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Case TitleFree Sacred Trinity Church et al v. Internal Revenue Service
DistrictSouthern District of California
CitySan Diego
Case Number3:2021cv01756
Date Filed2021-10-11
Date ClosedOpen
JudgeJudge Thomas J. Whelan
PlaintiffFree Sacred Trinity Church a California nonprofit religious corporation
PlaintiffOptimum Health Institute - San Diego a California nonprofit religious corporation
Case DescriptionThe Free Sacred Trinity Church submitted FOIA requests to the IRS for records concerning the agency's inquiries into FSTC's non-exempt religious status. The agency acknowledged receipt of the requests but after the agency failed to respond, FSTC filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantInternal Revenue Service
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-10-111COMPLAINT Against Internal Revenue Service (Filing fee $402.00 receipt number ACASDC-16210070.), filed by Free Sacred Trinity Church, Optimum Health Institute - San Diego. (Attachments: # 1 Civil Cover Sheet) The new case number is 3:21-cv-1756-GPC-DEB. Judge Gonzalo P. Curiel and Magistrate Judge Daniel E. Butcher are assigned to the case. (Jonna, Paul)(fth)(jrd) (Entered: 10/12/2021)
2021-10-122Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (fth)(jrd) (Entered: 10/12/2021)
2021-10-133Corporate Disclosure Statement by Free Sacred Trinity Church, Optimum Health Institute - San Diego. No Corporate Parents/Interested Parties. (Jonna, Paul) (dlg). (Entered: 10/13/2021)
2021-10-134NOTICE of Party With Financial Interest by Free Sacred Trinity Church, Optimum Health Institute - San Diego . No Parties With Financial Interest. (Jonna, Paul) (dlg). (Entered: 10/13/2021)
2021-10-135NOTICE OF RELATED CASE(S) by Free Sacred Trinity Church, Optimum Health Institute - San Diego of case(s) 3:19-cv-02358-W-JLB . (Jonna, Paul) (dlg). (Entered: 10/13/2021)
2021-10-196ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Thomas J. Whelan and Magistrate Judge Jill L. Burkhardt for all further proceedings. Judge Gonzalo P. Curiel, Magistrate Judge Daniel E. Butcher no longer assigned to case. Create association to 3:19-cv-02358-W-JLB. The new case number is 21-cv-1756-W-JLB.. Signed by Judge Gonzalo P. Curiel on 10/15/21. Signed by Judge Thomas J. Whelan on 10/14/21.(dlg) (Entered: 10/19/2021)
2021-11-127***Document Stricken per Doc. 8 *** MOTION to Dismiss for Failure to State a Claim Partial Motion to Dismiss by Internal Revenue Service. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration, # 3 Proposed Order)(Sasarak, Stephanie)Attorney Stephanie Sasarak added to party Internal Revenue Service(pty:dft)(jrm). Modified to strike on 11/17/2021 (jrm). (Main Document 7 replaced on 11/17/2021) (jrm). (Entered: 11/12/2021)
2021-11-178Notice of Document Discrepancies and Order Thereon by Judge Thomas J. Whelan Rejecting re 7 MOTION to Dismiss for Failure to State a Claim Partial Motion to Dismiss , from Defendant Internal Revenue Service. Non-compliance with local rule(s), Defendant did not obtain a hearing date from chambers before filing this motion as required by Civil Local Rule 7.1(b). In addition, Defendant did not include the following required language in the caption of its notice of motion and motion as required by Civil Local Rule 7.1(d)(1): NO ORAL ARGUMENT PURSUANT TO LOCAL RULE.. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge Thomas J. Whelan. (Attachments: # 1 Stricken Documents)(jrm) (Entered: 11/17/2021)
2021-11-179MOTION to Dismiss for Failure to State a Claim Partial Motion to Dismiss by Internal Revenue Service. (Sasarak, Stephanie)(jrm). (Entered: 11/17/2021)
2021-11-2310NOTICE of Appearance by Milan Louis Brandon, II on behalf of Free Sacred Trinity Church, Optimum Health Institute - San Diego (Brandon, Milan)Attorney Milan Louis Brandon, II added to party Free Sacred Trinity Church(pty:pla), Attorney Milan Louis Brandon, II added to party Optimum Health Institute - San Diego(pty:pla) (Entered: 11/23/2021)
2021-11-2311NOTICE of Appearance by Jeffrey M. Trissell on behalf of Free Sacred Trinity Church, Optimum Health Institute - San Diego (Trissell, Jeffrey)Attorney Jeffrey M. Trissell added to party Free Sacred Trinity Church(pty:pla), Attorney Jeffrey M. Trissell added to party Optimum Health Institute - San Diego(pty:pla) (Entered: 11/23/2021)
2021-11-2312NOTICE of Appearance by Mark D. Myers on behalf of Free Sacred Trinity Church, Optimum Health Institute - San Diego (Myers, Mark)Attorney Mark D. Myers added to party Free Sacred Trinity Church(pty:pla), Attorney Mark D. Myers added to party Optimum Health Institute - San Diego(pty:pla) (Entered: 11/23/2021)
2021-11-2313NOTICE of Appearance by Paul Joseph Dostart on behalf of Free Sacred Trinity Church, Optimum Health Institute - San Diego (Dostart, Paul)Attorney Paul Joseph Dostart added to party Free Sacred Trinity Church(pty:pla), Attorney Paul Joseph Dostart added to party Optimum Health Institute - San Diego(pty:pla) (Entered: 11/23/2021)
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