Skip to content

Case Detail

[Subscribe to updates]
Case TitleMertes v. Internal Revenue Service
DistrictEastern District of California
CityFresno
Case Number1:2019cv01218
Date Filed2019-09-03
Date ClosedOpen
JudgeDistrict Judge Anthony W. Ishii
PlaintiffBillie Mertes
Case DescriptionBillie Mertes submitted a FOIA request to the IRS for records concerning a copy of an allegedly fraudulent Form 709-Gift Tax Return for 2012 in which Mertes was assessed more than one million dollars in gift taxes. The agency told Mertes that requests for such tax information were processed through another administrative scheme and were not subject to FOIA. Mertes filed an administrative appeal which the agency denied. She then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantInternal Revenue Service
Documents
Docket
Complaint
Opinion/Order [11]
Opinion/Order [13]
Opinion/Order [17]
Opinion/Order [24]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-09-031COMPLAINT for Declarative and Injunctive Relief against Internal Revenue Service by Billie Mertes.(Filing fee $ 400) (Speck, Christian) (Entered: 09/03/2019)
2019-09-03PAYMENT for Civil Case filing fee (Speck, Christian) (Entered: 09/03/2019)
2019-09-03PAYMENT for Civil Case filing fee (Speck, Christian) (Entered: 09/03/2019)
2019-09-03PAYMENT for Civil Case filing fee (Speck, Christian) (Entered: 09/03/2019)
2019-09-032CIVIL COVER SHEET by Billie Mertes (Speck, Christian) (Entered: 09/03/2019)
2019-09-033CLERK'S NOTICE to Attorney Christian Speck re 1 Complaint: Advance payment of the filing fee in the amount of $400.00 is required and should be submitted electronically using the event New Case Credit Card Payments. Your case will not be filed until the fee is paid (Local Rule 77-121c). If you wish to pay with cash, check or money order, the fee must be received by the clerk's office within 48 hours of lodging your complaint, or your documents will be deleted from the court's server. If you need assistance, please contact the CM/ECF help desk at 866-884-5444, or refer to theCM/ECF User's Manual on the court's website. (Sant Agata, S) (Entered: 09/03/2019)
2019-09-04RECEIPT number #CAE200100659 $400.00 fbo Wagner Kirkman Blaine by Wagner Kirkman Blaine on 9/4/2019. (Coll, A) (Entered: 09/04/2019)
2019-09-054SUMMONS ISSUED as to *Internal Revenue Service* with answer to complaint due within *30* days. Attorney *Christian Andrew Speck* *Wagner Kirkman Blaine Klomparens & Youmans LLP* *10640 Mather Blvd., #200* *Mather, CA 95655*. (Lundstrom, T) (Entered: 09/05/2019)
2019-09-055CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 12/17/2019 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: # 1 Consent Form, # 2 VDRP) (Lundstrom, T) (Entered: 09/05/2019)
2019-09-196SUMMONS RETURNED EXECUTED: Internal Revenue Service served on 9/11/2019, answer due 10/2/2019. (Speck, Christian) (Entered: 09/19/2019)
2019-10-027ANSWER by Internal Revenue Service. Attorney Miller, Emily Katherine added.(Miller, Emily) (Entered: 10/02/2019)
2019-12-108JOINT SCHEDULING REPORT by Internal Revenue Service. (Miller, Emily) (Entered: 12/10/2019)
2019-12-169MINUTE ORDER: (TEXT ENTRY ONLY) The parties are encouraged to appear telephonically for the upcoming Scheduling Conference set on 12/17/2019 before Judge Oberto and may do so by dialing 888-557-8511 (access code 6208204), at the time of the hearing. You shall email Courtroom Deputy Wendy Kusamura, at WKusamura@caed.uscourts.gov, to advise the court who will be appearing telephonically. Minute Order signed by Magistrate Judge Sheila K. Oberto on 12/16/2019. (Kusamura, W) (Entered: 12/16/2019)
2019-12-1710MINUTES (Text Only) for proceedings before Magistrate Judge Sheila K. Oberto: TELEPHONIC SCHEDULING CONFERENCE held on 12/17/2019. Order to follow. Plaintiffs Counsel Douglas Youmans and Christian Speck present. Defendants Counsel Emily Miller present. (Kusamura, W) (Entered: 12/17/2019)
2019-12-1811SCHEDULING ORDER: Motion Hearing set for 5/4/2020 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Status Conference set for 7/16/2020 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto, signed by Magistrate Judge Sheila K. Oberto on 12/17/2019. (Kusamura, W) (Entered: 12/18/2019)
2020-01-3112STIPULATION and PROPOSED ORDER for the adequacy of the Service's search for the requested records by Internal Revenue Service. (Miller, Emily) (Entered: 01/31/2020)
