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Case TitlePOWELL v. INTERNAL REVENUE SERVICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00278
Date Filed2017-02-13
Date Closed2019-09-06
JudgeJudge James E. Boasberg
PlaintiffWILLIAM E. POWELL
DefendantINTERNAL REVENUE SERVICE
DefendantU.S. DEPARTMENT OF JUSTICE
DefendantUNITED STATES ATTORNEY
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
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Date FiledDoc #Docket Text

2017-02-131COMPLAINT against INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY filed by WILLIAM E. POWELL. (Attachments: # 1 Civil Cover Sheet)(td) (Entered: 02/14/2017)
2017-02-132NOTICE OF RELATED CASE. Case related to Case No. 16-1682 JEB. (td) (Entered: 02/14/2017)
2017-02-133MOTION for Leave to Proceed in forma pauperis by WILLIAM E. POWELL (td) (Entered: 02/14/2017)
2017-02-13FIAT ORDER granting 3 Motion for Leave to Proceed in forma pauperis. Signed by Judge Emmet G. Sullivan on 2/9/17. (td) (Entered: 02/14/2017)
2017-02-274SUMMONS Issued as to INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (zsb) (Entered: 02/27/2017)
2017-02-275MOTION for CM/ECF Password by WILLIAM E. POWELL (td) (Entered: 03/01/2017)
2017-03-01MINUTE ORDER: The Court ORDERS that Plaintiff's 5 Motion for CM/ECF Password is GRANTED provided that he satisfies any requirements of the Clerk's Office. Signed by Judge James E. Boasberg on 3/1/17. (lcjeb2) (Entered: 03/01/2017)
2017-03-316RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 3/29/2017; UNITED STATES ATTORNEY served on 3/29/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/29/17., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/29/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 5/28/2017.) (td) (Entered: 04/03/2017)
2017-04-277RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. INTERNAL REVENUE SERVICE served on 4/26/17 (td) Modified date filed on 4/28/2017 (td). (Entered: 04/28/2017)
2017-05-308MOTION to Dismiss for Lack of Jurisdiction by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 05/30/2017)
2017-05-319ORDER DIRECTING Plaintiff to respond to Defendants' 8 Motion to Dismiss no later than June 21, 2017. Signed by Judge James E. Boasberg on 5/31/17.(lcjeb2) (Entered: 05/31/2017)
2017-05-31Set/Reset Deadlines: Responses due by 6/21/2017. (nbn) (Entered: 05/31/2017)
2017-06-0110First MOTION to Amend/Correct COMPLAINT by WILLIAM E. POWELL (POWELL, WILLIAM) (Entered: 06/01/2017)
2017-06-01MINUTE ORDER: The Court ORDERS that: 1) Plaintiff's 10 Motion to Amend is GRANTED inasmuch as Fed. R. Civ. P. 15 permits such amendment by right; 2) Plaintiff shall file any First Amended Complaint by June 15, 2017; and 3) Defendant's 8 Motion to Dismiss is DENIED WITHOUT PREJUDICE as moot. Plaintiff is advised, however, that in filing his First Amended Complaint, he should bear in mind that criminal statutes are unlikely to create a private right of action, and Section 6103 of Title 26 does not provide an independent basis for compelling the disclosure of tax-return records. Signed by Judge James E. Boasberg on 6/1/17. (lcjeb2) (Entered: 06/01/2017)
2017-06-01Set/Reset Deadlines: Amended Complaint due by 6/15/2017. (nbn) (Entered: 06/02/2017)
2017-06-0511AMENDED COMPLAINT FIRST AMENDED COMPLAINT against INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit Continuation of Exhibit B, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit Continuation of Exhibit SS, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit)(POWELL, WILLIAM) (Entered: 06/05/2017)
2017-06-1612MOTION for Extension of Time to File Answer to Amended Complaint by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 06/16/2017)
2017-06-19MINUTE ORDER GRANTING Defendants' 12 Motion for Extension of Time to Answer. The Court ORDERS that Defendants shall respond to the Amended Complaint on or before August 4, 2017. Signed by Judge James E. Boasberg on 6/19/17. (lcjeb2) (Entered: 06/19/2017)
2017-06-19Set/Reset Deadlines: Responses due by 8/4/2017. (nbn) (Entered: 06/19/2017)
2017-06-2313ENTERED IN ERROR.....CONSENT TO THE FILING OF AN AMENDED COMPLAINT by WILLIAM E. POWELL. (POWELL, WILLIAM) Modified on 6/26/2017 (znmw). (Entered: 06/23/2017)
2017-06-2314MOTION to Amend/Correct 13 Consent to Amended Complaint SECOND AMENDED COMPLAINT by WILLIAM E. POWELL (POWELL, WILLIAM) (Entered: 06/23/2017)
