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Case TitleDwayne D. Daniels v. Internal Revenue Service
DistrictCentral District of California
CityWestern Division - Los Angeles
Case Number2:2014cv05132
Date Filed2014-07-02
Date Closed2016-02-04
JudgeJudge George H. Wu
PlaintiffDwayne D Daniels
Case DescriptionDwayne Daniels submitted a FOIA request to the IRS in July 2010 for any Form 5344, an examination closing record, issued to him for tax years 2004-2006. The agency provided only a sample Form 5344. Daniels appealed the agency's failure to find any Form 5344 related to him. The agency concluded that it had conducted an adequate search. Daniels submitted a second FOIA request in February 2014 for a number of forms he alleged the agency should have pertaining to his taxes. The agency responded with a single form and when Daniels appealed the agency indicated the form was the only responsive record. Daniels then filed suit.
Complaint issues: Adequacy - Search

DefendantInternal Revenue Service
DefendantMediator (ADR Panel)
Receiver David A Gill
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-07-02LODGED COMPLAINT forwarded to Duty Magistrate Judge Stephen J. Hillman. Complaint sought to be filed by Plaintiff Dwayne D. Daniels. (ghap) (Entered: 07/09/2014)
2014-07-021REQUEST to Proceed In Forma Pauperis with Declaration in Support filed by plaintiff Dwayne D. Daniels. (Attachments: # 1 Lodged Complaint and Civil Cover Sheets, # 2 Lodged Certification and Notice of Interested Parties, # 3 Summons)(ghap) (Entered: 07/09/2014)
2014-07-092ORDER by Magistrate Judge Stephen J. Hillman granting 1 Request for Leave to Proceed In Forma Pauperis. (esa) (Entered: 07/14/2014)
2014-07-093COMPLAINT against defendant Internal Revenue Service. Case assigned to Judge George H. Wu for all further proceedings, Discovery referred to Magistrate Judge Alicia G. Rosenberg; (Filing fee IFP); filed by plaintiff Dwayne D. Daniels. (esa) (Entered: 07/14/2014)
2014-07-09460 DAY Summons Issued re Complaint 3 as to defendant Internal Revenue Service. (esa) (Entered: 07/14/2014)
2014-07-095CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by Plaintiff Dwayne D. Daniels. (esa) (Entered: 07/14/2014)
2014-07-096NOTICE OF ASSIGNMENT to District Judge George H. Wu and Magistrate Judge Alicia G. Rosenberg. (esa) (Entered: 07/14/2014)
2014-07-097NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) (Entered: 07/14/2014)
2014-07-158Standing Order Re Final Pre-Trial Conferences for Civil Jury Trial by Judge George H. Wu. (See attached document for details.) (lom) (Entered: 07/15/2014)
2014-07-289TEXT ONLY ENTRY: Magistrate Judge Alicia G. Rosenberg is participating in a pilot project regarding the submission of SEALED DOCUMENTS. Effective July 8, 2013, all proposed sealed documents pertaining to discovery matters referred to the magistrate judge must be submitted via e-mail to the Judges Chambers email address at AGR_Chambers@cacd.uscourts.gov. Please refer to the judges procedures and schedules for detailed instructions for submission of sealed documents. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kl) TEXT ONLY ENTRY (Entered: 07/28/2014)
2014-10-3010PROOF OF SERVICE Executed by Plaintiff Dwayne D. Daniels, upon Defendant Service of the Summons and Complaint were executed upon the United States Attorneys Office by serving Commissioner of Internal Revenue, United States Attorney's Office, Attorney General of the United Statesby by serving certified mail with electronic receipt. (pj) (Entered: 10/31/2014)
2014-11-2111NOTICE OF MOTION AND First MOTION for Extend Time to File Answer to 12/24/2014 re Complaint - (Discovery) 3 filed by Defendant Internal Revenue Service. Motion set for hearing on 12/1/2014 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Proposed Order)(Attorney Stephen S Ho added to party Internal Revenue Service(pty:dft))(Ho, Stephen) (Entered: 11/21/2014)
2014-12-0112ORDER by Judge George H. Wu. Upon consideration of the unopposed motion by the Internal Revenue Service for additional time in which to answer or otherwise plead, and the reasons therefor, the Court has determined that the motion should be, and therefore is, GRANTED. Accordingly, it is therefore ORDERED, ADJUDGED, and DECREED that Defendant has up to and including December 24, 2014 in which to serve their answer or other responsive pleading. (kss) (Entered: 12/02/2014)
2014-12-2413ANSWER to Complaint - (Discovery) 3 filed by Defendant Internal Revenue Service.(Ho, Stephen) (Entered: 12/24/2014)
2014-12-3014MINUTE ORDER IN CHAMBERS by Judge George H. Wu: The Court sets a Scheduling Conference for 2/12/2015 at 08:30 AM before Judge George H. Wu. A Joint 26(f) Report shall be filed with the Court not later than January 28, 2015. (pg) (Entered: 12/30/2014)
2014-12-3015MINUTE ORDER IN CHAMBERS by Judge George H. Wu:On the Courts own motion, a Scheduling Conference is set for February 12, 2015 at 8:30 a.m. Counsel are reminded of their obligations to disclose information, confer on a discovery plan, and report to the Court, as required by F.R.C.P. 26 and the Local Rules of this Court. Trial counsel are ordered to be present. A Joint 26(f) Report shall be filed with the Court not later than January 28, 2015. See LocalRule 26-1. Plaintiffs counsel is directed to give notice of the scheduling conference to all parties that have appeared in this action, and is directed to give notice of the scheduling conference immediately to each party that makes an initial appearance in the action after this date. (lc) (Entered: 12/30/2014)
2014-12-3116REPLY filed by Plaintiff Dwayne D Daniels to Answer to Complaint (Discovery) 13 With Attached Supporting Affidavit (shb) (Entered: 01/05/2015)
2015-01-2817JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 1 day, filed by Defendant Internal Revenue Service.. (Ho, Stephen) (Entered: 01/28/2015)
2015-02-1218MINUTES OF Scheduling Conference held before Judge George H. Wu, Plaintiff Dwayne D. Daniels, in pro per, is not present. The Court sets the following: Last day to add parties and/or amend pleadings February 20, 2015; Discovery cutoff April 3, 2015; Mediation cutoff May 8, 2015; Post-Mediation Status Conference May 11, 2015 at 8:30 a.m. Motion hearing cutoff June 11, 2015; Reply to motion June 2, 2015; Pretrial Conference June 25, 2015 at 8:30 a.m. Court Trial July 7, 2015 at 9:00 a.m.Court Reporter: Katie Thibodeaux. (pj) (Entered: 02/13/2015)
2015-04-2119TEXT ONLY ENTRY (IN CHAMBERS): by Judge George H. Wu; The Court, on its own motion, CONTINUES the Post-Mediation Status Conference previously scheduled for 05/11/2015 to 5/14/2015 at 08:30 AM before Judge George H. Wu.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY (Entered: 04/21/2015)
2015-04-2220STIPULATION to Continue Scheduling Order dates from 5/8/15, 5/14/15, 6/11/15, 6/2/15, 6/25/15, 7/7/15 to 7/7/15, 7/13/15, 8/10/15, 8/3/15, 8/24/15, 9/8/15 Re: Scheduling Conference,,, Set/Reset Deadlines/Hearings,, 18 , Text Only Scheduling Notice, 19 filed by defendant Internal Revenue Service. (Attachments: # 1 Proposed Order)(Ho, Stephen) (Entered: 04/22/2015)
2015-04-2421ORDER MODIFYING SCHEDULING ORDER by Judge George H. Wu: Upon Stipulation 20 , it is therefore ORDERED, ADJUDGED, and DECREED that the relevant dates are extended as follows: Mediation cutoff 7/7/2015. Post-Mediation Status Conference set for 7/13/2015 08:30 AM before Judge George H. Wu. Motion hearing cutoff 8/10/2015. Reply to motion 8/3/2015. Pretrial Conference set for 8/24/2015 08:30 AM before Judge George H. Wu. Bench Trial set for 9/8/2015 09:00 AM before Judge George H. Wu. (gk) (Entered: 04/28/2015)
2015-04-2922NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) David A Gill has been assigned to serve as Panel Mediator. (mb) (Entered: 04/29/2015)
