Case Detail

FOIA Project Annotation: In upholding a magistrate judge's recommendation that the IRS conducted an adequate search and provided all non-exempt records to Kelly Roe, a federal court in Colorado has explained what level of detail an agency must provide to justify its search. Roe argued the agency had failed to adequately justify its search because it only submitted an affidavit from the employee who supervised the search. But Judge Christine Arguello rejected the claim, noting that James Hartford, Senior Counsel in the Office of the Associate Chief Counsel, explained "how he directed numerous other employees located at various IRS offices across the United States to use specific strategies designed to obtain the correct records for Plaintiff. That each of the employees involved in the search did not document the step-by-step process they went through in their individual searches does not undermine the fact that their combined efforts produced a reasonable search for purposes of the FOIA." Arguello indicated that "further, this Court will not impose on an agency subject to FOIA a per se requirement that it produce separate affidavits from different officials working in different offices, upon a request as far reaching as Plaintiff's. Rather, an affidavit from one individual who oversaw the search can be sufficient as long as the methodology employed in directing the search was reasonable and the efforts at conducting the search detailed in an affidavit with sufficient specificity."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2012-09-04	1	COMPLAINT for Injunctive Relief against Commissioner of Internal Revenue Filing Fee: 350.00 Receipt Number:050012, filed by Kelly Roe. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(sphil, ) (Entered: 09/04/2012)
2012-09-04	2	Plaintiff's MOTION to Compel Preparation of a Vaughn Index by Plaintiff Kelly Roe. (sphil, ) (Entered: 09/04/2012)
2012-09-04	3	Case assigned to Judge Christine M. Arguello and drawn to Magistrate Judge Michael J. Watanabe. Text Only Entry (sphil, ) (Entered: 09/04/2012)
2012-09-12	4	DECLARATION re: Summons and Service of Process by Plaintiff Kelly Roe. (dkals, ) (Entered: 09/13/2012)
2012-09-18	5	ORDER REFERRING CASE to Magistrate Judge Michael J. Watanabe. Magistrate Judge Watanabe is designated to conduct ALLMTN proceedings pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). The parties should expect to be given a firm trial setting that is 60 to 120 days from the date of the final pretrial conference, and should be available for trial accordingly. FURTHER, Court sponsored alternative dispute resolution is governed by D.C. COLOLCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, the Court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Christine M. Arguello on 09/18/12. Text Only Entry (cmasec) (Entered: 09/18/2012)
2012-09-18	6	MEMORANDUM regarding 2 MOTION to Compel filed by Kelly Roe. Motion referred to Magistrate Judge Michael J. Watanabe by Judge Christine M. Arguello on 09/18/12. Text Only Entry (cmasec) (Entered: 09/18/2012)
2012-09-18	7	ORDER Status Conference for Pro Se Plaintiff(s) set for 10/18/2012 10:30 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe, by Magistrate Judge Michael J. Watanabe on 9/18/2012. (mjwcd) (Entered: 09/18/2012)
2012-09-26	8	RESPONSE to 2 MOTION to Compel Preparation of a Vaughn Index filed by Defendant Commissioner of Internal Revenue. (Jaworski, Thomas) (Entered: 09/26/2012)
2012-09-27	9	MINUTE ORDER denying as premature 2 Motion to Compel by Magistrate Judge Michael J. Watanabe on 9/27/12.(dkals, ) (Entered: 09/27/2012)
2012-10-02	10	MOTION for Extension of Time to File Answer or Otherwise Respond re 7 Order, 1 Complaint and to Reschedule the October 18, 2012 Pro Se Status Conference by Defendant Commissioner of Internal Revenue. (Attachments: # 1 Proposed Order (PDF Only))(Jaworski, Thomas) (Entered: 10/02/2012)
