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Case TitleJUDICIAL WATCH, INC. v. INTERNAL REVENUE SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2013cv01559
Date Filed2013-10-09
Date Closed2018-10-17
JudgeJudge Emmet G. Sullivan
PlaintiffJUDICIAL WATCH, INC.
Case DescriptionJudicial Watch submitted four requests to the IRS for various records about how the agency processes applications of 501(c)(4) organizations for tax exempt status. While the agency acknowledged receipt of the requests and assigned tracking numbers, it did not respond to any of the requests within the statutory time limits. Judicial Watch then filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantINTERNAL REVENUE SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text
2013-10-091COMPLAINT against INTERNAL REVENUE SERVICE ( Filing fee $ 400 receipt number 0090-3496147) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Attorney for D.C., # 3 Summons U.S. Attorney General, # 4 Summons IRS)(Orfanedes, Paul) (Entered: 10/09/2013)
2013-10-092LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Orfanedes, Paul) (Entered: 10/09/2013)
2013-10-093NOTICE of Appearance by Ramona Raula Cotca on behalf of JUDICIAL WATCH, INC. (Cotca, Ramona) (Entered: 10/09/2013)
2013-10-09Case Assigned to Judge Emmet G. Sullivan. (md, ) (Entered: 10/10/2013)
2013-10-104ELECTRONIC SUMMONS ISSUED (3) as to INTERNAL REVENUE SERVICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons 2nd, # 2 Summons 3rd, # 3 Notice of Consent, # 4 Consent Form)(md, ) (Entered: 10/10/2013)
2013-10-225RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/17/2013. Answer due for ALL FEDERAL DEFENDANTS by 11/16/2013. (Attachments: # 1 Declaration of C. Rotaru)(Orfanedes, Paul) (Entered: 10/22/2013)
2013-10-23NOTICE OF ERROR re 5 Summons Returned Executed in FOIA as to U.S. Attorney; emailed to porfanedes@judicialwatch.org, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. As tot he US Attorney General and Federal Defendant (jf, ) (Entered: 10/23/2013)
2013-10-236RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/17/2013. (Attachments: # 1 Declaration of C. Rotaru)(Orfanedes, Paul) (Entered: 10/23/2013)
2013-10-237ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JUDICIAL WATCH, INC. served on 10/21/2013 (Attachments: # 1 Declaration of C. Rotaru/Service on Federal Defendant)(Orfanedes, Paul) Modified on 10/23/2013 (jf, ). (Entered: 10/23/2013)
2013-10-23NOTICE OF ERROR re 7 Summons Returned Executed as to Federal Defendant; emailed to porfanedes@judicialwatch.org, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. please select one of the defendants and not the plaintiff (jf, ) (Entered: 10/23/2013)
2013-10-238RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. INTERNAL REVENUE SERVICE served on 10/21/2013 (Attachments: # 1 Declaration of C. Rotaru/Service on Federal Defendant)(Orfanedes, Paul) (Entered: 10/23/2013)
2013-10-239RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/17/2013. (Attachments: # 1 Declaration of C. Rotaru/Summons served on US Atty General)(Orfanedes, Paul) (Entered: 10/23/2013)
2013-11-1810ANSWER to Complaint by INTERNAL REVENUE SERVICE.(Gelblum, Yonatan) (Entered: 11/18/2013)
2013-12-0311ORDER FOR MEET AND CONFER REPORT. Attorney Meet and Confer Conference due by 12/30/2013. Meet & Confer Statement due by 1/13/2014. Signed by Judge Emmet G. Sullivan on 12/03/13. (mac) (Entered: 12/03/2013)
2013-12-2412Consent MOTION for Extension of Time to Meet and Confer by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(Gelblum, Yonatan) (Entered: 12/24/2013)
2013-12-27MINUTE ORDER granting 12 Defendant's Consent Motion to Extend Meet and Confer Deadlines. Counsel for both parties shall confer by no later than January 10, 2014 and shall submit their meet and confer report by no later than January 24, 2014. Signed by Judge Emmet G. Sullivan on December 27, 2013. (lcegs1) (Entered: 12/27/2013)
2013-12-27Set/Reset Deadlines: Attorney Meet and Confer Conference due by 1/10/2014. Meet & Confer Statement due by 1/24/2014. (mac) (Entered: 12/27/2013)
2014-01-1413NOTICE of Appearance by Norah Elizabeth Bringer on behalf of INTERNAL REVENUE SERVICE (Bringer, Norah) (Entered: 01/14/2014)
2014-01-2214MEET AND CONFER STATEMENT. (Bringer, Norah) (Entered: 01/22/2014)
2014-04-3015STATUS REPORT by INTERNAL REVENUE SERVICE. (Bringer, Norah) (Entered: 04/30/2014)
