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Case TitleMACVEST GROUP INC. v. UNITED STATES OF AMERICA et al
DistrictDistrict of New Jersey
CityNewark
Case Number2:2017cv09833
Date Filed2017-10-27
Date Closed2019-08-06
JudgeJudge Susan D. Wigenton
PlaintiffMACVEST GROUP INC.
Case DescriptionThe Macvest Group submitted a FOIA request to the IRS for records concerning the agency's decision to examine its 2014 tax return. The agency denied the request. Macvest Group then submitted a second FOIA request to the IRS for records about itself. The agency refused to process the request, apparently because it considered the second request duplicative of the first request. Macvest Group then filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES OF AMERICA
DefendantUNITED STATES OF AMERICA
TERMINATED: 01/16/2018
DefendantUNITED STATES
DefendantDEPARTMENT OF TREASURY
TERMINATED: 01/16/2018
DefendantDEPARTMENT OF TREASURY
DefendantINTERNAL REVENUE SERVICE
DefendantBRIAN KNAUS IN HIS CAPACITY AS REVENUE AGENT OF INTERNAL REVENUE SERVICE
DefendantBRIAN KNAUS IN HIS CAPACITY AS REVENUE AGENT OF INTERNAL REVENUE SERVICE
TERMINATED: 01/16/2018
DefendantSTEVEN TERNER MNUCHIN IN HIS CAPACITY AS THE SECRETARY OF THE TREASURY
DefendantSTEVEN TERNER MNUCHIN IN HIS CAPACITY AS THE SECRETARY OF THE TREASURY
TERMINATED: 01/16/2018
DefendantRUDOLPH SCHUELE IN HIS CAPACITY AS REVENUE AGENT FOR INTERNAL REVENUE SERVICE
TERMINATED: 01/16/2018
DefendantRUDOLPH SCHUELE IN HIS CAPACITY AS REVENUE AGENT FOR INTERNAL REVENUE SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [10]
FOIA Project Annotation: A federal court in New Jersey has dismissed all of Macvest Group's claims against the IRS except for its FOIA claim. Dismissing Macvest's claim under the Administrative Procedure Act and the Mandamus Act, the court pointed out that "plaintiff's FOIA claim provided it with a complete and adequate remedy for the IRS's alleged wrongful withholding of information." The court also dismissed Macvest Group's Privacy Act claim, noting that "claims under the Privacy Act may only be brought by individuals. As a Delaware corporation, Plaintiff may not bring suit under the Privacy Act."
Issues: Litigation - Jurisdiction - Failure to State a Claim
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-10-271COMPLAINT against DEPARTMENT OF TREASURY, INTERNAL REVENUE SERVICE, BRIAN KNAUS, STEVEN TERNER MNUCHIN, RUDOLPH SCHUELE, UNITED STATES ( Filing and Admin fee $ 400 receipt number 0312-8200363), filed by MACVEST GROUP INC.. (Attachments: # 1 Civil Cover Sheet)(AGOSTINO, FRANK) (Entered: 10/27/2017)
2017-10-272Corporate Disclosure Statement by MACVEST GROUP INC. identifying THE MICHELE AND AGNESE CESTONE FOUNDATION as Corporate Parent.. (AGOSTINO, FRANK) (Entered: 10/27/2017)
2017-10-27Case Assigned to Judge Susan D. Wigenton and Magistrate Judge Leda D. Wettre. (ak, ) (Entered: 10/30/2017)
2017-11-033SUMMONS ISSUED as to DEPARTMENT OF TREASURY, INTERNAL REVENUE SERVICE, BRIAN KNAUS, STEVEN TERNER MNUCHIN, RUDOLPH SCHUELE, UNITED STATES OF AMERICA Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *SHEREE RAIMO* (sr, ) (Entered: 11/03/2017)
2017-11-164MOTION for Extension of Time to File Answer (Pursuant to Local Rule 6.1) by All Defendants. (WAGNER, NELSON) (Entered: 11/16/2017)
2017-11-17Clerk`s Text Order - The 4 Clerk's Extension of Time to Respond to the Complaint filed by INTERNAL REVENUE SERVICE, RUDOLPH SCHUELE, UNITED STATES OF AMERICA, STEVEN TERNER MNUCHIN, DEPARTMENT OF TREASURY, BRIAN KNAUS submitted by STEVEN TERNER MNUCHIN, INTERNAL REVENUE SERVICE, DEPARTMENT OF TREASURY, RUDOLPH SCHUELE, UNITED STATES OF AMERICA, BRIAN KNAUS has been GRANTED. The answer due date has been set for 12/22/17. (sr, ) (Entered: 11/17/2017)
