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Case TitleArledge v. Internal Revenue Service et al
DistrictNorthern District of Texas
CityDallas
Case Number3:2018cv00899
Date Filed2018-04-11
Date ClosedOpen
JudgeSenior Judge A. Joe Fish
PlaintiffRichard A Arledge
Case DescriptionRichard Arledge submitted FOIA requests to the IRS and the Executive Office for U.S. Attorneys for records concerning a subpoena to Wachovia Bank in a case involving Cecil Coleman, who was now deceased. Both agencies acknowledged receipt of the requests. The IRS told Arledge he would need to provide third-party authorization. Arledge told the IRS that Coleman was deceased, but he heard nothing further from either agency. Arledge then filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantInternal Revenue Service
DefendantUnited States Attorney's Office Eastern District of Texas
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-111COMPLAINT against All Defendants filed by Richard A Arledge. (Filing fee $400; Receipt number 0539-9116249) 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) A, # 2 Exhibit(s) B) (Lurich, Ryan) (Entered: 04/11/2018)
2018-04-112ADDITIONAL ATTACHMENTS Civil Cover Sheet to 1 Complaint by Plaintiff Richard A Arledge. (Lurich, Ryan) Modified text on 4/12/2018 (mcrd/ala). (Entered: 04/11/2018)
2018-04-113*Duplicate entry of document 2 * ADDITIONAL ATTACHMENTS to 1 Complaint by Plaintiff Richard A Arledge. (Lurich, Ryan) Modified on 4/12/2018 (mcrd/ala). (Entered: 04/11/2018)
2018-04-124New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (mcrd/ala) (Entered: 04/12/2018)
2018-04-125Summons issued as to Internal Revenue Service, United States Attorney's Office, U.S. Attorney, and U.S. Attorney General. (mcrd/ala) (Entered: 04/12/2018)
2018-04-166ORDER: No later than 20 days after this order is filed, plaintiff must comply with Rule 3.1(c) or 3.2(e) so that the court can ensure that recusal is not required in this case. (Ordered by Senior Judge A. Joe Fish on 4/16/2018) (rekc) (Entered: 04/16/2018)
2018-04-177CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Richard A Arledge. (Lurich, Ryan) (Entered: 04/17/2018)
2018-05-148NOTICE of Attorney Appearance by Erin Faith Darden on behalf of Internal Revenue Service. (Filer confirms contact info in ECF is current.) (Darden, Erin) (Entered: 05/14/2018)
2018-05-169Unopposed Motion for Extension of Time to File Answer filed by Internal Revenue Service, United States Attorney's Office (Attachments: # 1 Proposed Order) (Darden, Erin) (Entered: 05/16/2018)
2018-05-1610ORDER granting 9 Motion for Extension of Time to File Answer re 1 Complaint. The defendants shall electronically file an answer or otherwise plead or file a motion in response to plaintiffs complaint no later than 6/17/2018. (Ordered by Senior Judge A. Joe Fish on 5/16/2018) (ykp) (Entered: 05/17/2018)
2018-05-1811NOTICE of Attorney Appearance by Clayton Ray Mahaffey-DOJ on behalf of United States Attorney's Office. (Filer confirms contact info in ECF is current.) (Mahaffey-DOJ, Clayton) (Entered: 05/18/2018)
2018-06-1812Motion to Dismiss for Failure to State a Claim filed by United States Attorney's Office (Mahaffey-DOJ, Clayton) (Entered: 06/18/2018)
2018-06-1813Brief/Memorandum in Support filed by United States Attorney's Office re 12 Motion to Dismiss for Failure to State a Claim and Exhibits in Support (Attachments: # 1 Exhibit(s)) (Mahaffey-DOJ, Clayton) (Entered: 06/18/2018)
2018-06-1814Motion to Dismiss for Failure to State a Claim filed by Internal Revenue Service (Darden, Erin) (Entered: 06/18/2018)
2018-06-1815Brief/Memorandum in Support filed by Internal Revenue Service re 14 Motion to Dismiss for Failure to State a Claim (Attachments: # 1 Affidavit(s)) (Darden, Erin) (Entered: 06/18/2018)
2018-07-0616MOTION for Extension of Time to File Response/Reply to 14 Motion to Dismiss for Failure to State a Claim, 12 Motion to Dismiss for Failure to State a Claim filed by Richard A Arledge (Attachments: # 1 Proposed Order Extending Time to Respond) (Lurich, Ryan) (Entered: 07/06/2018)
2018-07-0917ORDER granting 16 Motion to Extend Time to File Response/Reply. Responses due by 7/23/2018. Replies due by 8/7/2018. (Ordered by Senior Judge A. Joe Fish on 7/9/2018) (rekc) (Main Document 17 replaced on 7/10/2018) (rekc). (Entered: 07/10/2018)
2018-07-2318RESPONSE filed by Richard A Arledge re: 14 Motion to Dismiss for Failure to State a Claim, 12 Motion to Dismiss for Failure to State a Claim (Attachments: # 1 Exhibit(s) 1) (Lurich, Ryan) (Entered: 07/23/2018)
2018-07-2619MOTION for Extension of Time to File Response/Reply to 18 Response/Objection filed by Internal Revenue Service (Attachments: # 1 Proposed Order) (Darden, Erin) (Entered: 07/26/2018)
2018-07-2720ORDER granting 19 Motion to Extend Time to File Reply to Motion to Dismiss. Replies due by 8/22/2018. (Ordered by Senior Judge A. Joe Fish on 7/27/2018) (axm) (Entered: 07/30/2018)
2018-08-2121REPLY filed by Internal Revenue Service re: 14 Motion to Dismiss for Failure to State a Claim (Darden, Erin) (Entered: 08/21/2018)
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by FOIA Project Staff
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