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Case TitleELECTRONIC PRIVACY INFORMATION CENTER v. INTERNAL REVENUE SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00902
Date Filed2018-04-17
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffELECTRONIC PRIVACY INFORMATION CENTER
Case DescriptionThe Electronic Privacy Information Center submitted a FOIA request to the IRS for records concerning accepted offers-in-compromise relating to any past or present tax liability for President Trump. EPIC noted that offers-in-compromise fell within an exception to the rule protecting tax return information. EPIC also requested expedited processing and news media fee status. The agency acknowledged receipt of the request and granted EPIC's request for expedited processing and a fee waiver. The agency told EPIC it would need to take an extension of time to respond. EPIC did not agree to the extension and finally filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantINTERNAL REVENUE SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-171COMPLAINT against INTERNAL REVENUE SERVICE ( Filing fee $ 400 receipt number 0090-5427981) filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Internal Revenue Service, # 3 Summons U.S. Attorney, District of Columbia, # 4 Summons U.S. Attorney General, # 5 Exhibit Nos. 1-7)(Rotenberg, Marc) (Entered: 04/17/2018)
2018-04-172Corporate Disclosure Statement by ELECTRONIC PRIVACY INFORMATION CENTER. (Rotenberg, Marc) (Entered: 04/17/2018)
2018-04-17Case Assigned to Judge Timothy J. Kelly. (zmd) (Entered: 04/20/2018)
2018-04-20SUMMONS Not Issued as to INTERNAL REVENUE SERVICE, U.S. Attorney, U.S. Attorney General. (zmd) (Entered: 04/20/2018)
2018-04-203REQUEST FOR SUMMONS TO ISSUE re 1 Complaint, filed by ELECTRONIC PRIVACY INFORMATION CENTER. Related document: 1 Complaint, filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Summons U.S. Attorney for the District of Columbia, # 2 Summons Attorney General of the United States)(Rotenberg, Marc) (Entered: 04/20/2018)
2018-04-234SUMMONS (3) Issued Electronically as to INTERNAL REVENUE SERVICE, U.S. Attorney and U.S. Attorney General (jf) (Entered: 04/23/2018)
2018-05-085RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/24/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 5/24/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/30/18., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. INTERNAL REVENUE SERVICE served on 4/30/2018 (Attachments: # 1 Certificate of Service as to Attorney General, # 2 Certificate of Service as to Internal Revenue Service)(Butler, Alan) (Entered: 05/08/2018)
2018-05-186MOTION for Extension of Time to File Answer re 1 Complaint, or other Responsive Pleading by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(McMonagle, Ryan) (Entered: 05/18/2018)
2018-05-18MINUTE ORDER: Plaintiff shall file its opposition, if any, to Defendant's 6 Motion for Extension by May 22, 2018. Signed by Judge Timothy J. Kelly on 5/18/2018. (lctjk3) (Entered: 05/18/2018)
2018-05-187Memorandum in opposition to re 6 MOTION for Extension of Time to File Answer re 1 Complaint, or other Responsive Pleading filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(Rotenberg, Marc) (Entered: 05/18/2018)
2018-05-218NOTICE of Appearance by Megan Eileen Hoffman-Logsdon on behalf of INTERNAL REVENUE SERVICE (Hoffman-Logsdon, Megan) (Entered: 05/21/2018)
2018-05-21MINUTE ORDER granting in part Defendant's 6 Motion to Enlarge Time to Answer. It is hereby ORDERED, for good cause shown, that Defendant shall file its response to Plaintiff's complaint by June 15, 2018. Signed by Judge Timothy J. Kelly on 5/21/2018. (lctjk3) (Entered: 05/21/2018)
2018-06-159WITHDRAWN PURSUANT TO DOCKET ENTRY NO. 18 . . . . . MOTION to Dismiss by INTERNAL REVENUE SERVICE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(McMonagle, Ryan) Modified on 2/13/2019 (ztd). (Entered: 06/15/2018)
2018-06-2910Memorandum in opposition to re 9 MOTION to Dismiss filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(Rotenberg, Marc) (Entered: 06/29/2018)
2018-07-0311Unopposed MOTION for Extension of Time to File Response/Reply as to 9 MOTION to Dismiss by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(McMonagle, Ryan) (Entered: 07/03/2018)
2018-07-03MINUTE ORDER granting Defendant's 11 Motion to Extend Time. It is hereby ORDERED that Defendant shall file its reply in support of its 9 Motion to Dismiss by July 10, 2018. Signed by Judge Timothy J. Kelly on 7/3/2018. (lctjk3) (Entered: 07/03/2018)