2017-06-26NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry 13 Consent to Amended Complaint was entered in error and refiled as Docket Entry 14 Motion to Amend/Correct. (znmw) (Entered: 06/26/2017)
2017-07-0315Memorandum in opposition to re 14 MOTION to Amend/Correct 13 Consent to Amended Complaint SECOND AMENDED COMPLAINT filed by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY. (Attachments: # 1 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 07/03/2017)
2017-07-0316MOTION to Amend/Correct SECOND AMENDED COMPLAINT by WILLIAM E. POWELL (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit CONTINUATION OF EXHIBIT B, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit CONTINUATION OF EXHIBIT HH, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit CONTINUATION OF EXHIBIT SS, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit FOR EXHIBITS BETWEEN W4 THROUGH W9, # 35 Exhibit FOR EXHIBITS BETWEEN W4 THROUGH W9, # 36 CONTINUATION FROM SUPPORTING DOCUMENTS)(POWELL, WILLIAM) Modified to switch motion to the main document on 7/5/2017 (znmw). (Entered: 07/03/2017)
2017-07-03MINUTE ORDER: The Court ORDERS that Plaintiff's 14 Motion to Amend is DENIED as moot given his subsequent 16 Motion to Amend. Signed by Judge James E. Boasberg on 7/3/17. (lcjeb2) (Entered: 07/03/2017)
2017-07-1817MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion to Amend Complaint by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 07/18/2017)
2017-07-1918RESPONSE re 17 MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion to Amend Complaint PLANTIFFS OPPOSITION TO DEFENDANTS EXTENSION OF TIME filed by WILLIAM E. POWELL. (Attachments: # 1 Exhibit Email Correspondence)(POWELL, WILLIAM) (Entered: 07/19/2017)
2017-07-20MINUTE ORDER GRANTING Defendant's 17 Motion for Extension of Time to File. The Court ORDERS that Defendant shall file its opposition to Plaintiff's Motion to File a Second Amended Complaint on or before July 28, 2017. Signed by Judge James E. Boasberg on 7/20/17. (lcjeb2) Modified on 7/20/2017 (nbn). (Entered: 07/20/2017)
2017-07-20Set/Reset Deadlines: Opposition due by 7/28/2017. (nbn) (Entered: 07/20/2017)
2017-07-2819Memorandum in opposition to re 16 MOTION to Amend/Correct SECOND AMENDED COMPLAINT filed by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY. (Attachments: # 1 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 07/28/2017)
2017-08-0420MOTION to Stay Proceedings by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 08/04/2017)
2017-08-07MINUTE ORDER GRANTING Defendant's 20 Motion to Stay. The Court ORDERS that the case is STAYED until seven days days after it has decidedPlaintiff's Motion for Leave to File a Second Amended Complaint. Signed by Judge James E. Boasberg on 8/7/17. (lcjeb2) (Entered: 08/07/2017)
2017-08-07Case Stayed (nbn) (Entered: 08/07/2017)
2017-08-1721MEMORANDUM OPINION AND ORDER GRANTING Plaintiff's 16 Motion to Amend. The COURT ORDERS that Defendants shall file a response to the Second Amended Complaint by August30, 2017. Signed by Judge James E. Boasberg on 8/17/17. (lcjeb2) Modified event title on 8/18/2017 (znmw). (Entered: 08/17/2017)
2017-08-17Set/Reset Deadlines: Responses due by 8/30/2017. (nbn) (Entered: 08/17/2017)
2017-08-1722SECOND AMENDED COMPLAINT against INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY filed by WILLIAM E. POWELL. (See Docket Entry 16 to view exhibits to Second Amended Complaint). (znmw) (Entered: 08/18/2017)
2017-08-3023ANSWER to 22 Amended Complaint by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY. Related document: 22 Amended Complaint filed by WILLIAM E. POWELL.(Peyton, Joycelyn) (Entered: 08/30/2017)
2017-08-30MINUTE ORDER: The Court ORDERS that the parties shall meet, confer, and propose a joint briefing schedule by September 13, 2017. Signed by Judge James E. Boasberg on 8/30/2017. (lcjeb2) (Entered: 08/30/2017)
2017-08-30Set/Reset Deadlines: Brief due by 9/13/2017. (nbn) (Entered: 08/31/2017)
2017-09-1324PROPOSED BRIEFING SCHEDULE (Joint) by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY. (Peyton, Joycelyn) (Entered: 09/13/2017)
2017-09-1925MINUTE ORDER: The Court ORDERS that the Government shall file a status report by October 30, 2017, following which the Court will determine if the setting of a briefing schedule is then appropriate. Signed by Judge James E. Boasberg on 9/19/2017. (lcjeb2) (Entered: 09/19/2017)
2017-09-19Set/Reset Deadlines: Status Report due by 10/30/2017. (nbn) (Entered: 09/19/2017)
