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Case TitlePowell v. Internal Revenue Service
DistrictEastern District of Michigan
CityDetroit
Case Number2:2015cv11616
Date Filed2015-05-05
Date Closed2016-09-30
JudgeDistrict Judge Paul D. Borman
PlaintiffWilliam E. Powell [E-Filer]
Case DescriptionWilliam Powell, a beneficiary and heir of the Estate of William A. Powell and Powell Printing Company, submitted a FOIA request to the IRS for tax records of Powell Printing Company. After the agency failed to provide a response, Powell filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantInternal Revenue Service
Documents
Docket
Complaint
Opinion/Order [15]
Opinion/Order [21]
Opinion/Order [26]
Opinion/Order [42]
FOIA Project Annotation: A federal court in Michigan has ruled that it is unnecessary to decide if William Powell's motion to amend his complaint against the IRS was filed before the 20-day time limit had expired since the agency has shown that it conducted an adequate search for Powell's request for specified IRS documents concerning Powell Printing Company.
Issues: Adequacy - Search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-05-051COMPLAINT filed by William E. Powell against Internal Revenue Service. (DPer) (Entered: 05/05/2015)
2015-05-052APPLICATION to proceed without prepaying fees or costs by William E. Powell. (DPer) (Entered: 05/05/2015)
2015-05-053Request for service by the United States Marshal of the initiating document by William E. Powell. (DPer) (Entered: 05/05/2015)
2015-05-084Pro Se Application for E-filing submitted by William E. Powell (KCla) (Entered: 05/08/2015)
2015-05-08Pro Se E-filing Account Created for William E. Powell [E-Filer]. (KCla) (Entered: 05/08/2015)
2015-05-115Notice Regarding Parties' Responsibility to Notify Court of Address Changes (KKra) (Entered: 05/11/2015)
2015-05-116ORDER granting 2 Application to Proceed Without Prepaying Fees or Costs. Signed by District Judge Mark A. Goldsmith. (JCur) (Entered: 05/11/2015)
2015-05-117ORDER Granting Request for Service of Process by the US Marshal without prepayment 3 . Signed by District Judge Mark A. Goldsmith. (JCur) (Entered: 05/11/2015)
2015-05-128SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (TMcg) (Entered: 05/12/2015)
2015-05-129SUMMONS Issued for *Internal Revenue Service* (TMcg) (Entered: 05/12/2015)
2015-05-1310ACKNOWLEDGMENT from U.S. Marshal Service of Receipt of Service of Process Documents. (DPer) (Entered: 05/13/2015)
2015-05-1811ORDER REASSIGNING CASE from District Judge Mark A. Goldsmith and Magistrate Judge Mona K. Majzoub to District Judge Paul D. Borman and Magistrate Judge Anthony P. Patti. (SSch) (Entered: 05/18/2015)
2015-07-0612MOTION for Leave to File AMENDED COMPLAINT by William E. Powell [E-Filer]. (Attachments: # 1 Document Continuation, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Powell [E-Filer], William) (Entered: 07/06/2015)
2015-07-0616AMENDED COMPLAINT filed by William E. Powell [E-Filer] against Internal Revenue Service. (MWil) (Entered: 09/11/2015)
2015-08-1913ORDER Referring Pretrial Matters to Magistrate Judge Anthony P. Patti Including 12 Motion for Leave to File. Signed by District Judge Paul D. Borman. (DTof) (Entered: 08/19/2015)
2015-08-2614NOTICE OF HEARING on Plaintiff's 12 MOTION for Leave to File AMENDED COMPLAINT . Motion Hearing set for 9/3/2015 04:00 PM before Magistrate Judge Anthony P. Patti (MWil) (Entered: 08/26/2015)
2015-09-03Minute Entry for proceedings before Magistrate Judge Anthony P. Patti: Motion Hearing held on 9/3/2015 re: 12 MOTION for Leave to File AMENDED COMPLAINT filed by William E. Powell [E-Filer] Disposition: Motion Granted. Order to Follow.(Court Reporter Digitally Recorded) (MWil) (Entered: 09/04/2015)
2015-09-0815ORDER GRANTING Plaintiff's Unopposed Motion 12 MOTION for Leave to File AMENDED COMPLAINT filed by William E. Powell [E-Filer]., ( Defendant's Answer due by 9/24/2015 )-Signed by Magistrate Judge Anthony P. Patti. (MWil) Modified on 9/8/2015 (MWil). (Entered: 09/08/2015)
2015-09-2417ANSWER to Amended Complaint with Affirmative Defenses by Internal Revenue Service. (Hunsader, Joseph) (Entered: 09/24/2015)
2015-09-2818RESPONSE to 17 Answer to Amended Complaint RESPONSE by William E. Powell [E-Filer]. (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Document Continuation, # 7 Exhibit) (Powell [E-Filer], William) (Entered: 09/28/2015)
2015-09-2819MOTION for Order CONFER AND MEET by William E. Powell [E-Filer]. (Attachments: # 1 Exhibit POWER OF ATTORNEY) (Powell [E-Filer], William) (Entered: 09/28/2015)
2015-10-0520RESPONSE to 18 Response (Free), Additional information to response to defendants answer by William E. Powell [E-Filer]. (Attachments: # 1 Exhibit) (Powell [E-Filer], William) (Entered: 10/05/2015)