2018-07-1012REPLY to opposition to motion re 9 MOTION to Dismiss filed by INTERNAL REVENUE SERVICE. (McMonagle, Ryan) (Entered: 07/10/2018)
2018-07-1213MOTION for Leave to File by ELECTRONIC PRIVACY INFORMATION CENTER (Attachments: # 1 Exhibit Proposed Surreply, # 2 Text of Proposed Order)(Rotenberg, Marc) (Entered: 07/12/2018)
2018-07-1214Memorandum in opposition to re 13 MOTION for Leave to File filed by INTERNAL REVENUE SERVICE. (Attachments: # 1 Text of Proposed Order)(McMonagle, Ryan) (Entered: 07/12/2018)
2018-12-1915NOTICE of Appearance by John L. Davisson on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Davisson, John) (Entered: 12/19/2018)
2018-12-1916NOTICE OF SUPPLEMENTAL AUTHORITY by ELECTRONIC PRIVACY INFORMATION CENTER (Attachments: # 1 Exhibit)(Davisson, John) (Entered: 12/19/2018)
2018-12-21MINUTE ORDER: It is hereby ORDERED that Defendant shall file a submission in response to Plaintiff's 16 Notice of Supplemental Authority setting forth Defendant's position on the impact of the D.C. Circuit's decision in Electronic Privacy Information Center v. Internal Revenue Service , 17-5225 (Dec. 18, 2018), on the instant case by January 10, 2019. Signed by Judge Timothy J. Kelly on 12/21/2018. (lctjk3) (Entered: 12/21/2018)
2018-12-2617MOTION to Stay by INTERNAL REVENUE SERVICE (Hoffman-Logsdon, Megan) (Entered: 12/26/2018)
2018-12-28MINUTE ORDER: It is hereby ORDERED that Defendant shall file its submission in response to Plaintiff's 16 Notice of Supplemental Authority by February 11, 2019. Signed by Judge Timothy J. Kelly on 12/28/2018. (lctjk3) (Entered: 12/28/2018)
2019-01-28MINUTE ORDER denying Defendant's 17 Motion to Stay. Given the restoration of funding to the Department of Justice, it is hereby ORDERED that Defendant's motion to stay the case is DENIED AS MOOT. Signed by Judge Timothy J. Kelly on 1/28/2019. (lctjk3) (Entered: 01/28/2019)
2019-02-1118NOTICE OF WITHDRAWAL OF MOTION by INTERNAL REVENUE SERVICE re 9 MOTION to Dismiss , Order, Set Deadlines, Order,, Set Deadlines, and Notice of Intent to Refile Within Twenty-One Days (Hoffman-Logsdon, Megan) (Entered: 02/11/2019)
2019-02-11MINUTE ORDER: In light of Defendant's 18 Notice of Withdrawal of its 9 Motion to Dismiss, it is hereby ORDERED that Plaintiff's 13 Motion for Leave to File a Surreply in Opposition to Defendant's Motion to Dismiss is DENIED AS MOOT. Signed by Judge Timothy J. Kelly on 2/11/2019. (lctjk3) (Entered: 02/11/2019)
2019-02-1319STATUS REPORT AND MOTION TO ADOPT A SCHEDULE FOR FURTHER PROCEEDINGS by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(Davisson, John) (Entered: 02/13/2019)
2019-02-1320MOTION for Scheduling Order by ELECTRONIC PRIVACY INFORMATION CENTER. (See Docket Entry 19 to view document). (znmw) Modified on 4/1/2019 to terminate motion (kh). (Entered: 02/15/2019)
2019-02-14MINUTE ORDER: In light of the representations in Defendant's 18 Notice of Withdrawal, it is hereby ORDERED that Defendant shall file any revised motion to dismiss Plaintiff's 1 Complaint by March 4, 2019. Signed by Judge Timothy J. Kelly on 2/14/2019. (lctjk3) (Entered: 02/14/2019)
2019-03-0421MOTION to Dismiss by INTERNAL REVENUE SERVICE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Hoffman-Logsdon, Megan) (Entered: 03/04/2019)
2019-03-1822Memorandum in opposition to re 21 MOTION to Dismiss filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(Davisson, John) (Entered: 03/18/2019)
2019-03-2023MOTION for Extension of Time to File Response/Reply as to 21 MOTION to Dismiss by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(McMonagle, Ryan) (Entered: 03/20/2019)
2019-03-2024Memorandum in opposition to re 23 MOTION for Extension of Time to File Response/Reply as to 21 MOTION to Dismiss filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(Davisson, John) (Entered: 03/20/2019)
2019-03-21MINUTE ORDER granting Defendant's 23 Motion for Extension of Time. It is hereby ORDERED that Defendant's 23 Motion for Extension of Time is GRANTED. It is further ORDERED that Defendant shall file its reply in support of its 21 Motion to Dismiss by April 8, 2019. Signed by Judge Timothy J. Kelly on 3/21/2019. (lctjk3) (Entered: 03/21/2019)
2019-04-0825REPLY to opposition to motion re 21 MOTION to Dismiss filed by INTERNAL REVENUE SERVICE. (McMonagle, Ryan) (Entered: 04/08/2019)
2019-09-0326NOTICE of Change of Address by John L. Davisson (Davisson, John) (Entered: 09/03/2019)
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by FOIA Project Staff
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