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Case TitleMakarova Cross et al v. US Treasury Department et al
DistrictDistrict of Rhode Island
CityProvidence
Case Number1:2018cv00346
Date Filed2018-06-26
Date ClosedOpen
JudgeDistrict Judge John J. McConnell, Jr.
PlaintiffNellie Makarova Cross
PlaintiffSergey Korolev
Case DescriptionNellie Makaraova Cross and Sergey Korol Korlev submitted a FOIA request to the IRS for records concerning audits conducted between 2007 through 2015. The agency acknowledged request of the request. The agency denied the request under Exemption 3 (other statutes), Exemption 7(A) (interference with ongoing investigation or proceeding), and Exemption 7(E) (investigative methods and techniques). Cross and Korlev filed an administrative appeal. The agency upheld its original decision. Cross and Korlev then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantUS Treasury Department
DefendantInternal Revenue Service
Documents
Docket
Complaint
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-06-261COMPLAINT ( filing fee paid $ 400.00, receipt number 0103-1229771 ), filed by Nellie Makarova Cross.(Reilly, Charles) (Main Document 1 replaced on 6/26/2018) (Potter, Carrie). (Additional attachment(s) added on 6/26/2018: # 1 Exhibit, # 2 Civil Cover Sheet) (Potter, Carrie). (Entered: 06/26/2018)
2018-06-262MOTION to Compel Preparation of a Vaughn Index filed by Nellie Makarova Cross. Responses due by 7/10/2018. (Reilly, Charles) (Entered: 06/26/2018)
2018-06-26DOCKET NOTE: Regarding: 1 Complaint,. CLERK’S NOTE : Remote electronic access to the document has been restricted by the Clerk’s Office as it contains one or more personal identifiers. Filer is directed to submit a redacted version. (Potter, Carrie) (Entered: 06/26/2018)
2018-06-26Case assigned to District Judge John J. McConnell, Jr. and Magistrate Judge Lincoln D. Almond. (Potter, Carrie) (Entered: 06/26/2018)
2018-06-263CASE OPENING NOTICE ISSUED (Potter, Carrie) (Entered: 06/26/2018)
2018-06-274EXHIBIT IN SUPPORT by Nellie Makarova Cross in support of 1 Complaint, Injunctive Relief Redacted . (Reilly, Charles) (Entered: 06/27/2018)
2018-07-105RESPONSE In Opposition to 2 MOTION to Compel Preparation of a Vaughn Index filed by Internal Revenue Service. Replies due by 7/17/2018. (Attachments: # 1 Supporting Memorandum, # 2 Proposed Order)(Darden, Erin) (Entered: 07/10/2018)
2018-07-176MOTION for an Extension of Time to File Answer re 1 Complaint, filed by Internal Revenue Service. Responses due by 7/31/2018. (Attachments: # 1 Proposed Order)(Darden, Erin) (Entered: 07/17/2018)
2018-07-18TEXT ORDER granting 6 Motion for Extension of Time to Answer: Reset Deadlines: Internal Revenue Service answer due 8/26/2018 - So Ordered by District Judge John J. McConnell, Jr. on 7/18/2018 (Barletta, Barbara) (Entered: 07/18/2018)
2018-07-23TEXT ORDER: Plaintiff's 2 Motion to Compel is denied without prejudice as premature - So Ordered by District Judge John J. McConnell, Jr. on 7/23/2018. (Barletta, Barbara) (Entered: 07/23/2018)
2018-08-277ANSWER to Complaint by Internal Revenue Service.(Darden, Erin) (Entered: 08/27/2018)
2018-08-308MOTION to Compel Preparation of a Vaughn Index filed by Nellie Makarova Cross. Responses due by 9/13/2018. (Reilly, Charles) (Entered: 08/30/2018)
2018-09-14TEXT ORDER granting as unopposed 8 Motion to Compel Vaugh Index- So Ordered by District Judge John J. McConnell, Jr. on 9/14/2018. (Barletta, Barbara) (Entered: 09/14/2018)
2018-09-149NOTICE of Hearing: Telephonic Rule 16 Conference set for Friday, 10/5/2018 at 09:00 AM before District Judge John J. McConnell, Jr. The Court will initiate the call. Counsel shall provide the Clerk with contact information if it differs from the docket sheet. (Barletta, Barbara) (Entered: 09/14/2018)
2018-09-1810NOTICE of Appearance by Stephanie A. Sasarak on behalf of Internal Revenue Service (Sasarak, Stephanie) (Entered: 09/18/2018)
2018-09-1811MOTION for an Extension of Time to File Response/Reply as to Order on Motion to Compel filed by Internal Revenue Service. Responses due by 10/2/2018. (Attachments: # 1 Response to the plaintiffs' second Motion to Compel Preparation of Vaughn Index)(Darden, Erin) (Entered: 09/18/2018)
2018-10-0212REPORT of Rule 26(f) Planning Meeting. (Darden, Erin) (Entered: 10/02/2018)
2018-10-0213RESPONSE In Opposition to 11 MOTION for an Extension of Time to File Response/Reply as to Order on Motion to Compel filed by Nellie Makarova Cross. Replies due by 10/9/2018. (Reilly, Charles) (Entered: 10/02/2018)
2018-10-03HEARING CANCELLED: The Telephonic Rule 16 Conference scheduled for Friday, 10/5/18 at 9:00 a.m. before Judge John J. McConnell, Jr. is cancelled (Barletta, Barbara) (Entered: 10/03/2018)
2018-10-03TEXT ORDER: The parties are to file a joint status report with the Court on or before December 5, 2018. If the parties have not resolved this dispute by that time, they shall submit a proposed scheduling order to the Court - So Ordered by District Judge John J. McConnell, Jr. on 10/3/2018 (Barletta, Barbara) (Entered: 10/03/2018)
2018-10-0914REPLY to Response re 13 Response to Motion, for an Extension of Time to Oppose Plaintiffs' Second Motion for a Vaughn Index filed by Internal Revenue Service. (Darden, Erin) (Entered: 10/09/2018)
2018-10-09TEXT ORDER: Defendant's 11 Motion for an Extension is GRANTED as follows: The Court's Text Order dated 9/14/18 is vacated; Plaintiff's 8 Motion to Compel is reinstated; Defendant's objection to the Motion to Compel [11-1] will be filed on the docket by the clerk of court; the Plaintiff shall have until October 22, 2018 to file an reply to the defendant's objection - So Ordered by District Judge John J. McConnell, Jr. on 10/9/2018. (Barletta, Barbara) (Entered: 10/09/2018)
2018-10-0915RESPONSE In Opposition to 8 MOTION to Compel Preparation of a Vaughn Index filed by Internal Revenue Service - Replies due by 10/22/2018. (Barletta, Barbara) (Entered: 10/09/2018)
2018-10-23TEXT ORDER: Plaintiff's Motion to Compel 8 is DENIED as premature - So Ordered by District Judge John J. McConnell, Jr. on 10/23/2018. (Urizandi, Nisshy) (Entered: 10/23/2018)
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by FOIA Project Staff
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