2017-12-215MOTION to Dismiss Counts II through IV and All Defendants Except the Internal Revenue Service by All Defendants. Responses due by 1/2/2018 (Attachments: # 1 Brief, # 2 Text of Proposed Order)(WAGNER, NELSON) (Entered: 12/21/2017)
2017-12-216ANSWER to Complaint (Count I Only) by All Defendants.(WAGNER, NELSON) (Entered: 12/21/2017)
2017-12-27Set/Reset Deadlines as to 5 MOTION to Dismiss Counts II through IV and All Defendants Except the Internal Revenue Service . Motion set for 1/16/2018 before Judge Susan D. Wigenton. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, ) (Entered: 12/27/2017)
2018-01-027AFFIDAVIT in Opposition filed by MACVEST GROUP INC. re 5 MOTION to Dismiss Counts II through IV and All Defendants Except the Internal Revenue Service (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(AGOSTINO, FRANK) (Entered: 01/02/2018)
2018-01-028BRIEF in Opposition filed by MACVEST GROUP INC. re 5 MOTION to Dismiss Counts II through IV and All Defendants Except the Internal Revenue Service (AGOSTINO, FRANK) (Entered: 01/02/2018)
2018-01-099REPLY BRIEF to Opposition to Motion filed by All Defendants re 5 MOTION to Dismiss Counts II through IV and All Defendants Except the Internal Revenue Service (WAGNER, NELSON) (Entered: 01/09/2018)
2018-01-1610LETTER OPINION, etc. Signed by Judge Susan D. Wigenton on 1/16/2018. (JB, ) (Entered: 01/16/2018)
2018-01-1611ORDER Granting 5 MOTION to Dismiss Counts II through IV and All Defendants Except the Internal Revenue Service by All Defendants. It is further Ordered that Defendants United States of America, the Department of the treasury, Mnuchin, Knaus and Schuele are also dismissed from this action and it is further Ordered that Count One of the Complaint may proceed against IRS only. Signed by Judge Susan D. Wigenton on 1/16/2018. (JB, ) (Entered: 01/16/2018)
2018-01-1712LETTER ORDER - A Scheduling Conference is set for 3/7/2018 at 11:00 AM in Newark - Courtroom 3C before Magistrate Judge Leda D. Wettre.Signed by Magistrate Judge Leda D. Wettre on 1/17/2018. (kd) (Entered: 01/17/2018)
2018-03-0113Joint MOTION to Stay Case Deadlines Pending Completion of FOIA Disclosures by INTERNAL REVENUE SERVICE. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(WAGNER, NELSON) (Entered: 03/01/2018)
2018-03-02Set/Reset Deadlines as to 13 Joint MOTION to Stay Case Deadlines Pending Completion of FOIA Disclosures . Motion set for 4/2/2018 before Judge Susan D. Wigenton. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, ) (Entered: 03/02/2018)
2018-03-0515ORDER granting 13 Motion to Stay; that this case is stayed through May 31, 2018. A telephonic status conference shall take place before the undersigned on June 6, 2018, at 3:30 p.m.. Signed by Magistrate Judge Leda D. Wettre on 3/5/2018. (ld, ) (Entered: 03/06/2018)
2018-03-0614TEXT ORDER In view of the joint stay motion, the Rule 16 conference scheduled for March 7, 2018 is adjourned sine die. So Ordered by Magistrate Judge Leda D. Wettre on 3/6/18. (Wettre, Leda) (Entered: 03/06/2018)
2018-06-0116STATUS REPORT (Joint) by INTERNAL REVENUE SERVICE. (WAGNER, NELSON) (Entered: 06/01/2018)
2018-06-0617TEXT ORDER - Rescheduling a Telephone Conference from 6/6/2018 to 6/13/2018 at 11:30 am before Magistrate Judge Leda D. Wettre. Once all parties are on the phone, please call Chambers at (973) 645-3574.So Ordered by Magistrate Judge Leda D. Wettre on 6/6/2018. (kd) (Entered: 06/06/2018)
