Case Detail

FOIA Project Annotation: A federal court in Maryland has ordered the IRS to provide records it withheld from Abelrahman and Sara Ayyad for in camera inspection after finding the agency has failed to justify most of its exemption claims. The Ayyads requested records concerning their tax returns from 2006-2012, identifying Kenneth Feldman as the IRS agent in Baltimore who had handled their case. The agency located 2,885 pages and told the Ayyads that it would disclose them in PDF form. The agency redacted 21 pages and withheld 120 pages. After their administrative appeal was denied, the Ayyads filed suit, claiming the agency had failed to conduct an adequate search because it had not disclosed Feldman's email correspondence. Feldman located an additional 872 pages. The agency redacted 176 pages and withheld 27 pages entirely. The Ayyads questioned why certain correspondence to their attorney was not included, but the agency was unable to resolve that issue. However, the agency then found another 6,568 pages. The agency redacted 412 pages and withheld 3,474 pages. While the court found the agency's search was now adequate, it noted that "it is almost impossible to determine the significance of the remaining claimed deficiencies in the IRS production. This is because the Court cannot ascertain whether any of the 'missing' documents to which the Ayyads point are part of the withheld records under claimed exemptions. The Court suspects this may be the case." But the court found that the agency's multiple claims under Exemption 5 (privileges), Exemption 3 (other statutes), and Exemption 7 (law enforcement records) were not sufficiently explained. The court accepted some of the agency's claims under Exemption 7(A) (interference with ongoing investigation or proceeding) and Exemption 7(E) (investigative methods and techniques) but indicated that for others "the descriptions are simply too vague and nonspecific to make any determination. Even with the more deferential standard given to law enforcement withholding, the agency's conclusory assertions cannot carry their FOIA burden." Finding the agency had dragged out the litigation too long, the court ordered the agency to provide the records for in camera review. The court observed that "the Ayyads' initial FOIA requests were propounded almost two years ago, and yet the conversation remains centered on the IRS' failure to fulfill its well-established obligation to describe with particularity the bases for claiming withholding so that the Court can properly assess the legal propriety of the claimed exemptions. This Court will not delay further review any longer."
Issues: Search - Detailed description of search

Date Filed	Doc #	Docket Text
2016-08-31	1	COMPLAINT against Internal Revenue Service of the United States of America ( Filing fee $ 400 receipt number 0416-6213255.), filed by Internal Revenue Service of the United States of America. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibits A - G)(Kelly, Gerald) (Entered: 08/31/2016)
2016-08-31	2	NOTICE by Internal Revenue Service of the United States of America re 1 Complaint, (Attachments: # 1 Summons, # 2 Summons)(Kelly, Gerald) (Entered: 08/31/2016)
2016-08-31		Case reassigned to Judge Paula Xinis. Judge Marvin J. Garbis no longer assigned to the case. (cags, Deputy Clerk) (Entered: 08/31/2016)
2016-09-01	3	Summons Issued 21 days as to Internal Revenue Service. (jf3s, Deputy Clerk) (Entered: 09/01/2016)
2016-10-06	4	SUMMONS Returned Executed by Abdelrahman Ayyad, Sara Ayyad. Internal Revenue Service served on 10/4/2016, answer due 12/5/2016. (Kelly, Gerald) (Entered: 10/06/2016)
2016-11-04	5	Consent MOTION for Extension of Time by Internal Revenue Service (Attachments: # 1 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 11/04/2016)
2016-11-08	6	PAPERLESS ORDER GRANTING 5 Motion for Extension of Time. Defendant's Answer or otherwise Response to the Complaint is due by December 6, 2016. Signed by Judge Paula Xinis on 11/8/2016. (tb2s, Chambers) (Entered: 11/08/2016)
2016-12-06	7	ANSWER to 1 Complaint, by Internal Revenue Service.(Peyton, Joycelyn) (Entered: 12/06/2016)
2016-12-07	8	SCHEDULING ORDER: Status Report due by 4/20/2017. Signed by Judge Paula Xinis on 12/7/2016. (jf3s, Deputy Clerk) (Entered: 12/08/2016)
