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Case TitleRifle Remedies, LLC et al v. Internal Revenue Service, The
DistrictDistrict of Colorado
CityDenver
Case Number1:2018cv00949
Date Filed2018-04-23
Date ClosedOpen
JudgeJudge Philip A. Brimmer
PlaintiffRifle Remedies, LLC a Colorado Limited Liability Company
PlaintiffM&M Ventures, Inc. a Colorado Corporation
PlaintiffDaniel Meskin an Individual
PlaintiffKari Meskin an Individual
PlaintiffMike Miller an Individual
PlaintiffMichelle Miller an Individual
PlaintiffMedicinal Wellness Center, LLC a Colorado Limited Liability Company
PlaintiffMedicinal Oasis, LLC a Colorado Limited Liability Company
PlaintiffJudy Aragon an Individual
PlaintiffMichael Aragon an Individual
PlaintiffStanding Akimbo, LLC a Colorado Limited Liability Company
PlaintiffJohn Murphy an Individual
PlaintiffSamantha Murphy an Individual
Case DescriptionRifle Remedies, Medicinal Wellness Center, and Standing Akimbo, all of which had been audited by the IRS, submitted FOIA requests to the IRS for records concerning the Examination Division Administrative File for the audits. The agency acknowledged receipt of the requests and asked the organizations to narrow the scope of their requests. The IRS told the organizations that it could not respond within the 20-day time limit. Rifle Remedies and the other organizations then filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantInternal Revenue Service, The
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
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-231COMPLAINT against Internal Revenue Service (Filing fee $ 400,Receipt Number 1082-6066167)Attorney James David Thorburn added to party Judy Aragon(pty:pla), Attorney James David Thorburn added to party Michael Aragon(pty:pla), Attorney James David Thorburn added to party M&M Ventures, Inc.(pty:pla), Attorney James David Thorburn added to party Medicinal Oasis, LLC(pty:pla), Attorney James David Thorburn added to party Medicinal Wellness Center, LLC(pty:pla), Attorney James David Thorburn added to party Daniel Meskin(pty:pla), Attorney James David Thorburn added to party Kari Meskin(pty:pla), Attorney James David Thorburn added to party Michelle Miller(pty:pla), Attorney James David Thorburn added to party Mike Miller(pty:pla), Attorney James David Thorburn added to party John Murphy(pty:pla), Attorney James David Thorburn added to party Samantha Murphy(pty:pla), Attorney James David Thorburn added to party Rifle Remedies, LLC(pty:pla), Attorney James David Thorburn added to party Standing Akimbo, LLC(pty:pla), filed by Michelle Miller, Standing Akimbo, LLC, Daniel Meskin, Medicinal Wellness Center, LLC, Judy Aragon, John Murphy, M&M Ventures, Inc., Medicinal Oasis, LLC, Rifle Remedies, LLC, Kari Meskin, Samantha Murphy, Michael Aragon, Mike Miller. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons IRS Summons, # 3 Summons US Attorney Summons, # 4 Summons Attorney General Summons, # 5 Exhibit Exhibit 1, # 6 Exhibit Exhibit 2, # 7 Exhibit Exhibit 3, # 8 Exhibit Exhibit 4, # 9 Exhibit Exhibit 5, # 10 Exhibit Exhibit 6, # 11 Exhibit Exhibit 7, # 12 Exhibit Exhibit 8, # 13 Exhibit Exhibit 9, # 14 Exhibit Exhibit 10, # 15 Exhibit Exhibit 11)(Thorburn, James) (Entered: 04/23/2018)
2018-04-232Case assigned to Magistrate Judge Michael J. Watanabe. Text Only Entry. (rroge, ) (Entered: 04/24/2018)
