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Case TitleWare v. Internal Revenue Service
DistrictMiddle District of Florida
CityTampa
Case Number8:2018cv00452
Date Filed2018-02-23
Date ClosedOpen
JudgeJudge Virginia M. Hernandez Covington
PlaintiffNancy Montgomery Ware
Case DescriptionNancy Ware submitted a FOIA request to the IRS for records concerning her taxes for 2000-2004. The IRS provided an interim response containing 556 pages. The IRS provided another 237 pages in completing its response, withholding some records. Ware filed an administrative appeal, but the agency had failed to respond by the time she filed suit. Ware alleged that she made the FOIA request to help her find out what happened to her 2016 Abatement Request, but indicated that none of the records she received pertained to the Abatement Request. Ware then filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantInternal Revenue Service
DefendantMediator
Warren A. Zimmerman
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-02-231COMPLAINT against Internal Revenue Service (Filing fee $ 400 receipt number TPA 49016) filed by Nancy Montgomery Ware. (Attachments: # 1 Civil Cover Sheet)(BES) (Entered: 02/26/2018)
2018-02-232SUMMONS issued as to Internal Revenue Service, U.S. Attorney and U.S. Attorney General. (BES) (Entered: 02/26/2018)
2018-02-273RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 2/27/2018. (SAT) (Entered: 02/27/2018)
2018-02-274ORDER: This matter comes before the Court sua sponte. The Court takes this opportunity to address service of process as required by Federal Rule of Civil Procedure 4. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 2/27/2018. (SAT) (Entered: 02/27/2018)
2018-03-135NOTICE of pendency of related cases re 3 Related case order and track 2 notice per Local Rule 1.04(d) by Nancy Montgomery Ware. Related case(s): yes (Mueller, Matthew) (Entered: 03/13/2018)
2018-03-146RETURN of service executed on March 7, 2018 by Nancy Montgomery Ware as to Internal Revenue Service. (Attachments: # 1 Exhibit Summons Service Receipt)(Mueller, Matthew) (Entered: 03/14/2018)
2018-03-147SUMMONS returned executed by Nancy Montgomery Ware. Internal Revenue Service served on 3/5/2018, answer due 5/4/2018. (Attachments: # 1 Exhibit Cert Mail Receipt to US Atty)(Mueller, Matthew) (Entered: 03/14/2018)
2018-03-148SUMMONS returned executed by Nancy Montgomery Ware. Internal Revenue Service served on 3/7/2018, answer due 5/7/2018. (Attachments: # 1 Exhibit Cert Mail Recpt to U.S. Atty General)(Mueller, Matthew) (Entered: 03/14/2018)
2018-04-199ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by May 14, 2018, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. The Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 4/19/2018. (DMD) (Entered: 04/19/2018)
2018-05-0410ANSWER and affirmative defenses to 1 Complaint by Internal Revenue Service.(Hoffman-Logsdon, Megan) (Entered: 05/04/2018)
2018-05-1411CASE MANAGEMENT REPORT. (Mueller, Matthew) (Entered: 05/14/2018)
2018-05-1412CERTIFICATE of interested persons and corporate disclosure statement re 9 Order by Nancy Montgomery Ware. (Mueller, Matthew) (Entered: 05/14/2018)
2018-05-1513CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 2/14/2019 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Bench Trial set for the March 2019 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Conduct mediation hearing by 9/17/2018. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 5/15/2018. (SAO) (Entered: 05/15/2018)
2018-05-2114CERTIFICATE of interested persons and corporate disclosure statement re 9 Order by Internal Revenue Service. (Hoffman-Logsdon, Megan) (Entered: 05/21/2018)
2018-05-2515ENDORSED ORDER: On May 15, 2018, the Court entered its case management and scheduling order, directing Ware to file a notice of mediation by May 22, 2018. (Doc. # 13 ). A review of the docket reveals that no notice has been filed. Accordingly, Ware is directed to file a notice of mediation, indicating the date, time, and location of the mediation conference, by May 31, 2018. Signed by Judge Virginia M. Hernandez Covington on 5/25/2018. (DMD) (Entered: 05/25/2018)
2018-05-2916NOTICE of mediation conference/hearing to be held on September 11, 2018 at 9:30 AM before Warren Zimmerman. (Mueller, Matthew) (Entered: 05/29/2018)
2018-05-2917ORDER appointing Warren Zimmerman, Esq. as mediator in this action. The mediation conference is scheduled for September 11, 2018, at 9:30 AM. The Court directs that all counsel, parties, corporate representatives, and any other required claims professionals shall be present at the mediation conference with full authority to negotiate a settlement. The Court does not allow mediation by telephone or video conference. Personal attendance is required. See Local Rule 9.05(c). Signed by Judge Virginia M. Hernandez Covington on 5/29/2018. (DMD) (Entered: 05/29/2018)
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by FOIA Project Staff
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