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Case TitleOppenheim v. Department of the Treasury
DistrictSouthern District of Florida
CityFt Lauderdale
Case Number0:2018cv60711
Date Filed2018-04-04
Date ClosedOpen
JudgeJudge Joan A. Lenard
PlaintiffRoy David Oppenheim
Case DescriptionRoy Oppenheim submitted two FOIA requests to the IRS for records concerning the handling of his whistleblower complaint. The agency acknowledged receipt of the requests, but denied the requests under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Oppenheim filed an administrative appeal, which was denied. He then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantDepartment of the Treasury
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-041COMPLAINT for Injunctive Relief against Department of the Treasury. Filing fees $ 400.00 receipt number 113C-10540013, filed by Roy David Oppenheim. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Summon(s))(Oppenheim, Roy) (Entered: 04/04/2018)
2018-04-042Clerks Notice of Judge Assignment to Judge Joan A. Lenard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (ail) (Entered: 04/04/2018)
2018-04-043Summons Issued as to Department of the Treasury. (ail) (Entered: 04/04/2018)
2018-05-254SUMMONS (Affidavit) Returned Executed by Roy David Oppenheim. Department of the Treasury served on 4/6/2018, answer due 6/5/2018. (Oppenheim, Roy) (Entered: 05/25/2018)
2018-06-065ORDER DIRECTING Plaintiff to file a Memorandum of Law establishing that David Mellinger, Assistant U.S. Attorney for the Department of the Treasury, Inspector General for Tax Administration, is authorized by law to accept service on behalf of Defendant. Plaintiff shall have until and including June 15, 2017 to file the Memorandum, which shall not exceed five double-spaced pages without leave of Court. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 6/6/2018. (gie) (Entered: 06/06/2018)
2018-06-086NOTICE by Department of the Treasury of Acceptance of Service Under Agreed June 29, 2018, Answer Date . Attorney Catriona M. Coppler added to party Department of the Treasury(pty:dft). (Coppler, Catriona) (Entered: 06/08/2018)
2018-06-157MEMORANDUM of Law ESTABLISHING AUTHORIZATION OF ASSISTANT U.S. ATTORNEY FOR THE DEPARTMENT OF THE TREASURY, INSPECTOR GENERAL FOR TAX ADMINISTRATION TO ACCEPT SERVICE ON BEHALF OF DEFENDANT by Roy David Oppenheim. (Oppenheim, Roy) (Entered: 06/15/2018)
2018-06-288ANSWER and Affirmative Defenses to Complaint by Department of the Treasury. Attorney Joseph E. Hunsader added to party Department of the Treasury(pty:dft). (Hunsader, Joseph) (Entered: 06/28/2018)
2018-07-059Order Referring Discovery Disputes and Certain Pretrial Motions to Magistrate Judge Alicia O Valle; Directing Parties to File Certificates of Interested Parties; Directing Parties to File a Notice of Refiling And/or of Related Cases; Requiring Completion of Form Consenting to Jurisdiction by Magistrate Judge; and Requiring Completion of Joint Scheduling Report and Form. Signed by Judge Joan A. Lenard on 7/5/2018. See attached document for full details. (Attachments: # 1 Appendix, # 2 Appendix) (dp) (Entered: 07/05/2018)
2018-07-0510Order Setting Forth the Court's Policy on Motions for Extension or Stay of the Scheduling Order Deadlines. Signed by Judge Joan A. Lenard on 07/05/18. See attached document for full details. (dp) (Entered: 07/05/2018)
2018-07-0511CASE REFERRED to Magistrate Judge Alicia O. Valle. SEE DE 9 ORDER (ail) (Entered: 07/06/2018)
2018-07-1912Plaintiff's MOTION to Strike Defendant's Affirmative Defenses by Roy David Oppenheim. Responses due by 8/2/2018 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Oppenheim, Roy) (Entered: 07/19/2018)
2018-07-1913Notice of NO Pending, Refiled, Related or Similar Actions by Roy David Oppenheim (Oppenheim, Roy) (Entered: 07/19/2018)
2018-07-1914Certificate of Interested Parties/Corporate Disclosure Statement - NONE disclosed by Roy David Oppenheim (Oppenheim, Roy) (Entered: 07/19/2018)
2018-07-1915PAPERLESS ORDER REFERRING to Magistrate Judge Alicia O. Valle pursuant to 28 U.S.C. § 636(b)(1)(A) to hear and determine the 12 Motion to Strike Defendant, Treasury Inspector General For Tax Administration's Affirmative Defenses, and all related motions and pleadings. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 7/19/2018. (gie) (Entered: 07/19/2018)