2017-10-2326MOTION for Leave to File Supplemental Pleading filed by WILLIAM E. POWELL. (Attachments: # 1 Supplement, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit SUPPORTING DOCUMENTS MAILED WITH EXHBIT A, B.C, # 6 Exhibit SUPPORTING DOCUMNENT CONTINUATION, # 7 Exhibit SUPPORTING DOCUMENTS CONTINUATION)(POWELL, WILLIAM) Modified event title on 11/7/2017 (znmw). (Entered: 10/23/2017)
2017-10-3027STATUS REPORT by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY. (Attachments: # 1 Exhibit A, June 10 Request, # 2 Exhibit B, June 12 Request, # 3 Exhibit C, June 14 Request, # 4 Exhibit D, June 19 Request, # 5 Exhibit E, June 26 Request, # 6 Exhibit F, June 2017 Request Chart)(Peyton, Joycelyn) (Entered: 10/30/2017)
2017-10-30MINUTE ORDER: Per Defendant's 27 Status Report, the Court ORDERS that Defendant shall file a further status report regarding the status of the case and the need for a briefing schedule to determine any remaining issues on or before December 11, 2017. So ORDERED by Judge James E. Boasberg on 10/30/2017. (lcjeb2) (Entered: 10/30/2017)
2017-10-30Set/Reset Deadlines: Joint Status Report due by 12/11/2017. (nbn) (Entered: 10/31/2017)
2017-11-0628RESPONSE re 26 MOTION for Leave to File Supplemental Pleading filed by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY. (Peyton, Joycelyn) Modified to add link on 11/7/2017 (znmw). (Entered: 11/06/2017)
2017-11-06MINUTE ORDER: In light of Defendant's 28 Response, the Court ORDERS that Plaintiff's 26 Motion to File Supplemental Pleading is GRANTED. So ORDERED by Judge James E. Boasberg on 11/06/2017. (lcjeb2) (Entered: 11/06/2017)
2017-11-0629SUPPLEMENT filed by WILLIAM E. POWELL. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(znmw) (Entered: 11/07/2017)
2017-11-2130REPLY re 29 Supplemental Memorandum / Answer to Supplement to Second Amended Complaint filed by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY. (Peyton, Joycelyn) (Entered: 11/21/2017)
2017-12-1131Second STATUS REPORT by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY. (Peyton, Joycelyn) (Entered: 12/11/2017)
2017-12-11MINUTE ORDER: Per Defendant's 31 Status Report, the Court ORDERS that Defendant provide the Court with a final written status report on or before February 12, 2018, regarding the status of the case, and the need for a briefing schedule to determine any remaining issues. So ORDERED by Judge James E. Boasberg on 12/11/2017. (lcjeb2) (Entered: 12/11/2017)
2017-12-11Set/Reset Deadlines: Status Report due by 2/12/2018 (nbn) (Entered: 12/12/2017)
2017-12-2034MOTION for Leave to File SUPPLEMENTAL PLEADING by WILLIAM E. POWELL (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(POWELL, WILLIAM) (Entered: 12/20/2017)
2017-12-20MINUTE ORDER: The Court ORDERS that Plaintiff's [32, 33] Ex Parte Motions for Leave to File are DENIED WITHOUT PREJUDICE. There is no basis for an ex parte filing, and these also appear duplicative of ECF No. 34, which has been properly filed. So ORDERED by Judge James E. Boasberg on 12/20/2017. (lcjeb2) (Entered: 12/20/2017)
2018-01-0235MOTION for Extension of Time to File Response/Reply as to 34 MOTION for Leave to File SUPPLEMENTAL PLEADING by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 01/02/2018)
2018-01-02Set/Reset Deadlines: Responses due by 1/28/2018. (znbn) (Entered: 01/04/2018)
2018-01-03MINUTE ORDER GRANTING Defendant's 35 Motion for Extension of Time to File Response/Reply. The Court ORDERS that Defendant shall file its response to Plaintiff's 34 Motion for Leave to File Supplemental Complaint on or before January 23, 2018. So ORDERED by Judge James E. Boasberg on 1/03/2018. (lcjeb2) (Entered: 01/03/2018)
2018-01-2236MOTION to Stay Proceedings in Light of Lapse of Appropriations by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Peyton, Joycelyn) (Main Document 36 replaced on 1/23/2018) (znmw). (Entered: 01/22/2018)
2018-01-23MINUTE ORDER DENYING as MOOT 36 Motion to Stay. So ORDERED by Judge James E. Boasberg on 1/23/2018. (lcjeb2) (Entered: 01/23/2018)
2018-01-2337Memorandum in opposition to re 34 MOTION for Leave to File SUPPLEMENTAL PLEADING filed by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY. (Attachments: # 1 Exhibit A, Declaration of W. White, # 2 Exhibit B, November 1 Request A, # 3 Exhibit C, November 1 Request B, # 4 Exhibit D, November 7 Request, # 5 Exhibit E, Declaration of J. Peyton)(Peyton, Joycelyn) (Entered: 01/23/2018)