2018-06-13Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Telephone Conference held on 6/13/2018. (kd) (Entered: 06/13/2018)
2018-06-1318TEXT ORDER - A Telephone Conference is set for 9/4/2018 at 4:00 pm before Magistrate Judge Leda D. Wettre. Once all parties are on the phone, please call Chambers at (973) 645-3574. If the Government will be seeking to file a Summary Judgment Motion, a letter seeking pre-motion leave shall be filed 1 week in advance of the telephone conference.So Ordered by Magistrate Judge Leda D. Wettre on 6/13/2018. (kd) (Entered: 06/13/2018)
2018-08-2819Letter from Counsel for Internal Revenue Service Requesting Leave to File Motion for Summary Judgment. (WAGNER, NELSON) (Entered: 08/28/2018)
2018-09-04Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Telephone Conference held on 9/4/2018. (kd) (Entered: 09/04/2018)
2018-09-1020Letter from Plaintiff. (AGOSTINO, FRANK) (Entered: 09/10/2018)
2018-09-2721TEXT ORDER - A Settlement Conference is set for 11/2/2018 at 11:00 am in Newark - Courtroom 3C before Magistrate Judge Leda D. Wettre. Clients with full settlement authority should be physically present. Confidential settlement letters, which shall not exceed ten (10) pages absent leave from the Court, shall be sent to LDW_orders@njd.uscourts.gov at least three business days prior to the conference. Voluminous exhibits to settlement letters (exceeding 20 pages) will not be reviewed by the Court unless submitted in hard copy that is received by Chambers no later than three business days in advance of the settlement conference.So Ordered by Magistrate Judge Leda D. Wettre on 9/27/2018. (kd) (Entered: 09/27/2018)
2018-10-2522Letter from Defendant requesting consent relief from minute order re 21 Order,,. (WAGNER, NELSON) (Entered: 10/25/2018)
2018-10-2623ORDER the Internal Revenue Service be excused from the requirements of having a representative with full and complete settlement authority attend the settlement conference on November 2, 2018; that they be allowed to send instead its trial attorney.. Signed by Magistrate Judge Leda D. Wettre on 10/26/2018. (ld, ) (Entered: 10/26/2018)
2018-11-0124NOTICE by MACVEST GROUP INC. (AGOSTINO, FRANK) (Entered: 11/01/2018)
2018-11-0125TEXT ORDER - Per counsel's request, the settlement conference set for 11/2/2018 is adjourned. A Telephone Conference is set for 11/19/2018 at 12:00 pm before Magistrate Judge Leda D. Wettre. Once all parties are on the phone, please call Chambers at (973) 645-3574.So Ordered by Magistrate Judge Leda D. Wettre on 11/1/2018. (kd) (Entered: 11/01/2018)
2018-11-0226TEXT ORDER - A Telephone Conference is set for 11/27/2018 at 3:30 pm before Magistrate Judge Leda D. Wettre. Once all parties are on the phone, please call Chambers at (973) 645-3574.So Ordered by Magistrate Judge Leda D. Wettre on 11/2/2018. (kd) (Entered: 11/02/2018)
2018-11-0527TEXT ORDER - A Telephone Conference is set for 11/19/2018 at 12:00 pm before Magistrate Judge Leda D. Wettre. Once all parties are on the phone, please call Chambers at (973) 645-3574. Please disregard the conference set for 11/27/2018.So Ordered by Magistrate Judge Leda D. Wettre on 11/5/2018. (kd) (Entered: 11/05/2018)
2018-11-19Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Telephone Conference held on 11/19/2018. (kd) (Entered: 11/19/2018)