2014-05-02MINUTE ORDER adopting 15 the parties proposal for further proceedings. Defendant shall continue its monthly rolling production of documents to plaintiff, and the parties shall file a joint status report, including recommendations for further proceedings, by no later than August 29, 2014. SO ORDERED. Signed by Judge Emmet G. Sullivan on May 2, 2014. (lcegs4) (Entered: 05/02/2014)
2014-05-02Set/Reset Deadlines: Joint Status Report due by 8/29/2014. (mac) (Entered: 05/02/2014)
2014-06-0416NOTICE OF SUBSTITUTION OF COUNSEL by Geoffrey John Klimas on behalf of INTERNAL REVENUE SERVICE Substituting for attorney Norah Elizabeth Bringer (Klimas, Geoffrey) (Entered: 06/04/2014)
2014-06-0617NOTICE OF WITHDRAWAL OF APPEARANCE by INTERNAL REVENUE SERVICE re 16 Substitution of Counsel (Bringer, Norah) (Entered: 06/06/2014)
2014-06-0618NOTICE OF WITHDRAWAL OF APPEARANCE as to INTERNAL REVENUE SERVICE. Attorney Yonatan Gelblum terminated. (Gelblum, Yonatan) (Entered: 06/06/2014)
2014-06-1719NOTICE of Appearance by Andrew C. Strelka on behalf of INTERNAL REVENUE SERVICE (Strelka, Andrew) (Entered: 06/17/2014)
2014-06-2720MOTION for Status Conference by JUDICIAL WATCH, INC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Text of Proposed Order)(Cotca, Ramona) . (Entered: 06/27/2014)
2014-06-27MINUTE ORDER treating as opposed and granting over objection 20 Plaintiff's Motion for a Status Conference. The Court will hold a status hearing in this matter on July 10, 2014 at 11:00 a.m. in Courtroom 24A. Signed by Judge Emmet G. Sullivan on June 27, 2014. (lcegs1) (Entered: 06/27/2014)
2014-06-27Set/Reset Hearings: Status Conference set for 7/10/2014 at 11:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) (Entered: 06/27/2014)
2014-07-0921NOTICE of Appearance by Carmen M. Banerjee on behalf of INTERNAL REVENUE SERVICE (Banerjee, Carmen) (Entered: 07/09/2014)
2014-07-10Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 7/10/2014. Order To Be Issued. (Court Reporter SCOTT WALLACE.) (mac) (Entered: 07/10/2014)
2014-07-10MINUTE ORDER. For the reasons stated by the Court on the record during the status hearing on July 10, 2014, Defendant IRS is hereby ORDERED to file a sworn Declaration, by an official with the authority to speak under oath for the Agency, by no later than August 11, 2014. In this Declaration, the IRS must: (1) explain the facts and circumstances surrounding the "crash" of Lois Lerner's hard drive in 2011, including information about any recovery and restoration efforts of that hard drive that have taken place to date; (2) provide information about efforts to produce relevant information lost from the "crash" of Ms. Lerner's hard drive in response to Plaintiff's FOIA requests; and (3) provide information regarding the scope of the ongoing investigation by the Inspector General of the Treasury relating to the hard drive "crash," and any potential impact that investigation may have on the ability of Defendant to produce documents responsive to Plaintiff's FOIA request. It is by the Court FURTHER ORDERED that this case is referred to Magistrate Judge John M. Facciola until September 10, 2014 so that the parties may meet and confer to discuss efforts relating to the IRS's efforts to produce information lost on Ms. Lerner's computer from other sources. It is by the Court FURTHER ORDERED that at the close of the meet and confer period, the parties are to file a joint status report, including a recommendation for further proceedings, by no later than September 24, 2014. If the parties are unable to agree on a joint recommendation, each party shall file an individual recommendation by that time. SO ORDERED. Signed by Judge Emmet G. Sullivan on July 10, 2014. (lcegs1) (Entered: 07/10/2014)
2014-07-11Set/Reset Deadlines: Defendant Declaration due by 8/11/2014. Joint Status Report or Individual Recommendation due by 9/24/2014. (mac) (Entered: 07/11/2014)
2014-07-1122ENTERED IN ERROR.....Case Reassigned to Magistrate Judge John M. Facciola for All Purposes until 9/10/2014. Judge Emmet G. Sullivan no longer assigned to the case. (md) Modified on 7/14/2014 (kb). (Entered: 07/14/2014)
2014-07-1123CASE REFERRED to Magistrate Judge John M. Facciola for mediation until September 10, 2014. (kb) (Entered: 07/14/2014)
2014-07-2924ORDER re referral to Judge Facciola for settlement. Signed by Magistrate Judge John M. Facciola on 7/29/14. (SP, ) (Entered: 07/29/2014)
2014-07-29Set/Reset Hearings: Settlement Conference set for 8/25/2014 at 02:00 PM in Chambers before Magistrate Judge John M. Facciola. (SP, ) (Entered: 07/29/2014)