2018-01-2838WITHDRAWN PURSUANT TO NOTICE FILED 1/29/2018.....REPLY to opposition to motion re 34 MOTION for Leave to File SUPPLEMENTAL PLEADING filed by WILLIAM E. POWELL. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(POWELL, WILLIAM) Modified on 1/30/2018 (znmw). (Entered: 01/28/2018)
2018-01-2939REPLY to opposition to motion re 34 MOTION for Leave to File SUPPLEMENTAL PLEADING filed by WILLIAM E. POWELL. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(POWELL, WILLIAM) (Entered: 01/29/2018)
2018-01-2940NOTICE REQUEST TO WITHDRAW DOCUMENTS by WILLIAM E. POWELL re 38 Reply to opposition to Motion (POWELL, WILLIAM) (Entered: 01/29/2018)
2018-02-0641ORDER denying 34 Motion for Leave. Signed by Judge James E. Boasberg on 2/6/2018.(lcjeb2) (Entered: 02/06/2018)
2018-02-1242STATUS REPORT by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY. (Peyton, Joycelyn) (Entered: 02/12/2018)
2018-02-12MINUTE ORDER: Pursuant to the parties' 42 Joint Status Report, the Court ORDERS that they shall file a joint proposed briefing schedule on or before February 28, 2017. So ORDERED by Judge James E. Boasberg on 2/12/2018. (lcjeb2) (Entered: 02/12/2018)
2018-02-12Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 2/28/2018. (nbn) (Entered: 02/13/2018)
2018-02-2843PROPOSED BRIEFING SCHEDULE (Joint) by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY. (Peyton, Joycelyn) (Entered: 02/28/2018)
2018-03-01MINUTE ORDER: Per the parties' 43 Joint Proposed Briefing Schedules, the Court ORDERS that: (1) Defendant's motion for summary judgment, or other dispositive motion shall be due on or before April 16, 2018; (2) Plaintiff's opposition and cross-motion for summary judgment shall be due on or before April 30, 2018; (3) Defendant's reply and opposition shall be due on or before May 14, 2018; and (4) Plaintiff's reply shall be due on or before May 29, 2018. So ORDERED by Judge James E. Boasberg on 3/1/2018. (lcjeb2) (Entered: 03/01/2018)
2018-03-01Set/Reset Deadlines: Summary Judgment motions due by 4/16/2018. Response to Motion for Summary Judgment due by 4/30/2018. Reply to Motion for Summary Judgment due by 5/14/2018. Plaintiff's Reply due by 5/29/2018. (lsj) (Entered: 03/01/2018)
2018-04-1644MOTION to Dismiss for Lack of Jurisdiction Certain Privacy Act Claims , MOTION to Dismiss as Moot Certain Privacy Act and FOIA Claims , MOTION for Summary Judgment as to Remaining Claims by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY (Attachments: # 1 Memorandum in Support, # 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 Declaration of W. White, # 11 White Decl. Attachment 1, # 12 Declaration of J. Gerdy Zogby, # 13 Statement of Facts, # 14 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 04/16/2018)
2018-04-3045STRICKEN PURSUANT TO MINUTE ORDER FILED 4/30/18. . . . .RESPONSE re 44 MOTION to Dismiss for Lack of Jurisdiction Certain Privacy Act Claims MOTION to Dismiss as Moot Certain Privacy Act and FOIA Claims MOTION for Summary Judgment as to Remaining Claims filed by WILLIAM E. POWELL. (Attachments: # 1 TABLE OF EXHIBITS, # 2 Exhibit Exhibit A, # 3 Exhibit EXHIBIT B, # 4 Exhibit EXHIBIT C, # 5 Exhibit EXHIBIT D, # 6 Exhibit CONTINUATION OF EXHIBIT D, # 7 Exhibit EXHIBIT E, # 8 Exhibit EXHIBIT F, # 9 Exhibit CONTINUATION OF EXHIBIT F, # 10 Exhibit EXHIBIT g)(POWELL, WILLIAM) Modified on 5/1/2018 (ztd). (Entered: 04/30/2018)
2018-04-30MINUTE ORDER: Although the Court has permitted pro se Plaintiff some leeway in the past, he continues to violates Local Civil Rule 5.1(d) regarding footnotes. The Court, accordingly, ORDERS that: 1) His 45 Response is STRICKEN; and 2) Plaintiff may file a renewed Response by May 3, 2018, that contains no more than 10 footnotes with an aggregate of 50 lines of text all in 12-pt. font. So ORDERED by Judge James E. Boasberg on 4/30/2018. (lcjeb2) (Entered: 04/30/2018)
2018-04-30Set/Reset Deadlines: Responses due by 5/3/2018. (znbn) (Entered: 04/30/2018)
2018-05-0146RESPONSE re 44 MOTION to Dismiss for Lack of Jurisdiction Certain Privacy Act Claims MOTION to Dismiss as Moot Certain Privacy Act and FOIA Claims MOTION for Summary Judgment as to Remaining Claims filed by WILLIAM E. POWELL. (Attachments: # 1 Exhibit TABLE OF EXHIBITS, # 2 Exhibit Exhibit A, # 3 Exhibit EXHIBIT B, # 4 Exhibit EXHIBIT C, # 5 Exhibit EXHIBIT D, # 6 Exhibit CONTINUATION OF EXHIBIT D, # 7 Exhibit EXHIBIT E, # 8 Exhibit EXHIBIT F, # 9 Exhibit CONTINUATION OF EXHIBIT F, # 10 Exhibit EXHIBIT G)(POWELL, WILLIAM) (Entered: 05/01/2018)