2012-10-02	11	MEMORANDUM regarding 10 MOTION for Extension of Time to File Answer or Otherwise Respond re 7 Order, 1 Complaint and to Reschedule the October 18, 2012 Pro Se Status Conference filed by Commissioner of Internal Revenue. Motion referred to Magistrate Judge Michael J. Watanabe by Judge Christine M. Arguello on 10/02/12. Text Only Entry (cmasec) (Entered: 10/02/2012)
2012-10-02	12	MINUTE ORDER granting 10 Defendant's Motion for Extension of Time to Answer or Otherwise Plead and to Reschedule the Pro Se Status Conference.Commissioner of Internal Revenue answer re 1 Complaint due 10/19/2012. Status Conference 10/18/2012 10:30 AM is vacated. Status Conference reset for 11/1/2012 11:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. By Magistrate Judge Michael J. Watanabe on 10/2/2012.(mjwcd) (Entered: 10/02/2012)
2012-10-18	13	WITHDRAWN - MOTION to Dismiss /Partial Motion to Dismiss by Defendant Commissioner of Internal Revenue. (Attachments: # 1 Proposed Order (PDF Only))(Jaworski, Thomas) Modified on 11/2/2012 to withdraw pursuant to 20 Minute Order (dkals, ). (Entered: 10/18/2012)
2012-10-18	14	ANSWER to 1 Complaint by Commissioner of Internal Revenue.(Jaworski, Thomas) (Entered: 10/18/2012)
2012-10-19	15	MEMORANDUM regarding 13 MOTION to Dismiss /Partial Motion to Dismiss filed by Commissioner of Internal Revenue. Motion referred to Magistrate Judge Michael J. Watanabe. By Judge Christine M. Arguello on 10/19/2012. Text Only Entry (cmacd) (Entered: 10/19/2012)
2012-10-30	16	AMENDED COMPLAINT against All Defendants, filed by Kelly Roe.(Roe, Kelly) (Entered: 10/30/2012)
2012-10-30	17	RESPONSE to 13 MOTION to Dismiss /Partial Motion to Dismiss filed by Plaintiff Kelly Roe. (Roe, Kelly) (Entered: 10/30/2012)
2012-10-31	18	Exhibits in Support of 16 Amended Complaint by Plaintiff Kelly Roe. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(Roe, Kelly) (Entered: 10/31/2012)
2012-11-01	19	MEMORANDUM regarding 13 MOTION to Dismiss /Partial Motion to Dismiss filed by Commissioner of Internal Revenue. Motion referred to Magistrate Judge Michael J. Watanabe by Judge Christine M. Arguello on 11/01/12. Text Only Entry (cmasec) (Entered: 11/01/2012)
2012-11-01	20	COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Telephonic Status Conference held on 11/1/2012. Plaintiff's AMENDED COMPLAINT FOR INJUCTIVE RELIEF 16 is accepted for filing as of 11/1/2012 and is the operative pleading. Defendant's answer due 11/21/2012. Withdrawing 13 Defendant's Partial Motion to Dismiss. Scheduling Conference set for 12/17/2012 10:30 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Deadline to file proposed Scheduling Order 12/12/2012. Court Reporter: FTR - Ellen E. Miller. (mjwcd) (Entered: 11/01/2012)
2012-11-15	21	Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 20 Order on Motion to Dismiss,,, Status Conference,,, Set/Reset Deadlines/Hearings,, 16 Amended Complaint by Defendant Commissioner of Internal Revenue. (Attachments: # 1 Proposed Order (PDF Only))(Jaworski, Thomas) (Entered: 11/15/2012)
2012-11-15	22	MEMORANDUM regarding 21 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 20 Order on Motion to Dismiss, Status Conference, Set/Reset Deadlines/Hearings,, 16 Amended Complaint filed by Commissioner of Internal Revenue. Motion referred to Magistrate Judge Michael J. Watanabe by Judge Christine M. Arguello on 11/15/12. Text Only Entry (cmasec) (Entered: 11/15/2012)
2012-11-16	23	MINUTE ORDER granting 21 Motion for Extension of Time to Answer or Otherwise Respond to 16 Amended Complaint Internal Revenue Service: answer due 12/14/2012. Scheduling Conference reset for 1/23/2013 10:30 AM before Magistrate Judge Michael J. Watanabe. By Magistrate Judge Michael J. Watanabe on 11/16/12.(dkals, ) (Entered: 11/16/2012)
