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Case TitleSOUTHERN POVERTY LAW CENTER et al v. INTERNAL REVENUE SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02501
Date Filed2019-08-19
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffSOUTHERN POVERTY LAW CENTER
PlaintiffNATIONAL IMMIGRATION LAW CENTER
Case DescriptionThe Southern Poverty Law Center submitted a FOIA request to the IRS for records concerning a 2018 IRS raid on a the Southeastern Provision plant in Bean Station, TN, resulting in more than 100 Latino workers being arrested and held without probable cause. SPLC told the agency that it was not requesting any tax return information. SPLC also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and denied the request, claiming it contained tax return information protected by Section 6103. SPLC filed an administrative appeal, but after hearing nothing further from the agency, SPLC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantINTERNAL REVENUE SERVICE
Documents
Docket
Complaint
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Complaint attachment 6
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Complaint attachment 11
Complaint attachment 12
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Complaint attachment 14
Complaint attachment 15
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-08-191COMPLAINT against INTERNAL REVENUE SERVICE ( Filing fee $ 400 receipt number 0090-6330242) filed by SOUTHERN POVERTY LAW CENTER, NATIONAL IMMIGRATION LAW CENTER. (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 Civil Cover Sheet, # 13 Summons to US Attorney General, William P. Barr, # 14 Summons to Chief Counsel of Internal Revenue Service, Michael J. Desmond, # 15 Summons to US Attorney for the District of Columbia, Jessica K. Liu)(Salzman, Donald) (Entered: 08/19/2019)
2019-08-192LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SOUTHERN POVERTY LAW CENTER (Salzman, Donald) (Entered: 08/19/2019)
2019-08-193LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL IMMIGRATION LAW CENTER (Salzman, Donald) (Entered: 08/19/2019)
2019-08-194MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Arthur R. Bookout, :Address- One Rodney Square, 920 N. King Street, Wilmington, Delware 19801. Phone No. - 302-651-3026. Fax No. - 302-434-3026 Filing fee $ 100, receipt number 0090-6330393. Fee Status: Fee Paid. by NATIONAL IMMIGRATION LAW CENTER, SOUTHERN POVERTY LAW CENTER (Attachments: # 1 Declaration of Arthur R. Bookout, # 2 Text of Proposed Order)(Salzman, Donald) (Entered: 08/19/2019)
2019-08-195MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jason S. Levin, :Address- One Rodney Square, 920 N. King Street, Wilmington, Delware 19801. Phone No. - 302-651-3086. Fax No. - 302-434-3085 Filing fee $ 100, receipt number 0090-6330417. Fee Status: Fee Paid. by NATIONAL IMMIGRATION LAW CENTER, SOUTHERN POVERTY LAW CENTER (Attachments: # 1 Declaration of Jason S. Levin, # 2 Text of Proposed Order)(Salzman, Donald) (Entered: 08/19/2019)
2019-08-196MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Eben P. Colby, :Address- 500 Boylston Street, Boston Massachusetts 02116. Phone No. - 617-573-4855. Fax No. - 617-305-4855 Filing fee $ 100, receipt number 0090-6330427. Fee Status: Fee Paid. by NATIONAL IMMIGRATION LAW CENTER, SOUTHERN POVERTY LAW CENTER (Attachments: # 1 Declaration of Eben P. Colby, # 2 Text of Proposed Order)(Salzman, Donald) (Entered: 08/19/2019)
2019-08-21Case Assigned to Judge Timothy J. Kelly. (zsb) (Entered: 08/21/2019)
2019-08-217SUMMONS (3) Issued Electronically as to INTERNAL REVENUE SERVICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 08/21/2019)
2019-08-22MINUTE ORDER denying without prejudice 4 5 6 Motions for Leave to Appear Pro Hac Vice. Under LCvR 83.2(d), attorneys seeking admission pro hac vice must include in their declarations "the number of times [they have] been admitted pro hac vice in this Court within the last two years" and should specify whether they "engage[] in the practice of law from an office located in the District of Columbia." Because the attorneys' declarations accompanying their 4 5 6 motions do not include these details, it is hereby ORDERED that their motions are DENIED WITHOUT PREJUDICE. Signed by Judge Timothy J. Kelly on 8/22/2019. (lctjk3) (Entered: 08/22/2019)
