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Case TitleSolers, Inc. v. Internal Revenue Service
DistrictEastern District of Virginia
CityAlexandria
Case Number1:2014cv01548
Date Filed2014-11-17
Date Closed2015-05-15
JudgeDistrict Judge Leonie M. Brinkema
PlaintiffSolers, Inc.
Case DescriptionSolers, Inc., an information technology solutions provider for the federal and commercial sector, submitted a FOIA request to the IRS for documents related to its tax liability and potential assessed penalties. The agency responded by withholding 32 pages in full and 26 pages in part under Exemption 7(A) (ongoing investigation or proceeding), Exemption 3 (other statutes), and Exemption 5 (privileges). Solers, Inc. appealed the decision and the agency upheld its denial. Solers, Inc. then filed suit.
Complaint issues: Exemption 7(A) - Interference with ongoing investigation, Exemption 3, Exemption 5 - Privileges, Litigation - Attorney's fees

DefendantInternal Revenue Service
AppealFourth Circuit 15-1608
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-11-171COMPLAINT against Internal Revenue Service (Filing fee $ 400, receipt number 14683047685) filed by Solers, Inc. (Attachments: # 1 Civil Cover Sheet, # 2 Letter, # 3 Receipt)(jlan) (Entered: 11/19/2014)
2014-11-172Summons Issued to be served by certified mail as to Internal Revenue Service, U.S. Attorney and U.S. Attorney General (jlan) (Entered: 11/19/2014)
2014-11-213Financial Interest Disclosure Statement (Local Rule 7.1) by Solers, Inc.. (Tadros, Mariam) (Entered: 11/21/2014)
2014-11-214NOTICE of Appearance by Mariam Wagih Tadros on behalf of Solers, Inc. (Tadros, Mariam) (Entered: 11/21/2014)
2014-12-085AFFIDAVIT by Solers, Inc.. (Attachments: # 1 Affidavit)(Tadros, Mariam) (Entered: 12/08/2014)
2014-12-196ANSWER to 1 Complaint by Internal Revenue Service.(Sher, R.) (Entered: 12/19/2014)
2014-12-197Motion to appear Pro Hac Vice by Kavitha Bondada and Certification of Local Counsel R. Joseph Sher, AUSA by Internal Revenue Service. (Sher, R.) (Entered: 12/19/2014)
2014-12-238SCHEDULING ORDER: Initial Pretrial Conference set for 1/14/2015 at 11:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. Final Pretrial Conference set for 5/21/2015 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. Discovery due by 5/15/2015. Signed by District Judge Leonie M. Brinkema on 12/23/2014. (Attachments: # 1 Magistrate Consent, # 2 Pretrial Notice)(rban, ) (Entered: 12/23/2014)
2014-12-239ORDER granting 7 Motion for Pro hac vice. Signed by District Judge Leonie M. Brinkema on 12/23/2014. (rban, ) (Entered: 12/23/2014)
2015-01-0710Discovery Plan by Solers, Inc..(Tadros, Mariam) (Entered: 01/07/2015)
2015-01-0911Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that - 1. The Joint Discovery Plan filed by the parties is approved in part and shall control discovery to the extent of its application unless further modified by the court. 2. Recognizing that this matter involves an alleged violation of the Freedom of Information Act, 5 U. S. C. sec 552 et seq, this matter should be resolved through motions for summary judgment. SEE ORDER FOR MORE DETAILS. Signed by Magistrate Judge John F. Anderson on 01/09/2015. (nbla, ) (Entered: 01/09/2015)
2015-01-2312MOTION by Solers, Inc.. (Attachments: # 1 Memorandum, # 2 Exhibit, # 3 Proposed Order)(Tadros, Mariam) (Entered: 01/23/2015)
2015-01-2313Notice of Hearing Date set for February 13, 2015 re 12 MOTION (Tadros, Mariam) (Entered: 01/23/2015)
2015-01-26Set Deadlines as to 12 MOTION . Motion Hearing set for 2/13/2015 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. (clar, ) (Entered: 01/26/2015)
2015-01-26Notice of Correction re 12 MOTION The filing user has been notified to file the document separately for each motion relief in the future. (clar, ) (Entered: 01/26/2015)
2015-01-30Reset Deadlines as to 12 MOTION . Motion Hearing set for 2/13/2015 at 10:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. (clar, ) (Entered: 01/30/2015)
2015-01-30MOTIONS REFERRED to Magistrate Judge: Anderson. 12 MOTION (clar, ) (Entered: 01/30/2015)
2015-02-0614Memorandum in Opposition re 12 MOTION filed by Internal Revenue Service. (Attachments: # 1 Proposed Order)(Sher, R.) (Entered: 02/06/2015)
2015-02-0915RESPONSE in Support re 12 MOTION filed by Solers, Inc.. (Tadros, Mariam) (Entered: 02/09/2015)
2015-02-1316Minute Entry for proceedings held before Magistrate Judge John F. Anderson:Motion Hearing held on 2/13/2015 :re 12 MOTION to obtain Vaughn Index filed by Solers, Inc.. Appearances; of counsel. The motion is ARGUED and GRANTED in PART. ORDER TO FOLLOW. (Tape #ftr.)(nbla, ) (Entered: 02/13/2015)