2018-07-2016NOTICE by Department of the Treasury re: No Related Cases, Certificate of Interested Parties and Corporate Disclosure Statement (Hunsader, Joseph) (Entered: 07/20/2018)
2018-07-3017RESPONSE to Motion re 12 Plaintiff's MOTION to Strike Defendant's Affirmative Defenses filed by Department of the Treasury. Replies due by 8/6/2018. (Attachments: # 1 Text of Proposed Order)(Hunsader, Joseph) (Entered: 07/30/2018)
2018-08-0618NOTICE by Department of the Treasury re 9 Order Referring Case to Magistrate Judge,, JOINT filing by Plaintiff and Defendant pursuant to July 5, 2018 Order of (1) Joint Scheduling Report; (2) Joint Scheduling Report Form; and (3) Consent re: Jurisdiction (Attachments: # 1 Supplement, # 2 Supplement) (Hunsader, Joseph) (Entered: 08/06/2018)
2018-08-0719PAPERLESS ORDER STRIKING 18 Joint Scheduling Report. On July 5, 2018, the Court issued an 9 Order directing the Parties to file a Joint Scheduling Report and warning the Parties that "unilateral reports will not be accepted." (D.E. 9 at 4.) The March 17, 2017 Order further states that "the Parties shall also file a completed copy of the attached form, titled 'Joint Scheduling Form.'" ( Id. at 5.) It further instructs that "[a]ll deadlines provided in the form shall be date specific , e.g. January 1, 2006." ( Id. (emphasis in original).) The attached Joint Scheduling Form similarly instructs the Parties to "jointly complete [the] Form by providing dates certain... for each action or event. Unilateral filings will not be accepted." (D.E. 9-2 at 1.) So it should have been clear that the Court wanted a Joint Scheduling Form with one, specific date for each event listed. On August 6, 2018, the Parties filed a Scheduling Report to which they attached a Scheduling Form that is "Joint" only in the sense that both Parties signed it, providing one agreed upon deadline (for amended pleadings and joinder of parties), two separate dates for dispostive motions/ Daubert motions, and one non-agreed upon date for the remainder of the deadlines, with Defendant merely stating that it believes the deadlines should be deferred until after summary judgment. This document is unhelpful and is STRICKEN for failure to comply with the Court's July 5th Order. The Parties shall have until and including August 9, 2018, to file a Joint Scheduling Report and Joint Scheduling Form with one date certain , agreed upon by all parties, listed for each event. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 8/7/2018. (gie) (Entered: 08/07/2018)
2018-08-0920NOTICE by Department of the Treasury of JOINT filing by Plaintiff and Defendant of Joint Scheduling Form (Attachments: # 1 Supplement Joint Scheduling Report Form) (Hunsader, Joseph) (Entered: 08/09/2018)
2018-08-2221Order Adopting Joint Scheduling Report, Setting Pretrial Conference and Trial, Establishing Pretrial Deadlines, and Establishing Pretrial and Trial Procedures: Jury Trial set for 4/15/2019 09:00 AM in Miami Division before Judge Joan A. Lenard. Calendar Call set for 4/10/2019 04:00 PM in Miami Division before Judge Joan A. Lenard. Pretrial Conference set for 3/25/2019 02:00 PM in Miami Division before Judge Joan A. Lenard. Signed by Judge Joan A. Lenard on 08/22/18. See attached document for full details. (dp) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 08/22/2018)
2018-08-2222ORDER of Referral to Mediation and Directing Plaintiff's Counsel to Submit (Within Fourteen Days) Proposed Order Scheduling Mediation. Mediation Deadline 1/10/2019. Signed by Judge Joan A. Lenard on 08/22/18. See attached document for full details. (Attachments: # 1 Appendix) (dp) (Entered: 08/22/2018)
2018-09-0523NOTICE of Mediator Selection. Added Roy David Oppenheim, Meah Tell. (Oppenheim, Roy) (Entered: 09/05/2018)
2018-09-0524NOTICE of Mediator Selection. Added Roy David Oppenheim. (Attachments: # 1 Exhibit)(Oppenheim, Roy) (Entered: 09/05/2018)
2018-09-0625ORDER Scheduling Mediation before Meah Rothman Tell. Mediation Deadline 1/10/2019. Mediation Hearing set for 1/7/2019 09:30 AM. Signed by Judge Joan A. Lenard on 09/06/18. See attached document for full details. (dp) (Entered: 09/06/2018)
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