2018-05-1547MOTION for Extension of Time to File Response/Reply by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 05/15/2018)
2018-05-15MINUTE ORDER GRANTING 47 Motion for Extension of Time to File Response/Reply. The Court ORDERS that Defendants shall file their Reply to Plaintiff's Opposition on or before May 20, 2018. So ORDERED by Judge James E. Boasberg on 5/15/2018. (lcjeb2) (Entered: 05/15/2018)
2018-05-2148REPLY re 46 Response to motion,, re Opposition to Defendant's Motion to Dismiss and Motion for Summary Judgment filed by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY. (Attachments: # 1 Supplement Declaration of W. White)(Peyton, Joycelyn) (Entered: 05/21/2018)
2018-05-2949STRICKEN PURSUANT TO THE ORDER FILED 5/30/2018.....REPLY to opposition to motion re 44 MOTION to Dismiss for Lack of Jurisdiction Certain Privacy Act Claims MOTION to Dismiss as Moot Certain Privacy Act and FOIA Claims MOTION for Summary Judgment as to Remaining Claims filed by WILLIAM E. POWELL. (POWELL, WILLIAM) Modified on 5/30/2018 (znbn). (Entered: 05/29/2018)
2018-05-30MINUTE ORDER: The Court ORDERS that Plaintiff's 49 pleading dubbed "Reply" is STRICKEN, as it is actually a sur-reply, which is not permitted absent leave of court. So ORDERED by Judge James E. Boasberg on 5/30/2018. (lcjeb2) (Entered: 05/30/2018)
2018-06-14MINUTE ORDER: The Court ORDERS that Plaintiff may file a brief limited to five pages addressing only the new argument made in the Government's 48 Reply at Section D (pp. 8-9) by June 21, 2018. So ORDERED by Judge James E. Boasberg on 6/14/2018. (lcjeb2) (Entered: 06/14/2018)
2018-06-14Set/Reset Deadlines: Reply due by 6/21/2018. (znbn) (Entered: 06/14/2018)
2018-06-2150SURREPLY to 48 PLAINTIFFS BRIEF REPLYING TO DEFENDANTS MOTION TO DISMISS AND MOTION FOR SUMMRY JUDGMENT REFERENCING SECTION D ON PAGE 8-9. filed by WILLIAM E. POWELL. (POWELL, WILLIAM) Modified add linkage on 6/22/2018 (ztd). (Entered: 06/21/2018)
2018-07-0551ORDER GRANTING IN PART and DENYING IN PART Defendant's 44 Motion to Dismiss/Motion for Summary Judgment. The Court ORDERS that: 1) All claims in the First Amended Complaint are DISMISSED WITHOUT PREJUDICE, with the exception of the request for the Powell Printing Companys 1989 corporate tax return; 2) All claims in the Second Amended Complaint and Supplemental Complaint are DISMISSED WITHOUT PREJUDICE, with the exception of the adequacy of the search for the original Form 706 from the William A. Powell Estate; and 3) The parties shall meet and confer and submit a further joint proposed briefing schedule by July 19, 2018. Signed by Judge James E. Boasberg on 7/5/18. (lcjeb1) (Entered: 07/05/2018)
2018-07-0552MEMORANDUM AND OPINION re 51 Order. Signed by Judge James E. Boasberg on 7/5/18. (lcjeb1) (Entered: 07/05/2018)
2018-07-05Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 7/19/2018. (znbn) (Entered: 07/06/2018)
2018-07-0953MOTION for Reconsideration re 52 Order, Memorandum & Opinion by WILLIAM E. POWELL (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(POWELL, WILLIAM) (Entered: 07/09/2018)
2018-07-1254MOTION to Stay by WILLIAM E. POWELL (POWELL, WILLIAM) (Entered: 07/12/2018)
2018-07-1255MOTION to Amend/Correct 54 MOTION to Stay by WILLIAM E. POWELL (POWELL, WILLIAM) (Entered: 07/12/2018)
2018-07-13MINUTE ORDER: The Court ORDERS that Plaintiff's [54, 55] Motions to Stay are DENIED; there is no cause to do so while the Court considers Plaintiff's motion for reconsideration. So ORDERED by Judge James E. Boasberg on 7/13/2018. (lcjeb2) (Entered: 07/13/2018)
2018-07-1656MOTION to Clarify re 51 Order on Motion to Dismiss/Lack of Jurisdiction,,,,,, Order on Motion for Summary Judgment,, or In the Alternative , MOTION for Reconsideration re 51 Order on Motion to Dismiss/Lack of Jurisdiction,,,,,, Order on Motion for Summary Judgment,, by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY (Peyton, Joycelyn) (Entered: 07/16/2018)
2018-07-1657CERTIFICATE OF SERVICE by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY re 56 MOTION to Clarify re 51 Order on Motion to Dismiss/Lack of Jurisdiction,,,,,, Order on Motion for Summary Judgment,, or In the Alternative MOTION for Reconsideration re 51 Order on Motion to Dismiss/Lack of Jurisdiction,,,,,, Order on Motion for Summary Judgment,, . (Peyton, Joycelyn) (Entered: 07/16/2018)
2018-07-1958PROPOSED BRIEFING SCHEDULE (Joint) by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY. (Peyton, Joycelyn) (Entered: 07/19/2018)
