| Date Filed | Doc # | Docket Text |
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| 2015-10-22 | 1 | COMPLAINT filed by Robert N. Greenberger. ( Filing fee $ 400.00 receipt number 113E-6108875.) (Attachments: # 1 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 10/22/2015) |
| 2015-10-22 | 2 | Electronic Summons Issued as to Internal Revenue Service, U. S. attorney's Office and U. S. Attorney General. (Attachments: # 1 U. S. Attorney General, # 2 U.S. Attorney's Office)(eop) (Entered: 10/22/2015) |
| 2015-10-27 | 3 | Guidelines to Parties and Counsel Proceeding Before the Honorable Amy Totenberg. Signed by Judge Amy Totenberg on 10/27/2015. (jtj) (Entered: 10/27/2015) |
| 2015-11-04 | 4 | AMENDED COMPLAINT for Injunctive Relief against Robert N. Greenberger, filed by Robert N. Greenberger. (Attachments: # 1 Exhibit A)(Aughtry, David) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 11/04/2015) |
| 2015-12-04 | 5 | MOTION for Extension of Time to File a Responsive Pleading re: 4 Amended Complaint, with Brief In Support by Internal Revenue Service. (Attachments: # 1 Text of Proposed Order)(Carter, Kieran) (Entered: 12/04/2015) |
| 2015-12-07 | | Submission of 5 MOTION for Extension of Time to File Answer, submitted to District Judge Amy Totenberg. (jtj) (Entered: 12/07/2015) |
| 2015-12-07 | 6 | ORDER DIRECTING the parties to confer by December 10, 2015 to discuss whether or not Plaintiff consents to the IRS's requested extension. The Parties are further DIRECTED to file on the docket a joint notice by December 10, 2015 indicating whether they have reached an agreement on an extension for the IRS, or whether this matter will need to be briefed. Signed by Judge Amy Totenberg on 12/07/2015. (jtj) (Entered: 12/07/2015) |
| 2015-12-10 | 7 | JOINT NOTICE re 6 Order, by Robert N. Greenberger. (Aughtry, David) (Entered: 12/10/2015) |
| 2015-12-11 | 8 | RESPONSE in Opposition re 5 MOTION for Extension of Time to File Answer filed by Robert N. Greenberger. (Aughtry, David) (Entered: 12/11/2015) |
| 2015-12-28 | 9 | REPLY to Response to Motion re 5 MOTION for Extension of Time to File Answer filed by Internal Revenue Service. (Carter, Kieran) (Entered: 12/28/2015) |
| 2015-12-31 | 10 | ORDER GRANTING 5 Motion for Extension of Time to Answer Complaint to the extent that Defendant SHALL file their response to Plaintiff's Complaint by January 13, 2016. If Plaintiff still seeks expedited consideration of this matter, he should file a Motion to Expedite, supported by affidavit and other evidence sufficient to meet the good cause requirements of 28 U.S.C. § 1657(a). That motion, if filed, should include proposed timelines for discovery and dispositive motions. Signed by Judge Amy Totenberg on 12/31/2015. (jtj) (Entered: 12/31/2015) |
| 2016-01-06 | 11 | MOTION to Expedite Proceedings and Issue a Scheduling Order with Brief In Support by Robert N. Greenberger. (Attachments: # 1 Brief Memorandum in Support of Plaintiff's Motion to Expedite, # 2 Affidavit Declaration by William E. Buchanan, # 3 Affidavit Declaration by Robert N. Greenberger)(Aughtry, David) (Entered: 01/06/2016) |
| 2016-01-06 | 12 | Return of Service Executed by Robert N. Greenberger. Commissioner of Internal Service served on 11/02/2015. Answer due date is 1/01/2016. (Aughtry, David) Modified on 1/7/2016 to reflect e-filed document. (jtj) (Entered: 01/06/2016) |
| 2016-01-06 | 13 | AFFIDAVIT of Service for Proof of Service , as to Office of the Attorney General. (Aughtry, David) (Entered: 01/06/2016) |
| 2016-01-06 | 14 | AFFIDAVIT of Service for Proof of Service , as to United States Attorney's Office Northern District of Georgia. (Aughtry, David) (Entered: 01/06/2016) |