2016-12-07	9	LETTER ORDER re The Filing of Motions. Signed by Judge Paula Xinis on 12/7/2016. (jf3s, Deputy Clerk) (Entered: 12/08/2016)
2016-12-16	10	STATUS REPORT by Internal Revenue Service(Peyton, Joycelyn) (Entered: 12/16/2016)
2016-12-20		Telephone Conference held on 12/20/2016 before Judge Paula Xinis. (tb2s, Chambers) (Entered: 12/20/2016)
2016-12-20	11	PAPERLESS ORDER: For the reasons discussed during today's status conference and in light of the nature of this case, the Court suspends the scheduling order issued at ECF No. 10. Dispositive Motions are due March 13, 2017. Signed by Judge Paula Xinis on 12/20/16. (tb2s, Chambers) (Entered: 12/20/2016)
2017-03-10	12	Correspondence re: Dispositive Motion (Attachments: # 1 Certificate of Service)(Ronzhes, Vadim) (Entered: 03/10/2017)
2017-03-13	13	LETTER ORDER scheduling a conference call for March 20, 2017 at 11:00 a.m. Signed by Judge Paula Xinis on 3/13/2017. (jf3s, Deputy Clerk) (Entered: 03/13/2017)
2017-03-13	14	PAPERLESS NOTICE: The conference call scheduled for March 20, 2017 is CANCELLED. (tb2s, Chambers) (Entered: 03/13/2017)
2017-03-13	15	MOTION for Extension of Time for Dispositive Motions by Internal Revenue Service (Attachments: # 1 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 03/13/2017)
2017-03-15	16	RESPONSE in Opposition re 15 MOTION for Extension of Time for Dispositive Motions filed by Abdelrahman Ayyad, Sara Ayyad. (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order)(Kelly, Gerald) (Entered: 03/15/2017)
2017-03-15	17	(FILED IN ERROR - PER COUNSEL) MOTION for Summary Judgment by Abdelrahman Ayyad, Sara Ayyad. (Attachments: # 1 Memo of Pts and Auth, # 2 Affidavit, # 3 Exhibit 1, # 4 Text of Proposed Order, # 5 Certificate of Service)(Ronzhes, Vadim) Modified on 3/17/2017 (jf3s, Deputy Clerk). (Entered: 03/15/2017)
2017-03-17	18	MOTION for Summary Judgment by Abdelrahman Ayyad, Sara Ayyad. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Affidavit, # 3 Exhibit 1, # 4 Text of Proposed Order, # 5 Certificate of Service)(Ronzhes, Vadim) (Entered: 03/17/2017)
2017-03-20	19	PAPERLESS ORDER GRANTING 15 Motion for Extension of Time. Dispositive Motions shall be filed no later than April 12, 2017. Signed by Judge Paula Xinis on 3/20/2017. (tb2s, Chambers) (Entered: 03/20/2017)
2017-04-12	20	MOTION to Stay Further Summary Judgment Briefing and to Modify Briefing Schedule by Internal Revenue Service (Attachments: # 1 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 04/12/2017)
2017-04-17	21	Corrected MOTION to Stay re 20 MOTION to Stay Further Summary Judgment Briefing and to Modify Briefing Schedule by Internal Revenue Service (Attachments: # 1 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 04/17/2017)
2017-04-19	22	Letter Order scheduling a conference call for April 25, 2017 at 2:00 p.m. Signed by Judge Paula Xinis on 4/19/2017. (jf3s, Deputy Clerk) (Entered: 04/19/2017)
2017-04-25	23	Telephone Conference held on 4/25/2017 before Judge Paula Xinis.(FTR - Ulander - 4C.) (bus, Deputy Clerk) (Entered: 04/25/2017)
2017-04-25	24	ORDER granting in part 21 Motion to Continue; setting Amended Scheduling Order. Signed by Judge Paula Xinis on 4/25/2017. (jf3s, Deputy Clerk) (Entered: 04/25/2017)
2017-05-31	25	MOTION for Summary Judgment by Internal Revenue Service (Attachments: # 1 Memorandum in Support of Cross Motion for Summary Judgment, # 2 Declaration of K. Feldman, # 3 Declaration of M. Cottrell, # 4 Declaration of J. Perez, # 5 Declaration of W. Rowe, # 6 Exhibit A, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D, # 10 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 05/31/2017)
2017-06-16	26	RESPONSE in Opposition re 25 MOTION for Summary Judgment filed by Abdelrahman Ayyad, Sara Ayyad. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Text of Proposed Order, # 3 Certificate of Service)(Kelly, Gerald) (Entered: 06/16/2017)
2017-07-03	27	RESPONSE in Opposition re 25 MOTION for Summary Judgment filed by Internal Revenue Service.(Peyton, Joycelyn) (Entered: 07/03/2017)
2017-07-12	28	Supplemental to 25 MOTION for Summary Judgment filed by Internal Revenue Service (Attachments: # 1 Supplement W. Rowe Declaration)(Peyton, Joycelyn) (Entered: 07/12/2017)
2017-08-18	29	Correspondence re: Discovery Motion (Attachments: # 1 Certificate of Service)(Heller, Daniel) (Entered: 08/18/2017)