2014-08-0525TRANSCRIPT OF PROCEEDINGS before Judge Emmet G. Sullivan held on 7-10-14; Page Numbers: 1-41. Date of Issuance:7-10-14. Court Reporter/Transcriber Scott Wallace, Telephone number 202-277-3739, Court Reporter Email Address : Scottlyn01@aol.com.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.<P></P> Redaction Request due 8/26/2014. Redacted Transcript Deadline set for 9/5/2014. Release of Transcript Restriction set for 11/3/2014.(Wallace, Scott) (Entered: 08/05/2014)
2014-08-1126NOTICE of Filing Declarations by INTERNAL REVENUE SERVICE re Order,,,,,,, (Attachments: # 1 Declaration of Aaron G. Signor, # 2 Declaration of John H. Minsek, # 3 Declaration of Stephen L. Manning, # 4 Declaration of Timothy P. Camus, # 5 Declaration of Thomas J. Kane)(Klimas, Geoffrey) (Entered: 08/11/2014)
2014-08-1427NOTICE OF WITHDRAWAL OF APPEARANCE as to INTERNAL REVENUE SERVICE. Attorney Andrew C. Strelka terminated. (Strelka, Andrew) (Entered: 08/14/2014)
2014-08-14MINUTE ORDER. In light of 26 the Declarations filed by the IRS, the IRS is hereby ORDERED to file a sworn Declaration, by an official with the authority to speak under oath for the Agency, by no later than August 22, 2014. In this Declaration, the IRS must: (1) provide information about its efforts, if any, to recover missing Lois Lerner emails from alternate sources (i.e., Blackberry, iPhone, iPad); (2) provide additional information explaining the IRS's policy of tracking inventory through use of bar code property tags, including whether component parts, such as hard drives, receive a bar code tag when serviced. If individual components do not receive a bar code tag, provide information on how the IRS tracks component parts, such as hard drives, when being serviced; (3) provide information about the IRS's policy to degauss hard drives, including whether the IRS records whose hard drive is degaussed, either by tracking the employee's name or the particular machine with which the hard drive was associated; and (4) provide information about the outside vendor who can verify the IRS's destruction policies concerning hard drives. Signed by Judge Emmet G. Sullivan on August 14, 2014. (lcegs4) (Entered: 08/14/2014)
2014-08-15Set/Reset Deadlines: Sworn Declaration due by 8/22/2014. (mac) (Entered: 08/15/2014)
2014-08-2228NOTICE of Filing Declarations by INTERNAL REVENUE SERVICE re Order,,,, (Attachments: # 1 Declaration of Stephen Manning, # 2 Declaration of Thomas J. Kane)(Klimas, Geoffrey) (Entered: 08/22/2014)
2014-08-25Minute Entry for proceedings held before Magistrate Judge John M. Facciola: Settlement Conference held on 8/25/2014. (lcjmf1, ) (Entered: 08/28/2014)
2014-08-2929STATUS REPORT by INTERNAL REVENUE SERVICE. (Klimas, Geoffrey) (Entered: 08/29/2014)
2014-09-1030NOTICE by INTERNAL REVENUE SERVICE (Attachments: # 1 Exhibit A)(Klimas, Geoffrey) (Entered: 09/10/2014)
2014-09-1731MOTION for Discovery by JUDICIAL WATCH, INC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Text of Proposed Order)(Cotca, Ramona) (Entered: 09/17/2014)
2014-09-2332STATUS REPORT and Recommendation Regarding Further Proceedings by INTERNAL REVENUE SERVICE. (Klimas, Geoffrey) (Entered: 09/23/2014)
2014-09-2433Unopposed MOTION for Extension of Time to File Response/Reply as to 31 MOTION for Discovery by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(Klimas, Geoffrey) (Entered: 09/24/2014)
2014-09-2434STATUS REPORT And Recommendation for Further Proceedings by JUDICIAL WATCH, INC.. (Cotca, Ramona) (Entered: 09/24/2014)
2014-09-24MINUTE ORDER granting 33 the government's unopposed motion for extension of time. The government shall file its response to 31 plaintiff's motion for discovery by no later than October 17, 2014. Signed by Judge Emmet G. Sullivan on September 24, 2014. (lcegs4) (Entered: 09/24/2014)
2014-09-24Set/Reset Deadlines: Government Response To Plaintiff's Motion For Discovery due by 10/17/2014. (mac) (Entered: 09/24/2014)
2014-10-1735Memorandum in opposition to re 31 MOTION for Discovery filed by INTERNAL REVENUE SERVICE. (Attachments: # 1 Declaration of Geoffrey J. Klimas, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Text of Proposed Order, # 18 Certificate of Service)(Klimas, Geoffrey) (Entered: 10/17/2014)
2014-10-2736REPLY to opposition to motion re 31 MOTION for Discovery filed by JUDICIAL WATCH, INC.. (Cotca, Ramona) (Entered: 10/27/2014)
2014-11-06MINUTE ORDER. The Court has reviewed 31 , 35 , 36 the briefs filed by the parties concerning Judicial Watch's motion for discovery. The IRS, in its 35 opposition, provides the Court with the email correspondence between the parties regarding the pending motion. This email correspondence makes clear that Judicial Watch, in filing its 31 motion for discovery, failed to comply with Local Rule 7(m). At best, Judicial Watch made only the most perfunctory attempt to satisfy the requirements of Local Rule 7(m) by emailing opposing counsel on September 10, 2014, stating that Judicial Watch is prepared to file a motion seeking discovery "limited to the issues of the missing emails," and then failing to respond to the IRS's follow-up email, dated September 11, 2014, requesting information on the specific nature of the discovery that Judicial Watch intends to seek; instead, Judicial Watch filed 31 a motion for discovery. Such efforts clearly do not satisfy Local Rule 7(m)'s requirement that counsel shall discuss the anticipated motion with opposing counsel and make a "good faith effort" to determine whether there is any opposition to the relief sought and, if there is, to narrow the areas of disagreement. Further, it is crystal clear from the email correspondence that the IRS, at that time, was not opposing Judicial Watch's request, but was seeking additional information to "make an informed decision about whether to consent to [Judicial Watch's] anticipated motion." Had Judicial Watch followed-up with the IRS, the parties may have resolved this issue without involvement from the Court. For these reasons, Judicial Watch's 31 motion for discovery is DENIED. It is FURTHER ORDERED that the parties file a joint status report, including a recommendation for further proceedings, by no later than November 21, 2014. In the event that counsel are unable to agree on a joint recommendation, each party shall file an individual recommendation by that time. SO ORDERED. Signed by Judge Emmet G. Sullivan on November 6, 2014. (lcegs4) (Entered: 11/06/2014)
2014-11-07Set/Reset Deadlines: Joint Status Report or Individual Recommendations due by 11/21/2014. (mac) (Entered: 11/07/2014)
2014-11-1937NOTICE of Appearance by Stephanie Ann Sasarak on behalf of INTERNAL REVENUE SERVICE (Sasarak, Stephanie) (Entered: 11/19/2014)
2014-11-2138STATUS REPORT AND RECOMMENDATION OF THE IRS by INTERNAL REVENUE SERVICE. (Banerjee, Carmen) (Entered: 11/21/2014)
2014-11-2139STATUS REPORT And Recommendation for Further Proceedings by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Cotca, Ramona) (Entered: 11/21/2014)
2014-12-03MINUTE ORDER. The Court has reviewed 38 , 39 the status reports filed by the parties. As an initial matter, the Court thinks it is premature to put in place a briefing schedule for partial summary judgment before the IRS completes its document production. Further, as stated by the Court during the status hearing held on July 10, 2014, "if plaintiff wishes to pursue discovery, then plaintiff can file a request for discovery addressing any inadequacies in the declaration[s] and its entitlement, if it has an entitlement, as a matter of law, to discovery at this very interesting juncture where discovery is still ongoing, it has not been concluded [and] we're not at the [Rule] 56 stage...." The Court does not think it is necessary to put a briefing schedule in place for discovery; plaintiff can file a motion whenever plaintiff thinks is appropriate. It is FURTHER ORDERED that the parties file a statement, by no later than December 5, 2014, addressing whether this case should be consolidated with Case No. 13-cv-1759, Judicial Watch v. IRS. See Fed. R. Civ. P. 42(a) (permitting the court to consolidate actions "involv[ing] a common question of law or fact"); Local Civ. R. 40.5(a)(3). The Court will not schedule a status hearing at this time. SO ORDERED. Signed by Judge Emmet G. Sullivan on December 3, 2014. (lcegs4) (Entered: 12/03/2014)
2014-12-04Set/Reset Deadlines: Statement due by 12/5/2014. (mac) (Entered: 12/04/2014)
2014-12-0540NOTICE Regarding Position on Consolidation by INTERNAL REVENUE SERVICE re Order,,,,, Set/Reset Deadlines (Klimas, Geoffrey) (Entered: 12/05/2014)
2014-12-0541NOTICE of Plaintiff's Statement Regarding Consolidation by JUDICIAL WATCH, INC. (Cotca, Ramona) (Entered: 12/05/2014)
