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Case TitleYU v. INTERNAL REVENUE SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00947
Date Filed2017-05-19
Date Closed2019-05-14
JudgeJudge Christopher R. Cooper
PlaintiffPHILIP YU
Case DescriptionPhilip Yu submitted a FOIA request to the IRS for records concerning his income tax returns and examinations by the IRS from 2001-2013. The agency told Yu it would be unable to respond within 20 days. Yu then filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantINTERNAL REVENUE SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-05-191COMPLAINT against INTERNAL REVENUE SERVICE ( Filing fee $ 400 receipt number 0090-4958959) filed by PHILIP YU. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Summons DC US Attorney, # 5 Summons DC US Attorney General, # 6 Summons IRS)(Hicks, Matthew) (Entered: 05/19/2017)
2017-05-19Case Assigned to Judge Christopher R. Cooper. (md) (Entered: 05/20/2017)
2017-05-202SUMMONS (3) Issued Electronically as to INTERNAL REVENUE SERVICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 05/20/2017)
2017-06-063RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/24/2017. Answer due for ALL FEDERAL DEFENDANTS by 6/23/2017. (Hicks, Matthew) (Entered: 06/06/2017)
2017-06-064RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/30/2017. (Hicks, Matthew) (Entered: 06/06/2017)
2017-06-065RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. INTERNAL REVENUE SERVICE served on 5/30/2017 (Hicks, Matthew) (Entered: 06/06/2017)
2017-06-226Partial MOTION to Dismiss Claim for Expeditious Proceedings by INTERNAL REVENUE SERVICE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(O'Donnell, Sean) Modified to add on 6/23/2017 (td). (Entered: 06/22/2017)
2017-07-067Memorandum in opposition to re 6 MOTION to Dismiss Claim for Expeditious Proceedings filed by PHILIP YU. (Attachments: # 1 Text of Proposed Order)(Hicks, Matthew) (Entered: 07/06/2017)
2017-07-138REPLY to opposition to motion re 6 MOTION to Dismiss Claim for Expeditious Proceedings filed by INTERNAL REVENUE SERVICE. (O'Donnell, Sean) (Entered: 07/13/2017)
2017-08-17MINUTE ORDER: Defendant's Partial Motion 6 to Dismiss for failure to state a claim for expedited proceedings is hereby DENIED. Plaintiff's request to expedite proceedings in the case appears in the Complaint as a prayer for relief, rather than a legally cognizable "claim." And to the extent there was any ambiguity on this point, Plaintiff has resolved it by explaining that his only claim for relief is the production of the documents called for in his FOIA request. Opp'n at 1. Plaintiff may move for expedited proceedings upon a showing of good cause under 28 U.S.C. § 1657, as he sees fit. See Freedom Communications, Inc. v. FDIC, 157 F.R.D. 485, 487 (C.D. Cal. 1994) ("In general terms, it appears to be proper for a party to move for expedited processing under [section 1657]."). Meanwhile, the Court further orders that the Defendant file an Answer within 10 days of this Order. Signed by Judge Christopher R. Cooper on 8/17/2017. (lccrc2) Modified on 8/18/2017 (zlsj). (Entered: 08/17/2017)
2017-08-269ANSWER to Complaint by INTERNAL REVENUE SERVICE.(O'Donnell, Sean) (Entered: 08/26/2017)
2017-08-28MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. Since the requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure do not apply, it is hereby ORDERED that the parties shall confer and file a joint proposed schedule for briefing or disclosure by 9/12/2017. Signed by Judge Christopher R. Cooper on 8/28/2017. (lccrc2) (Entered: 08/28/2017)
2017-08-28Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 9/12/2017 (lsj) (Entered: 08/28/2017)
2017-09-1210PROPOSED BRIEFING SCHEDULE by INTERNAL REVENUE SERVICE (O'Donnell, Sean) Modified event title on 9/13/2017 (znmw). (Entered: 09/12/2017)