2018-07-2059Memorandum in opposition to re 53 MOTION for Reconsideration re 52 Order, Memorandum & Opinion filed by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY. (Peyton, Joycelyn) (Entered: 07/20/2018)
2018-07-20MINUTE ORDER: In response to the parties' 58 proposed schedule, the Court ORDERS that Defendant's motion for summary judgment shall be due by September 17, 2018, with Plaintiff's opposition/cross-motion due by October 1, 2018, Defendant's opposition/reply by October 15, 2018, and Plaintiff's reply by October 22, 2018. So ORDERED by Judge James E. Boasberg on 7/20/2018. (lcjeb2) (Entered: 07/20/2018)
2018-07-20Set/Reset Deadlines: Summary Judgment motions due by 9/17/2018. Response to Motion for Summary Judgment due by 10/1/2018. Reply to Motion for Summary Judgment due by 10/15/2018. Replies due by 10/22/2018. (znbn) (Entered: 07/23/2018)
2018-07-2260REPLY to opposition to motion re 53 MOTION for Reconsideration re 52 Order, Memorandum & Opinion filed by WILLIAM E. POWELL. (POWELL, WILLIAM) (Entered: 07/22/2018)
2018-07-2361REPLY to opposition to motion re 56 MOTION to Clarify re 51 Order on Motion to Dismiss/Lack of Jurisdiction,,,,,, Order on Motion for Summary Judgment,, or In the Alternative MOTION for Reconsideration re 51 Order on Motion to Dismiss/Lack of Jurisdiction,,,,,, Order on Motion for Summary Judgment,, filed by WILLIAM E. POWELL. (POWELL, WILLIAM) (Entered: 07/23/2018)
2018-07-2662ORDER GRANTING Defendant's 56 Motion to Clarify and DENYING Defendant's 56 Motion for Reconsideration. The Court ORDERS that Defendant establish that it adequately searched for Plaintiff's K-1 information, which includes a search for the original William A. Powell Estate Form 706. Signed by Judge James E. Boasberg on 7/26/18. (lcjeb1) Modified on 7/27/2018 (zlsj). (Entered: 07/26/2018)
2018-09-1263ORDER GRANTING IN PART and DENYING IN PART Plaintiff's 53 Motion for Reconsideration. Signed by Judge James E. Boasberg on 9/12/2018. (lcjeb2) (Entered: 09/12/2018)
2018-09-1764MOTION for Reconsideration re 63 Order on Motion for Reconsideration by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 09/17/2018)
2018-09-1765MOTION to Stay Briefing Schedule , MOTION for Extension of Time to file Motion for Summary Judgment by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 09/17/2018)
2018-09-1766ENTERED IN ERROR.....REPLY to opposition to motion re 64 MOTION for Reconsideration re 63 Order on Motion for Reconsideration filed by WILLIAM E. POWELL. (POWELL, WILLIAM) Modified on 9/25/2018 (zjf). (Entered: 09/17/2018)
2018-09-1867OPPOSITION to motion re 64 MOTION for Reconsideration re 63 Order on Motion for Reconsideration CORRECTED filed by WILLIAM E. POWELL. (POWELL, WILLIAM) Modified on 9/25/2018 to correct docket event/text (jf). (Entered: 09/18/2018)
2018-09-18MINUTE ORDER: The Court GRANTS Defendant's 65 Motion to Stay Briefing Schedule and ORDERS that the parties shall file a new joint proposed briefing schedule within 14 days of the Court's ruling on Defendant's 64 Motion for Reconsideration. So ORDERED by Judge James E. Boasberg on 9/18/2018. (lcjeb2) (Entered: 09/18/2018)
2018-09-25NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 66 Reply to opposition to Motion was entered in error and refiled as docket entry 67 by Plaintiff (jf) (Entered: 09/25/2018)
2018-10-09MINUTE ORDER: The Court ORDERS that the Government's 64 Motion for Reconsideration is DENIED. The Internal Revenue Service never explained in its original Motion to Dismiss why Plaintiff, whose deceased father is the only child of Plaintiff's grandfather, is not next of kin to his grandfather. The briefing and, admittedly, this Court's Memorandum Opinion focused on the Andrew Powell Estate and the Andrew Powell Printing Co., not on Andrew Powell the individual. The Court believes that Plaintiff initially provided sufficient information to show he is next of kin and is entitled to the records regarding Andrew Powell as individual. So ORDERED by Judge James E. Boasberg on 10/9/2018. (lcjeb2) (Entered: 10/09/2018)
2018-10-2368PROPOSED BRIEFING SCHEDULE (Joint) by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY. (Peyton, Joycelyn) (Entered: 10/23/2018)