2018-04-233SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Summons, # 3 Magistrate Judge Consent Form) (rroge, ) (Entered: 04/24/2018)
2018-04-244ORDER Setting Scheduling/Planning Conference and Setting Deadline for Filing of Consent/Non-Consent Form, by Magistrate Judge Michael J. Watanabe on 4/24/2018. Consent/Non-Consent Form due on or before 7/3/2018. Scheduling/Planning Conference set for 7/17/2018 09:30 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. (slibi, ) (Entered: 04/24/2018)
2018-04-245MOTION for Leave to Restrict by Plaintiffs Judy Aragon, Michael Aragon, M&M Ventures, Inc., Medicinal Oasis, LLC, Medicinal Wellness Center, LLC, Daniel Meskin, Kari Meskin, Michelle Miller, Mike Miller, John Murphy, Samantha Murphy, Rifle Remedies, LLC, Standing Akimbo, LLC. (Thorburn, James) (Entered: 04/24/2018)
2018-04-246NOTICE re 5 MOTION for Leave to Restrict by Plaintiffs Judy Aragon, Michael Aragon, M&M Ventures, Inc., Medicinal Oasis, LLC, Medicinal Wellness Center, LLC, Daniel Meskin, Kari Meskin, Michelle Miller, Mike Miller, John Murphy, Samantha Murphy, Rifle Remedies, LLC, Standing Akimbo, LLC (Attachments: # 1 Exhibit 1, # 2 Exhibit 4, # 3 Exhibit 7)(Thorburn, James) (Entered: 04/24/2018)
2018-05-017MINUTE ORDER granting 5 Motion for Leave to Restrict Public Access, by Magistrate Judge Michael J. Watanabe on 5/01/2018. The Clerk is directed to place Docket Nos. 1-5, 1- 8, and 1-11 under Level 1 Restriction. The Court will accept Docket Nos. 6-1, 6-2, and 6-3 as the redacted versions of Exhibits 1, 4, and 7 to the Complaint. (slibi, ) (Entered: 05/01/2018)
2018-06-048CERTIFICATE of Mailing/Service re 1 Complaint,,,,,, by Plaintiffs Judy Aragon, Michael Aragon, M&M Ventures, Inc., Medicinal Oasis, LLC, Medicinal Wellness Center, LLC, Daniel Meskin, Kari Meskin, Michelle Miller, Mike Miller, John Murphy, Samantha Murphy, Rifle Remedies, LLC, Standing Akimbo, LLC. (Thorburn, James) (Entered: 06/04/2018)
2018-06-079NOTICE of Entry of Appearance by Nishant Kumar on behalf of Internal Revenue Service, TheAttorney Nishant Kumar added to party Internal Revenue Service, The(pty:dft) (Kumar, Nishant) (Entered: 06/07/2018)
2018-06-2810Joint MOTION to Continue /Reschedule Conference by Defendant Internal Revenue Service, The. (Attachments: # 1 Proposed Order (PDF Only))(Kumar, Nishant) (Entered: 06/28/2018)
2018-06-2811MINUTE ORDER granting 10 Joint Motion to Reschedule Case Planning Conference, by Magistrate Judge Michael J. Watanabe on 6/28/2018. Scheduling Conference set for 7/17/2018 is VACATED and RESET to 8/22/2018 01:30 PM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. The proposed Scheduling Order shall be filed on or before August 15, 2018. The Consent/Non-Consent deadline is extended to August 8, 2018. (slibi, ) (Entered: 06/28/2018)
2018-07-0212ANSWER to 1 Complaint,,,,,, by Internal Revenue Service, The.(Kumar, Nishant) (Entered: 07/02/2018)
2018-08-0213CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Judy Aragon, Michael Aragon, M&M Ventures, Inc., Medicinal Oasis, LLC, Medicinal Wellness Center, LLC, Daniel Meskin, Kari Meskin, Michelle Miller, Mike Miller, John Murphy, Samantha Murphy, Rifle Remedies, LLC, Standing Akimbo, LLC All parties do not consent.. (Thorburn, James) (Entered: 08/02/2018)
2018-08-0214Unopposed MOTION for Leave to Appear by Telephone at Case Conference by Defendant Internal Revenue Service, The. (Attachments: # 1 Proposed Order (PDF Only))(Kumar, Nishant) (Entered: 08/02/2018)
