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Case TitleState Of New York et al v. United States Department of the Treasury et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv04024
Date Filed2019-05-06
Date ClosedOpen
JudgeJudge Jesse M. Furman
PlaintiffState Of New York by Letitia James, Attorney General of the State of New York
PlaintiffState of New Jersey by Gurbir S. Grewal, Attorney General of the State of New Jersey
Case DescriptionThe State of New York and the State of New Jersey submitted FOIA requests to the IRS for records concerning revisions in its policies for State-tax exempt entities. The agency acknowledged receipt of the requests. The agency told the States of New York and New Jersey that it would invoke a 10-day extension for responding. After hearing nothing further from the agency, the States of New York and New Jersey filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantUnited States Department of the Treasury
DefendantInternal Revenue Service
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-05-061FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against Department of the Treasury, Internal Revenue Service. (Filing Fee $ 400.00, Receipt Number ANYSDC-16826398)Document filed by State Of New York.(Suvari, Catherine) Modified on 5/7/2019 (jgo). (Entered: 05/06/2019)
2019-05-062FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Suvari, Catherine) Modified on 5/7/2019 (jgo). (Entered: 05/06/2019)
2019-05-063FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of the Treasury, re: 1 Complaint. Document filed by State Of New York. (Suvari, Catherine) Modified on 5/7/2019 (jgo). (Entered: 05/06/2019)
2019-05-064FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Internal Revenue Service, re: 1 Complaint. Document filed by State Of New York. (Suvari, Catherine) Modified on 5/7/2019 (jgo). (Entered: 05/06/2019)
2019-05-07***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Catherine Suvari to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the pleading was not signed by the filing attorney;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) (Entered: 05/07/2019)
2019-05-07***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Catherine Suvari to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): Jury Demand code - no selection;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) (Entered: 05/07/2019)
2019-05-07***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Catherine Suvari. The party information for the following party/parties has been modified: State Of New York; State of New Jersey; United States Department of the Treasury. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (jgo) (Entered: 05/07/2019)
2019-05-07CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (jgo) (Entered: 05/07/2019)
2019-05-07Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (jgo) (Entered: 05/07/2019)
2019-05-07Case Designated ECF. (jgo) (Entered: 05/07/2019)
2019-05-07***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Catherine Suvari to RE-FILE Document No. 4 Request for Issuance of Summons, 3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name on 'as to' docket entry text does not exactly match initial pleading caption (Doc. 3); the PDF 'To' section must first name the actual party in the case followed by 'care of c/o' or 'via' for second named parties;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) (Entered: 05/07/2019)
2019-05-075COMPLAINT against Internal Revenue Service, United States Department of the Treasury. Document filed by State Of New York.(Suvari, Catherine) (Entered: 05/07/2019)
2019-05-076CIVIL COVER SHEET filed. (Suvari, Catherine) (Entered: 05/07/2019)
2019-05-077FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of the Treasury, re: 5 Complaint. Document filed by State Of New York. (Suvari, Catherine) Modified on 5/8/2019 (dnh). (Entered: 05/07/2019)
2019-05-078REQUEST FOR ISSUANCE OF SUMMONS as to The Internal Revenue Service, re: 5 Complaint. Document filed by State Of New York. (Suvari, Catherine) (Entered: 05/07/2019)
2019-05-089ORDER: It is hereby ORDERED that no later than two weeks from the date of this Order, the parties shall submit a joint letter not to exceed two pages indicating whether there is any need for discovery or an initial conference in this case. If there is no such need, the parties should include in their letter a proposed briefing schedule for any motions, including motions for summary judgment. (Signed by Judge Jesse M. Furman on 5/8/2019) (ne) (Entered: 05/08/2019)
2019-05-0810ELECTRONIC SUMMONS ISSUED as to Internal Revenue Service. (dnh) (Entered: 05/08/2019)
2019-05-08***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Catherine Suvari to RE-FILE Document No. 7 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the defendant name listed in to 'To:' section does not exactly match the party of record. Do not use abbreviations in the party name. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) (Entered: 05/08/2019)
2019-05-0811REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of the Treasury, re: 5 Complaint. Document filed by State Of New York. (Suvari, Catherine) (Entered: 05/08/2019)
2019-05-0912ELECTRONIC SUMMONS ISSUED as to United States Department of the Treasury. (dnh) (Entered: 05/09/2019)
2019-05-1013AFFIDAVIT OF SERVICE of Complaint with Summonses and Order dated May 8 2019 served on United States Department of the Treasury and Internal Revenue Service on 05/10/19. Service was made by Mail. Document filed by State Of New York. (Suvari, Catherine) (Entered: 05/10/2019)
2019-05-1014AFFIDAVIT OF SERVICE of Complaint with Summonses and Order dated May 8 2019 served on United States Department of the Treasury and Internal Revenue Service on 05/10/19. Service was accepted by Haojun Li, Civil Clerk United States Attorney's Office, 86 Chambers Street, NY, NY. Document filed by State Of New York. (Suvari, Catherine) (Entered: 05/10/2019)
2019-05-1315FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Glenn J Moramarco to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16873840. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of New Jersey. (Attachments: # 1 Exhibit certificate of good standing)(Moramarco, Glenn) Modified on 5/14/2019 (wb). (Entered: 05/13/2019)
2019-05-14>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 15 MOTION for Glenn J Moramarco to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16873840. Motion and supporting papers to be reviewed by Clerk's Office staff. .. The filing is deficient for the following reason(s): missing Proposed Order; Pursuant to Rule 1.3. the Attorney Affidavit missing the language of disciplinary.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) (Entered: 05/14/2019)
2019-05-1516MOTION for Glenn Moramarco to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of New Jersey. (Attachments: # 1 Exhibit certificate of good standing, # 2 Affidavit, # 3 Text of Proposed Order)(Moramarco, Glenn) (Entered: 05/15/2019)
2019-05-15>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 16 MOTION for Glenn Moramarco to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (ma) (Entered: 05/15/2019)
2019-05-1517ORDER granting 16 Motion for Glenn Moramarco to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 05/15/2019)
2019-05-2218JOINT LETTER addressed to Judge Jesse M. Furman from Catherine Suvari dated May 22, 2019 re: May 8, 2019 Order of the Court. Document filed by State Of New York.(Suvari, Catherine) (Entered: 05/22/2019)
2019-05-2219SCHEDULING ORDER: Having reviewed the parties' joint letter of May 22, 2019, it is hereby ORDERED that Plaintiffs shall file any motion for summary judgment by July 15, 2019. Defendants shall file their opposition by August 5, 2019. Any reply shall be filed by August 12, 2019. At the time any reply is filed, Plaintiffs shall supply the Court with one courtesy hard copy of all motion papers by mailing or delivering them to the United States Courthouse, 40 Centre Street, New York, New York. The parties are directed to submit a joint letter by June 28, 2019, updating the Court on the status of Defendants' productions, the likelihood of a stipulated resolution, and their joint or, if necessary, respective positions as to whether the summary judgment briefing schedule should be modified. Motions due by 7/15/2019. Responses due by 8/5/2019 Replies due by 8/12/2019. (Signed by Judge Jesse M. Furman on 5/22/2019) (ne) (Entered: 05/22/2019)
2019-06-1120ANSWER to 5 Complaint. Document filed by Internal Revenue Service, United States Department of the Treasury.(Tarczynska, Dominika) (Entered: 06/11/2019)
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