2015-02-23MINUTE ORDER. Judicial Watch asserts that this case should be consolidated with Judicial Watch, Inc. v. IRS, Case No. 13-cv-1759, because both cases "involve the same parties, are pending before this Court and implicate common questions of fact and law concerning the 'missing' IRS e-mails at issue in this litigation." Judicial Watch has recently filed two new cases against the IRS -- 15-cv-220 and 15-cv-237. In both cases, Judicial Watch filed a "notice of related case" stating that these two cases are related to this case (13-cv-1559) and/or 13-cv-1759. Federal Rule of Civil Procedure 42(a) permits the Court to consolidate actions involving a common question of law or fact. Consolidation is proper when it serves the purposes of judicial economy and convenience. See e.g., Hubbard v. Gipson, 2014 WL 5514137 at *7 (E.D. Ca. Oct. 31, 2014). "The district court has broad discretion under this rule to consolidate cases pending in the same district." Investors Research Co. v. United States District Court for the Central District of California, 877 F.2d 777, 777 (9th Cir. 1989); Biochem Pharma, Inc. v. Emory Univ., 148 F. Supp. 2d 11, 13 (D.D.C. 2001). In determining whether to consolidate actions, the Court weighs the interest of judicial convenience against the potential for delay, confusion, and prejudice caused by consolidation. See e.g., Katz v. Realty Equities Corp., 521 F.2d 1354, 1362 (2d Cir. 1975). In the interests of judicial convenience and economy, the Court is inclined to consolidate this case (13-cv-1559) with 13-cv-1759, 15-cv-220 and 15-cv-237. Further, the Court is of the opinion that no discernible delay, confusion, or prejudice would result from consolidation. Accordingly, it is hereby ORDERED that the IRS file a statement, by no later than February 27, 2015, addressing whether this case should be consolidated with 13-cv-1759, 15-cv-220 and 15-cv-237. Signed by Judge Emmet G. Sullivan on February 23, 2015. (lcegs4) (Entered: 02/23/2015)
2015-02-23Set/Reset Deadlines: IRS statement due by 2/27/2015. (mac) (Entered: 02/23/2015)
2015-02-2642NOTICE Defendant's Statement Regarding Consolidation by INTERNAL REVENUE SERVICE (Sasarak, Stephanie) (Entered: 02/26/2015)
2015-03-0443NOTICE by INTERNAL REVENUE SERVICE (Klimas, Geoffrey) (Entered: 03/04/2015)
2015-05-0744NOTICE by INTERNAL REVENUE SERVICE (Klimas, Geoffrey) (Entered: 05/07/2015)
2015-06-0245RESPONSE re 44 Notice (Other) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1)(Cotca, Ramona) (Entered: 06/02/2015)
2015-06-04MINUTE ORDER. On February 23, 2015, this Court entered a Minute Order expressing its inclination potentially to consolidate this case with three later-filed FOIA cases involving the same parties. See Minute Order of February 23, 2015. The IRS filed 42 a response, which stated its opposition to consolidation. The IRS's argument focuses on: (1) the fact that these four cases each involve distinct FOIA requests which, while addressing related issues, did not involve the same requests or the same administrative processing; and (2) the fact that the cases are all at different procedural postures before this Court. This Court has broad discretion concerning the consolidation of pending cases. See Fed. R. Civ. P. 42(a). As the Court previously noted, "[c]onsolidation is proper when it serves the purposes of judicial economy and convenience." Minute Order of February 23, 2015 (citing Hubbard v. Gipson, 2014 WL 5514137 at *7 (E.D. Ca. Oct. 31, 2014)). Although these pending cases implicate common issues regarding allegedly missing emails, the Court agrees that they all relate to distinct FOIA requests. More importantly, the cases are currently at widely divergent procedural postures. This case has been pending for nearly two years, and the parties continue to submit status reports regarding the IRS's ongoing review. Case No. 13-cv-1759 has a ripe motion for summary judgment regarding the adequacy of the IRS's already-conducted search. The other cases, by contrast, were filed in 2015 and the IRS has only recently responded to the Complaint in each case. For these reasons, the Court finds that confusion and delay would result from consolidating these cases in their currently divergent procedural postures. See e.g., Katz v. Realty Equities Corp., 521 F.2d 1354, 1362 (2d Cir. 1975). Accordingly, the parties are notified that the Court will not consolidate these cases at this time. Signed by Judge Emmet G. Sullivan on June 4, 2015. (lcegs2) (Entered: 06/04/2015)
2015-06-04MINUTE ORDER. The IRS is directed to respond to 45 the plaintiff's notice by no later than June 12, 2015. Signed by Judge Emmet G. Sullivan on June 4, 2015. (lcegs2) (Entered: 06/04/2015)
2015-06-05Set/Reset Deadlines: IRS Response to 45 Plaintiff's Notice due by 6/12/2015. (mac) (Entered: 06/05/2015)
2015-06-1246RESPONSE re 45 Response to Document filed by INTERNAL REVENUE SERVICE. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Klimas, Geoffrey) (Entered: 06/12/2015)
2015-06-1547RESPONSE re 46 Response to Document filed by JUDICIAL WATCH, INC.. (Cotca, Ramona) (Entered: 06/15/2015)