2020-01-3113JOINT STIPULATION AND ORDER signed by District Judge Anthony W. Ishii on 01/31/2020. (Gonzales, V) (Entered: 01/31/2020)
2020-02-1814MOTION FOR SUMMARY JUDGMENT by Internal Revenue Service. Motion Hearing set for 5/4/2020 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: # 1 Redacted Statement of Undisputed Facts, # 2 Redacted Declaration of Amy Mielke, # 3 Proposed Order)(Miller, Emily) (Entered: 02/18/2020)
2020-02-1815MOTION for Leave to Submit Documents for the Court's In Camera Review re 14 Motion for Summary Judgment, by Internal Revenue Service. Motion Hearing set for 5/4/2020 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: # 1 Proposed Order)(Miller, Emily) (Entered: 02/18/2020)
2020-02-2816OPPOSITION by Billie Mertes to 15 Motion for Miscellaneous Relief,. (Attachments: # 1 Memorandum in Support of Opposition for Leave to Submit Documents for In Camera Review)(Speck, Christian) (Entered: 02/28/2020)
2020-03-0217ORDER REGARDING SCHEDULING ORDER, DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, DEFENDANT'S MOTION FOR IN CAMERA REVIEW, and ORDER VACATING MAY 4, 2020 HEARING, (Doc. Nos. 11 , 14 , 15 ) signed by District Judge Anthony W. Ishii on 03/02/2020. IT IS HEREBY ORDERED that the December 18, 2019 scheduling order is VACATED. The May 4, 2020 cross-motions hearing date is VACATED. Defendant's motion for summary judgment (Doc. No. 14 ) is administratively DENIED without prejudice. Within fourteen (14) days of service of this order, Defendant may file a supplemental motion for in camera review. Within fourteen (14) days of service of the supplemental motion for in camera review, Plaintiff shall file a response/opposition. Within ten (10) days of service of Plaintiff's response/opposition, the Defendant shall file a reply. If, after reviewing the supplemental briefing, the Court determines that a hearing is necessary, then the Court will issue a separate order setting a hearing date at that time. (Gonzales, V) (Entered: 03/02/2020)
2020-03-1618MOTION for Leave to Submit Documents for the Court's In Camera Review by Internal Revenue Service. (Attachments: # 1 Memorandum, # 2 Appendix of Unpublished Motions and Orders, # 3 Proposed Order)(Miller, Emily) (Entered: 03/16/2020)
2020-03-2519MOTION for EXTENSION OF TIME to Respond to Defendant Supp Motion re 18 Motion for Miscellaneous Relief by Billie Mertes. (Speck, Christian) (Entered: 03/25/2020)
2020-03-2520PROPOSED ORDER re Plaintiff Motion to Extend Time to Respond re 19 MOTION for EXTENSION OF TIME to Respond to Defendant Supp Motion re 18 Motion for Miscellaneous Relief by Billie Mertes. (Speck, Christian) (Entered: 03/25/2020)
2020-03-2521ORDER ON MOTION FOR AN EXTENSION OF TIME signed by District Judge Anthony W. Ishii on 03/25/2020. IT IS HEREBY ORDERED Plaintiff's motion for an extension of time (Doc. No. 19 ) is GRANTED. Plaintiff's response/opposition must be filed no later than May 29, 2020. Within ten (10) days of service of Plaintiff's response/opposition, the Defendant may file a reply. If, after reviewing the supplemental briefing, the Court determines that a hearing is necessary, then the Court will issue a separate order setting a hearing date at that time. (Gonzales, V) (Entered: 03/25/2020)
2020-05-2922OPPOSITION by Billie Mertes to 18 Motion for Miscellaneous Relief. (Attachments: # 1 Memorandum in Opposition to Motion for In Camera Hearing, # 2 Declaration of Mertes in Support of Opposition, # 3 Appendix in Opposition to Motion for In Camera Hearing)(Speck, Christian) (Entered: 05/29/2020)
2020-06-0523REPLY by Internal Revenue Service re 18 Motion for Miscellaneous Relief. (Attachments: # 1 Amended Appendix of Unpublished Motions and Orders)(Miller, Emily) (Entered: 06/05/2020)
2020-06-2624ORDER ON DEFENDANT'S MOTION FOR IN CAMERA REVIEW signed by District Judge Anthony W. Ishii on 6/25/2020. IT IS HEREBY ORDERED Defendant's motion to submit documents for in camera inspection (Doc. No. 18 ) is GRANTED. Within twenty-one (21) days of service of this order, the IRS shall submit the unredacted copies of the documents identified in its motion for in camera inspection. Once the Court has reviewed the documents in camera, it will issue additional orders as discussed above. (Gonzales, V) (Entered: 06/26/2020)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar