Case Detail

FOIA Project Annotation: A federal court in Pennsylvania has ruled that Troy Beam failed to exhaust his administrative remedies for his request for records concerning the IRS's criminal investigation of him. Beam submitted a request in October 2013 for records pertaining to the agency's investigation. The agency responded in March 2014 by disclosing 21 pages of records and withholding other records. In June 2014, Beam submitted a second FOIA request, admitting that the requests were identical but characterizing the second request as an appeal of his first request. The agency declined to process the second request because it had already provided Beam with all responsive records. Beam then filed suit. The IRS argued that Beam's June 2014 request was merely an untimely attempt to appeal the denial of his original request. The court agreed, noting that "Beam conceded in his June 4, 2014 petition that his requests were indistinguishable and that, due to changed circumstances, he 'wished to appeal the IRS's decision regarding' the records he sought in his October 10, 2013 request. It is abundantly clear that Beam's second submission (1) failed to comply with the thirty-five day time limit for appeals established by IRS regulations, and (2) did not constitute a separate and distinct FOIA request."
Issues: Litigation - Jurisdiction - Failure to Exhaust

Date Filed	Doc #	Docket Text
2014-08-29	1	COMPLAINT against Internal Revenue Service ( Filing fee $400, Receipt Number 0314-3205812), filed by Troy Beam. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit(s) A, # 3 B, # 4 C, # 5 D, # 6 E)(aaa) (Additional attachment(s) added on 9/5/2014: # 7 Main Doc, # 8 Cv Cover Sheet, # 9 Exs) (aaa). (Entered: 08/29/2014)
2014-08-29	2	Summons Issued as to Internal Revenue Service and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: # 1 Summons Packet) (aaa) (Entered: 08/29/2014)
2014-08-29	3	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Robert G Bernhoft on behalf of Troy Beam Attorney Robert Bernhoft is seeking special admission. Filing fee $ 50, receipt number 0314-3205981.. (Bernhoft, Robert) (Entered: 08/29/2014)
2014-09-02	4	ORDER - Letter to Counsel from Court Re: Case Assignment and Procedures. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 9/2/14. (ki) (Entered: 09/02/2014)
2014-09-02	5	SPECIAL ADMISSIONS FORM APPROVED as to Robert G. Bernhoft, Esquire. (ORIGINAL: SCR Registry)Signed by Chief Judge Christopher C. Conner on 9/2/14. (ki) (Entered: 09/02/2014)
2014-09-02		DOCKET ANNOTATION: Timothy Polishan is active with the PA state bar and Robert Bernhoft is active with the Wisconsin state bar. (lh) (Entered: 09/02/2014)
2014-10-09	6	ANSWER to 1 Complaint, by Internal Revenue Service.(Nash, Ann) (Entered: 10/09/2014)
2014-10-30	7	ORDER: The parties shall file any and all cross-motions for summary judgment on or before 3/31/15. Signed by Chief Judge Christopher C. Conner on 10/30/14. (ma) (Entered: 10/30/2014)
2015-02-04	9	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Kavitha Bondada on behalf of UNITED STATES OF AMERICA Attorney Kavitha Bondada is seeking special admission.. (Bondada, Kavitha) (Entered: 02/04/2015)
2015-02-04	10	NOTICE of Appearance by Kavitha Bondada on behalf of UNITED STATES OF AMERICA (Bondada, Kavitha) (Entered: 02/04/2015)
2015-02-04		DOCKET ANNOTATION: Petitioning counsel is active with the Texas state bar. (lh) Modified on 3/30/2015 (lh). (Entered: 02/04/2015)