2018-08-0215CASE REASSIGNED. All parties do not consent. This case is randomly reassigned to Judge Wiley Y. Daniel. All future pleadings should be designated as 18-cv-00949-WYD. (Text Only Entry) (slibi, ) (Entered: 08/02/2018)
2018-08-0716MEMORANDUM RETURNING CASE by Judge Wiley Y. Daniel. (rkeec) (Entered: 08/07/2018)
2018-08-0717CASE REASSIGNED pursuant to 16 Memorandum Returning Case. This case is randomly reassigned to Judge Philip A. Brimmer. All future pleadings should be designated as 18-cv-00949-PAB. (Text Only Entry) (rkeec) (Entered: 08/07/2018)
2018-08-0818MINUTE ORDER. The Scheduling Conference set for August 22, 2018 is VACATED. After the new Magistrate Judge assigned to this case is sworn in, counsel shall contact the Magistrate Judge's Chambers at 303-844-2403 to reset the Scheduling Conference. Defendant's Motion for Leave to Appear by Telephone 14 is denied as moot. By Judge Philip A. Brimmer on 8/8/18. Text Only Entry (pabsec) (Entered: 08/08/2018)
2018-08-1519ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter for non-dispositive matters. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, and (4) conduct a pretrial conference and enter a pretrial order. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Philip A. Brimmer on 8/15/18. Text Only Entry (pabsec) (Entered: 08/15/2018)
2018-08-1720MINUTE ORDER Scheduling/Planning Conference set for 9/11/2018 10:00 AM in Courtroom C205 before Magistrate Judge N. Reid Neureiter, by Magistrate Judge N. Reid Neureiter on 8/17/2018. T he proposed Scheduling Order shall be filed on or before September 4, 2018. Defendant may appear by telephone by calling chambers (303-335-2403) at the scheduled time. (slibi, ) (Entered: 08/17/2018)
2018-08-2021ORDER by Judge Philip A. Brimmer on 08/20/2018. ORDERED that the Clerk of the Court shall reassign this case to Magistrate Judge Gordon P. Gallagher as the referral judge. All further pleadings in this case shall reflect the case number of 18-cv-00949-PAB-GPG. (sphil, ) (Entered: 08/20/2018)
2018-08-2022REASSIGNING MAGISTRATE JUDGE. Pursuant to 21 Order, this action is directly reassigned to Magistrate Judge Gordon P. Gallagher as the referral judge. All future pleadings should be designated as 18-cv-00949-PAB-GPG. (Text Only Entry). (sphil, ) (Entered: 08/20/2018)
2018-08-2323ORDER: Scheduling Conference which had been set for 9/11/2018 with Magistrate Judge Neureiter is hereby VACATED and is re-set for 9/14/2018 11:00 AM in Room 323 (Grand Junction) before Magistrate Judge Gordon P. Gallagher. A Scheduling Conference is set in GRAND JUNCTION, Colorado at the Wayne Aspinall Federal Building - United States Courthouse, 400 Rood Avenue, Grand Junction, CO 81501 before U.S. Magistrate Judge Gordon P. Gallagher. The parties shall comply with the Instructions to Scheduling Order for U.S. Magistrate Judge Gordon P. Gallagher which can be found at www.cod.uscourts.gov. Parties concerned regarding travel time and expense to Grand Junction for appearances before the Magistrate Judge are referred to this Magistrate Judge's policy in that regard which can be found at the above website. By Magistrate Judge Gordon P. Gallagher on August 23, 2018. Text Only Entry (gpgsec ) (Entered: 08/23/2018)
2018-09-0524Unopposed MOTION for Leave to Appear by Telephone 23 Order,,, by Defendant Internal Revenue Service, The. (Attachments: # 1 Proposed Order (PDF Only))(Kumar, Nishant) (Entered: 09/05/2018)