2018-10-23MINUTE ORDER: The Court ADOPTS the parties' 68 Joint Proposed Briefing Schedule and ORDERS that: 1) Defendant shall file its motion for summary judgment or other dispositive motion by December 7, 2018; 2) Plaintiff shall file its opposition to Defendant's motion and any cross-motion for summary judgment by January 7, 2019; 3) Defendant shall file its reply in support of its motion and opposition to Plaintiff's cross-motion by January 21, 2019; and 4) Plaintiff shall file its reply in support of its motion by February 4, 2019. So ORDERED by Judge James E. Boasberg on 10/23/2018. (lcjeb2) (Entered: 10/23/2018)
2018-10-23Set/Reset Deadlines: Summary Judgment motions due by 12/7/2018. Response to Motion for Summary Judgment due by 1/7/2019. Reply to Motion for Summary Judgment due by 1/21/2019. Replies due by 2/4/2019. (znbn) (Entered: 10/24/2018)
2018-12-0469MOTION for Extension of Time to extend briefing schedule by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(Banerjee, Carmen) (Entered: 12/04/2018)
2018-12-0570RESPONSE re 69 MOTION for Extension of Time to extend briefing schedule filed by WILLIAM E. POWELL. (POWELL, WILLIAM) (Entered: 12/05/2018)
2018-12-06MINUTE ORDER: The Court GRANTS Defendant's 69 Motion for Extension of Time and ORDERS that: 1) Defendant shall file its motion for summary judgment or other dispositive motion by January 30, 2019; 2) Plaintiff shall file his opposition to Defendant's motion and any cross-motion for summary judgment by February 19, 2019; 3) Defendant shall file its reply in support of its motion by March 1, 2019, but if Plaintiff files a cross-motion, Defendant shall filed a combined reply and opposition to Plaintiff's cross-motion by March 4, 2019; and 4) Plaintiff shall file his reply in support of any cross-motion by March 11, 2019. So ORDERED by Judge James E. Boasberg on 12/6/2018. (lcjeb2) (Entered: 12/06/2018)
2018-12-06Set/Reset Deadlines: Summary Judgment motions due by 1/30/2018. Response to Motion for Summary Judgment due by 2/19/2019. Reply to Motion for Summary Judgment due by 3/1/2019. Defendant shall filed a combined reply and opposition to Plaintiff's cross-motion due by 3/4/2019. Plaintiff shall file his reply in support of any cross-motion by 3/11/2019. (znbn) (Entered: 12/06/2018)
2018-12-2671Consent MOTION to Stay of Proceedings In Light of Lapse of Appropriations by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 12/26/2018)
2018-12-26MINUTE ORDER GRANTING Defendants' 71 Motion to Stay. So ORDERED by Judge James E. Boasberg on 12/26/2018. (lcjeb2) (Entered: 12/26/2018)
2019-01-2972NOTICE of Restoration of Appropriations to DOJ and IRS by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY (Peyton, Joycelyn) (Entered: 01/29/2019)
2019-01-29MINUTE ORDER ADOPTING 72 Notice of Restoration of Appropriations. The Court ORDERS that: 1) Defendant shall file its motion for summary judgment by March 6, 2019; 2) Plaintiff shall file his opposition to Defendant's motion and any cross-motion for summary judgment by March 26, 2019; 3) Defendant shall file its reply in support of its motion by April 5, 2019, but if Plaintiff files a cross-motion, Defendant shall file a combined reply and opposition to Plaintiff's cross-motion by April 8, 2019; and 4) Plaintiff shall file his reply in support of any cross-motion by April 15, 2019. So ORDERED by Judge James E. Boasberg on 1/29/2019. (lcjeb1) (Entered: 01/29/2019)
2019-01-29Set/Reset Deadlines: Summary Judgment motions due by 3/6/2019. Response to Motion for Summary Judgment due by 4/5/2019. Reply to Motion for Summary Judgment due by 4/8/2019. Replies due by 4/15/2019. (znbn) (Entered: 01/30/2019)
2019-02-27MINUTE ORDER: As discussed in today's conference call from chambers and with the parties' consent, the Court ORDERS that: 1) The case is STAYED until further Order of the Court; and 2) The parties shall submit a joint status report regarding the progress of their negotiations by March 29, 2019. So ORDERED by Judge James E. Boasberg on 2/27/2019. (lcjeb1) (Entered: 02/27/2019)
2019-02-27Set/Reset Deadlines: Joint Status Report due by 3/29/2019. (znbn) (Entered: 02/28/2019)
2019-02-27Case Stayed. (znbn) (Entered: 02/28/2019)
2019-03-2973Joint STATUS REPORT by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY. (Peyton, Joycelyn) (Entered: 03/29/2019)
2019-04-0174RESPONSE re 73 Joint STATUS REPORT filed by WILLIAM E. POWELL. (POWELL, WILLIAM) Modified text and added docket entry relationship on 4/1/2019 (tth). (Entered: 04/01/2019)
2019-04-01MINUTE ORDER: Per the parties' 73 Status Report, the Court ORDERS that they shall file a further Joint Status Report by April 22, 2019. So ORDERED by Judge James E. Boasberg on 4/1/2019. (lcjeb2) (Entered: 04/01/2019)
