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Case TitleScott v. Internal Revenue Service
DistrictSouthern District of Florida
CityWest Palm Beach
Case Number9:2018cv81750
Date Filed2018-12-26
Date ClosedOpen
JudgeJudge Kenneth A. Marra
PlaintiffJames E Scott
Case DescriptionJames Scott submitted a FOIA request to the IRS for records concerning a specific private letter ruling. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Scott filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantInternal Revenue Service
Documents
Docket
Complaint
Opinion/Order [34]
Opinion/Order [35]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-12-261COMPLAINT For Injunctive Relief against Internal Revenue Service. Filing fees $ 400.00 Receipt#: FLS 9-6101, filed by James E Scott.(dj) (Entered: 12/26/2018)
2018-12-262Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon (dj) (Entered: 12/26/2018)
2018-12-263Summons Issued as to Internal Revenue Service. (dj) (Entered: 12/26/2018)
2019-01-114ACKNOWLEDGMENT OF SERVICE as to U.S. Attorney General, U.S. Attorney and Internal Revenue Service. (kpe) (Entered: 01/11/2019)
2019-01-145Defendant's MOTION to Stay Action in Light of Lapse in Appropriations by Internal Revenue Service. Attorney Carlos Javier Raurell added to party Internal Revenue Service(pty:dft). Responses due by 1/28/2019 (Raurell, Carlos) (Entered: 01/14/2019)
2019-01-156PLAINTIFF'S OBJECTIONS TO DEFENDANT'S MOTION TO STAY ACTION IN LIGHT OF LAPSE OF APPROPRIATIONS re 5 Defendant's MOTION to Stay Action in Light of Lapse in Appropriations filed by James E Scott. Replies due by 1/22/2019. (drz) (Entered: 01/15/2019)
2019-01-157ORDER granting 5 Motion to Stay. Signed by Judge Donald M. Middlebrooks on 1/15/2019. See attached document for full details. (ar2) (Entered: 01/15/2019)
2019-01-288Motion to Lift Stay by Internal Revenue Service. Attorney Catriona M. Coppler added to party Internal Revenue Service(pty:dft). Responses due by 2/11/2019 (Attachments: # 1 Text of Proposed Order)(Coppler, Catriona) Modified Relief on 1/29/2019 (ls). Added MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint on 1/29/2019 (ls). (Entered: 01/28/2019)
2019-01-299Clerks Notice to Filer re 8 MOTION for Extension of Time to File Answer and to Lift Stay re 7 Order on Motion to Stay. Motion with Multiple Reliefs Filed as One Relief ; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. AND Wrong Motion Relief(s) Selected ; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) (Entered: 01/29/2019)
2019-01-2910ORDER LIFTING STAY and granting 8 Motion to Lift Stay and for Extension of Time to Answer Complaint. Internal Revenue Service Answer due 2/27/2019. Signed by Judge Donald M. Middlebrooks on 1/29/2019. See attached document for full details. (ar2) (Entered: 01/30/2019)
2019-02-2711ANSWER and Affirmative Defenses to Complaint by Internal Revenue Service. (Coppler, Catriona) (Entered: 02/27/2019)
2019-02-2812MOTION for Summary Judgment by James E Scott. Responses due by 3/14/2019 (lk) (Entered: 02/28/2019)
2019-02-2813MEMORANDUM in Support re 12 MOTION for Summary Judgment by James E Scott. (lk) (Entered: 02/28/2019)
2019-03-1414RESPONSE in Opposition re 12 MOTION for Summary Judgment filed by Internal Revenue Service. Replies due by 3/21/2019. (Attachments: # 1 Response to Plaintiff's Statement of Undisputed Material Facts, # 2 Declaration of Andrew Keaton)(Coppler, Catriona) (Entered: 03/14/2019)
2019-03-1915REPLY to Response to Motion re 12 MOTION for Summary Judgment filed by James E Scott. (lbc) (Entered: 03/19/2019)
2019-08-3016MOTION to Compel Production by James E Scott. Responses due by 9/13/2019 (ar2) (Entered: 08/30/2019)
2019-09-1317RESPONSE in Opposition re 16 MOTION to Compel Production filed by Internal Revenue Service. Replies due by 9/20/2019. (Attachments: # 1 Second Declaration of Andrew Keaton)(Coppler, Catriona) (Entered: 09/13/2019)
2019-09-2318REPLY to Response to 16 Motion to Compel Production filed by James E Scott. (Attachments: # 1 Exhibit)(ar2) (Entered: 09/23/2019)
2020-02-1919PAPERLESS ORDER. In response to a pending motion to compel, Defendant asserted that the "Service has just released all responsive, non-exempt records," and that Defendant has "not yet had the opportunity to move for summary judgment." (DE 17 at 5). That response was filed several months ago; however, to date, Defendant has not filed any motion for summary judgment. Accordingly, Defendant is directed to file its summary judgment motion by February 28, 2020. Signed by Judge Donald M. Middlebrooks on 2/19/2020. (jdr) (Entered: 02/19/2020)
