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Case TitleINSTITUTE FOR JUSTICE v. INTERNAL REVENUE SERVICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01477
Date Filed2018-06-22
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffINSTITUTE FOR JUSTICE
Case DescriptionThe Institute for Justice submitted two FOIA requests to the IRS for records concerning civil asset forfeiture policies. The Institute of Justice also requested a fee waiver. The agency acknowledged receipt of the request and provided an interim response containing seven documents. The IRS later disclosed another 174 documents, most of which were heavily redacted under Exemption 7(A) (interference with ongoing investigation or proceeding). The Institute for Justice submitted the same request to the Department of Justice. The agency acknowledged receipt of the requests, but after hearing nothing further from either agency, Institute for Justice filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantINTERNAL REVENUE SERVICE
DefendantDEPARTMENT OF JUSTICE
950 Pennsylvania Ave., NW
Washington, DC 20530
DefendantDEPARTMENT OF JUSTICE
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

2018-06-221COMPLAINT against DEPARTMENT OF JUSTICE, INTERNAL REVENUE SERVICE ( Filing fee $ 400 receipt number 0090-5550915) filed by INSTITUTE FOR JUSTICE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Civil Cover Sheet, # 12 Summons to Internal Revenue Service, # 13 Summons to Department of Justice, # 14 Summons to U.S. Attorney General, # 15 Summons to U.S. Attorney for D.C.)(Prins, Andrew) (Entered: 06/22/2018)
2018-06-222Corporate Disclosure Statement by INSTITUTE FOR JUSTICE. (Prins, Andrew) (Entered: 06/22/2018)
2018-06-22Case Assigned to Judge Trevor N. McFadden. (zmd) (Entered: 06/25/2018)
2018-06-253NOTICE of Appearance by Ryan S. Baasch on behalf of INSTITUTE FOR JUSTICE (Baasch, Ryan) (Entered: 06/25/2018)
2018-06-254STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 6/25/2018. (lctnm3) (Entered: 06/25/2018)
2018-06-265SUMMONS (4) Issued Electronically as to DEPARTMENT OF JUSTICE, INTERNAL REVENUE SERVICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 06/26/2018)
2018-07-266NOTICE of Appearance by Melanie Dyani Hendry on behalf of DEPARTMENT OF JUSTICE (Hendry, Melanie) (Entered: 07/26/2018)
2018-07-267Consent MOTION for Extension of Time to File Answer re 1 Complaint,, or Otherwise Respond to Complaint by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(McMonagle, Ryan) (Entered: 07/26/2018)
2018-07-318Case randomly reassigned to Judge Colleen Kollar-Kotelly. Judge Trevor N. McFadden is no longer assigned to the case. (ztnr) (Entered: 07/31/2018)
2018-07-31MINUTE ORDER: Defendants having moved for an extension of time to answer or otherwise respond to the 1 Complaint, having shown good cause, and the Plaintiff having not opposed the motion, it is hereby ORDERED that the Defendants' motion for a 30-day extension to answer or otherwise respond to the 1 Complaint is GRANTED nunc pro tunc ; and the Internal Revenue Service and the Department of Justice shall answer or otherwise respond to the 1 Complaint in this action no later than AUGUST 28, 2018. Signed by Judge Colleen Kollar-Kotelly on July 31, 2018. (lcckk1) (Entered: 07/31/2018)
2018-07-31Set/Reset Deadlines: Answers due by 8/28/2018. (dot) (Entered: 07/31/2018)
2018-07-319ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 07/31/2018.(DM) (Entered: 07/31/2018)
2018-08-0110NOTICE of Appearance by Catriona M. Coppler on behalf of INTERNAL REVENUE SERVICE (Coppler, Catriona) (Entered: 08/01/2018)
2018-08-2011RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. INTERNAL REVENUE SERVICE served on 6/28/2018 (Prins, Andrew) (Entered: 08/20/2018)
2018-08-2012RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 6/29/2018 (Prins, Andrew) (Entered: 08/20/2018)