2015-07-0623TEXT ONLY ENTRY (IN CHAMBERS): by Judge George H. Wu; The Court, on its own motion, CONTINUES the Post-Mediation Status Conference previously scheduled for 07/13/2015 to 7/20/2015 at 08:30 AM before Judge George H. Wu.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY (Entered: 07/06/2015)
2015-07-0824Second STIPULATION to Continue Scheduling Order dates from 7/30/15, 8/10/15, 8/3/15, 8/24/15, 9/8/15 to 7/27/15, 8/24/15, 8/17/15, 9/7/15, 9/22/15 Re: Text Only Scheduling Notice, 23 , Order,, Terminate Deadlines and Hearings,, Set/Reset Deadlines/Hearings, 21 filed by defendant Internal Revenue Service. (Attachments: # 1 Proposed Order)(Ho, Stephen) (Entered: 07/08/2015)
2015-07-0925SECOND ORDER MODIFYING SCHEDULING ORDER by Judge George H. Wu, re Stipulation to Continue, 24 , Accordingly, it is therefore ORDERED, ADJUDGED, and DECREED that the relevant dates are extended as follows: Post-mediation status conference July 27, 2015 at 8:30 a.m. Motion hearing cutoff August 24, 2015; Reply to motion August 17, 2015; Pretrial conference September 7, 2015 at 8:30 a.m.Court trial September 22, 2015 at 9:00 a.m. (pj) (Entered: 07/10/2015)
2015-07-2326Third STIPULATION to Continue Scheduling Order dates from 8/24/15, 8/17/15, 9/7/15, 9/22/15 to 9/28/15, 9/21/15, 10/12/15, 10/27/15 Re: Order,, Set/Reset Deadlines/Hearings, 25 filed by defendant Internal Revenue Service. (Attachments: # 1 Proposed Order)(Ho, Stephen) (Entered: 07/23/2015)
2015-07-2727MINUTES OF TELEPHONIC POST-MEDIATION STATUS CONFERENCE held before Judge George H. Wu: Settlement is not reached. Court and counsel confer re scheduling. The Court approves the stipulation modifying the scheduling order filed on July 23, 2015. Order to issue.Court Reporter: Katie Thibedeaux. (bp) (Entered: 07/29/2015)
2015-07-2728THIRD ORDER MODIFYING SCHEDULING ORDER by Judge George H. Wu, re Stipulation to Continue, 26 . Upon consideration of the parties' third stipulation to modify the scheduling order to extend the relevant deadlines by thirty-five days, and the reasons therefor, the Court has determined that the stipulation should be, and therefore is, GRANTED. Accordingly, it is therefore ORDER, ADJUDGED, and DECREED that the relevant dates are extended as follows: Motion hearing cutoff 9/28/15. Reply to motion 9/21/15. Pretrial conference 10/12/15 at 8:30 a.m. Court trial 10/27/15 at 9:00 a.m. (bp) (Entered: 07/29/2015)
2015-08-2829Fourth STIPULATION to Continue Scheduling Order dates from 9/28/15, 9/21/15, 10/12/15, 10/27/15 to 11/16/15, 11/9/15, 11/30/15, 12/15/15 Re: Order,,, Set/Reset Deadlines/Hearings,, 28 filed by defendant Internal Revenue Service. (Attachments: # 1 Proposed Order)(Ho, Stephen) (Entered: 08/28/2015)
2015-08-3130FOURTH ORDER MODIFYING SCHEDULING ORDER by Judge George H. Wu: Upon Stipulation 29 , it is therefore ORDERED, ADJUDGED, and DECREED that the relevant dates are extended as follows: Motion hearing cutoff 11/16/2015. Reply to motion 11/9/2015. Final Pretrial Conference set for 11/30/2015 08:30 AM before Judge George H. Wu. Bench Trial set for 12/14/2015 01:30 PM before Judge George H. Wu. (gk) (Entered: 09/01/2015)
2015-10-1931NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint ; MEMORANDUM OF POINTS AND AUTHORITIES filed by defendant Internal Revenue Service. Motion set for hearing on 11/16/2015 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Statement of Uncontroverted Facts, # 2 Proposed Order, # 3 Declaration of Rachel Gregory, # 4 Exhibit A to I, # 5 Exhibit J to U, # 6 Exhibit V to CC, # 7 Declaration of Jennifer Perez, # 8 Exhibit JP1) (Ho, Stephen) (Entered: 10/19/2015)
2015-10-2032Standing Order Re Summary Judgment Motions by Judge George H. Wu: Please refer to the Court's order for details. (cr) (Entered: 10/20/2015)
