been paid. File to Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (tln) (Entered: 02/26/2018)
2018-02-265Summons issued as to Internal Revenue Service, U.S. Attorney, and U.S. Attorney General. (tln) (Entered: 02/26/2018)
2018-03-226NOTICE of Attorney Appearance by Matthew B. Miller on behalf of Internal Revenue Service. (Filer confirms contact info in ECF is current.) (Miller, Matthew) (Entered: 03/22/2018)
2018-03-267Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to Complaint filed by Internal Revenue Service (Attachments: # 1 Proposed Order) (Miller, Matthew) (Entered: 03/26/2018)
2018-03-278ORDER granting 7 Defendant's Unopposed Motion for Extension of Time to Respond to Complaint. Defendant's deadline to answer Plaintiff's complaint is extended to April 4, 2018. (Ordered by Judge Reed C. O'Connor on 3/27/2018) (plp) (Entered: 03/28/2018)
2018-03-289SUMMONS Returned Executed as to Internal Revenue Service (U.S. Attorney General); served on 2/26/2018. (Brown, Lawrence) (Entered: 03/28/2018)
2018-03-2810SUMMONS Returned Executed as to Internal Revenue Servce (General Counsel); served on 2/26/2018. (Brown, Lawrence) (Entered: 03/28/2018)
2018-03-2811SUMMONS Returned Executed as to Internal Revenue Service (U. S. Attorney); served on 2/26/2018. (Brown, Lawrence) (Entered: 03/28/2018)
2018-04-0412ANSWER to 1 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. (Miller, Matthew) (Entered: 04/04/2018)
2018-04-0413CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Internal Revenue Service. (Miller, Matthew) (Entered: 04/04/2018)
2018-04-0514***VACATED PER 20 ORDER*** ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: The Joint Report shall be filed on or before May 3, 2018 (Ordered by Judge Reed C. O'Connor on 4/5/2018) (skg) (Entered: 04/05/2018)
2018-04-1315Joint MOTION for Extension of Time to File Joint Report filed by RCT Motivating, Inc. (Brown, Lawrence) (Entered: 04/13/2018)
2018-04-1616***VACATED PER 20 ORDER*** ORDER granting 15 Motion for Extension of Time to File. Status Report due by 6/2/2018. (Ordered by Judge Reed C. O'Connor on 4/16/2018) (skg) (Entered: 04/16/2018)
2018-05-2417ORDER: The above-styled and numbered cases are TRANSFERRED to the docket of the Honorable Judge John McBryde, and shall henceforth carry the letter code "A." (Ordered by Judge Reed C. O'Connor on 5/24/2018) (skg) (Entered: 05/24/2018)
2018-05-2418New Case Notes: A filing fee has been paid. File to Judge McBryde. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (bdb) (Entered: 05/25/2018)
2018-05-2419Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Judge John McBryde on 5/24/2018) (bdb) (Entered: 05/25/2018)
2018-05-2520Order: The above-captioned actions have been transferred to the docket of the undersigned because they relate to No. 4:18-CV-151-A, styled "Ray G. Clark, et al. v. Internal Revenue Service." Based on the joint report regarding contents of scheduling order filed in No. 4:18-CV-156-A, it appears that counsel are prepared to proceed on a schedule similar to the one set in No. 4:18-CV-151-A. Accordingly, the court is issuing an order setting schedule and providing special pretrial instructions in each case that will parallel the schedule set in the first-filed case. And, it will not be necessary for the parties to file a joint report in No. 4:18-CV-153-A. The court ORDERS that the order of April 5, 2018 14 , as amendedby order signed April 16, 2018 16 , in No. 4:18-CV-153-A, be, and is hereby, set aside and vacated. (Ordered by Judge John McBryde on 5/25/2018) (mpw) (Entered: 05/25/2018)
2018-05-2521ORDER SETTING SCHEDULE AND PROVIDING SPECIAL PRETRIAL INSTRUCTIONS: Joinder of Parties due by 8/6/2018. Amended Pleadings due by 10/17/2018. Discovery due by 12/17/2018. Pretrial Conference set for 1/7/2019 09:30 AM before Judge John McBryde. Non-jury Trial set for the week of 2/11/2019 with docket call at 9:00 AM on that date, before Judge John McBryde. (see order for further specifics) (Ordered by Judge John McBryde on 5/25/2018) (mpw) (Entered: 05/25/2018)
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by FOIA Project Staff
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