2015-10-2821ORDER CONSTRUING AND GRANTING PLAINTIFF'S 19 MOTION for Order CONFER AND MEET filed by William E. Powell [E-Filer]., ( Proposed plan shall be filed by 11/10/2015 )--Signed by Magistrate Judge Anthony P. Patti. (MWil) (Entered: 10/28/2015)
2015-11-1022Joint Scheduling and Discovery REPORT by Plaintiff and by the IRS by Internal Revenue Service (Hunsader, Joseph) (Entered: 11/10/2015)
2015-11-1223ORDER SETTING CASE MANAGEMENT DEADLINES: Dispositive Motion Cut-off set for 2/15/2016 Signed by Magistrate Judge Anthony P. Patti. (Refer to image for additional dates) (MWil) (Entered: 11/12/2015)
2015-11-1724MOTION VAUGHN INDEX by William E. Powell [E-Filer]. (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Powell [E-Filer], William) (Entered: 11/17/2015)
2015-11-1725MOTION VAUGHN INDEX Corrected and Revised by William E. Powell [E-Filer]. (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Powell [E-Filer], William) (Entered: 11/17/2015)
2015-12-0826ORDER DENYING Plaintiff's 25 Motion for Vaughn Index--Signed by Magistrate Judge Anthony P. Patti. (MWil) (Entered: 12/08/2015)
2016-02-0127MOTION TO EXTEND Motion to file summary judgment re 23 Scheduling Order by Internal Revenue Service. (Hunsader, Joseph) (Entered: 02/01/2016)
2016-02-0328ORDER GRANTING Defendant's 27 MOTION TO EXTEND Motion to file summary judgment re 23 Scheduling Order filed by Internal Revenue Service., ( Dispositive Motion Cut-off extended to 2/17/2016 )--Signed by Magistrate Judge Anthony P. Patti. (MWil) (Entered: 02/03/2016)
2016-02-1729MOTION to Dismiss for lack of jurisdiction and/or partial summary judgment by Internal Revenue Service. (Attachments: # 1 Exhibit Amparano Declaration (unsigned), # 2 Exhibit Brown Declaration (unisgned)) (Hunsader, Joseph) (Entered: 02/17/2016)
2016-02-1830SUPPLEMENTAL BRIEF re 29 MOTION to Dismiss for lack of jurisdiction and/or partial summary judgment Signed Declarations filed by Internal Revenue Service. (Attachments: # 1 Document Continuation Signed Declarations of Both Brinda Brown and Athena Amparano (both filed unsigned on Feb. 17, 2016) in support of motion to dismiss and/or for partial summary judgment) (Hunsader, Joseph) (Entered: 02/18/2016)
2016-02-2331RESPONSE to 29 MOTION to Dismiss for lack of jurisdiction and/or partial summary judgment PLAINTIFF RESPONSE TO DEFENDANTS MOTION TO DISMISS AND PARTIAL SUMMARY JUDGEMENT filed by William E. Powell [E-Filer]. (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Document Continuation, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Document Continuation, # 22 Exhibit) (Powell [E-Filer], William) (Entered: 02/23/2016)
2016-02-2632REPLY to Response re 29 MOTION to Dismiss for lack of jurisdiction and/or partial summary judgment filed by Internal Revenue Service. (Hunsader, Joseph) (Entered: 02/26/2016)
2016-02-2633NOTICE by Internal Revenue Service of unavailability of counsel from Feb. 29 to March 4 (Hunsader, Joseph) (Entered: 02/26/2016)
2016-03-0134RESPONSE to 32 Reply to Response to Motion by William E. Powell [E-Filer]. (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Powell [E-Filer], William) (Entered: 03/01/2016)
2016-03-1035ORDER to Strike 34 Response (Free) filed by William E. Powell [E-Filer]. Signed by Magistrate Judge Anthony P. Patti. (SOso) (Entered: 03/11/2016)
2016-03-1136REPORT AND RECOMMENDATION re 29 MOTION to Dismiss for lack of jurisdiction and/or partial summary judgment filed by Internal Revenue Service. Signed by Magistrate Judge Anthony P. Patti. (ATee) (Entered: 03/11/2016)
2016-03-2437OBJECTION to 36 Report and Recommendation by William E. Powell [E-Filer]. (Attachments: # 1 Index of Exhibits, # 2 Exhibit) (Powell [E-Filer], William) (Entered: 03/24/2016)
2016-04-0538MOTION for Extension of Time to File Response/Reply as to 37 Objection to Report and Recommendation by Internal Revenue Service. (Hunsader, Joseph) (Entered: 04/05/2016)
2016-04-1139ORDER Granting Defendant's 38 MOTION to Extend Time Response due by 4/15/2016 ). Signed by District Judge Paul D. Borman. (JOwe) (Entered: 04/11/2016)
2016-04-1540RESPONSE to 36 REPORT AND RECOMMENDATION re 29 MOTION to Dismiss for lack of jurisdiction and/or partial summary judgment filed by Internal Revenue Service IRS response to Plaintiff's Objections 37 to Magistrate Judge's Report and Recommendation 36 filed by Internal Revenue Service. (Hunsader, Joseph) (Entered: 04/15/2016)
2016-04-2541NOTICE by William E. Powell [E-Filer] Amened Complaint Docket 16 (Powell [E-Filer], William) (Entered: 04/25/2016)
2016-09-3042OPINION AND ORDER Adopting 36 Report and Recommendation, Granting 29 Motion to Dismiss filed by Internal Revenue Service. Signed by District Judge Paul D. Borman. (DTof) (Entered: 09/30/2016)
2016-09-3043JUDGMENT - Signed by District Judge Paul D. Borman. (DTof) (Entered: 09/30/2016)
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by FOIA Project Staff
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