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Case TitleStanco et al v. Internal Revenue Service
DistrictEastern District of California
Case Number2:2018cv00873
Date Filed2018-04-10
Date ClosedOpen
JudgeDistrict Judge Troy L. Nunley
PlaintiffPaul Stanco
PlaintiffJose M. Linares
PlaintiffMaria V. Linares
PlaintiffHenry M. Strodka
PlaintiffBozena M. Strodka
Case DescriptionPaul Stanco, Jose and Maria Linares, and Henry and Bozena Strodka submitted FOIA requests to the IRS for records concerning the agency's determination that they had not filed the required tax returns. In responding to one of the requests, the IRS located 2,474 pages of responsive records and disclosed 1,627 pages, redacting 91 pages in full and withholding 795 pages in full. In response to other requests, the agency located 846 pages, disclosing 727 pages while withholding 119 pages in full and 31 pages in part. The agency located and disclosed other responsive records related to other requests. As to a later batch of requests, the IRS indicated that it would be unable to respond within the statutory time limit. After hearing nothing further from the agency, Stanco, the Linares', and the Stodkas filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantInternal Revenue Service
Complaint attachment 1
Opinion/Order [7]
User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-101COMPLAINT against Internal Revenue Service by Henry M. Strodka, Paul Stanco, Maria V. Linares, Jose M Linares, Bozena M. Strodka. Attorney Cohan, William A. added. (Attachments: # 1 Civil Cover Sheet)(Cohan, William) (Entered: 04/10/2018)
2018-04-10PAYMENT for Civil Case filing fee in the amount of $ 400, receipt number 0972-7600908. (Cohan, William) (Entered: 04/10/2018)
2018-04-112SUMMONS ISSUED as to *Internal Revenue Service* with answer to complaint due within *30* days. Attorney *William Allan Cohan* *William A. Cohan, P.C.* *P.O. Box 3448* *Rancho Santa Fe, CA 92067*. (Benson, A.) (Entered: 04/11/2018)
2018-04-113CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent Form, # 2 VDRP) (Benson, A.) (Entered: 04/11/2018)
2018-04-234SUMMONS RETURNED EXECUTED: Internal Revenue Service served on 4/17/2018. (Cohan, William) Modified on 4/24/2018 (Benson, A.). (Entered: 04/23/2018)
2018-05-165MOTION to DISMISS as to Counts 1-9; MOTION FOR SUMMARY JUDGMENT as to Count 10. Motion Hearing set for 6/28/2018 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley.), by Internal Revenue Service. Attorney Ho, Stephen Shuching added. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Cheri A. Rossi, # 3 Exhibits A-L, # 4 Declaration of Patricia I. Perez, # 5 Proposed Order)(Ho, Stephen) Modified on 5/17/2018 (Benson, A.). (Entered: 05/16/2018)
2018-06-146STIPULATION and PROPOSED ORDER for Extending Time to Respond to Defendant's Motions and Continuing Hearing re 5 Motion to Dismiss and Motion for Summary Judgment by Internal Revenue Service. (Attachments: # 1 Proposed Order)(Ho, Stephen) Modified on 6/18/2018 (Fabillaran, J). (Entered: 06/14/2018)
2018-06-157STIPULATION and ORDER signed by District Judge Troy L. Nunley on 6/14/2018 ORDERING that the deadline for Plaintiffs to file their response to Defendants Motion to Dismiss Counts 110 of the Complaint and Motion for Summary Judgment on Count 10 is EXTENDED to 7/5/2018 and the hearing on Defendants motions is hereby CONTINUED to 7/26/2018. (Hunt, G) (Entered: 06/15/2018)
2018-07-058RESPONSE by Jose M. Linares, Maria V. Linares, Paul Stanco, Bozena M. Strodka, Henry M. Strodka to 5 Motion to DismissMotion for Summary Judgment. (Cohan, William) (Entered: 07/05/2018)
2018-07-129REPLY by Internal Revenue Service re 5 Motion to DismissMotion for Summary Judgment. (Ho, Stephen) (Entered: 07/12/2018)
2018-07-1310MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 7/13/2018: On the Court's own motion, Defendant's Motion to Dismiss Counts 1-9 and Motion for Summary Judgment as to Count 10 (ECF No. 5 ) is hereby SUBMITTED without oral argument. Accordingly, the hearing set for 7/26/2018 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. (TEXT ONLY ENTRY) (Krueger, M) (Entered: 07/13/2018)
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by FOIA Project Staff
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