| Date Filed | Doc # | Docket Text |
|
| 2015-10-22 | 1 | COMPLAINT filed by David T Wilson, John Wilson; Filing fee $ 400, receipt number 0752-11215259. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Smentek, Sharilee) (Entered: 10/22/2015) |
| 2015-10-22 | 2 | CIVIL Cover Sheet (Smentek, Sharilee) (Entered: 10/22/2015) |
| 2015-10-22 | | CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Sheila Finnegan. (daj, ) (Entered: 10/22/2015) |
| 2015-10-22 | | SUMMONS Issued as to Defendants Department of the Treasury, Internal Revenue Service(IRS) (pg, ) (Entered: 10/22/2015) |
| 2015-10-26 | 3 | MINUTE entry before the Honorable Manish S. Shah: A status hearing is set before Judge Shah on 1/5/16 at 9:30 a.m. No later than three business days before the status hearing, the parties shall file a joint initial status report. A template for the Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/home/JudgeInfo.aspx by clicking on Judge Shah's name and then again on the link entitled 'Initial Status Conferences.' Notices mailed by Judicial Staff. (psm, ) (Entered: 10/26/2015) |
| 2015-11-16 | 4 | SUMMONS Returned Executed as to United States Department of the Treasury served on 10/26/2015, answer due 12/28/2015. (Smentek, Sharilee) (Docket Text Modified by Clerk's Office on 11/17/2015) (lf, ). (Entered: 11/16/2015) |
| 2015-11-16 | 5 | SUMMONS Returned Executed as to Internal Revenue Service served on 10/26/2015, answer due 12/28/2015. (Smentek, Sharilee)(Docket Text Modified by Clerks Office on 11/17/2015). (lf, ). (Entered: 11/16/2015) |
| 2015-11-16 | 6 | NOTICE by David T Wilson, John Wilson re affidavit of service 4 , affidavit of service 5 (Smentek, Sharilee) (Entered: 11/16/2015) |
| 2015-11-24 | 7 | ATTORNEY Appearance for Defendants Department of the Treasury, Internal Revenue Service by Kieran O'neill Carter (Carter, Kieran) (Entered: 11/24/2015) |
| 2015-12-08 | 8 | ANSWER to Complaint by Department of the Treasury, Internal Revenue Service(Carter, Kieran) (Entered: 12/08/2015) |
| 2015-12-31 | 9 | STATUS Report by David T Wilson, John Wilson (Smentek, Sharilee) (Entered: 12/31/2015) |
| 2016-01-05 | 10 | MINUTE entry before the Honorable Manish S. Shah: Status hearing held. The Internal Revenue Service's dispositive motion is due 3/1/16. The parties may proceed with initial disclosures and each may propound discovery, however no responses are required. Continued status hearing is set for 2/26/16 at 9:30 a.m. Notices mailed by Judicial Staff. (psm, ) (Entered: 01/05/2016) |
| 2016-01-08 | 11 | JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Smentek, Sharilee) (Entered: 01/08/2016) |
| 2016-01-12 | 12 | MINUTE entry before the Honorable Manish S. Shah: The status hearing set for 2/26/16 before Judge Shah is stricken. Pursuant to the parties' Joint Consent, this case has been submitted to the Executive Committee for reassignment to the assigned magistrate judge. Notices mailed by Judicial Staff. (psm, ) (Entered: 01/12/2016) |
| 2016-01-12 | 13 | ORDER REASSIGNING Case to the Honorable Sheila M. Finnegan, pursuant to Local Rule 73.1(B) for all further proceedings, parties having consented to the reassignment. Signed by Honorable Manish S. Shah on 1/12/2016. (jc, ) (Entered: 01/12/2016) |
| 2016-01-15 | 14 | MINUTE entry before the Honorable Sheila M. Finnegan: Telephone status hearing set for 1/20/2016 at 9:15 a.m. To join the telephone status hearing, dial (877) 336-1831. Access code is 5995354. Mailed notice. (is, ) (Entered: 01/15/2016) |
| 2016-01-20 | 15 | MINUTE entry before the Honorable Sheila M. Finnegan: Telephone status hearing held on 1/20/2016 and continued to 3/9/2016 at 9:15 a.m. Initial disclosures are waived by agreement. By 2/3/2016, Defendant is to decide whether it will agree to provide Plaintiff with a privilege log and convey its position in an email sent to the Court's proposed order box (Proposed_Order_Finnegan@ilnd.uscourts.gov). If Defendant agrees to provide a privilege log, it is to be produced by the time Defendant files its dispositive motion which is due by 3/21/2016. To join the telephone status hearing, dial (877) 336-1831. Access code is 5995354. Mailed notice. (is, ) (Entered: 01/21/2016) |