2012-12-14	24	ANSWER to 16 Amended Complaint by Internal Revenue Service.(Jaworski, Thomas) (Entered: 12/14/2012)
2013-01-09	25	MINUTE ORDER Due to a conflict on the court's docket, the Scheduling Conference 1/23/2013 10:30 AM is vacated. Scheduling Conference reset for 2/11/2013 02:00 PM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Deadline to file Proposed Scheduling Order 2/4/2013. By Magistrate Judge Michael J. Watanabe on 1/9/2013. (mjwcd) (Entered: 01/09/2013)
2013-02-04	26	Proposed Scheduling Order by Defendant Internal Revenue Service, Plaintiff Kelly Roe. (Jaworski, Thomas) (Entered: 02/04/2013)
2013-02-04	27	AMENDED COMPLAINT by Consent against Internal Revenue Service, filed by Kelly Roe.(Roe, Kelly) (Entered: 02/04/2013)
2013-02-08	28	MOTION to Compel Initial Rule 26(a)(1) Disclosures by Plaintiff Kelly Roe. (Roe, Kelly) (Entered: 02/08/2013)
2013-02-08	29	MEMORANDUM regarding 28 MOTION to Compel Initial Rule 26(a)(1) Disclosures filed by Kelly Roe. Motion referred to Magistrate Judge Michael J. Watanabe by Judge Christine M. Arguello on 02/08/13. Text Only Entry (cmasec) (Entered: 02/08/2013)
2013-02-11	30	AMENDED COMPLAINT Second Amendment with consent against Internal Revenue Service, filed by Kelly Roe. (Attachments: # 1 Exhibit Exhibit 13, # 2 Exhibit Exhibit 14, # 3 Exhibit Exhibit 15, # 4 Exhibit Exhibit 16, # 5 Exhibit Exhibit 16, # 6 Exhibit Exhibit 16)(Roe, Kelly) (Entered: 02/11/2013)
2013-02-11	31	Unopposed MOTION for Hearing/Conference re 25 Minute Order, To be Rescheduled by Plaintiff Kelly Roe. (Roe, Kelly) (Entered: 02/11/2013)
2013-02-11	32	MEMORANDUM regarding 31 Unopposed MOTION for Hearing/Conference re 25 Minute Order, To be Rescheduled filed by Kelly Roe. Motion referred to Magistrate Judge Michael J. Watanabe by Judge Christine M. Arguello on 02/11/13. Text Only Entry (cmasec) (Entered: 02/11/2013)
2013-02-11	33	MINUTE ORDER denying 31 Plaintiff's Motion to Reschedule Scheduling Conference. Scheduling Conference remains set 2/11/2013 2:00 PM, by Magistrate Judge Michael J. Watanabe on 2/11/2013.(mjwcd) (Entered: 02/11/2013)
2013-02-11	34	COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Scheduling Conference held on 2/11/2013. On or before 2/15/2013, Plaintiff shall file a THIRD AMENDED COMPLAINT which sets forth all Causes of Action which Plaintiff wishes to pursue. Parties indicate they wish to Consent to Magistrate Judge and shall file the proper form on or before 2/15/2013. Plaintiff's oral motion to withdraw Motion to Compel is granted;Plaintiff's Motion to Compel Defendant to Make the Initial Disclosures Required by Rule 26(a)(1) 28 is withdrawn. Discovery due by 8/12/2013. Dispositive Motions due by 9/12/2013. Proposed Pretrial Order due by 11/5/2013., Final Pretrial Conference set for 11/12/2013 09:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Parties shall file Scheduling Order in its final form for the Court's signature on or before 3/8/2013 nunc pro tunc to 2/11/2013. Court Reporter: FTR - Ellen E. Miller. (mjwcd) (Entered: 02/12/2013)
2013-02-13	35	CONSENT to Jurisdiction of Magistrate Judge by Defendant Internal Revenue Service, Plaintiff Kelly Roe. (Jaworski, Thomas) (Entered: 02/13/2013)
2013-02-15	36	AMENDED COMPLAINT Third against Internal Revenue Service, filed by Kelly Roe. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22)(Roe, Kelly) (Entered: 02/15/2013)
2013-03-01	37	ANSWER to 36 Amended Complaint,, by Internal Revenue Service.(Jaworski, Thomas) (Entered: 03/01/2013)
2013-03-01	38	MOTION for Summary Judgment by Plaintiff Kelly Roe. (Roe, Kelly) (Entered: 03/01/2013)
2013-03-01	39	DECLARATION of Kelly Roe regarding MOTION for Summary Judgment 38 by Plaintiff Kelly Roe. (Roe, Kelly) (Entered: 03/01/2013)