2017-08-18	30	Correspondence re: Plaintiffs' Discovery Motion (Peyton, Joycelyn) (Entered: 08/18/2017)
2017-08-22	31	ORDER scheduling a conference call for September 1, 2017 at 10:30 a.m. Signed by Judge Paula Xinis on 8/22/2017. (jf3s, Deputy Clerk) (Entered: 08/22/2017)
2017-09-01	32	NOTICE of Appearance by Beatriz Teresa Saiz on behalf of Internal Revenue Service (Saiz, Beatriz) (Entered: 09/01/2017)
2017-09-01	33	PAPERLESS ORDER: For the reasons stated during today's telephone conference, the parties are to submit letter pleadings of no more than 5 pages, exclusive of exhibits, with exhibits filed under seal, pursuant to the following schedule: Plaintiff's motion is due by 9/15/2017, the government's reply is due by 9/29/2017, and Plaintiff's reply is due by 10/6/2017. Signed by Judge Paula Xinis on 9/1/2017. (sat, Chambers) (Entered: 09/01/2017)
2017-09-01	34	Telephone Conference held on 9/1/2017 before Judge Paula Xinis.(FTR Station.) (bus, Deputy Clerk) (Entered: 09/01/2017)
2017-09-15	35	-SEALED- MOTION for Discovery Determination Pursuant to FRCP 26(b)(5)(B) by Abdelrahman Ayyad, Sara Ayyad (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Certificate of Service, # 5 Text of Proposed Order)(Heller, Daniel) (Entered: 09/15/2017)
2017-09-19	36	QC NOTICE: A certificate of service indicating how service was made for 35 Motion for Discovery, filed by Abdelrahman Ayyad and Sara Ayyad, has not been filed - Sealed documents are not accessible through ECF, Please provide the Government with a service copy of the sealed documents filed then file the Certificate of Service. (jf3s, Deputy Clerk) (Entered: 09/19/2017)
2017-09-19	37	CERTIFICATE OF SERVICE by Abdelrahman Ayyad, Sara Ayyad re 35 MOTION for Discovery Determination Pursuant to FRCP 26(b)(5)(B) (Heller, Daniel) (Entered: 09/19/2017)
2017-09-29	38	RESPONSE in Opposition re 35 MOTION for Discovery Determination Pursuant to FRCP 26(b)(5)(B) filed by Internal Revenue Service. (Attachments: # 1 Affidavit of J. Peyton, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M)(Peyton, Joycelyn) (Entered: 09/29/2017)
2017-09-29	39	-SEALED - NOTICE of Filing Under Seal Declaration of J. Peyton with Exhibits by Internal Revenue Service re 38 Response in Opposition to Motion, (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Peyton, Joycelyn) (Entered: 09/29/2017)
2017-10-06	40	-SEALED-REPLY to Response to Motion re 35 MOTION for Discovery Determination Pursuant to FRCP 26(b)(5)(B) filed by Abdelrahman Ayyad, Sara Ayyad. (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order)(Heller, Daniel) (Entered: 10/06/2017)
2018-01-18	41	NOTICE of Hearing: Motion Hearing set for 2/1/2018 at 03:00 PM in Courtroom 4C, 6500 Cherrywood Lane, Greenbelt, Maryland 20770, before Judge Paula Xinis. (tb2s, Chambers) (Entered: 01/18/2018)
2018-02-01	42	Motion Hearing held on 2/1/2018 re 25 MOTION for Summary Judgment filed by Internal Revenue Service, 18 MOTION for Summary Judgment filed by Abdelrahman Ayyad, Sara Ayyad before Judge Paula Xinis.(Court Reporter: Marlene Kerr - 4C) (bus, Deputy Clerk) (Entered: 02/01/2018)
2018-02-02	43	MEMORANDUM OPINION. Signed by Judge Paula Xinis on 2/2/2018. (jf3s, Deputy Clerk) (Entered: 02/05/2018)
2018-02-02	44	ORDER granting in part and denying in part 18 Plaintiff's Motion for Summary Judgment; granting in part and denying in part 25 Defendant's Motion for Summary Judgment; denying as moot 35 Motion for Discovery Determination. Signed by Judge Paula Xinis on 2/2/2018. (jf3s, Deputy Clerk) (Entered: 02/05/2018)
2018-03-07	45	NOTICE by Internal Revenue Service re 44 Order on Motion for Summary Judgment,,,, Order on Motion for Discovery, (Peyton, Joycelyn) (Entered: 03/07/2018)
2018-09-24	46	LETTER ORDER directing the IRS to release redacted documents to the Plaintiff no later than December 1, 2018. Signed by Judge Paula Xinis on 9/24/2018. (jf3s, Deputy Clerk) (Entered: 09/24/2018)
2018-11-30	47	NOTICE by Internal Revenue Service re 46 Order of Compliance (Saiz, Beatriz) (Entered: 11/30/2018)
2018-12-21	48	LETTER ORDER memorializing the Court's Ruling and shall become the final ruling in 46 Letter Order; directing the Clerk to close this case. Signed by Judge Paula Xinis on 12/21/2018. (jf3s, Deputy Clerk) (Entered: 12/21/2018)
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