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Case TitleGRAND MARINA INVESTORS, LLC v. U.S. INTERNAL REVENUE SERVICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01676
Date Filed2023-06-09
Date ClosedOpen
JudgeJudge Royce C. Lamberth
PlaintiffGRAND MARINA INVESTORS, LLC
Case DescriptionGrand Marina Investors submitted FOIA requests to the IRS for records concerning the examination division administrative file for the agency's examination of Grand Marina Investors' taxes. The agency acknowledged receipt of the request. The agency disclosed more than1,000 pages of records in response to the request but withheld portions of a variety of exemptions. Grand Marina Investors filed administrative appeals of the requests but after hearing nothing further from the agency, Grand Marina Investors filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantU.S. INTERNAL REVENUE SERVICE
DefendantDOUGLAS O'DONNELL In his official capacity as acting commissioner of Internal Revenue
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Opinion/Order [18]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-06-091COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against INTERNAL REVENUE SERVICE, DOUGLAS O'DONNELL IN HIS OFFICIAL CAPACITY AS ACTING COMMISSIONER OF INTERNAL REVENUE ( Filing fee $ 402 receipt number ADCDC-10128937) filed by GRAND MARINA INVESTORS, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Declaration, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Levin, Michelle) (Entered: 06/09/2023)
2023-06-09Case Assigned to Judge Royce C. Lamberth. (zljn) (Entered: 06/09/2023)
2023-06-092SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 06/09/2023)
2023-08-083MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Logan Abernathy, Filing fee $ 100, receipt number ADCDC-10261369. Fee Status: Fee Paid. by GRAND MARINA INVESTORS, LLC. (Attachments: # 1 Declaration, # 2 Exhibit)(Levin, Michelle) (Entered: 08/08/2023)
2023-08-084MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Gregory P. Rhodes, Filing fee $ 100, receipt number ADCDC-10261887. Fee Status: Fee Paid. by GRAND MARINA INVESTORS, LLC. (Attachments: # 1 Declaration, # 2 Exhibit)(Levin, Michelle) (Entered: 08/08/2023)
2023-08-105MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Howard Gardner Perdue, III, Filing fee $ 100, receipt number ADCDC-10266933. Fee Status: Fee Paid. by GRAND MARINA INVESTORS, LLC. (Attachments: # 1 Declaration, # 2 Exhibit)(Levin, Michelle) (Entered: 08/10/2023)
2023-08-11MINUTE ORDER: It is hereby ORDERED that Motion 3 for Leave to Appear Pro Hac Vice is GRANTED. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions . SO ORDERED by Judge Royce C. Lamberth on 8/11/2023. (lcrcl2) (Entered: 08/11/2023)
2023-08-11MINUTE ORDER: It is hereby ORDERED that Motion 4 for Leave to Appear Pro Hac Vice is GRANTED. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions . SO ORDERED by Judge Royce C. Lamberth on 8/11/2023. (lcrcl2) (Entered: 08/11/2023)
2023-08-11MINUTE ORDER: It is hereby ORDERED that Motion 5 for Leave to Appear Pro Hac Vice is GRANTED. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions . SO ORDERED by Judge Royce C. Lamberth on 8/11/2023. (lcrcl2) (Entered: 08/11/2023)
2023-08-286RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DOUGLAS O'DONNELL served on 8/18/2023 (Levin, Michelle) (Entered: 08/28/2023)
2023-08-287RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. INTERNAL REVENUE SERVICE served on 8/18/2023 (Levin, Michelle) (Entered: 08/28/2023)
2023-08-288RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/21/2023. (Levin, Michelle) (Entered: 08/28/2023)
2023-08-289RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/21/2023. Answer due for ALL FEDERAL DEFENDANTS by 9/20/2023. (Levin, Michelle) (Entered: 08/28/2023)
2023-09-1410MOTION for Extension of Time to File Answer re 1 Complaint, by DOUGLAS O'DONNELL, U.S. INTERNAL REVENUE SERVICE. (Attachments: # 1 Text of Proposed Order)(Miller, Anna) (Entered: 09/14/2023)
2023-09-2011ORDER granting Motion 10 for Extension of Time to File Answer re 1 Complaint. Answer due by 10/4/2023. Signed by Judge Royce C. Lamberth on 9/20/2023. (lcrcl2) (Entered: 09/20/2023)
2023-10-0412MOTION to Dismiss by DOUGLAS O'DONNELL, U.S. INTERNAL REVENUE SERVICE. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Text of Proposed Order)(Miller, Anna) (Entered: 10/04/2023)
2023-10-1813RESPONSE re 12 MOTION to Dismiss filed by GRAND MARINA INVESTORS, LLC. (Attachments: # 1 Text of Proposed Order)(Levin, Michelle) (Entered: 10/18/2023)
2023-10-2514REPLY to opposition to motion re 12 MOTION to Dismiss filed by DOUGLAS O'DONNELL, U.S. INTERNAL REVENUE SERVICE. (Miller, Anna) (Entered: 10/25/2023)
2024-07-3015MOTION for Discovery (Plaintiff's Motion to Propound Discovery) by GRAND MARINA INVESTORS, LLC. (Levin, Michelle) (Entered: 07/30/2024)
2024-08-1316Memorandum in opposition to re 15 Motion for Discovery filed by DOUGLAS O'DONNELL, U.S. INTERNAL REVENUE SERVICE. (Miller, Anna) (Entered: 08/13/2024)
2024-08-2217NOTICE of Appearance by Cheryl Howell Oswalt on behalf of GRAND MARINA INVESTORS, LLC (Oswalt, Cheryl) (Entered: 08/22/2024)
2024-09-2018MEMORANDUM OPINION re: Motion 12 to Dismiss and Motion 15 to Propound Discovery. Signed by Judge Royce C. Lamberth on 09/20/2024. (lcrcl2) (Entered: 09/20/2024)
2024-09-2019ORDER: Upon consideration of the defendants' Motion 15 to Dismiss and the plaintiff's Motion 15 to Propound Discovery, and the entire record herein, it is hereby ORDERED that the Motion to Dismiss Douglas O'Donnell as a party-defendant is GRANTED; and it is further ORDERED that the Motion to Dismiss is GRANTED as to plaintiff's claims arising from its First FOIA Request and Part 1b of its Second FOIA Request; and it is further ORDERED that the Motion to Dismiss is DENIED as to plaintiff's claims arising from Part 1a of its Second FOIA Request; and it is further ORDERED that the IRS shall file an answer to Grand Marina's complaint within 21 days of the issuance of this Order, and shall produce a Vaughn index and dispositive motion as to plaintiff's remaining claims within 30 days of the issuance of this Order; and it is further ORDERED that plaintiff's Motion to Propound Discovery is DENIED. Signed by Judge Royce C. Lamberth on 09/20/2024. (lcrcl2) (Entered: 09/20/2024)
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