2015-02-1317ORDER granting -in Part 12 Motion - ORDERED that plaintiff's Motion to Obtain Vaughn is granted in part. For each and every document withheld and redaction, defendant is directed to provide all information required in a Vaughn Index along with their motion for summary judgment, Which will be due on or before March 2, 2015. Signed by Magistrate Judge John F. Anderson on 02/13/2015. (nbla, ) (Entered: 02/13/2015)
2015-02-2618TRANSCRIPT of proceedings held on 2/13/2015, before Judge John F. Anderson, Transcriber Anneliese Thomson, Telephone number 703-299-8595. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 3/30/2015. Redacted Transcript Deadline set for 4/28/2015. Release of Transcript Restriction set for 5/27/2015.(thomson, anneliese) (Entered: 02/26/2015)
2015-03-0219MOTION for Summary Judgment by Internal Revenue Service. (Attachments: # 1 Affidavit Dorsey Declaration, # 2 Affidavit Maher Declaration, # 3 Exhibit FOIA Request, # 4 Exhibit Letter Response, # 5 Exhibit Plaintiff's Appeal Letter, # 6 Exhibit Letter Denying Appeal, # 7 Affidavit Armstrong Declaration, # 8 Appendix Statement of Undisputed Facts, # 9 Proposed Order)(Sher, R.) (Entered: 03/02/2015)
2015-03-0220Memorandum in Support re 19 MOTION for Summary Judgment filed by Internal Revenue Service. (Sher, R.) (Entered: 03/02/2015)
2015-03-2421Notice of Hearing Date re 19 MOTION for Summary Judgment (Sher, R.) (Entered: 03/24/2015)
2015-03-25Set Deadlines as to 19 MOTION for Summary Judgment . Motion Hearing set for 5/15/2015 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. (clar, ) (Entered: 03/25/2015)
2015-04-0122MOTION for Summary Judgment by Solers, Inc.. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Tadros, Mariam) (Entered: 04/01/2015)
2015-04-0123Memorandum in Support re 22 MOTION for Summary Judgment filed by Solers, Inc.. (Tadros, Mariam) (Entered: 04/01/2015)
2015-04-2124REPLY to Response to Motion re 19 MOTION for Summary Judgment filed by Internal Revenue Service. (Attachments: # 1 Affidavit Maher Supplemental Declaration, # 2 Response to Solers' Statement of Material Facts)(Sher, R.) (Entered: 04/21/2015)
2015-04-2825REPLY to Response to Motion re 22 MOTION for Summary Judgment filed by Solers, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit)(Tadros, Mariam) (Entered: 04/28/2015)
2015-04-2826REPLY to Response to Motion re 22 MOTION for Summary Judgment filed by Solers, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit)(Tadros, Mariam) (Entered: 04/28/2015)
2015-05-0627ORDERED that the final pretrial conference will be held on Wednesday, May 27, 2015 at 10:00 a.m. Signed by District Judge Leonie M. Brinkema on 05/06/2015. (jlan) (Entered: 05/06/2015)
2015-05-06Reset Hearings: Final Pretrial Conference set for 5/27/2015 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. (jlan) (Entered: 05/06/2015)
2015-05-0828ORDER: To ensure the completeness of the record, it is hereby ORDERED that the defendant promptly file under seal for in camera review unredacted copies of the twelve withheld pages which are the subject of this action. Signed by District Judge Leonie M. Brinkema on 5/8/15. (yguy) (Entered: 05/08/2015)
2015-05-1129NOTICE by Internal Revenue Service re 28 Order, of In Camera Ex Parte Submission (Sher, R.) (Entered: 05/11/2015)
2015-05-1531Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 5/15/2015. Appearance of counsel. Pltf's 22 MOTION for Summary Judgment is argued and DENIED. Deft's 19 MOTION for Summary Judgment is argued and GRANTED. (order to follow) (Court Reporter A. Thomson.)(yguy) (Entered: 05/15/2015)
2015-05-1532ORDER: For the reasons stated in open court, plaintiffs Motion for Summary Judgment [Dkt. No. 22] is DENIED, defendant's Motion for Summary Judgment [Dkt. No. 19] is GRANTED, and it is hereby ORDERED that judgment be and is entered in favor of the defendant. Signed by District Judge Leonie M. Brinkema on 5/15/15. (yguy) (Entered: 05/15/2015)
2015-05-1533CLERK'S JUDGMENT: Judgment in favor of the defendant Internal Revenue Service. (yguy) (Entered: 05/15/2015)
2015-05-1934TRANSCRIPT of proceedings held on 5/15/2015, before Judge Leonie M. Brinkema, Court Reporter Anneliese Thomson, Telephone number 703-299-8595. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 6/18/2015. Redacted Transcript Deadline set for 7/20/2015. Release of Transcript Restriction set for 8/17/2015.(thomson, anneliese) (Entered: 05/19/2015)
2015-06-0235NOTICE OF APPEAL by Solers, Inc.. Filing fee $ 505, receipt number 0422-4478668. (Tadros, Mariam) (Entered: 06/02/2015)
2015-06-0536Transmission of Notice of Appeal to US Court of Appeals re 35 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (jlan) (Entered: 06/05/2015)
2015-06-0837USCA Case Number 15-1608 4th Circuit, Case Manager B. Rowe for 35 Notice of Appeal filed by Solers, Inc. (rban, ) (Entered: 06/08/2015)
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