| 2016-01-08 | 15 | ORDER DENYING WITHOUT PREJUDICE 11 Motion to Expedite, subject to the provisions of this Order setting expedited timelines for disclosures and submission of the JPRDP. The Court will address timelines for summary judgment or trial after reviewing the IRS's answer and the parties' forthcoming scheduling submissions. The Court DIRECTS the parties to submit their initial disclosures and engage in their Rule 26(f) Pretrial Conference by Friday, January 22, 2016. The Parties shall, at this conference, meet and confer in an attempt to reach a mutually agreeable discovery and summary judgment briefing schedule and submit the proposed schedule, to be included in their Joint Preliminary Report and Discovery Plan, to the Court by no later than January 29, 2016. If the Parties are unable to agree upon such a schedule, they shall each submit a separate proposed schedule for the handling of this case with an accompanying brief supporting their position of no more than 7 pages by January 29, 2016, and submit their JPRDP under separate cover. Signed by Judge Amy Totenberg on 1/08/2016. (jtj) (Entered: 01/08/2016) |
| 2016-01-13 | 16 | ANSWER to 4 AMENDED COMPLAINT by Internal Revenue Service. Discovery ends on 6/13/2016.(Carter, Kieran) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 1/13/2016 to correct linkage to correct complaint per attorney (ryc). (Entered: 01/13/2016) |
| 2016-01-22 | 17 | Initial Disclosures by Robert N. Greenberger.(Aughtry, David) (Entered: 01/22/2016) |
| 2016-01-29 | 18 | JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Robert N. Greenberger. (Aughtry, David) (Entered: 01/29/2016) |
| 2016-02-01 | | Submission of 18 Joint Preliminary Report and Discovery Plan, submitted to District Judge Amy Totenberg. (jtj) (Entered: 02/01/2016) |
| 2016-02-10 | 20 | Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Conference held on 2/10/2016. Discussion was had regarding issues raised in the parties' 18 Joint Preliminary Report and Discovery Plan. By Friday, February 19, 2016, Defendant is to update the Court via letter as to how long it will take to prepare a list of the documents it has (including the ones which Plaintiff produced and did not produce). The Court approved a 4 month time frame for Defendant to produce the documents/files. (Court Reporter Debra Bull)(jtj) (Entered: 02/11/2016) |
| 2016-02-11 | 19 | CERTIFICATE OF SERVICE filed by Internal Revenue Service (Carter, Kieran) (Entered: 02/11/2016) |
| 2016-02-19 | 21 | RESPONSE re 20 Telephone Conference, filed by Internal Revenue Service. (Carter, Kieran) (Entered: 02/19/2016) |
| 2016-03-17 | 22 | ORDER. The IRS is DIRECTED to produce a list of general categories of documents and a list of the tax returns prepared by Mr. Greenberger in its possession by Tuesday, May 31, 2016. The Court makes no finding at this time that those returns should or will in any way impact its decision on the Report and Recommendation (R&R) before it; however, the Court will defer ruling on the R&R until after the above date. The Parties are DIRECTED to submit a revised proposed Joint Preliminary Report and Discovery Plan consistent with this Order and the Court's directions at the February 10, 2016 status conference. Signed by Judge Amy Totenberg on 3/17/2016. (jtj) (Entered: 03/17/2016) |
| 2016-05-24 | | NOTICE: The parties are hereby NOTIFIED that the Court has amended its Guidelines to Parties and Counsel in Cases Proceeding Before the Honorable Amy Totenberg and issued a new Standing Order that supersedes the Guidelines previously entered in this case. The Standing Order is posted on the Courts webpage located at: http://www.gand.uscourts.gov/case-prep-judge-totenberg. The parties are DIRECTED to review these Guidelines, paying special attention to the revisions to Sections II(b) Courtesy Copies of Documents, III(a) Motions for Temporary Restraining Orders or Preliminary Injunctive Relief, III(e) Discovery Disputes, III(f) Confidentiality Agreements, Protective Orders, and Motions to Seal, and III(j) Amended Complaints and Motions to Dismiss. Counsel and pro se parties are required to sign and file a Certificate of Compliance attached as an Appendix to the Standing Order. (acm) (Entered: 05/24/2016) |