2020-02-19Set/Reset Deadlines/Hearings as per DE 19 : Dispositive Motion for {summary Judgment) due by 2/28/2020. (lk) (Entered: 02/20/2020)
2020-02-2020ORDER Denying 12 Motion for Summary Judgment. Signed by Judge Donald M. Middlebrooks on 2/20/2020. See attached document for full details. (ar2) (Entered: 02/20/2020)
2020-02-2021ORDER Denying 16 Motion to Compel. Signed by Judge Donald M. Middlebrooks on 2/20/2020. See attached document for full details. (ar2) (Entered: 02/20/2020)
2020-02-2522MOTION to Stay re 19 Order,, , MOTION for Extension of Time to file Motion for Summary Judgment re 19 Order,, by Internal Revenue Service. Responses due by 3/10/2020 (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Coppler, Catriona) (Entered: 02/25/2020)
2020-02-2623ORDER OF TRANSFER to Judge Kenneth A. Marra for all further proceedings, accepted and signed on 2/26/2020. Magistrate Judge Dave Lee Brannon and Judge Donald M. Middlebrooks no longer assigned to case. Signed by Judge Donald M. Middlebrooks on 2/25/2020. See attached document for full details. (ar2) (Entered: 02/26/2020)
2020-02-2624ORDER denying as moot 22 Motion to Stay ; granting 22 Motion for Extension of Time. Summary Judgment Motions due by 3/20/2020. Signed by Judge Kenneth A. Marra on 2/26/2020. See attached document for full details. (ir) (Entered: 02/26/2020)
2020-02-2725RESPONSE in Opposition re 22 MOTION to Stay re 19 Order,, MOTION for Extension of Time to file Motion for Summary Judgment re 19 Order,, filed by James E Scott. Replies due by 3/5/2020. (lk) (Entered: 02/28/2020)
2020-02-2726MEMORANDUM in Support re 25 Response in Opposition to Motion by James E Scott. (lk) (Additional attachment(s) added on 2/28/2020: # 1 Exhibit 1) (lk). (Entered: 02/28/2020)
2020-03-2027MOTION for Summary Judgment by Internal Revenue Service. Responses due by 4/3/2020 (Attachments: # 1 Statement of Undisputed Material Facts, # 2 Memorandum in Support, # 3 Declaration of David Nimmo, # 4 Declaration of Richelle Hawkins, # 5 Declaration of Andrew Keaton, # 6 Exhibit A, FOIA Request, # 7 Text of Proposed Order)(Coppler, Catriona) (Entered: 03/20/2020)
2020-03-2428MOTION to Compel Preparation of a Vaughn Index ( Responses due by 4/7/2020), MOTION for an Extension of Time to File Response to 27 Motion for Summary Judgment by James E Scott. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(ar2) (Entered: 03/25/2020)
2020-03-2729MOTION to Compel Production by James E Scott. (drz) (Entered: 03/27/2020)
2020-04-0330RESPONSE in Opposition re 29 MOTION to Produce, 28 MOTION to Compel Preparation of a Vaughn Index MOTION for Extension of Time to File Response/Reply/Answer as to 27 MOTION for Summary Judgment filed by Internal Revenue Service. Replies due by 4/10/2020. (Coppler, Catriona) (Entered: 04/03/2020)
2020-04-0831ORDER REFERRING CASE to Magistrate Judge William Matthewman for Discovery Matters. Motions referred to Judge William Matthewman. Signed by Judge Kenneth A. Marra on 4/8/2020. See attached document for full details. (ir) (Entered: 04/08/2020)
2020-04-1332REPLY to Response Defendant's Response in Opposition to Plaintiff's Motion to Compel Production re 29 MOTION to Produce filed by James E Scott. (jbs) (Entered: 04/13/2020)
2020-04-1333Clerk's Notice of Filing Deficiency Re: 32 Reply to Response to Motion filed by James E Scott. Document(s) missing required signature(s) (Fed.R.Civ.P. 11(a)). (jbs) (Entered: 04/13/2020)
2020-04-2834ORDER denying 29 Plaintiff's Motion to Compel Production. Signed by Magistrate Judge William Matthewman on 4/28/2020. See attached document for full details. (kza) (Entered: 04/28/2020)
2020-04-2835ORDER denying 28 Plaintiffs Motion to Compel Production of a Vaughn Index and granting Plaintiffs Motion for an Extension of Time Nun Pro Tunc. (Response due by 5/13/2020 to 27 Defendant's MOTION for Summary Judgment). Signed by Magistrate Judge William Matthewman on 4/28/2020. See attached document for full details. (kza) (Entered: 04/28/2020)
2020-05-1836Cross-Motion for Summary Judgment and Opposition to 27 Defendant's Motion for Summary Judgment filed by James E Scott. Replies due by 5/26/2020. (jbs) (Entered: 05/18/2020)
2020-05-1837Cross-Motion for Summary Judgment per DE 36 by James E Scott. Responses due by 6/1/2020 (jbs) (Entered: 05/18/2020)
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by FOIA Project Staff
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