2018-09-0525MEMORANDUM regarding 24 Unopposed MOTION for Leave to Appear by Telephone filed by Internal Revenue Service, The. Motion referred to Magistrate Judge Gordon P. Gallagher by Judge Philip A. Brimmer on 9/5/18. Text Only Entry (pabsec) (Entered: 09/05/2018)
2018-09-0526Unopposed MOTION for Leave to Appear by Telephone 23 Order,,, by Plaintiffs Judy Aragon, Michael Aragon, M&M Ventures, Inc., Medicinal Oasis, LLC, Medicinal Wellness Center, LLC, Daniel Meskin, Kari Meskin, Michelle Miller, Mike Miller, John Murphy, Samantha Murphy, Rifle Remedies, LLC, Standing Akimbo, LLC. (Thorburn, James) (Entered: 09/05/2018)
2018-09-0527MEMORANDUM regarding 26 Unopposed MOTION for Leave to Appear by Telephone 23 Order filed by Michelle Miller, M&M Ventures, Inc., Kari Meskin, Standing Akimbo, LLC, Daniel Meskin, Judy Aragon, Rifle Remedies, LLC, Samantha Murphy, Medicinal Oasis, LLC, Michael Aragon, John Murphy, Mike Miller, Medicinal Wellness Center, LLC. Motion referred to Magistrate Judge Gordon P. Gallagher by Judge Philip A. Brimmer on 9/5/18. Text Only Entry (pabsec) (Entered: 09/05/2018)
2018-09-0628ORDER granting 24 Motion for Leave to Appear by Telephone. The parties shall contact the Court at (970) 241-8932, Extension 8225 at the time of the hearing. The parties shall coordinate among themselves so that all parties are on one conference call at the time the call is placed to the Court. The Court does not have the ability to conference multiple parties so all parties are to be on the line at the time the Court is contacted. By Magistrate Judge Gordon P. Gallagher on September 6, 2018. Text Only Entry (gpgsec, ) (Entered: 09/06/2018)
2018-09-0629ORDER granting 26 Motion for Leave to Appear by Telephone. The parties shall contact the Court at (970) 241-8932, Extension 8225 at the time of the hearing. The parties shall coordinate among themselves so that all parties are on one conference call at the time the call is placed to the Court. The Court does not have the ability to conference multiple parties so all parties are to be on the line at the time the Court is contacted. By Magistrate Judge Gordon P. Gallagher on September 6, 2018. Text Only Entry (gpgsec ) (Entered: 09/06/2018)
2018-09-0730Proposed Scheduling Order by Plaintiffs Judy Aragon, Michael Aragon, M&M Ventures, Inc., Medicinal Oasis, LLC, Medicinal Wellness Center, LLC, Daniel Meskin, Kari Meskin, Michelle Miller, Mike Miller, John Murphy, Samantha Murphy, Rifle Remedies, LLC, Standing Akimbo, LLC. (Thorburn, James) (Entered: 09/07/2018)
2018-09-1431MINUTE ENTRY for proceedings held before Magistrate Judge Gordon P. Gallagher: Scheduling Conference held on 9/14/2018. In this FOIA matter, the parties apprized the Court of the need for a customized Scheduling Order and also advised the Court of matters in dispute concerning disclosures. ORDERED: The parties should confer and submit a revised Scheduling Order within ten (10)days. FTR: Grand Junction-am. (nmarb, ) (Entered: 09/14/2018)
2018-09-2432Proposed Scheduling Order Joint Scheduling Plan by Plaintiffs Judy Aragon, Michael Aragon, M&M Ventures, Inc., Medicinal Oasis, LLC, Medicinal Wellness Center, LLC, Daniel Meskin, Kari Meskin. (Thorburn, James) (Entered: 09/24/2018)
2018-10-0133JOINT SCHEDULE by Magistrate Judge Gordon P. Gallagher on 10/1/18. (nmarb, ) (Entered: 10/02/2018)
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