| 2016-05-25 | 23 | CERTIFICATE OF COMPLIANCE by Internal Revenue Service re Notice (Other)5/24/16 (Carter, Kieran) Modified on 5/25/2016 to edit event text (bnw). (Entered: 05/25/2016) |
| 2016-05-25 | 24 | Request for Leave of Absence for the following date(s): 6/23/16 through 7/8/2016, by Kieran O. Carter. (Carter, Kieran) (Entered: 05/25/2016) |
| 2016-05-25 | 25 | PRELIMINARY REPORT AND DISCOVERY PLAN filed by Robert N. Greenberger. (Attachments: # 1 Brief in Support of Plaintiff's Revised Rule 26(F) Preliminary Report and Discovery Plan)(Aughtry, David) Modified on 5/25/2016 edit docket text to take out the word "joint" per attorney (ryc). (Entered: 05/25/2016) |
| 2016-05-25 | 26 | NOTICE Of Filing Certificate of Compliance to Court's Standing Order in Cases Proceeding Before the Honorable Amy Totenberg by Robert N. Greenberger (Aughtry, David) (Entered: 05/25/2016) |
| 2016-05-25 | 27 | JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Internal Revenue Service. (Attachments: # 1 Brief in Support, # 2 Certificate of Service)(Carter, Kieran) (Entered: 05/25/2016) |
| 2016-05-26 | | Submission of 27 Joint Preliminary Report and Discovery Plan and 25 Joint Preliminary Report and Discovery Plan to District Judge Amy Totenberg. (bnw) (Entered: 05/26/2016) |
| 2016-05-31 | 28 | CERTIFICATE OF SERVICE re 22 Order, Set Submission Deadline,,,, by Internal Revenue Service.(Carter, Kieran) (Entered: 05/31/2016) |
| 2016-06-08 | 30 | Minute Entry for proceedings held before Judge Amy Totenberg: Discovery Hearing held on 6/8/2016. Discussion was had regarding the IRS's production of documents and a Vaughn index to Plaintiff. The Court stated that the IRS had not complied with its prior order and is not prepared to comply with the June 16 deadline. The IRS proposed a new schedule for production. The Court ordered the IRS to produce the documents on a rolling basis, with the first installment due on July 6, 2016; the second installment due on August 3, 2016; the third installment due on August 31, 2016, and the fourth installment due on September 28, 2016. Any documents deemed essential should also be produced in installments as should any documents to the Court for in camera review. Defendant shall have to October 19, 2016, to file its motion for summary judgment; Plaintiff's response is due within 21 days of the filing of the motion; Defendant's reply is due within 10 days of the filing of Plaintiff's response; and Plaintiff's surreply is due within 10 days of the filing of Defendant's reply. Plaintiff is authorized to file the surreply. Defendant's initial brief on the motion for summary judgment and Plaintiff's response may each be 35 pages. Defendant's reply and Plaintiff's surreply shall not exceed 25 pages. Discussion was had regarding the related IRS summons action, civil action 1:15- cv-3532-AT, United States of America v. Greenberger. The Court will hold a future joint telephone conference in these two actions. (Court Reporter Shannon Welch)(jtj) (Entered: 06/09/2016) |
| 2016-06-09 | 29 | SCHEDULING ORDER. The IRS SHALL produce to Plaintiff on a rolling basis, in 4 installments or less: (1) documents responsive to Plaintiff's FOIA request and (2) the IRS's Vaughn index for documents it has reviewed in connection with this installment and is withholding pursuant to a lawful exemption. The IRS shall make productions of these two items, and any amendments to prior Vaughn indexes already furnished, on the dates listed in this order. The IRS SHALL file its motion for summary judgment by October 19, 2016, and shall have up to 35 pages for its brief (exclusive of affidavits and other evidence). Plaintiff shall file his response by November 9, 2016, and may have up to 35 pages for his brief. The IRS shall file its reply of up to 25 pages by November 21, 2016. Plaintiff is GRANTED leave to file a surreply of up to 25 pages by December 1, 2016. The Court will not permit discovery in this matter at this time. Signed by Judge Amy Totenberg on 6/09/2016. (See order for more specifics)(jtj) (Entered: 06/09/2016) |