2017-09-15MINUTE ORDER: In light of 10 the parties' Proposed Briefing Schedule, the Court hereby enters the following production schedule in this case: Defendant shall make an initial production of responsive documents to Plaintiff on or before October 15, 2017, and a subsequent production on or before November 15, 2017. The parties shall file a joint status report by November 29, 2017 advising the Court of the status of production. Signed by Judge Christopher R. Cooper on 9/15/2017. (lccrc2) (Entered: 09/15/2017)
2017-09-15Set/Reset Deadlines: Joint Status Report due by 11/29/2017 (lsj) (Entered: 09/15/2017)
2017-11-2911Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (O'Donnell, Sean) (Entered: 11/29/2017)
2017-11-30MINUTE ORDER: In light of 11 the parties' joint status report, it is ORDERED that Defendant shall make rolling productions of responsive, non-exempt records to Plaintiff on December 1, 2017, January 15, 2018, and February 16, 2018. It is further ORDERED that the parties shall file a joint status report by March 2, 2018 addressing the status of production and, if necessary, proposing a briefing schedule. Signed by Judge Christopher R. Cooper on 11/30/2017. (lccrc2) (Entered: 11/30/2017)
2017-12-01Set/Reset Deadlines: Joint Status Report due by 3/2/2018 (lsj) (Entered: 12/01/2017)
2018-02-2812Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (O'Donnell, Sean) (Entered: 02/28/2018)
2018-03-05MINUTE ORDER: In light of 12 the parties' joint status report, the parties are directed to file a further joint status report by April 23, 2018 proposing a further production schedule and, if necessary, a briefing schedule. Signed by Judge Christopher R. Cooper on 3/5/2018. (lccrc2) (Entered: 03/05/2018)
2018-03-05Set/Reset Deadlines: Joint Status Report due by 4/23/2018 (lsj) (Entered: 03/05/2018)
2018-04-2313Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (O'Donnell, Sean) (Entered: 04/23/2018)
2018-04-25MINUTE ORDER: In light of 13 the parties' joint status report, it is ORDERED that Defendant shall make two further rolling productions, by May 23, 2018 and by June 22, 2018. The parties shall file a further joint status report by August 10, 2018 updating the Court on the status of the case and, if necessary, proposing a briefing schedule. Signed by Judge Christopher R. Cooper on 4/25/2018. (lccrc2) (Entered: 04/25/2018)
2018-04-25Set/Reset Deadlines: Joint Status Report due by 8/10/2018 (lsj) (Entered: 04/25/2018)
2018-08-1014Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (O'Donnell, Sean) (Entered: 08/10/2018)
2018-08-13MINUTE ORDER: In light of 14 the parties' joint status report, the parties are directed to file a further joint status report by September 28, 2018 updating the Court on the status of the case and proposing a schedule for briefing if necessary. Signed by Judge Christopher R. Cooper on 8/13/2018. (lccrc2) (Entered: 08/13/2018)
2018-08-13Set/Reset Deadlines: Joint Status Report due by 9/28/2018 (lsj) (Entered: 08/13/2018)
2018-09-2815Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (O'Donnell, Sean) (Entered: 09/28/2018)
2018-10-2916Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (O'Donnell, Sean) (Entered: 10/29/2018)
2018-10-29MINUTE ORDER: In light of the parties' 16 joint status report, the parties shall provide an updated joint status report on or before December 12, 2018, to include a proposed briefing schedule should one be necessary. Signed by Judge Christopher R. Cooper on 10/29/2018. (lccrc2) (Entered: 10/29/2018)
2018-10-30Set/Reset Deadlines: Joint Status Report due by 12/12/2018 (lsj) (Entered: 10/30/2018)
2018-12-1217Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (O'Donnell, Sean) (Entered: 12/12/2018)
2018-12-12MINUTE ORDER: In light of the parties' 17 joint status report, the parties shall file an updated joint status report, to include any necessary briefing schedule, by January 29, 2019. In the event that the parties are unable to reach an agreement on their disputes or propose a briefing schedule for their resolution by the date of their next status report, the parties shall appear for a status conference on January 31, 2019 at 10:00 a.m. in Courtroom 27A. Signed by Judge Christopher R. Cooper on 12/12/2018. (lccrc2) (Entered: 12/12/2018)
