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Case TitleABBVIE INC. v. INTERNAL REVENUE SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00596
Date Filed2023-03-03
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffABBVIE INC.
Case DescriptionAbbvie, Inc. submitted a FOIA request to the IRS for records concerning four advice opinions referred to as the OCC Advice. The agency acknowledged receipt of the documents. After hearing nothing further from the agency, Abbvie, Inc. 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
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-03-031COMPLAINT against INTERNAL REVENUE SERVICE ( Filing fee $ 402 receipt number ADCDC-9901071) filed by ABBVIE INC.. (Attachments: # 1 Declaration Declaration of Daniel A. Rosen, # 2 Exhibit Exhibit I to the Declaration of Daniel A. Rosen, # 3 Exhibit Exhibit II to the Declaration of Daniel A. Rosen, # 4 Civil Cover Sheet, # 5 Summons, # 6 Summons, # 7 Summons)(Clarke, George) (Entered: 03/03/2023)
2023-03-032LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ABBVIE INC. (Clarke, George) (Entered: 03/03/2023)
2023-03-03Case Assigned to Judge Amit P. Mehta. (zljn) (Entered: 03/03/2023)
2023-03-033SUMMONS (3) Issued Electronically as to INTERNAL REVENUE SERVICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 03/03/2023)
2023-03-094MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Robert H. Albaral, Filing fee $ 100, receipt number ADCDC-9916127. Fee Status: Fee Paid. by ABBVIE INC.. (Attachments: # 1 Declaration Declaration of Robert H. Albaral, # 2 Exhibit Exhibit A to Declaration)(Clarke, George) (Entered: 03/09/2023)
2023-03-095MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Daniel A. Rosen, Filing fee $ 100, receipt number ADCDC-9916137. Fee Status: Fee Paid. by ABBVIE INC.. (Attachments: # 1 Declaration Declaration of Daniel A. Rosen, # 2 Exhibit Exhibit A to Declaration)(Clarke, George) (Entered: 03/09/2023)
2023-03-096MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brendan J. Sponheimer, Filing fee $ 100, receipt number ADCDC-9916144. Fee Status: Fee Paid. by ABBVIE INC.. (Attachments: # 1 Declaration Declaration of Brendan J. Sponheimer, # 2 Exhibit Exhibit A to Declaration)(Clarke, George) (Entered: 03/09/2023)
2023-03-137RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/6/2023. Answer due for ALL FEDERAL DEFENDANTS by 4/5/2023. (Clarke, George) (Entered: 03/13/2023)
2023-03-138RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. INTERNAL REVENUE SERVICE served on 3/6/2023 (Clarke, George) (Entered: 03/13/2023)
2023-03-14MINUTE ORDER granting 4 Motion for Leave to Appear Pro Hac Vice. Attorney Robert H. Albaral is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amit P. Mehta on 03/14/2023. (lcapm3) (Entered: 03/14/2023)
2023-03-14MINUTE ORDER granting 5 Motion for Leave to Appear Pro Hac Vice. Attorney Daniel A. Rosen is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amit P. Mehta on 03/14/2023. (lcapm3) (Entered: 03/14/2023)
2023-03-14MINUTE ORDER granting 6 Motion for Leave to Appear Pro Hac Vice. Attorney Brendan J. Sponheimer is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amit P. Mehta on 03/14/2023. (lcapm3) (Entered: 03/14/2023)
2023-03-169RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/10/2023. (Clarke, George) (Entered: 03/16/2023)
2023-03-2010NOTICE of Appearance by Robert Albaral on behalf of ABBVIE INC. (Albaral, Robert) (Entered: 03/20/2023)
2023-03-2011NOTICE of Appearance by Daniel Rosen on behalf of ABBVIE INC. (Rosen, Daniel) (Entered: 03/20/2023)
2023-03-2012ENTERED IN ERROR.....NOTICE of Appearance by Daniel Rosen on behalf of ABBVIE INC. (Rosen, Daniel) Modified on 3/21/2023 correctly filed at entry 13 (zjm). (Entered: 03/20/2023)
2023-03-2013NOTICE of Appearance by Brendan Sponheimer on behalf of ABBVIE INC. (Sponheimer, Brendan) (Entered: 03/20/2023)
2023-04-0314Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by INTERNAL REVENUE SERVICE. (Attachments: # 1 Text of Proposed Order)(Hunsader, Joseph) (Entered: 04/03/2023)
2023-04-04MINUTE ORDER granting 14 Motion for Extension of Time to Answer. The deadline to answer or otherwise to plead to shall be extended to May 26, 2023. Signed by Judge Amit P. Mehta on 04/04/2023. (lcapm3) (Entered: 04/04/2023)
2023-05-2615ANSWER to Complaint by INTERNAL REVENUE SERVICE.(Hunsader, Joseph) (Entered: 05/26/2023)
2023-06-0916ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before June 23, 2023. The Joint Status Report shall include (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Amit P. Mehta on 06/09/2023. (lcapm3) (Entered: 06/09/2023)