2018-11-1928ORDER SETTING In-Person Settlement Conference for 2/4/2019 10:00 AM in Newark - Courtroom 3C before Magistrate Judge Leda D. Wettre. etc. Signed by Magistrate Judge Leda D. Wettre on 11/19/2018. (dam, ) (Entered: 11/19/2018)
2019-01-2929Letter from Plaintiff's Counsel. (AGOSTINO, FRANK) (Entered: 01/29/2019)
2019-01-3130TEXT ORDER - Per counsel's request, the Settlement Conference set for 2/4/2019 to 3/25/2019 at 9:30 am in Newark - Courtroom 3C before Magistrate Judge Leda D. Wettre.So Ordered by Magistrate Judge Leda D. Wettre on 1/31/2019. (kd) (Entered: 01/31/2019)
2019-02-1931Letter from IRS Renewing Request for Relief re 28 Scheduling Order. (WAGNER, NELSON) (Entered: 02/19/2019)
2019-02-2532ORDER that the IRS be excused from the requirements of having a representative with full and complete settlement authority attend the settlement conference; be allowed to send instead its trial attorney; and that in the event the trial attorney determines that an offer should be recommended for review, the trial attorney would be allowed to contact the Chief of the Civil Trial Section for the Eastern Region by telephone. Signed by Magistrate Judge Leda D. Wettre on 2/25/2019. (sm) Modified on 2/26/2019 (sm). (Entered: 02/25/2019)
2019-03-1933Letter from Defendant Requesting One-Hour Delay of Settlement Conference re 30 Order. (WAGNER, NELSON) (Entered: 03/19/2019)
2019-03-2034ORDER that the settlement conference currently scheduled for 9:30 a.m. on 3/25/2019 is delayed one hour until 10:30 a.m. Signed by Magistrate Judge Leda D. Wettre on 3/20/2019. (sm) (Entered: 03/20/2019)
2019-03-25Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Settlement Conference held on 3/25/2019. (kd) (Entered: 03/25/2019)
2019-03-2535TEXT ORDER - A Telephone Conference is set for 4/10/2019 at 2:00 pm before Magistrate Judge Leda D. Wettre. Once all parties are on the phone, please call Chambers at (973) 645-3574.So Ordered by Magistrate Judge Leda D. Wettre on 3/25/2019. (kd) (Entered: 03/25/2019)
2019-04-0436Letter from Defendant with joint request to enter consent order. (Attachments: # 1 Text of Proposed Order)(WAGNER, NELSON) (Entered: 04/04/2019)
2019-04-0537CONSENT ORDER REGARDING FURTHER PROCEEDINGS that within 30 days of the date of the filing of this order, the IRS shall provide to Maevest Group, Inc. a supplemental of its unfiled declaration in support of its search for records responsive to the Freedom of Information Act request dated 2/20/2017, within 14 days of receiving the information described above, the Plaintiff shall file a letter stating any remaining issues that are directly related to the Service's search as described above; the telephonic conference call is set for 4/10/2019 at 2 p.m. is cancelled. The parties shall hold a status call with the undersigned magistrate judge on 6/3/2019 at 3:30 p.m., etc. Signed by Magistrate Judge Leda D. Wettre on 4/4/2019. (sm) (Entered: 04/05/2019)
2019-06-03Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Telephone Conference held on 6/3/2019. (kd) (Entered: 06/03/2019)
2019-06-0338Order Administratively Terminating Action - 60 Day, Pending Consummation of Settlement. Administrative Termination deadline set for 8/2/2019. Signed by Magistrate Judge Leda D. Wettre on 6/3/2019. (sm) (Entered: 06/03/2019)
2019-08-0639ORDER OF DISMISSAL that the Clerk of the Court shall reopen the case and make a new and separate docket entry reading "Civil Case Reopened" and this matter is Dismissed With Prejudice and without costs. Signed by Judge Susan D. Wigenton on 8/6/2019. (sm) (Entered: 08/07/2019)
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