2015-02-04	11	SPECIAL ADMISSIONS FORM APPROVED as to Kavitha Bodada (eo) (Entered: 02/04/2015)
2015-02-11	12	MOTION to Withdraw as Attorney by Troy Beam. (Attachments: # 1 Certificate of Consultation - Unable to Obtain Position, # 2 Declaration of Robert G. Bernhoft, # 3 Proposed Order)(Bernhoft, Robert) (Entered: 02/11/2015)
2015-02-11	13	BRIEF IN SUPPORT re 12 MOTION to Withdraw as Attorney filed by Troy Beam.(Bernhoft, Robert) (Entered: 02/11/2015)
2015-02-13	14	ORDER re: motion to w/draw as cnsl by Attys Bernhoft and Polishan 12 - It is hereby ORDERED that: 1. Beam may oppose motion by filing written obj w/ Clrk of Ct, outlining why he believes cnsl should not be released w/in 30 days of svc of this order.; 2. Deft IRS may oppose the motion in same manner & w/in same time period described in Para 1. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 2/13/15. (ki) (Entered: 02/13/2015)
2015-02-27	15	REPLY BRIEF re 12 MOTION to Withdraw as Attorney filed by Internal Revenue Service.(Bondada, Kavitha) (Entered: 02/27/2015)
2015-03-30	16	MOTION to Modify Briefing Schedule by Internal Revenue Service. (Attachments: # 1 Proposed Order)(Bondada, Kavitha) (Entered: 03/30/2015)
2015-03-30	17	ORDER granting defts' motion to modify briefing schedule 16 - deft's dispositive motin is due by 4/30/15. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 3/30/15. (ki) (Entered: 03/30/2015)
2015-04-30	18	MOTION to Dismiss by Internal Revenue Service. (Attachments: # 1 Memorandum in Support, # 2 Exhibit(s) 1, # 3 Exhibit(s) 1-1, # 4 Exhibit(s) 2, # 5 Exhibit(s) 3, # 6 Exhibit(s) 4, # 7 Exhibit(s) 5, # 8 Exhibit(s) 6, # 9 Proposed Order)(Bondada, Kavitha) (Entered: 04/30/2015)
2015-05-05		DOCKET ANNOTATION: Counsel is advised to file the Brief in Support to Doc. 18 as a separate entry. (vy) (Entered: 05/05/2015)
2015-05-05	19	BRIEF IN SUPPORT re 18 MOTION to Dismiss filed by Internal Revenue Service.(Bondada, Kavitha) (Entered: 05/05/2015)
2015-05-06	20	ORDER re: motion to w/draw as cnsl by Attys Bernhoft & Polishan - It is hereby ORDERED that: 1. Motion 12 GRANTED subject to following condition - Attys Bernhoft & Polishan shall cause to be served upon Beam a copy of this order & shall thereafter file certificate of service w/ ct - cnsl's w/drawal shall be effective upon said filing. ; 2. Pltf Beam shall be granted 30 days from date of this order to secure new cnsl or respond to deft's pending MTD 18 .; 3. Pltf's failure to comply w/ preceding paragraph will be deemed abandonment of this action. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 5/6/15. (ki) (Entered: 05/06/2015)
2015-05-06	21	CERTIFICATE of by Troy Beam re 20 Order,, Certificate of Service . (Bernhoft, Robert) (Entered: 05/06/2015)
2015-05-20	22	BRIEF IN OPPOSITION re 18 MOTION to Dismiss filed by Troy Beam.(aaa) (Entered: 05/20/2015)
2015-06-02	23	REPLY BRIEF re 18 MOTION to Dismiss filed by Internal Revenue Service.(Bondada, Kavitha) (Entered: 06/02/2015)
2015-07-24	24	MEMORANDUM (Order to follow as separate docket entry) re: 18 MOTION to Dismiss filed by Internal Revenue Service. (See memo for complete details.) Signed by Chief Judge Christopher C. Conner on 7/24/15. (ki) (Entered: 07/24/2015)
2015-07-24	25	ORDER (Memorandum 24 filed previously as separate docket entry) GRANTING deft's motion to dismiss 18 , DISMISSING pltf's complaint 1 with prejudice, & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 7/24/15. (ki) (Entered: 07/24/2015)
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