2023-06-2317Joint STATUS REPORT by ABBVIE INC.. (Sponheimer, Brendan) (Entered: 06/23/2023)
2023-06-2318NOTICE of Appearance by Vivek Patel on behalf of ABBVIE INC. (Patel, Vivek) (Entered: 06/23/2023)
2023-06-26MINUTE ORDER. The parties shall file an additional Joint Status Report by August 4, 2023, updating the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 06/26/2023. (lcapm3) (Entered: 06/26/2023)
2023-08-0419Joint STATUS REPORT by ABBVIE INC.. (Sponheimer, Brendan) (Entered: 08/04/2023)
2023-08-07MINUTE ORDER. The parties shall file an additional Joint Status Report by September 18, 2023, updating the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 08/07/2023. (lcapm3) (Entered: 08/07/2023)
2023-09-1820Joint STATUS REPORT by ABBVIE INC.. (Patel, Vivek) (Entered: 09/18/2023)
2023-09-20MINUTE ORDER. The parties shall file an additional Joint Status Report by November 17, 2023, updating the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 09/20/2023. (lcapm3) (Entered: 09/20/2023)
2023-11-1721Joint STATUS REPORT by ABBVIE INC.. (Patel, Vivek) (Entered: 11/17/2023)
2023-11-21MINUTE ORDER. The parties shall file an additional Joint Status Report by January 16, 2024, updating the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 11/21/2023. (lcapm3) (Entered: 11/21/2023)
2024-01-1622Joint STATUS REPORT by ABBVIE INC.. (Patel, Vivek) (Entered: 01/16/2024)
2024-01-21MINUTE ORDER. The parties shall file an additional Joint Status Report by March 15, 2024, updating the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 1/21/2024. (lcapm3) (Entered: 01/21/2024)
2024-03-1523Joint STATUS REPORT by ABBVIE INC.. (Patel, Vivek) (Entered: 03/15/2024)
2024-03-20MINUTE ORDER. The parties shall file an additional Joint Status Report by May 15, 2024, updating the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 3/20/2024. (lcapm3) (Entered: 03/20/2024)
2024-03-20Set/Reset Deadlines/Hearings: Joint Status Report due by 5/15/2024. (zcdw) (Entered: 03/20/2024)
2024-03-20Set/Reset Deadlines: Joint Status Report due by 5/15/2024. (znbn) (Entered: 03/21/2024)
2024-04-2624Joint MOTION to Consolidate Cases by ABBVIE INC.. (Attachments: # 1 Text of Proposed Order)(Patel, Vivek) (Entered: 04/26/2024)
2024-04-29MINUTE ORDER granting 24 Joint Motion to Consolidate. The later-filed matter, AbbVie Inc. v. IRS , 23-cv-02658 (APM) ( AbbVie II ), is hereby consolidated with this case. All future filings in AbbVie II shall be filed under this docket number. Signed by Judge Amit P. Mehta on 04/29/2024. (lcapm3) (Entered: 04/29/2024)
2024-04-29MINUTE ORDER. The parties shall file an additional, consolidated Joint Status Report on or July 10, 2024, which updates the court on the processing and production of responsive records in both AbbVie I and AbbVie II . The deadline in AbbVie I to file an additional Joint Status Report by May 15, 2024, is hereby vacated. Signed by Judge Amit P. Mehta on 04/29/2024. (lcapm3) (Entered: 04/29/2024)
2024-04-30Set/Reset Deadlines: Joint Status Report due by 7/10/2024. (zed) (Entered: 04/30/2024)
2024-07-1025Joint STATUS REPORT by ABBVIE INC.. (Patel, Vivek) (Entered: 07/10/2024)
2024-07-15MINUTE ORDER. The parties shall file an additional, consolidated Joint Status Report on or September 23, 2024, which updates the court on the processing and production of responsive records in both AbbVie I and AbbVie II . Signed by Judge Amit P. Mehta on 07/15/2024. (lcapm3) (Entered: 07/15/2024)
2024-07-15Set/Reset Deadlines: Status Report due by 9/23/2024 (zakb) (Entered: 07/15/2024)
2024-09-2326Joint STATUS REPORT by ABBVIE INC.. (Patel, Vivek) (Entered: 09/23/2024)
2024-09-24MINUTE ORDER. The parties shall file an additional, consolidated Joint Status Report on or before December 6, 2024, which updates the court on the processing and production of responsive records in both AbbVie I and AbbVie II . Signed by Judge Amit P. Mehta on 09/24/2024. (lcapm3) (Entered: 09/24/2024)
2024-09-26Set/Reset Deadlines: Joint Status Report due by 12/6/2024 (zakb) (Entered: 09/26/2024)
2024-12-0627Joint STATUS REPORT by ABBVIE INC., INTERNAL REVENUE SERVICE. (Patel, Vivek) (Entered: 12/06/2024)
2024-12-09MINUTE ORDER. The parties shall file an additional, consolidated Joint Status Report on or before February 19, 2025, which updates the court on the processing and production of responsive records in both AbbVie I and AbbVie II . Signed by Judge Amit P. Mehta on 12/9/2024. (lcapm3) (Entered: 12/09/2024)
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