| 2016-06-15 | 31 | TRANSCRIPT of Status Conference Proceedings held on 6/18/2016, before Judge Amy Totenberg. Court Reporter/Transcriber Shannon R. Welch, Telephone number 404-215-1383. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/6/2016. Redacted Transcript Deadline set for 7/18/2016. Release of Transcript Restriction set for 9/13/2016. (Attachments: # 1 Notice of Filing Transcript) (srw) (Entered: 06/15/2016) |
| 2016-06-16 | 32 | Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Conference held on 6/16/2016. The Court inquired into Greenberger's assertion that the IRS is requiring him to produce documents that are already in the IRS's possession. Greenberger requested leave to supplement the record in the summons action with the lists produced by the IRS in the FOIA action. Greenberger also requested an evidentiary hearing re bad faith. The Court indicated that it believed the issue had not yet risen to the level of bad faith. The Court ruled that it will enforce the summons subject to a specified scope; written order to follow. (Court Reporter Jana Colter)(jtj) (Entered: 06/17/2016) |
| 2016-07-05 | 33 | NOTICE of Appearance by Stephen S. Ho on behalf of Internal Revenue Service (Ho, Stephen) (Entered: 07/05/2016) |
| 2016-07-06 | 34 | CERTIFICATE OF SERVICE re 29 Scheduling Order,,,, First Installment by Internal Revenue Service.(Ho, Stephen) (Entered: 07/06/2016) |
| 2016-08-03 | 35 | CERTIFICATE OF SERVICE re 29 Scheduling Order,,,, by Internal Revenue Service.(Carter, Kieran) (Entered: 08/03/2016) |
| 2016-08-31 | 36 | CERTIFICATE OF SERVICE Third Installment re 29 Scheduling Order, by Internal Revenue Service. (Carter, Kieran) (Entered: 08/31/2016) |
| 2016-09-28 | 37 | CERTIFICATE OF SERVICE re 29 Scheduling Order,,,, Fourth Installment by Internal Revenue Service.(Ho, Stephen) (Entered: 09/28/2016) |
| 2016-10-19 | 38 | MOTION for Summary Judgment with Brief In Support by Internal Revenue Service. (Attachments: # 1 Brief in Support, # 2 Statement of Material Facts, # 3 Text of Proposed Order, # 4 Declaration of Shira Washington, # 5 Declaration of Chris Pavilonis, # 6 Declaration of Jeanette Czachur, # 7 Declaration of Julie Schwartz, # 8 Declaration of Deborah Fitzpatrick, # 9 Exhibit A, # 10 Exhibit B)(Carter, Kieran) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 10/19/2016) |
| 2016-11-08 | 39 | Unopposed MOTION for Extension of Time For Modification of Scheduling Order and For Leave to File a Cross-Motion for Summary Judgment re: 38 MOTION for Summary Judgment with Brief In Support by Robert N. Greenberger. (Attachments: # 1 Exhibit A Proposed Order, # 2 Memorandum of Law in Support)(Aughtry, David) . Added MOTION for Leave to File a Cross-Motion for Summary Judgment on 11/9/2016 (bdb). (Entered: 11/08/2016) |
| 2016-11-10 | 40 | ORDER granting 39 Motion for modification of the scheduling order regarding the briefing deadlines for summary judgment. Plaintiff shall file his response and cross motion by November 16, 2016. The IRS shall file its reply of up to 25 pages by December 2, 2016. Mr. Greenberger may file his surreply of up to 25 pages by December 12, 2016. Signed by Judge Amy Totenberg on 11/10/16. (jpa) (Entered: 11/10/2016) |
| 2016-11-16 | 41 | DOCUMENT FILED WITH ERROR - ATTORNEY TO REFILE Response to Defendant's Statement of Material Facts re 38 MOTION for Summary Judgment filed by Robert N. Greenberger. (Aughtry, David) Modified on 11/17/2016 (jpa). (Entered: 11/16/2016) |