2013-03-01	40	MEMORANDUM regarding 38 MOTION for Summary Judgment filed by Kelly Roe. Motion referred to Magistrate Judge Michael J. Watanabe by Judge Christine M. Arguello on 03/01/13. Text Only Entry (cmasec) (Entered: 03/01/2013)
2013-03-06	41	Proposed Scheduling Order by Defendant Internal Revenue Service, Plaintiff Kelly Roe. (Jaworski, Thomas) (Entered: 03/06/2013)
2013-03-06	42	SCHEDULING ORDER: Entered by Magistrate Judge Michael J. Watanabe on 3/6/2013, nunc pro tunc 2/11/2013. (mjwcd) (Entered: 03/07/2013)
2013-03-21	43	AMENDED ANSWER to Plaintiff's Third Amended Complaint 36 Amended Complaint,, by Defendant Internal Revenue Service. (Jaworski, Thomas) (Entered: 03/21/2013)
2013-03-22	44	BRIEF in Opposition to 38 MOTION for Summary Judgment filed by Defendant Internal Revenue Service. (Jaworski, Thomas) (Entered: 03/22/2013)
2013-03-22	45	DECLARATION of Thomas J. Jaworski regarding Brief in Opposition to Motion 44 by Defendant Internal Revenue Service. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Jaworski, Thomas) (Entered: 03/22/2013)
2013-04-01	46	REPLY to Response to 38 MOTION for Summary Judgment filed by Plaintiff Kelly Roe. (Roe, Kelly) (Entered: 04/01/2013)
2013-04-01	47	DECLARATION of Kelly Roe regarding Reply to Response to Motion 46 by Plaintiff Kelly Roe. (Attachments: # 1 Exhibit 23, # 2 Exhibit 24, # 3 Exhibit 25, # 4 Exhibit 26, # 5 Exhibit 27, # 6 Exhibit 28)(Roe, Kelly) (Entered: 04/01/2013)
2013-04-02	48	MOTION for Leave to File Excess Pages in its Motion for Summary Judgment by Defendant Internal Revenue Service. (Attachments: # 1 Proposed Order (PDF Only))(Jaworski, Thomas) (Entered: 04/02/2013)
2013-04-09	49	ORDER GRANTING 48 Motion for Leave to File Excess Pages. Defendant HSBC Mortgage is permitted to file its motion for summary judgment in excess of this Court's page limitations, not to exceed 30 pages. SO ORDERED BY Judge Christine M. Arguello on 04/09/13. Text Only Entry (cmasec) (Entered: 04/09/2013)
2013-05-03	50	MOTION for Summary Judgment by Defendant Internal Revenue Service. (Attachments: # 1 Affidavit Hartford Declaration, # 2 Affidavit Herring Declaration, # 3 IRS FOIA response, # 4 Affidavit McDonald Declaration, # 5 Affidavit Jaworski Declaration (Part 1 of 3), # 6 Affidavit Jaworski Declaration (Part 2 of 3), # 7 Affidavit Jaworski Declaration (Part 3 of 3), # 8 Norwood Slip Opinion, # 9 Proposed Order (PDF Only))(Jaworski, Thomas) (Entered: 05/03/2013)
2013-05-06	51	MEMORANDUM regarding 50 MOTION for Summary Judgment filed by Internal Revenue Service. Motion referred to Magistrate Judge Michael J. Watanabe by Judge Christine M. Arguello on 05/06/13. Text Only Entry (cmasec) (Entered: 05/06/2013)
2013-05-13	52	First MOTION to Exclude and to Strike References by Plaintiff Kelly Roe. (Roe, Kelly) (Entered: 05/13/2013)
2013-05-14	53	MEMORANDUM regarding 52 First MOTION to Exclude and to Strike References filed by Kelly Roe. Motion referred to Magistrate Judge Michael J. Watanabe by Judge Christine M. Arguello on 05/14/13. Text Only Entry (cmasec) (Entered: 05/14/2013)
2013-05-23	54	RESPONSE to 50 MOTION for Summary Judgment filed by Plaintiff Kelly Roe. (Roe, Kelly) (Entered: 05/23/2013)
2013-06-03	55	BRIEF in Opposition to 52 First MOTION to Exclude and to Strike References filed by Defendant Internal Revenue Service. (Jaworski, Thomas) (Entered: 06/03/2013)
2013-06-06	56	REPLY to Response to 50 MOTION for Summary Judgment filed by Defendant Internal Revenue Service. (Attachments: # 1 Affidavit Second Jaworski Declaration, # 2 Affidavit Second Herring Declaration)(Jaworski, Thomas) (Entered: 06/06/2013)
2013-10-24	57	MOTION for Leave to Appear Telephonically at the November 12, 2013 Final Pretrial Conference by Defendant Internal Revenue Service. (Attachments: # 1 Proposed Order (PDF Only))(Jaworski, Thomas) (Entered: 10/24/2013)
