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Case TitleAtlantic Coast Conservancy, Inc. v. Internal Revenue Service
DistrictNorthern District of Georgia
CityGainesville
Case Number2:2019cv00210
Date Filed2019-09-16
Date Closed2020-05-22
JudgeJudge Richard W. Story
PlaintiffAtlantic Coast Conservancy, Inc.
Case DescriptionThe Atlantic Coast Conservancy submitted a FOIA request to the Department of Treasury for records concerning the Land Trust Alliance. The agency acknowledged receipt of the request. ACC contacted the agency a number of times to check on the status of the request. The agency told ACC that it was processing the request. However, after hearing nothing further from the agency, ACC filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Department of the Treasury an agency of the United States
DefendantUnited States Department of the Treasury an agency of the United States
TERMINATED: 10/24/2019
DefendantInternal Revenue Service
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-09-161COMPLAINT filed by Atlantic Coast Conservancy, Inc. (Filing fee $400, receipt number AGANDC-8936118) (Attachments: # 1 Blank Civil Cover Sheet, # 2 Exhibit B)(dgr) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Additional attachment(s) added on 9/16/2019: # 3 Exhibit A) (dgr). (Entered: 09/16/2019)
2019-09-172Certificate of Interested Persons by Atlantic Coast Conservancy, Inc.. (Williams, Amy) (Entered: 09/17/2019)
2019-09-173APPLICATION for Admission of Jason K. Elam Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8940529). Documents for this entry are not available for viewing outside the courthouse. with Brief In Support by Atlantic Coast Conservancy, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing)(Williams, Amy) (Entered: 09/17/2019)
2019-09-174APPLICATION for Admission of Brannon Berry Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8940652). Documents for this entry are not available for viewing outside the courthouse. with Brief In Support by Atlantic Coast Conservancy, Inc.. (Williams, Amy) (Entered: 09/17/2019)
2019-09-175PROPOSED SUMMONS filed by Atlantic Coast Conservancy, Inc. to Commissioner of Internal Revenue Service (Williams, Amy) (Entered: 09/17/2019)
2019-09-176PROPOSED SUMMONS filed by Atlantic Coast Conservancy, Inc. to U.S. Attorney's Office Northern District of Georgia (Williams, Amy) (Entered: 09/17/2019)
2019-09-177PROPOSED SUMMONS filed by Atlantic Coast Conservancy, Inc. to U.S. Attorney General Office DC (Williams, Amy) (Entered: 09/17/2019)
2019-09-188Electronic Summons Issued as to United States Department of the Treasury. (Attachments: # 1 Summons Civil Process Clerk, # 2 Summons Attorney General)(dgr) (Entered: 09/18/2019)
2019-09-189Application for Refund of Fees paid online through Pay.gov for receipt number AGANDC-8934350. (Williams, Amy) (Entered: 09/18/2019)
2019-09-20Clerks Approval re 9 Application for Refund of Fees paid online. (mec) (Entered: 09/20/2019)
2019-09-20Refund in the amount of $400.00 has been processed, effective 09/20/2019 in response to Clerks Action on Application for Refund of Fees paid online. (kns) (Entered: 09/20/2019)
2019-09-2310COURT NOTICE of Filing: Standing Order Regarding Civil Litigation by Judge Richard W. Story. (sk) (Entered: 09/23/2019)
2019-09-23RETURN of 3 APPLICATION for Admission of Jason K. Elam Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8940529). Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: local counsel. (pmb) (Entered: 09/23/2019)
2019-09-23RETURN of 4 APPLICATION for Admission of Brannon Berry Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8940652). Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: local counsel. (pmb) (Entered: 09/23/2019)
2019-09-2511APPLICATION for Admission of Jason K. Elam Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse. with Brief In Support by Atlantic Coast Conservancy, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing)(Williams, Amy) (Entered: 09/25/2019)
2019-09-2512APPLICATION for Admission of Brannon Berry Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse. with Brief In Support by Atlantic Coast Conservancy, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing)(Williams, Amy) (Entered: 09/25/2019)
2019-10-02RETURN of 11 APPLICATION for Admission of Jason K. Elam Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: Local counsel (cdg) (Entered: 10/02/2019)
2019-10-02RETURN of 12 APPLICATION for Admission of Brannon Berry Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse. to attorney for correction. re: Local counsel (cdg) (Entered: 10/02/2019)
2019-10-0413APPLICATION for Admission of Jason K. Elam Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse. with Brief In Support by Atlantic Coast Conservancy, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing)(Williams, Amy) (Entered: 10/04/2019)
2019-10-0414APPLICATION for Admission of Brannon L. Berry Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse. with Brief In Support by Atlantic Coast Conservancy, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing)(Williams, Amy) (Entered: 10/04/2019)
2019-10-10RETURN of 13 APPLICATION for Admission of Jason K. Elam Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: local counsel. (pmb) (Entered: 10/10/2019)