2015-06-18MINUTE ORDER. The Court will hold a status hearing to discuss 45 , 46 , 47 the parties' recent notices on July 1, 2015 at 1:30 p.m. in Courtroom 24A. The IRS shall file a supplemental report, setting forth any new information regarding: (1) TIGTA's recovery of emails from the backup tapes; (2) TIGTA's production of emails to the IRS; (3) the IRS's review of emails and production to the plaintiff; and (4) the status of the TIGTA investigation. This report shall be filed by no later than June 29, 2015. Signed by Judge Emmet G. Sullivan on June 18, 2015. (lcegs2) (Entered: 06/18/2015)
2015-06-19Set/Reset Deadlines: This report shall be filed by no later than June 29, 2015 (tcr) (Entered: 06/19/2015)
2015-06-22Set/Reset Hearings: Status Conference set for 7/1/2015 at 1:30 PM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) (Entered: 06/22/2015)
2015-06-23MINUTE ORDER. Due to the Court's calendar, it is necessary to reschedule the motion hearing currently scheduled for July 1, 2015 at 1:30 p.m. The hearing will now take place on July 1, 2015 at 3:00 p.m. in Courtroom 24A. PLEASE NOTE THE TIME CHANGE. Signed by Judge Emmet G. Sullivan on June 23, 2015. (lcegs2) (Entered: 06/23/2015)
2015-06-23Set/Reset Hearings: Status Conference set for 7/1/2015 at 3:00 PM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) (Entered: 06/23/2015)
2015-06-2948STATUS REPORT by INTERNAL REVENUE SERVICE. (Attachments: # 1 Exhibit A)(Klimas, Geoffrey) (Entered: 06/29/2015)
2015-07-01Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 7/1/2015. Status Conference set for 10/7/2015 at 10:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. (Court Reporter SCOTT WALLACE.) (mac) (Entered: 07/02/2015)
2015-07-0249NOTICE OF FILING UNDER SEAL by INTERNAL REVENUE SERVICE re Status Conference, Set Hearings (Klimas, Geoffrey) (Entered: 07/02/2015)
2015-07-1750NOTICE by JUDICIAL WATCH, INC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Cotca, Ramona) (Entered: 07/17/2015)
2015-07-2151TRANSCRIPT OF PROCEEDINGS before Judge Emmet G. Sullivan held on 7-1-15; Page Numbers: (1-31). Date of Issuance:7-15-15. Court Reporter/Transcriber Scott Wallace, Telephone number 202-354-3196, Court Reporter Email Address : Scott_l_wallace@dcd.uscourts.gov.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 8/11/2015. Redacted Transcript Deadline set for 8/21/2015. Release of Transcript Restriction set for 10/19/2015.(Wallace, Scott) (Entered: 07/21/2015)
2015-07-22MINUTE ORDER. The parties shall appear for a status hearing in Courtroom 24A, scheduled sua sponte by the Court, on Wednesday, July 29, 2015 at 10:30 a.m. Signed by Judge Emmet G. Sullivan on July 22, 2015. (lcegs4) (Entered: 07/22/2015)
2015-07-22Set/Reset Hearings: Status Conference set for 7/29/2015 at 10:30 AM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) (Entered: 07/22/2015)
2015-07-29MINUTE ORDER. At the July 29, 2015 status hearing, the Government agreed that the Court's July 1, 2015 oral order from the bench was clear and enforceable. Nonetheless, the Government reasoned it inappropriate to file a motion for reconsideration until a written order was issued. As expressed at the hearing, the Government's reasoning is nonsensical. Officers of the Court who fail to comply with Court orders will be held in contempt. Also, in the event of non-compliance with future Court orders, the Commissioner of the IRS and others shall be directed to show cause as to why they should not be held in contempt of Court. The Court's July 1, 2015 ruling from the bench stands: (1) the Government shall produce relevant documents every Monday; (2) the Government's document production shall be accompanied by a status report that indicates (a) whether TIGTA has turned over any new documents to the IRS, (b) if so, the number of documents, and (c) a timeframe for the IRSs production of those documents. Signed by Judge Emmet G. Sullivan on July 29, 2015. (lcegs4) (Entered: 07/29/2015)
2015-07-29Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 7/29/2015. Oral order directing the IRS to weekly produce the production of documents and status report. (Court Reporter Scott Wallace) (gdf) (Entered: 07/29/2015)
2015-08-0352STATUS REPORT by INTERNAL REVENUE SERVICE. (Klimas, Geoffrey) (Entered: 08/03/2015)
2015-08-1053STATUS REPORT by INTERNAL REVENUE SERVICE. (Klimas, Geoffrey) (Entered: 08/10/2015)
2015-08-1754STATUS REPORT by INTERNAL REVENUE SERVICE. (Klimas, Geoffrey) (Entered: 08/17/2015)