2018-12-13Set/Reset Deadlines/Hearings: Joint Status Report due by 1/29/2019. Status Conference set for 1/31/2019 at 10:00 AM in Courtroom 27A before Judge Christopher R. Cooper. (lsj) (Entered: 12/13/2018)
2019-01-2918Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (O'Donnell, Sean) (Entered: 01/29/2019)
2019-01-29MINUTE ORDER: In light of the parties' 18 joint status report, the parties shall file an updated joint status report on or before March 5, 2019, including a proposed briefing schedule if necessary. The Court hereby continues the status conference scheduled for January 31, 2019 to March 7, 2019 at 2:00 p.m., to be held in the event that the parties are unable to resolve their disputes or propose a briefing schedule for their resolution by March 5, 2019. Signed by Judge Christopher R. Cooper on 1/29/2019. (lccrc2) (Entered: 01/29/2019)
2019-01-29Set/Reset Deadlines/Hearings: Joint Status Report due by 3/5/2019. Status Conference reset for 3/7/2019 at 2:00 PM in Courtroom 27A before Judge Christopher R. Cooper. (lsj) (Entered: 01/29/2019)
2019-03-0519STATUS REPORT by INTERNAL REVENUE SERVICE. (O'Donnell, Sean) (Entered: 03/05/2019)
2019-03-0520STATUS REPORT by PHILIP YU. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Hicks, Matthew) (Entered: 03/05/2019)
2019-03-06MINUTE ORDER: After reviewing the parties' separately filed status reports, the Court will adopt the following briefing schedule for the resolution of the remaining disputes: Defendant's motion for summary judgment is due on or before April 19, 2019; Plaintiff's combined opposition and cross-motion for summary judgment is due on or before May 10, 2019; Defendant's combined reply and opposition is due on or before May 24, 2019; and Plaintiff's reply in support of its cross-motion is due on or before May 31, 2019. The Defendant shall file its Vaughn index and any supporting declarations together with its initial motion for summary judgment. Furthermore, and in light of this schedule, the status conference scheduled for March 7, 2019 is hereby vacated. Signed by Judge Christopher R. Cooper on 3/6/2019. (lccrc2) (Entered: 03/06/2019)
2019-04-1721MOTION for Extension of Time to File and to Modify Briefing Schedule by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(O'Donnell, Sean) (Entered: 04/17/2019)
2019-04-19MINUTE ORDER granting 21 Defendant's Motion for Extension of Time to File its motion for summary judgment. All briefing deadlines shall be extended by five business days, as follows: Defendant's motion for summary judgment will be due on or before April 26, 2019; Plaintiff's opposition and cross-motion will be due on or before May 17, 2019; Defendant's reply and opposition will be due on or before May 31, 2019; and Plaintiff's reply will be due on or before June 7, 2019. Signed by Judge Christopher R. Cooper on 4/19/2019. (lccrc2) (Entered: 04/19/2019)
2019-04-19Set/Reset Deadlines: Summary Judgment motions due by 4/26/2019. Response to Motion for Summary Judgment due by 5/17/2019. Cross Motions due by 5/17/2019. Reply to Motion for Summary Judgment due by 5/31/2019. Response to Cross Motions due by 5/31/2019. Reply to Cross Motions due by 6/7/2019. (znbn) (Entered: 04/19/2019)
2019-04-2622MOTION for Summary Judgment by INTERNAL REVENUE SERVICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Undisputed Material Facts, # 3 Text of Proposed Order, # 4 Declaration of Han Huang, # 5 Ex. A, Vaughn Index, # 6 Declaration of Carmen Banerjee, # 7 Declaration of Mark Cottrell, # 8 Declaration of Karen Lepore, # 9 Declaration of Pamela Love, # 10 Declaration of Jolanta Rachowicz)(O'Donnell, Sean) (Entered: 04/26/2019)
2019-05-1423STIPULATION of Dismissal with Prejudice by INTERNAL REVENUE SERVICE. (O'Donnell, Sean) (Entered: 05/14/2019)
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