2015-11-0533Fifth STIPULATION to Continue Scheduling Order dates from 11/9/15, 11/16/15, 11/30/15, 12/15/15 to 11/18/15, 11/30/15, 03/01/16, 03/15/16 Re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint ; MEMORANDUM OF POINTS AND AUTHORITIES 31 , Order,, Set/Reset Deadlines/Hearings, 30 filed by defendant Internal Revenue Service. (Attachments: # 1 Proposed Order)(Ho, Stephen) (Entered: 11/05/2015)
2015-11-0634FIFTH ORDER MODIFING SCHEDULING ORDER by Judge George H. Wu: Upon consideration of the parties' fifth stipulation to modify the scheduling order, and the reasons therefore, the Court has determined that the stipulation should be, and therefore is, GRANTED. Please refer to the Court's order for specifics. (cr) (Entered: 11/09/2015)
2015-11-1035OPPOSITION AND OPPOSITION TO Summary Judgment as to Plaintiff's Complaint ; MEMORANDUM OF POINTS AND AUTHORITIES 31 filed by Plaintiff Dwayne D Daniels. (pj) (Entered: 11/10/2015)
2015-11-1836REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint ; MEMORANDUM OF POINTS AND AUTHORITIES 31 filed by Defendant Internal Revenue Service. (Attachments: # 1 Supplemental Declaration of Jennifer Perez, # 2 Exhibit A, # 3 Response to Statement of Genuine Disputes)(Ho, Stephen) (Entered: 11/18/2015)
2015-11-3037MINUTES TELEPHONIC HEARING RE: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT 31 held before Judge George H. Wu: The Court's Tentative Ruling is circulated and attached hereto. Court hears oral argument. Plaintiff will have until December 4, 2015 to provide to Defendant, by way of email, the documents that have notbeen produced. The request will not exceed three documents. Defendant will respond by email no later than December 11, 2015. Disagreements will be jointly filed by December 17, 2015. Defendant's Motion is continued to December 21, 2015 at 8:30 a.m. Court Reporter: Katie Thibodeaux. (cr) (Entered: 12/01/2015)
2015-12-1738STATUS REPORT re: 11/30/15 Tentative Ruling filed by Defendant Internal Revenue Service. (Attachments: # 1 Exhibit A - Plaintiff's Statement of Remaining Issues, # 2 Exhibit B- Defendant's Responses)(Ho, Stephen) (Entered: 12/17/2015)
2015-12-1739SUPPLEMENT to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint ; MEMORANDUM OF POINTS AND AUTHORITIES 31 ; Defendant's Response to Court's 11/30/15 Tentative Ruling filed by Defendant Internal Revenue Service. (Attachments: # 1 Exhibit A - Second Supplemental Declaration of Jennifer Perez)(Ho, Stephen) (Entered: 12/17/2015)
2015-12-2140MINUTES OF TELEPHONIC HEARING RE: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT 31 held before Judge George H. Wu: Court and counsel confer. For reasons stated on the record, Defendant IRSs motion is continued to January 28, 2016 at 8:30 a.m. Parties will file a status report by noon on January 25, 2016. Court Reporter: Katie Thibodeaux. (cr) (Entered: 12/22/2015)
2016-01-2541STATUS REPORT re: 12/21/15 Order and 11/30/15 Tentative Ruling filed by Defendant Internal Revenue Service. (Attachments: # 1 Exhibit A - Defendant's Statement, # 2 Exhibit A2 - Third Supplemental Declaration of Jennifer Perez, # 3 Exhibit A3 - Supplemental Declaration of Rachel Gregory, # 4 Exhibit A4 - Disposition Authority)(Ho, Stephen) (Entered: 01/25/2016)
2016-01-2842MINUTES of Motion Hearing held before Judge George H. Wu: The Court continues Defendant IRS's Motion to 2/4/2016 at 08:30 AM before Judge George H. Wu. Plaintiff is ordered to be present. Telephonic appearances are allowed provided that notice is given to the clerk two business days prior to the hearing. Court Reporter: Sheri Kleeger. (mg) (Entered: 01/29/2016)
2016-02-0443MINUTES OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT 31 held before Judge George H. Wu: The Court confers with parties. Both sides inform the Court that the above-matter has been resolved. Based on the representation of parties and for reasons stated on the record, this action is DISMISSED. Court Reporter: Katie Thibodeaux. (cr) (Entered: 02/05/2016)
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