| 2016-01-21 | 16 | MINUTE entry before the Honorable Sheila M. Finnegan: Defendant's dispositive motion is to be filed by 3/1/2016. The dispositive motion deadline of 3/21/2016 is stricken. Mailed notice. (is, ) Modified on 1/21/2016 (is, ). (Entered: 01/21/2016) |
| 2016-02-04 | 17 | MINUTE entry before the Honorable Sheila M. Finnegan: Defendants have informed Plaintiff and the Court that they are willing to provide a Vaughn index which will include an itemized index, correlating each withheld document (or portion) with a specific FOIA exemption and the relevant part of the agency's nondisclosure justification. See Vaughn v. Rosen,484 F.2d 820 (D.C. Cir. 1973). By agreement, the index is to be provided to Plaintiff on the same day that Defendants file their dispositive motion. Mailed notice. (is, ) (Entered: 02/04/2016) |
| 2016-03-01 | 18 | MOTION by Defendants Department of the Treasury, Internal Revenue Service for extension of time to File a Dispositive Motion (Carter, Kieran) (Entered: 03/01/2016) |
| 2016-03-08 | 19 | MOTION by Defendants Internal Revenue Service, Department of the Treasury for summary judgment on Count II (Attachments: # 1 Memorandum in Support of Motion for Summary Judgment, # 2 Statement of Material Facts, # 3 Declaration of John Quigley, # 4 Declaration of Michael Franklin, # 5 Declaration of Mimi Orr-Tubbs, # 6 Exhibit A - FOIA Request of David Wilson, # 7 Exhibit B - FOIA Request of John Wilson, # 8 Exhibit C - Vaughn Index of IRS Records of David Wilson, # 9 Exhibit D - Vaughn Index of Records of John Wilson, # 10 Proposed Order)(Carter, Kieran) (Entered: 03/08/2016) |
| 2016-03-08 | 20 | NOTICE of Motion by Kieran O'neill Carter for presentment of motion for summary judgment,, 19 before Honorable Sheila M. Finnegan on 3/9/2016 at 09:15 AM. (Carter, Kieran) (Entered: 03/08/2016) |
| 2016-03-08 | 21 | MOTION by Defendants Internal Revenue Service, Department of the Treasury to dismiss for lack of jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: # 1 Memorandum in Support of Motion to Dismiss, # 2 Proposed Order)(Carter, Kieran) (Entered: 03/08/2016) |
| 2016-03-08 | 22 | NOTICE of Motion by Kieran O'neill Carter for presentment of motion to dismiss/lack of jurisdiction, Motion to Dismiss for Failure to State a Claim,, 21 before Honorable Sheila M. Finnegan on 3/9/2016 at 09:15 AM. (Carter, Kieran) (Entered: 03/08/2016) |
| 2016-03-09 | 23 | MINUTE entry before the Honorable Sheila M. Finnegan: Defendants' motion for enlargement of time to file a dispositive motion, up to and including 3/8/2016 18 is granted. Mailed notice. (is, ) (Entered: 03/09/2016) |
| 2016-03-09 | 24 | MINUTE entry before the Honorable Sheila M. Finnegan: Telephone status hearing held on 3/9/2016. Plaintiffs' response to Defendants' motion for summary judgment 19 and Defendants' motion to dismiss 21 to be filed by 4/13/2016. Defendants' replies are due by 4/27/2016. Mailed notice. (is, ) (Entered: 03/09/2016) |
| 2016-04-06 | 25 | MOTION by Plaintiffs David T Wilson, John Wilson to amend/correct terminate hearings,, status hearing,, set motion and R&R deadlines/hearings, 24 AGREED (Smentek, Sharilee) (Entered: 04/06/2016) |
| 2016-04-06 | 26 | AGREED NOTICE of Motion by Sharilee Kempa Smentek for presentment of motion to amend/correct, motion for relief,, 25 before Honorable Sheila M. Finnegan on 4/13/2016 at 09:15 AM. (Smentek, Sharilee) (Entered: 04/06/2016) |
| 2016-04-07 | 27 | MINUTE entry before the Honorable Sheila M. Finnegan: Agreed Motion to Amend Briefing Schedule 25 is Granted. Plaintiff has up to and including 04/27/2016 to file their responses to the Motions; Defendants has up to and including 05/11/2016 to file their replies..Mailed notice (sxw, ) (Entered: 04/07/2016) |