2015-08-2455STATUS REPORT by INTERNAL REVENUE SERVICE. (Klimas, Geoffrey) (Entered: 08/24/2015)
2015-08-3156STATUS REPORT by INTERNAL REVENUE SERVICE. (Klimas, Geoffrey) (Entered: 08/31/2015)
2015-09-0457STATUS REPORT by INTERNAL REVENUE SERVICE. (Klimas, Geoffrey) (Entered: 09/04/2015)
2015-09-1458STATUS REPORT by INTERNAL REVENUE SERVICE. (Klimas, Geoffrey) (Entered: 09/14/2015)
2015-09-1659NOTICE of Appearance by Jason B. Aldrich on behalf of JUDICIAL WATCH, INC. (Aldrich, Jason) (Entered: 09/16/2015)
2015-09-2160STATUS REPORT by INTERNAL REVENUE SERVICE. (Klimas, Geoffrey) (Entered: 09/21/2015)
2015-09-2861STATUS REPORT by INTERNAL REVENUE SERVICE. (Klimas, Geoffrey) (Entered: 09/28/2015)
2015-09-3062Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1)(Cotca, Ramona) (Entered: 09/30/2015)
2015-10-0563STATUS REPORT by INTERNAL REVENUE SERVICE. (Klimas, Geoffrey) (Entered: 10/05/2015)
2015-10-07Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 10/7/2015. Status Report due by 12/3/2015. Status Conference set for 12/10/2015 at 10:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. (Court Reporter SCOTT WALLACE.) (mac) (Entered: 10/07/2015)
2015-10-0964STATUS REPORT by INTERNAL REVENUE SERVICE. (Klimas, Geoffrey) (Entered: 10/09/2015)
2015-10-1965STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 10/19/2015)
2015-10-2666STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 10/26/2015)
2015-10-2967TRANSCRIPT OF PROCEEDINGS before Judge Emmet G. Sullivan held on 10-7-15; Page Numbers: (1-28). Date of Issuance:10-9-15. Court Reporter/Transcriber Scott L. Wallace, Telephone number 202-354-3196, Transcripts may be ordered by submitting the <a href=http://www.dcd.uscourts.gov/dcd/node/2189>Transcript Order Form.</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 11/19/2015. Redacted Transcript Deadline set for 11/29/2015. Release of Transcript Restriction set for 1/27/2016.(Wallace, Scott) (Entered: 10/29/2015)
2015-11-0268STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 11/02/2015)
2015-11-0969STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 11/09/2015)
2015-11-1670STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 11/16/2015)
2015-11-2371STATUS REPORT by INTERNAL REVENUE SERVICE. (Klimas, Geoffrey) (Entered: 11/23/2015)
2015-11-3072STATUS REPORT by INTERNAL REVENUE SERVICE. (Klimas, Geoffrey) (Entered: 11/30/2015)
2015-12-0373Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Klimas, Geoffrey) (Entered: 12/03/2015)
2015-12-0774STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 12/07/2015)
2015-12-10Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 12/10/2015. Status Conference set for 3/31/2016 at 10:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. (Court Reporter SCOTT WALLACE.) (mac) (Entered: 12/10/2015)
2015-12-1475STATUS REPORT by INTERNAL REVENUE SERVICE. (Klimas, Geoffrey) (Entered: 12/14/2015)
2015-12-2176STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 12/21/2015)
2015-12-2877STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 12/28/2015)
2015-12-3078Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Klimas, Geoffrey) (Entered: 12/30/2015)
2016-01-0479STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 01/04/2016)
2016-01-1180STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 01/11/2016)
2016-01-1581STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 01/15/2016)
2016-01-2282STATUS REPORT by INTERNAL REVENUE SERVICE. (Klimas, Geoffrey) (Entered: 01/22/2016)
2016-02-0183STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 02/01/2016)
2016-02-0884STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 02/08/2016)
2016-02-0885ERRATA Corrected Status Report by INTERNAL REVENUE SERVICE 84 Status Report filed by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 02/08/2016)
2016-02-1686STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 02/16/2016)
2016-02-2287STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 02/22/2016)
2016-02-2988STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 02/29/2016)
2016-03-0789STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 03/07/2016)
2016-03-1490STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 03/14/2016)
2016-03-2191STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 03/21/2016)
2016-03-2892STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 03/28/2016)
2016-03-30MINUTE ORDER. Due to the Court's calendar, the status hearing scheduled for 10:00 a.m. on Thursday, March 31, 2016 is hereby rescheduled for 12:30 p.m. on Thursday, April 28, 2016. Signed by Judge Emmet G. Sullivan on March 30, 2016. (lcegs4) (Entered: 03/30/2016)