2019-08-228MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Arthur R. Bookout, :Address- One Rodney Square, 920 N. King Street, Wilmington, Delware 19801. Phone No. - 302-651-3026. Fax No. - 302-434-3026 Filing fee $ 100, receipt number 0090-6337306. Fee Status: Fee Paid. by NATIONAL IMMIGRATION LAW CENTER, SOUTHERN POVERTY LAW CENTER (Attachments: # 1 Declaration of Arthur R. Bookout, # 2 Text of Proposed Order)(Salzman, Donald) (Entered: 08/22/2019)
2019-08-229MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jason S. Levin, :Address- One Rodney Square, 920 N. King Street, Wilmington, Delware 19801.. Phone No. - 302-651-3086. Fax No. - 302-434-3085 Filing fee $ 100, receipt number 0090-6337315. Fee Status: Fee Paid. by NATIONAL IMMIGRATION LAW CENTER, SOUTHERN POVERTY LAW CENTER (Attachments: # 1 Declaration of Jason S. Levin, # 2 Text of Proposed Order)(Salzman, Donald) (Entered: 08/22/2019)
2019-08-2210MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Eben P. Colby, :Address- 500 Boylston Street, Boston Massachusetts 02116. Phone No. - 617-573-4855. Fax No. - 617-305-4855 Filing fee $ 100, receipt number 0090-6337339. Fee Status: Fee Paid. by NATIONAL IMMIGRATION LAW CENTER, SOUTHERN POVERTY LAW CENTER (Attachments: # 1 Declaration of Eben P. Colby, # 2 Text of Proposed Order)(Salzman, Donald) (Entered: 08/22/2019)
2019-08-26MINUTE ORDER granting 8 9 10 Motions for Leave to Appear Pro Hac Vice. Attorneys Arthur R. Bookout, Jason S. Levin, and Eben P. Colby are hereby admitted pro hac vice to appear in this matter. Signed by Judge Timothy J. Kelly on 8/26/2019. (lctjk3) (Entered: 08/26/2019)
2019-09-0611MOTION for Summary Judgment by NATIONAL IMMIGRATION LAW CENTER, SOUTHERN POVERTY LAW CENTER (Attachments: # 1 Affidavit Transmittal Affidavit of J. Levin, # 2 Exhibit A - IRS FOIA, # 3 Exhibit B - IRS FOIA, # 4 Exhibit C - IRS FOIA, # 5 Exhibit D - IRS FOIA, # 6 Exhibit E - IRS FOIA, # 7 Exhibit F - IRS FOIA, # 8 Exhibit G - IRS FOIA, # 9 Exhibit H - IRS FOIA, # 10 Exhibit I - IRS FOIA, # 11 Exhibit J - IRS FOIA, # 12 Exhibit K - IRS FOIA, # 13 Exhibit L - Open letter to Nielson, # 14 Exhibit M - Brantley docket, # 15 Exhibit N - Plea Agreement, # 16 Exhibit O - Addendum to Plea Agreement, # 17 Exhibit P - Search Warrant Affidavit, # 18 Declaration of Carolina Romulo Mendoza, # 19 Declaration of Geronimo Guerrero, # 20 Declaration of Isabel Zelaya, # 21 Declaration of Luis Roberto Bautista Martinez, # 22 Declaration of Maria Del Pilar Gonzalez Cruz, # 23 Declaration of Martha Pulido, # 24 Text of Proposed Order)(Salzman, Donald) (Entered: 09/06/2019)
2019-09-09MINUTE ORDER denying without prejudice Plaintiffs' 11 Motion for Summary Judgment. Typically, after the government has filed an answer in a FOIA case, the Court requires the parties to meet, confer, and file a proposed schedule for briefing or disclosure. Here, the parties have not done so; indeed, the government has not filed an answer and there is no indication on the docket that it has been served. To give the parties and the Court the benefit of that conferral, it is hereby ORDERED that Plaintiffs' 11 Motion for Summary Judgment is DENIED WITHOUT PREJUDICE. Signed by Judge Timothy J. Kelly on 9/9/2019. (lctjk3) (Entered: 09/09/2019)
2019-09-1012RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/21/2019. (Salzman, Donald) (Entered: 09/10/2019)
2019-09-1013RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/21/2019. Answer due for ALL FEDERAL DEFENDANTS by 9/20/2019. (Salzman, Donald) (Entered: 09/10/2019)
2019-09-1014RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. INTERNAL REVENUE SERVICE served on 8/23/2019 (Salzman, Donald) (Entered: 09/10/2019)
2019-09-1815Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,, by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(Coppler, Catriona) (Entered: 09/18/2019)
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by FOIA Project Staff
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