| 2016-04-27 | 28 | RESPONSE by David T Wilson, John Wilsonin Opposition to MOTION by Defendants Internal Revenue Service, Department of the Treasury for summary judgment on Count II 19 (Smentek, Sharilee) (Entered: 04/27/2016) |
| 2016-04-27 | 29 | RULE 56.1(b)(3) Statement by David T Wilson, John Wilson regarding motion for summary judgment,, 19 (Smentek, Sharilee) (Entered: 04/27/2016) |
| 2016-04-27 | 30 | STIPULATION of Dismissal as to Count I of Plaintiffs' Complaint (Smentek, Sharilee) (Entered: 04/27/2016) |
| 2016-05-02 | 31 | MINUTE entry before the Honorable Sheila M. Finnegan: Pursuant to the parties' joint stipulation 30 , Count I is dismissed without prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). Mailed notice (sxw, ) (Entered: 05/02/2016) |
| 2016-05-11 | 32 | MOTION by Defendants Department of the Treasury, Internal Revenue Service for extension of time to file response/reply (Carter, Kieran) (Entered: 05/11/2016) |
| 2016-05-11 | 33 | MINUTE entry before the Honorable Sheila M. Finnegan: Motion for extension of time to file reply regarding MOTION by Defendants Internal Revenue Service, Department of the Treasury for summary judgment on Count II 19 32 is granted. Reply due by 5/18/2016. Mailed notice. (Finnegan, Sheila) (Entered: 05/11/2016) |
| 2016-05-18 | 34 | REPLY by Department of the Treasury, Internal Revenue Service to response in opposition to motion 28 (Attachments: # 1 Second Declaration of John Quigley, # 2 Supplemental Statement of Material Facts)(Carter, Kieran) (Entered: 05/18/2016) |
| 2016-05-23 | 35 | MOTION by Plaintiffs David T Wilson, John Wilson to strike Supplemental Statement of Undisputed Material Facts (Smentek, Sharilee) (Entered: 05/23/2016) |
| 2016-05-23 | 36 | NOTICE of Motion by Sharilee Kempa Smentek for presentment of motion to strike 35 before Honorable Sheila M. Finnegan on 5/31/2016 at 09:15 AM. (Smentek, Sharilee) (Entered: 05/23/2016) |
| 2016-05-27 | 37 | MINUTE entry before the Honorable Sheila M. Finnegan: Plaintiffs' motion to strike supplemental statement of undisputed material facts 35 is taken under advisement. Motion hearing on 5/31/2016 is cancelled. Mailed notice (sxw, ) (Entered: 05/27/2016) |
| 2016-06-09 | 38 | MOTION by Defendants Department of the Treasury, Internal Revenue Service Cross Motion for Leave to Include Supplemental Facts (Carter, Kieran) (Entered: 06/09/2016) |
| 2016-06-09 | 39 | MEMORANDUM by Department of the Treasury, Internal Revenue Service in support of motion for miscellaneous relief 38 Memorandum in Support of its Cross-Motion for Leave to Include Supplemental Facts and in Opposition to Plaintiffs' Motion to Strike Supplemental Statement of Undisputed Material Facts (Carter, Kieran) (Entered: 06/09/2016) |
| 2016-06-20 | 40 | MINUTE entry before the Honorable Sheila M. Finnegan: Plaintiff's response to Defendant's Motion for Leave to Include Supplemental Facts 38 is due by 6/27/2016. Reply to be filed by 7/6/2016. The parties were contacted by the Court's staff on 6/13/2016 (by email) to inquire as to whether Plaintiff wanted to file a response to the motion and to provide the 6/27/2016 response date, but Plaintiff did not reply to the email. Mailed notice (sxw, ) (Entered: 06/20/2016) |
| 2016-06-21 | 41 | MOTION by Defendants Department of the Treasury, Internal Revenue Service for extension of time to file response/reply as to set motion and R&R deadlines/hearings, 40 (Carter, Kieran) (Entered: 06/21/2016) |
| 2016-06-21 | 42 | MINUTE entry before the Honorable Sheila M. Finnegan: Defendants' Motion for an Extension of Time to File a Reply 41 is granted. Defendant's reply is due 7/15/2016. Mailed notice (sxw, ) (Entered: 06/21/2016) |