2016-03-30Set/Reset Hearings: Status Conference set for 4/28/2016 at 12:30 PM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) (Entered: 03/30/2016)
2016-04-0493STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 04/04/2016)
2016-04-0794Unopposed MOTION for Extension of Time to Make Next Rolling Release of Documents by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(Klimas, Geoffrey) (Entered: 04/07/2016)
2016-04-1195STATUS REPORT by INTERNAL REVENUE SERVICE. (Klimas, Geoffrey) (Entered: 04/11/2016)
2016-04-11MINUTE ORDER granting 94 Motion for Extension of Time. Signed by Judge Emmet G. Sullivan on April 11, 2016. (lcegs4) (Entered: 04/11/2016)
2016-04-1896STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 04/18/2016)
2016-04-2597STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 04/25/2016)
2016-04-28Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 4/28/2016. Parties To File Either a Joint Status Report or Individual Recommendation in regards to further proceedings due by 9/12/2016. Order To Be Issued. (Court Reporter SCOTT WALLACE.) (mac) (Entered: 04/28/2016)
2016-05-0298STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 05/02/2016)
2016-05-0999STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 05/09/2016)
2016-05-10100TRANSCRIPT OF PROCEEDINGS before Judge Emmet G. Sullivan held on 4-28-16; Page Numbers: (1-9). Date of Issuance:5-1-16. Court Reporter/Transcriber Scott Wallace, Telephone number 202-354-3196, Transcripts may be ordered by submitting the <a href=http://www.dcd.uscourts.gov/dcd/node/2189>Transcript Order Form.</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 5/31/2016. Redacted Transcript Deadline set for 6/10/2016. Release of Transcript Restriction set for 8/8/2016.(Wallace, Scott) (Entered: 05/10/2016)
2016-09-12101Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Klimas, Geoffrey) (Entered: 09/12/2016)
2016-09-28102STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 09/28/2016)
2016-11-21103Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 11/21/2016)
2017-01-10104Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 01/10/2017)
2017-03-28105Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 03/28/2017)
2017-06-05106Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 06/05/2017)
2017-06-16107Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Attachments: # 1 Exhibit)(Sasarak, Stephanie) (Entered: 06/16/2017)
2017-07-28108Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 07/28/2017)
2017-09-25109Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 09/25/2017)
2017-11-17110Joint STATUS REPORT And Stipulation by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 11/17/2017)
2017-12-18111STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 12/18/2017)
2018-01-22112WITHDRAWN PURSUANT TO NOTICE FILED 1/23/2018.....Unopposed MOTION to Stay by INTERNAL REVENUE SERVICE (Sasarak, Stephanie) Modified on 1/24/2018 (znmw). (Entered: 01/22/2018)
2018-01-23113WITHDRAWAL of Motion by INTERNAL REVENUE SERVICE re 112 Unopposed MOTION to Stay filed by INTERNAL REVENUE SERVICE . (Sasarak, Stephanie) (Entered: 01/23/2018)
2018-01-31114Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 01/31/2018)
2018-05-30115Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 05/30/2018)
2018-07-31116Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 07/31/2018)
2018-08-01MINUTE ORDER. In view of 116 the parties' joint status report, the parties are directed to file a further joint status report with a recommendation for further proceedings by no later than September 28, 2018. Signed by Judge Emmet G. Sullivan on 8/1/2018. (lcegs2) (Entered: 08/01/2018)
2018-08-02Set/Reset Deadlines: Joint Status Report due by 9/28/2018. (mac) (Entered: 08/02/2018)
2018-09-25117Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 09/25/2018)
2018-09-28MINUTE ORDER. In light of 117 the parties' joint status report, the parties are directed to file either a stipulation of dismissal or a joint status report with a recommendation for further proceedings, if necessary, by no later than November 28, 2018. Signed by Judge Emmet G. Sullivan on 9/28/2018.(lcegs2) (Entered: 09/28/2018)
2018-09-28Set/Reset Deadlines: Stipulation Of Dismissal Or Joint Status Report due by 11/28/2018. (mac) (Entered: 09/28/2018)
2018-10-17118STIPULATION of Dismissal with Prejudice by JUDICIAL WATCH, INC.. (Cotca, Ramona) (Entered: 10/17/2018)
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