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Case TitleMotivating Graphics LLC v. Internal Revenue Service
DistrictNorthern District of Texas
CityFort Worth
Case Number4:2018cv00156
Date Filed2018-02-23
Date ClosedOpen
JudgeJudge John McBryde
PlaintiffMotivating Graphics LLC
formerly known as Motivating Graphics III, Inc
Case DescriptionMotivating Graphics submitted FOIA requests to the IRS for records concerning the agency's examination of the company's taxes from 2006-2009. The agency identified 5,718 pages of responsive records and partially responded to the request, withholding 321 pages in full and 125 pages in part. Motivating Graphics filed an administrative appeal, which was denied by the agency. Motivating Graphics submitted a second FOIA request to the IRS for records pertaining to its 2010 taxes. The agency identified 3,828 pages of responsive records, withholding 362 pages in full and 320 pages in part. Motivating Graphics filed an administrative appeal of that decision, which was denied by the agency as well. Motivating Graphics 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 Motivating Graphics LLC. (Filing fee $400; Receipt number 0539-9010333) 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 Motivating Graphics LLC. (Brown, Lawrence) (Entered: 02/23/2018)
2018-02-233ADDITIONAL ATTACHMENTS to 1 Complaint,,,, Amended Civil Cover Sheet by Plaintiff Motivating Graphics LLC. (Brown, Lawrence) (Entered: 02/23/2018)
2018-02-234New 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. (npk) (Entered: 02/23/2018)
2018-02-235Summons Issued as to Internal Revenue Service. (npk) (Entered: 02/23/2018)
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)
2018-03-267ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: The Joint Report shall be filed on or before April 23, 2018. (Ordered by Judge Reed C. O'Connor on 3/26/2018) (skg) (Entered: 03/26/2018)
2018-03-268Unopposed 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)
2018-03-289SUMMONS Returned Executed as to Internal Revenue Service ; served on 2/26/2018. (Brown, Lawrence) (Entered: 03/28/2018)
2018-03-2810SUMMONS Returned Executed. (Brown, Lawrence) (Entered: 03/28/2018)
2018-03-2811SUMMONS Returned Executed. (Brown, Lawrence) (Entered: 03/28/2018)
2018-03-2812SUMMONS Returned Executed. (Brown, Lawrence) (Entered: 03/28/2018)
2018-03-2813ORDER granting 8 Motion for Extension of Time to File Answer Internal Revenue Service answer due 4/4/2018. (Ordered by Judge Reed C. O'Connor on 3/28/2018) (skg) (Entered: 03/29/2018)
2018-03-2814ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: The Joint Report shall be filed on or before April 25, 2018. (Ordered by Judge Reed C. O'Connor on 3/28/2018) (skg) (Entered: 03/29/2018)
2018-04-0415ANSWER 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)
2018-04-0416CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Internal Revenue Service. (Miller, Matthew) (Entered: 04/04/2018)
2018-04-1217Joint MOTION for Extension of Time to File Joint Report filed by Motivating Graphics LLC (Brown, Lawrence) (Entered: 04/12/2018)
2018-04-1218ORDER granting 17 Joint Motion for Extension of Time to File Joint Status Report. Joint Status Report due by 5/23/2018. (Ordered by Judge Reed C. O'Connor on 4/12/2018) (plp) Modified text on 4/16/2018 (tln). (Entered: 04/13/2018)
2018-05-2319Joint STATUS REPORT Regarding Contents of Scheduling Order filed by Motivating Graphics LLC. (Brown, Lawrence) (Entered: 05/23/2018)
2018-05-2420ORDER: 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)
2018-05-2521Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Judge John McBryde on 5/25/2018) (npk) (Entered: 05/25/2018)
2018-05-2522ORDER: 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 March 28, 2018, as amended by order signed April 12, 2018, in No. 4:18-CV-153-A, be, and is hereby, set aside and vacated. (Ordered by Judge John McBryde on 5/25/2018) (npk) (Entered: 05/25/2018)
2018-05-2523ORDER SETTING SCHEDULE AND PROVIDING SPECIAL PRETRIAL INSTRUCTIONS: 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. Docket Call set for 2/11/2019 09:00 AM before Judge John McBryde. (Ordered by Judge John McBryde on 5/25/2018) (npk) (Entered: 05/25/2018)
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by FOIA Project Staff
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