2018-08-2013RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/29/2018. (Prins, Andrew) (Entered: 08/20/2018)
2018-08-2014RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/29/2018. Answer due for ALL FEDERAL DEFENDANTS by 7/29/2018. (Prins, Andrew) (Entered: 08/20/2018)
2018-08-2815ANSWER to Complaint by DEPARTMENT OF JUSTICE.(Hendry, Melanie) (Entered: 08/28/2018)
2018-08-2816ANSWER to Complaint by INTERNAL REVENUE SERVICE.(Coppler, Catriona) (Entered: 08/28/2018)
2018-08-2917ORDER. The parties shall file a Joint Status Report by no later than SEPTEMBER 19, 2018. Signed by Judge Colleen Kollar-Kotelly on 8/29/2018. (lcckk3) (Entered: 08/29/2018)
2018-08-2918AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants filed by INSTITUTE FOR JUSTICE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Baasch, Ryan) (Entered: 08/29/2018)
2018-08-29Set/Reset Deadlines: Joint Status Report due by 9/19/2018. (dot) (Entered: 08/31/2018)
2018-09-1219ANSWER to 18 Amended Complaint, by DEPARTMENT OF JUSTICE.(Hendry, Melanie) (Entered: 09/12/2018)
2018-09-1220ANSWER to 18 Amended Complaint, by INTERNAL REVENUE SERVICE.(Coppler, Catriona) (Entered: 09/12/2018)
2018-09-1921Joint STATUS REPORT by INSTITUTE FOR JUSTICE. (Baasch, Ryan) (Entered: 09/19/2018)
2018-09-20MINUTE ORDER: The Court is in receipt of parties' 21 Joint Status Report. The parties represent that Defendant has completed Plaintiff's 2016 request. Defendant is continuing to work on Plaintiff's 2017 and 2018 requests and will be able to provide a schedule for completing these requests within the next forty-five days. Plaintiff anticipates that it will file a Motion for Summary Judgment regarding withholdings in the production of Plaintiff's 2016 request. But, to avoid bifurcated briefing, Plaintiff will not file a Motion for Summary Judgment before more information is known about the 2017 and 2018 requests. The Court ORDERS the parties to file a Joint Status Report by NOVEMBER 2, 2018 apprising the Court on the status of Defendant's progress on Plaintiff's FOIA requests. If circumstances warrant, parties will also file a proposed briefing schedule for summary judgment at that time. Signed by Judge Colleen Kollar-Kotelly on 09-20-2018. (lcckk3) (Entered: 09/20/2018)
2018-09-20Set/Reset Deadlines: Joint Status Report due by 11/2/2018, apprising the Court on the status of Defendant's progress on Plaintiff's FOIA requests. (dot) (Entered: 09/21/2018)
2018-11-0222Joint STATUS REPORT by INSTITUTE FOR JUSTICE. (Baasch, Ryan) (Entered: 11/02/2018)
2018-11-02MINUTE ORDER: The Court is in receipt of the parties' 22 Joint Status Report. Plaintiff and the IRS report that the IRS's search for documents responsive to Plaintiff's 2017 and 2018 requests has identified approximately 13,209 responsive pages. The IRS has proposed to produce the documents on a rolling basis, with a final deadline for the entire production of February 25, 2019. Plaintiff and the IRS are ORDERED to file a further Joint Status Report on MARCH 4, 2019, proposing a schedule for summary judgment briefing on withholdings from the 2016 IRS request and, if needed, on withholdings from the 2017 and 2018 IRS requests. Plaintiff and the DOJ report that DOJ's initial search has returned approximately 1 million responsive pages, and the search is ongoing. The DOJ anticipates that it can propose a production schedule by November 30, 2018. But, Plaintiff requests that the Court order the parties to file another Joint Status Report by November 16, 2018, apprising the Court of whether negotiations to narrow Plaintiff's request have been fruitful. Plaintiff and the DOJ are ORDERED to file another Joint Status Report on NOVEMBER 16, 2018, apprising the Court on the status of efforts to narrow Plaintiff's request. Signed by Judge Colleen Kollar-Kotelly on 11/2/2018. (lcckk3) (Entered: 11/02/2018)
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