Case Detail

FOIA Project Annotation: A federal judge in Florida has ruled that John and Joanna Roberts may continue with their APA claim against the IRS for their tax records. The IRS investigated the Roberts but the case was ultimately dismissed by a court. Nevertheless, the agency continued to audit their tax returns and the Roberts filed a request for their records. The agency claimed some records did not exist, while others were exempt. The agency also argued that the Roberts could not proceed under the APA because they had a satisfactory remedy under FOIA. However, the court disagreed, noting that "Plaintiffs request separate findings pursuant to the APA, specifically, that the agency action was arbitrary and capricious, and constitutes a retaliatory 'reprosecution' of a previously dismissed indictment, a remedy facially distinct from that which the Plaintiffs request under FOIA. At this juncture, and based on the Court's analysis of the four corners of the Complaint, the Court finds that Plaintiffs' FOIA and APA claims are sufficiently distinct and non-duplicative."
Issues: Litigation - Jurisdiction - Standing

Date Filed	Doc #	Docket Text
2013-07-03	1	COMPLAINT against Internal Revenue Service filed by John Roberts, Joanna Roberts. (Filing fee $ 400 receipt number TPA-18138) (Attachments: # 1 Civil Cover Sheet)(RVB) (Entered: 07/03/2013)
2013-07-03	2	RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 7/17/2013. Signed by Judge Virginia M. Hernandez Covington on 7/3/2013. (LYB) (Entered: 07/03/2013)
2013-07-17	3	NOTICE of pendency of related cases re 2 Related case order and track 2 notice per Local Rule 1.04(d) by Joanna Roberts, John Roberts. Related case(s): yes (Dickerson, Brian) (Entered: 07/17/2013)
2013-07-30	4	SUMMONS issued as to Internal Revenue Service, U.S. Attorney (RVB) (Entered: 07/30/2013)
2013-08-02	5	**TERMINATED; ATTORNEY NOTIFIED TO RE-FILE USING THE CORRECT EVENT CODE** PROOF of service by Joanna Roberts, John Roberts (Dickerson, Brian) Modified on 8/2/2013 (RFK). (Entered: 08/02/2013)
2013-08-02	6	SUMMONS returned executed by John Roberts, Joanna Roberts. Internal Revenue Service served on 7/31/2013, answer due 9/30/2013. (Dickerson, Brian) (Entered: 08/02/2013)
2013-10-04	7	MOTION for entry of clerk's default against Internal Revenue Service by John Roberts, Joanna Roberts. (Dickerson, Brian) Motions referred to Magistrate Judge Thomas B. McCoun III. (Entered: 10/04/2013)
2013-10-07	8	Clerk's ENTRY OF DEFAULT as to Internal Revenue Service (LD) (Entered: 10/07/2013)
2013-10-07	9	MOTION to stay by Internal Revenue Service. (Sanders, Christopher) (Entered: 10/07/2013)
2013-10-07	10	ENDORSED ORDER granting 9 Motion for a Stay of All Proceedings. This case is stayed and administratively closed. The Internal Revenue Service is directed to advise the Court immediately when funding is restored to its office so that the case can be returned to active status. Signed by Judge Virginia M. Hernandez Covington on 10/7/2013. (KAK) (Entered: 10/07/2013)
2013-10-17	11	STATUS report Regarding End of Government Shutdown by Internal Revenue Service as to Internal Revenue Service. (Sanders, Christopher) (Entered: 10/17/2013)
2013-10-18	12	ENDORSED ORDER: Pursuant to the Status Report filed by the Internal Revenue Service 11 , the stay of this case is lifted. The Clerk is directed to reopen the case. Signed by Judge Virginia M. Hernandez Covington on 10/18/2013. (KAK) (Entered: 10/18/2013)
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