2013-10-24	58	MEMORANDUM regarding 57 MOTION for Leave to Appear Telephonically at the November 12, 2013 Final Pretrial Conference filed by Internal Revenue Service. Motion referred to Magistrate Judge Michael J. Watanabe by Judge Christine M. Arguello on 10/24/13. Text Only Entry (cmasec) (Entered: 10/24/2013)
2013-10-25	59	MINUTE ORDER granting 57 Motion to Appear Telephonically at the November 12, 2013 Final Pre-Trial Conference by Magistrate Judge Michael J. Watanabe on 10/25/13.(dkals, ) (Entered: 10/25/2013)
2013-11-05	60	Proposed Pretrial Order by Plaintiff Kelly Roe and Defendant IRS by Defendant Internal Revenue Service. (Jaworski, Thomas) (Entered: 11/05/2013)
2013-11-12	61	COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Final Pretrial Conference held on 11/12/2013. Final Pretrial Order entered. Court Reporter: FTR - Ellen E. Miller. FTR: Courtroom A502. (mjwcd) (Entered: 11/12/2013)
2013-11-12	62	FINAL PRETRIAL ORDER Trial Preparation Conference set for 1/13/2014 at 01:30 PM in Courtroom A 602 before Judge Christine M. Arguello. One-Day Bench Trial set for 1/21/2014 09:00 AM in Courtroom A 602 before Judge Christine M. Arguello.Entered by Magistrate Judge Michael J. Watanabe on 11/12/2013. (mjwcd) (Entered: 11/12/2013)
2013-12-16	63	MINUTE ORDER denying 52 Motion to Exclude Evidence, to Strike All References Thereto Offered in Support of Defendant's Omnibus Cross-Motion for Partial Summary Judgment and Motion to Dismiss, and In Limine by Magistrate Judge Michael J. Watanabe on 12/16/13.(dkals, ) (Entered: 12/16/2013)
2013-12-16	64	RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE that 38 Motion for Summary Judgment be denied, and that 50 Omnibus Cross-Motion for Partial Summary Judgment and Motion to Dismiss be granted, by Magistrate Judge Michael J. Watanabe on 12/16/13. (dkals, ) (Entered: 12/16/2013)
2013-12-24	65	OBJECTION to 64 Report and Recommendations filed by Plaintiff Kelly Roe. (Roe, Kelly) (Entered: 12/24/2013)
2013-12-26	66	MOTION to Stay re 62 Pretrial Order, Trial Date, Pretrial Deadline by Defendant Internal Revenue Service. (Attachments: # 1 Proposed Order (PDF Only))(Jaworski, Thomas) (Entered: 12/26/2013)
2013-12-26	67	MEMORANDUM regarding 66 MOTION to Stay re 62 Pretrial Order, Trial Date, Pretrial Deadline filed by Internal Revenue Service. Motion referred to Magistrate Judge Michael J. Watanabe. By Judge Christine M. Arguello on 12/26/2013. Text Only Entry (cmacd) (Entered: 12/26/2013)
2014-01-06	68	ORDER granting 66 Motion to Stay the January 13, 2014 Trial Date, the January 13, 2014 Trial Preparation Conference, and All Pre-Trial Deadlines by Judge Christine M. Arguello on 1/6/14. The Final Trial Preparation Conference and Jury Trial are vacated.(dkals, ) (Entered: 01/06/2014)
2014-01-06	69	RESPONSE to Objection to 64 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 50 MOTION for Summary Judgment filed by Internal Revenue Service, 38 MOTION for Summary Judgment filed by Kelly Roe filed by Defendant Internal Revenue Service. (Attachments: # 1 Exhibit Tax Court Opinion, # 2 Affidavit Hartford Declaration)(Jaworski, Thomas) (Entered: 01/06/2014)
2014-01-08	70	REPLY to 69 Response to Objection to Report and Recommendation, by Plaintiff Kelly Roe. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Roe, Kelly) (Entered: 01/08/2014)
2014-01-22	71	ORDER Adopting and Affirming 64 Report and Recommendations by Judge Christine M. Arguello on 1/22/14. Plaintiff's objections 65 are overruled, 50 Cross-Motion for Partial Summary Judgment and Motion to Dismiss is granted, and 38 Motion for Summary Judgment is denied. This case is dismissed with prejudice. (dkals, ) (Entered: 01/22/2014)
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