2019-10-10RETURN of 14 APPLICATION for Admission of Brannon L. Berry Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: local counsel. (pmb) (Entered: 10/10/2019)
2019-10-1515APPLICATION for Admission of Jason Elam Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse. with Brief In Support by Atlantic Coast Conservancy, Inc.. (Attachments: # 1 Exhibit Jason Elam Certificate of Good standing)(Williams, Amy) (Entered: 10/15/2019)
2019-10-1516APPLICATION for Admission of Brannon Berry Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse. with Brief In Support by Atlantic Coast Conservancy, Inc.. (Attachments: # 1 Exhibit Brannon Berry Certificate of Good Standing)(Williams, Amy) (Entered: 10/15/2019)
2019-10-1617APPLICATION for Admission of Kieran O'Neill Carter Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse. with Brief In Support by United States Department of the Treasury. (Treadwell, Trishanda) (Entered: 10/16/2019)
2019-10-21APPROVAL by Clerks Office re: 16 APPLICATION for Admission of Brannon Berry Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse. Attorney Brannon Lee Berry added appearing on behalf of Atlantic Coast Conservancy, Inc. (cdg) (Entered: 10/21/2019)
2019-10-21APPROVAL by Clerks Office re: 15 APPLICATION for Admission of Jason Elam Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.. Attorney Jason Kirk Elam added appearing on behalf of Atlantic Coast Conservancy, Inc. (cdg) (Entered: 10/21/2019)
2019-10-2218ORDER granting 15 Application for Admission Jason Kirk Elam Pro Hac Vice. Signed by Judge Richard W. Story on 10/22/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(dgr) (Entered: 10/22/2019)
2019-10-2219ORDER granting 16 Application for Admission Brannon Lee Berry Pro Hac Vice. Signed by Judge Richard W. Story on 10/22/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(dgr) (Entered: 10/22/2019)
2019-10-22Clerk's Certificate of Mailing as to Jason Kirk Elam and Brannon Lee Berry re 18 Order on Application for Admission PHV and 19 Order on Application for Admission PHV. (dgr) (Entered: 10/22/2019)
2019-10-2220PROPOSED SUMMONS filed by Atlantic Coast Conservancy, Inc. to Commissioner of IRS (Berry, Brannon) (Entered: 10/22/2019)
2019-10-22RETURN of 17 APPLICATION for Admission of Kieran O'Neill Carter Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse. To attorney for correction re: Courts (cdg) (Entered: 10/22/2019)
2019-10-2321Electronic Summons Issued as to Commissioner of Internal Revenue. (dgr) (Entered: 10/23/2019)
2019-10-2422AMENDED COMPLAINT against Internal Revenue Service filed by Atlantic Coast Conservancy, Inc..(Berry, Brannon) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 10/24/2019)
2019-10-2423NOTICE of Appearance by Kieran O. Carter on behalf of Internal Revenue Service (Carter, Kieran) (Entered: 10/24/2019)
2019-11-0724ANSWER to 22 Amended Complaint by Internal Revenue Service. Discovery ends on 4/6/2020.(Carter, Kieran) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 11/07/2019)
2019-11-0725Return of Service Executed by Atlantic Coast Conservancy, Inc.. Internal Revenue Service served on 10/29/2019, answer due 12/30/2019. (Attachments: # 1 Summons Proof of Service - U.S. Attorney General, # 2 Summons Proof of Service - U.S. Attorney for N.D. Georgia, Civil Process Clerk)(Berry, Brannon) (Entered: 11/07/2019)
2019-12-0226Initial Disclosures by Internal Revenue Service. (Attachments: # 1 IRS Correspondence to Plaintiff - March 2, 2017 Letter)(Carter, Kieran) (Entered: 12/02/2019)
2019-12-0327NOTICE by Atlantic Coast Conservancy, Inc. of Service of Plaintiff's Initial Disclosures (Berry, Brannon) (Entered: 12/03/2019)
2019-12-0528JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Internal Revenue Service. (Carter, Kieran) (Entered: 12/05/2019)
2019-12-0529SCHEDULING ORDER: 28 Joint Preliminary Report and Discovery Plan. Signed by Judge Richard W. Story on 12/5/2019. (dgr) (Entered: 12/06/2019)
2020-03-2330GENERAL ORDER 20-01 IN RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/16/2020. (rsg) (Entered: 03/23/2020)
2020-04-0131Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (dgs) (ADI) (Entered: 04/01/2020)
2020-04-0732CERTIFICATE OF SERVICE of Plaintiff's First Set of Interrogatories and Requests for Production to the Internal Revenue Service by Atlantic Coast Conservancy, Inc..(Berry, Brannon) (Entered: 04/07/2020)
2020-05-0433SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (mmc) (ADI) (Entered: 05/04/2020)
2020-05-0634MOTION for Summary Judgment with Brief In Support by Internal Revenue Service. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of R. Matthew Kelley, # 4 Declaration of Karin Gross, # 5 Declaration of Kilsy Barnes, # 6 Exhibit A - FOIA Request, # 7 Exhibit B - IRS Response Letter, # 8 Proposed Order)(Carter, Kieran) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 05/06/2020)
2020-05-2235STIPULATION of Dismissal by Internal Revenue Service. (Carter, Kieran) (Entered: 05/22/2020)
2020-05-22Clerk's Entry of Dismissal APPROVING 35 Stipulation of Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii). (rsg) (Entered: 05/22/2020)
2020-05-22Civil Case Terminated. (rsg) (Entered: 05/22/2020)
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