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Case TitleSOWERS v. U.S. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01954
Date Filed2018-08-21
Date ClosedOpen
JudgeJudge Emmet G. Sullivan
PlaintiffRANDY SOWERS
Case DescriptionRandy Sowers, a dairy farm operator, submitted FOIA requests to the Department of Justice and the IRS for records concerning his petition for remission or mitigation of funds seized several years earlier by the IRS. Sowers also requested a fee waiver. The agencies acknowledged receipt of the requests. The IRS disclosed 341 pages, but withheld 81 pages in part and 48 pages in full. Sowers filed an administrative appeal, which was denied. After hearing nothing further DOJ, Sowers filed suit against both agencies.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
DefendantINTERNAL REVENUE SERVICE
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

2018-08-211COMPLAINT against INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-5650790) filed by RANDY D SOWERS. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Civil Cover Sheet, # 12 Summons USAO, # 13 Summons AG, # 14 Summons DOJ, # 15 Summons IRS)(Beato, Matthew) (Attachment 11 replaced on 9/19/2018) (zmd). (Entered: 08/21/2018)
2018-08-21Case Assigned to Judge Emmet G. Sullivan. (zmd) (Entered: 08/22/2018)
2018-08-232STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 08/23/18. (Attachment: # 1 Exhibit 1) (mac) (Entered: 08/23/2018)
2018-08-273REQUEST FOR SUMMONS TO ISSUE filed by RANDY SOWERS. (Attachments: # 1 Summons DOJ, # 2 Summons AG, # 3 Summons IRS)(Beato, Matthew) (Entered: 08/27/2018)
2018-08-284SUMMONS (4) Issued Electronically as to INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(sth) (Entered: 08/28/2018)
2018-08-285CIVIL COVER SHEET (corrected) by RANDY SOWERS filed by RANDY SOWERS.(Beato, Matthew) (Entered: 08/28/2018)
2018-08-296RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/29/2018. Answer due for ALL FEDERAL DEFENDANTS by 9/28/2018. (Beato, Matthew) (Entered: 08/29/2018)
2018-09-067NOTICE of Appearance by Johnny Hillary Walker, III on behalf of All Defendants (Walker, Johnny) (Entered: 09/06/2018)
2018-09-198RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/29/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 9/28/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/31/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. INTERNAL REVENUE SERVICE served on 8/30/2018; U.S. DEPARTMENT OF JUSTICE served on 8/31/2018 (Attachments: # 1 Declaration of Lisa Dorn)(Beato, Matthew) (Entered: 09/19/2018)
2018-09-259Unopposed MOTION for Extension of Time to File Answer by Defendant DOJ, Tax Division, and by Defendant IRS by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(Hunsader, Joseph) (Entered: 09/25/2018)
2018-09-25MINUTE ORDER granting 9 defendants' unopposed motion for extension of time to file answer. The defendants shall therefore answer or otherwise respond to the complaint by no later than October 31, 2018. Signed by Judge Emmet G. Sullivan on 9/25/2018. (lcegs3) (Entered: 09/25/2018)
2018-09-26Set/Reset Deadlines: Defendant Answer Or Otherwise Response To The Complaint due by 10/31/2018. (mac) (Entered: 09/26/2018)
2018-10-3110ANSWER to Complaint by INTERNAL REVENUE SERVICE.(Hunsader, Joseph) (Entered: 10/31/2018)
2018-10-3111ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Walker, Johnny) (Entered: 10/31/2018)
2018-12-03MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than January 3, 2019. The parties' joint proposed scheduling order shall address the following: (1) The status of plaintiff's FOIA request; (2) The anticipated number of documents responsive to plaintiff's FOIA request; (3) The anticipated date(s) for release of documents responsive to plaintiff's FOIA request; (4) Whether a motion for an Open America stay is likely in this case; (5) Whether a Vaughn index will be required in this case; (6) Whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) A proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each party's individual recommendations. Signed by Judge Emmet G. Sullivan on 12/3/2018. (lcegs3) (Entered: 12/03/2018)
2018-12-04Set/Reset Deadlines: Joint Scheduling Order due by 1/3/2019. (mac) (Entered: 12/04/2018)
2018-12-2012Joint MOTION for Extension of Time to file a Joint Proposed Schedule by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 12/20/2018)
2018-12-20MINUTE ORDER granting 12 joint motion for an extension of time. The parties shall therefore file its proposed joint scheduling order by no later than January 10, 2019. Signed by Judge Emmet G. Sullivan on 12/20/2018. (lcegs3) (Entered: 12/20/2018)
2018-12-20Set/Reset Deadlines/Hearings: Proposed joint scheduling order due by 1/10/2019. (zcdw) (Entered: 12/26/2018)
2019-01-0813MOTION to Stay in light of lapse of Congressional appropriations by INTERNAL REVENUE SERVICE (Hunsader, Joseph) (Entered: 01/08/2019)
2019-01-09MINUTE ORDER granting 13 motion to stay in light of lapse of appropriations. Defendants are directed to notify the Court when appropriations are restored or if a continuing resolution is enacted. Signed by Judge Emmet G. Sullivan on 1/9/2019. (lcegs3) (Entered: 01/09/2019)
2019-01-3014NOTICE of restoration of Congressional appropriations by INTERNAL REVENUE SERVICE (Hunsader, Joseph) (Entered: 01/30/2019)
2019-02-04MINUTE ORDER. In view of 14 Notice of Restoration of Congressional Appropriations, the parties are directed to file a joint status report by no later than February 14, 2019, proposing a schedule for further proceedings. Signed by Judge Emmet G. Sullivan on 2/4/2019. (lcegs3) (Entered: 02/04/2019)
2019-02-05Set/Reset Deadlines: Joint Status Report due by 2/14/2019. (mac) (Entered: 02/05/2019)
2019-02-1315MOTION for Summary Judgment based upon prior settlement agreement setting forth two controlling releases by INTERNAL REVENUE SERVICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Affidavit of Joseph Hunsader, # 4 Exhibit re: Hunsader affidavit, # 5 Text of Proposed Order)(Hunsader, Joseph) (Entered: 02/13/2019)
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