| 2016-06-27 | 43 | REPLY by Plaintiffs David T Wilson, John Wilson IN SUPPORT OF THEIR MOTION TO STRIKE DEFENDANTS SUPPLEMENTAL STATEMENT OF UNDISPUTED MATERIAL FACTS AND RESPONSE IN OPPOSITION TO DEFENDANTS CROSS-MOTION FOR LEAVE TO INCLUDE SUPPLEMENTAL FACTS (Smentek, Sharilee) (Entered: 06/27/2016) |
| 2016-07-14 | 44 | REPLY by Department of the Treasury, Internal Revenue Service to reply, 43 (Carter, Kieran) (Entered: 07/14/2016) |
| 2016-10-12 | 45 | MINUTE entry before the Honorable Sheila M. Finnegan: Plaintiffs' Motion to Strike Defendants' Statement of Undisputed Facts 35 is denied; Defendants' Motion for Leave to Include Supplemental Facts 38 is granted; and Defendants' Motion for Summary Judgment 19 is granted in part and denied in part as explained in the Order entered herewith. Defendants are ordered to disclose documents and information withheld solely on the ground of non-responsiveness because they do not pertain to Plaintiffs' Form 1040 for the 2011 tax year, as outlined in the accompanying Order, by November 11, 2016. [See accompanying Order for details] Mailed notice (sxw, ) (Entered: 10/12/2016) |
| 2016-10-12 | 46 | ORDER. Signed by the Honorable Sheila M. Finnegan on 10/12/2016. Mailed notice(sxw, ) (Entered: 10/12/2016) |
| 2016-11-02 | 47 | STATUS Report by Department of the Treasury, Internal Revenue Service (Carter, Kieran) (Entered: 11/02/2016) |
| 2016-11-03 | 48 | MINUTE entry before the Honorable Sheila M. Finnegan: Parties are to file a new status report by 12/5/2016. Mailed notice (sxw, ) (Entered: 11/03/2016) |
| 2016-12-05 | 49 | STATUS Report by Department of the Treasury, Internal Revenue Service (Carter, Kieran) (Entered: 12/05/2016) |
| 2016-12-05 | 50 | MINUTE entry before the Honorable Sheila M. Finnegan: By agreement, the following schedule is entered relating to supplemental briefing: Defendants' Supplemental Motion for Summary Judgment due by 1/6/2017, Plaintiffs' opposition due by 2/3/2017; and Defendants' reply due by 2/17/207.Mailed notice (sxw, ) (Entered: 12/05/2016) |
| 2017-01-06 | 51 | MOTION by Defendants Department of the Treasury, Internal Revenue Service for extension of time (Attachments: # 1 Text of Proposed Order)(Carter, Kieran) (Entered: 01/06/2017) |
| 2017-01-06 | 52 | MINUTE entry before the Honorable Sheila M. Finnegan: The parties' Joint Motion to Extend Briefing Schedule 51 is granted. The Court adopts the following briefing schedule proposed by the parties: Defendants' supplemental motion for summary judgment is due 2/10/17; Plaintiffs' opposition is due 3/10/17; and Defendants' reply is due 3/24/17. If the parties are able to resolve the remaining issues in this matter, they shall jointly provide the Court with a proposed consent order or stipulation of dismissal by email to the Court's Proposed Order Inbox (Proposed_Order_Finnegan@ilnd.uscourts.gov).Mailed notice (sxw, ) (Entered: 01/06/2017) |
| 2017-02-08 | 53 | MOTION by Defendants Department of the Treasury, Internal Revenue Service for extension of time (Attachments: # 1 Text of Proposed Order)(Carter, Kieran) (Entered: 02/08/2017) |
| 2017-02-08 | 54 | MINUTE entry before the Honorable Sheila M. Finnegan: Second joint motion to extend briefing schedule 53 is granted. Defendants' supplemental motion for summary judgment is due 2/24/2017. Plaintiffs' opposition is due 3/24/2017. Defendants' reply is due 4/27/2017. Mailed notice (sxw, ) (Entered: 02/08/2017) |
| 2017-02-24 | 55 | STIPULATION of Dismissal as to Count II of Plaintiffs' Complaint (Smentek, Sharilee) (Entered: 02/24/2017) |
| 2017-02-24 | 56 | MINUTE entry before the Honorable Sheila M. Finnegan: Pursuant to the parties' Joint Stipulation of Voluntary Dismissal 55 , Count II of Plaintiffs' Complaint in this action 1 is dismissed without prejudice. The only other Count of that Complaint having already been dismissed [30, 31], no claims remain pending, and this action is therefore terminated. Civil case terminated. Mailed notice (sxw, ) (Entered: 02/24/2017) |
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