| 2016-11-16 | 42 | Cross MOTION for Partial Summary Judgment with Brief In Support by Robert N. Greenberger. (Attachments: # 1 Brief Memorandum in Support of Plantiff's Cross-Motion for Partial Summary Judgment and i Opposition to Defendant's Motion, # 2 Statement of Material Facts Plaintiff's Statement of Additional Undisputed Material Facts, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Text of Proposed Order)(Aughtry, David) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 11/16/2016) |
| 2016-11-17 | 43 | CORRECTED Response to Statement of Material Facts re 38 MOTION for Summary Judgment, filed by Robert N. Greenberger. (Aughtry, David) (Entered: 11/17/2016) |
| 2016-12-02 | 44 | RESPONSE in Opposition re 42 Cross-MOTION for Partial Summary Judgment and REPLY to Plaintiff's Opposition to the IRS's 38 MOTION for Summary Judgment filed by Internal Revenue Service. (Attachments: # 1 Response to Plaintiff's Statement of Facts, # 2 Second Declaration of Chris Pavilonis, # 3 Declaration of Kieran O. Carter)(Carter, Kieran) Modified on 12/14/2016 to link to 38 Motion. (dfb) (Entered: 12/02/2016) |
| 2016-12-12 | 45 | REPLY to Response to Motion re 42 MOTION for Partial Summary Judgment, 38 MOTION for Summary Judgment filed by Robert N. Greenberger. (Attachments: # 1 Affidavit Supplemental Declaration by Robert N. Greenberger, # 2 Affidavit Supplemental Declaration by William E. Buchanan, # 3 Affidavit Declaration by David D. Aughtry)(Aughtry, David) (Entered: 12/12/2016) |
| 2016-12-14 | | Submission of 38 MOTION for Summary Judgment, 42 MOTION for Partial Summary Judgment, submitted to District Judge Amy Totenberg. (dfb) (Entered: 12/14/2016) |
| 2017-07-27 | 46 | Certification of Consent to Substitution of Counsel. David DeCoursey Aughtry replacing attorney Courtney Hall Moore. (Aughtry, David) (Entered: 07/27/2017) |
| 2017-09-15 | 47 | ORDER DIRECTING the Defendant to file a notice on the docket as soon as practicable but in no event later than September 18, 2017, identifying whether or not its investigation of Plaintiff has concluded. Signed by Judge Amy Totenberg on 9/15/2017. (jtj) (Entered: 09/15/2017) |
| 2017-09-18 | 48 | RESPONSE to 47 Order, filed by Internal Revenue Service. (Carter, Kieran) (Entered: 09/18/2017) |
| 2017-09-22 | 49 | ORDER DIRECTING the Defendant to file a notice on the docket (supported by an affidavit or declaration if appropriate) clarifying: 1. Whether or not the Field Guidance Memoranda identified in Defendant's Vaughn index are the same kind of document as Field Service Advice Memoranda (and if not, how they differ); and 2. Whether or not the Field Guidance Memoranda identified in Defendant's Vaughn index have been made public. This notice (and any accompanying declaration(s)) should be filed on the docket no later than September 26, 2017. Signed by Judge Amy Totenberg on 9/22/2017. (jtj) (Entered: 09/22/2017) |
| 2017-09-26 | 50 | RESPONSE to 49 Order, filed by Internal Revenue Service. (Carter, Kieran) (Entered: 09/26/2017) |
| 2017-09-28 | 51 | ORDER GRANTING 38 Defendant's Motion for Summary Judgment and DENYING 42 Plaintiff's Motion for Partial Summary Judgment. The Court understands Greenberger's frustrations, but notes that when the investigation against him concludes, Exemption 7A will no longer apply and he may be able to seek disclosure of at least some of the withheld records at that time. The Clerk is DIRECTED to close this case. Signed by Judge Amy Totenberg on 9/28/2017. (See order for specifics) (jtj) (Entered: 09/28/2017) |
| 2017-09-28 | 52 | CLERK'S JUDGMENT in favor of the Defendant, Internal Revenue Service and against the Plaintiff, Robert N. Greenberger, for costs of this civil action. This case is dismissed. (jtj)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 09/28/2017) |
| 2017-09-28 | | Civil Case Terminated. (jtj) (Entered: 09/28/2017) |
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