2019-04-01Set/Reset Deadlines: Joint Status Report due by 4/22/2019. (znbn) (Entered: 04/01/2019)
2019-04-0375REPLY re 74 Response to Document Plaintiff's Opposition to Joint Status Report filed by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY. (Attachments: # 1 Attachment 1)(Peyton, Joycelyn) (Entered: 04/03/2019)
2019-04-2276Joint STATUS REPORT by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY. (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3, # 4 Attachment 4, # 5 Attachment 5, # 6 Attachment 6)(Peyton, Joycelyn) (Entered: 04/22/2019)
2019-04-23MINUTE ORDER: In light of the parties' 76 Joint Status Report, the Court ORDERS that: 1) The Stay is LIFTED; and 2) The parties shall submit a joint proposed briefing schedule by May 1, 2019. So ORDERED by Judge James E. Boasberg on 4/23/2019. (lcjeb2) (Entered: 04/23/2019)
2019-04-23Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 5/1/2019. (znbn) (Entered: 04/24/2019)
2019-05-0177PROPOSED BRIEFING SCHEDULE (Joint) by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY. (Peyton, Joycelyn) (Entered: 05/01/2019)
2019-05-02MINUTE ORDER: The Court ADOPTS Defendant's proposed schedule contained in the parties' 77 submission and ORDERS that: 1) Defendant shall file its motion for summary judgment or other dispositive motion by July 1, 2019; 2) Plaintiff shall file his opposition to Defendant's motion and cross-motion for summary judgment by July 31, 2019; 3) Defendant shall file its opposition to Plaintiff's cross-motion and reply in support of its motion by August 15, 2019; and 4) Plaintiff shall file his reply in support of his cross-motion by August 22, 2019. So ORDERED by Judge James E. Boasberg on 5/2/2019. (lcjeb2) (Entered: 05/02/2019)
2019-05-02Set/Reset Deadlines: Summary Judgment motions due by 7/1/2019. Response to Motion for Summary Judgment due by 7/31/2019. Cross Motions due by 7/31/2019. Reply to Motion for Summary Judgment due by 8/15/2019. Response to Cross Motions due by 8/15/2019. Reply to Cross Motions due by 8/22/2019. (znbn) (Entered: 05/03/2019)
2019-07-0178Second MOTION for Summary Judgment by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY (Attachments: # 1 Memorandum in Support of Motion for Summary Judgment, # 2 Exhibit 1, # 3 Statement of Facts, # 4 Gerdy Zogby Declaration, # 5 Thomas Declaration, # 6 Thomas Decl. Exhibit 1, # 7 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 07/01/2019)
2019-07-3179Memorandum in opposition to re 78 Second MOTION for Summary Judgment filed by WILLIAM E. POWELL. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit)(POWELL, WILLIAM) (Entered: 07/31/2019)
2019-08-1580REPLY to opposition to motion re 78 Second MOTION for Summary Judgment and re 79 OPPOSITION to Defendant's Second Motion for Summary Judgment filed by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY. (Peyton, Joycelyn) (Entered: 08/15/2019)
2019-08-2081ERRATA by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY 80 Reply to opposition to Motion, filed by INTERNAL REVENUE SERVICE, UNITED STATES ATTORNEY, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A)(Peyton, Joycelyn) (Entered: 08/20/2019)
2019-08-2082MOTION for Leave to File SURREPLY by WILLIAM E. POWELL (Attachments: # 1 Exhibit, # 2 Exhibit)(POWELL, WILLIAM) (Entered: 08/20/2019)
2019-08-26MINUTE ORDER: The Court ORDERS that Plaintiff's 82 Motion for Leave is DENIED WITHOUT PREJUDICE for failure to comply with LCvR 7(m). So ORDERED by Judge James E. Boasberg on 08/26/2019. (lcjeb2) (Entered: 08/26/2019)
2019-08-2783MOTION for Leave to File SURREPLY by WILLIAM E. POWELL (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(POWELL, WILLIAM) (Entered: 08/27/2019)
2019-09-0684ORDER GRANTING Defendant's 78 Motion for Summary Judgment. The Court ORDERS that: (1) Defendant's Second Motion for Summary Judgment is GRANTED; and (2) Judgment is ENTERED for Defendant. Signed by Judge James E. Boasberg on 09/06/2019. (lcjeb2) (Entered: 09/06/2019)
2019-09-0685MEMORANDUM OPINION re 84 Order on Motion for Summary Judgment. Signed by Judge James E. Boasberg on 09/06/2019. (lcjeb2) (Entered: 09/06/2019)
2019-09-06MINUTE ORDER GRANTING Plaintiff's 83 Motion for Leave to File. So ORDERED by Judge James E. Boasberg on 09/06/2019. (lcjeb2) (Entered: 09/06/2019)
2019-09-0686ENTERED IN ERROR.....CLERK'S JUDGMENT. Signed by Nicole Bell-Norwood, Courtroom Deputy on 9/6/19. (znbn) Modified on 9/6/2019 (znbn). (Entered: 09/06/2019)
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