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Case TitleARDEN ROW ASSETS, LLC et al v. U.S. INTERNAL REVENUE SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv02696
Date Filed2023-09-14
Date ClosedOpen
JudgeJudge John D. Bates
PlaintiffARDEN ROW ASSETS, LLC
PlaintiffBASSWOOD AGGREGATES, LLC
PlaintiffDELWOOD RESOURCES, LLC
Case DescriptionArden Row Assets, Basewood Aggregates, and Delwood Resources submitted FOIA requests to the IRS for records concerning a Penalty Consideration Lead Sheet approved by identified IRS agents pertaining to the donation of land for conservation credits. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Arden Row and the others filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. INTERNAL REVENUE SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-09-141COMPLAINT against U.S. INTERNAL REVENUE SERVICE ( Filing fee $ 402 receipt number ADCDC-10352758) filed by ARDEN ROW ASSETS, LLC, DELWOOD RESOURCES, LLC, BASSWOOD AGGREGATES, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Internal Revenue Service, # 3 Summons U.S. Attorney for the District of Columbia, # 4 Summons Attorney General of the United States)(Rosenstein, Rod) (Entered: 09/14/2023)
2023-09-142LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ARDEN ROW ASSETS, LLC, BASSWOOD AGGREGATES, LLC, DELWOOD RESOURCES, LLC (Rosenstein, Rod) (Entered: 09/14/2023)
2023-09-15Case Assigned to Judge John D. Bates. (zljn) (Entered: 09/15/2023)
2023-09-153SUMMONS (3) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 09/15/2023)
2023-09-254RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. INTERNAL REVENUE SERVICE served on 9/15/2023 (Rosenstein, Rod) (Entered: 09/25/2023)
2023-09-255RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/15/2023. (Rosenstein, Rod) (Entered: 09/25/2023)
2023-09-256RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/15/2023. Answer due for ALL FEDERAL DEFENDANTS by 10/15/2023. (Rosenstein, Rod) (Entered: 09/25/2023)
2023-10-037NOTICE of Appearance by Kieran O'Neill Carter on behalf of U.S. INTERNAL REVENUE SERVICE (Carter, Kieran) (Entered: 10/03/2023)
2023-10-138MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. INTERNAL REVENUE SERVICE. (Attachments: # 1 Text of Proposed Order)(Carter, Kieran) (Entered: 10/13/2023)
2023-10-13MINUTE ORDER: Upon consideration of 8 defendant's motion for extension of time to answer or otherwise respond to plaintiffs' complaint, and the entire record herein, it is hereby ORDERED that the motion is GRANTED IN PART; and it is further ORDERED that defendant shall answer or otherwise respond to plaintiffs' complaint by not later than November 30, 2023. SO ORDERED. Signed by Judge John D. Bates on 10/13/2023. (lcjdb2) (Entered: 10/13/2023)
2023-11-309ANSWER to Complaint by U.S. INTERNAL REVENUE SERVICE.(Carter, Kieran) (Entered: 11/30/2023)
2023-12-0110ORDER directing the parties to file a proposed schedule for the future course of these proceedings. See text of Order for details. Signed by Judge John D. Bates on 12/1/2023. (lcjdb2) (Entered: 12/01/2023)
2023-12-1511Joint STATUS REPORT by U.S. INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 12/15/2023)
2023-12-18MINUTE ORDER: Upon consideration of 11 the parties' joint status report, and the entire record herein, it is hereby ORDERED that defendant will process 800 pages of the estimated 4,000 potentially responsive pages of records per month; it is further ORDERED that defendant will make its first production of responsive, non-exempt records by not later than January 26, 2024 and will make subsequent productions on a rolling basis every thirty days thereafter; it is further ORDERED that defendant will provide plaintiffs with a letter at the time of each production stating the number of pages processed since the previous production; and it is further ORDERED that the parties shall file a joint status report informing the Court as to the status of document processing and production, including the number of pages processed by defendant, by not later than January 26, 2024, and then again every 60 days thereafter on an ongoing basis. SO ORDERED. Signed by Judge John D. Bates on 12/18/2023. (lcjdb2) (Entered: 12/18/2023)
2024-01-2612Joint STATUS REPORT by U.S. INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 01/26/2024)
2024-03-2613Joint STATUS REPORT by U.S. INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 03/26/2024)
2024-05-2814Joint STATUS REPORT by U.S. INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 05/28/2024)
2024-07-2915Joint STATUS REPORT by U.S. INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 07/29/2024)
2024-07-30MINUTE ORDER: Upon consideration of 15 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file another joint status report by not later than August 13, 2024. Signed by Judge John D. Bates on 7/30/2024. (lcjdb2) (Entered: 07/30/2024)
2024-08-1316Joint STATUS REPORT by U.S. INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 08/13/2024)
2024-08-14MINUTE ORDER: Upon consideration of 16 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file another joint status report by not later than September 27, 2024. Signed by Judge John D. Bates on 8/14/2024. (lcjdb2) (Entered: 08/14/2024)
2024-09-2617Joint STATUS REPORT by U.S. INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 09/26/2024)
2024-09-27MINUTE ORDER: Upon consideration of 17 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file another joint status report by not later than October 18, 2024. Signed by Judge John D. Bates on 09/27/2024. (lcjdb2) (Entered: 09/27/2024)
2024-10-1818Joint STATUS REPORT by U.S. INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 10/18/2024)
2024-10-21MINUTE ORDER: Upon consideration of 18 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file another joint status report by not later than November 22, 2024. Signed by Judge John D. Bates on 10/21/2024. (lcjdb2) (Entered: 10/21/2024)
2024-11-2219Joint STATUS REPORT by U.S. INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 11/22/2024)
2024-11-25SCHEDULING ORDER: Upon consideration of 19 the parties' joint status report, and the entire record herein, it is hereby ORDERED that plaintiffs shall provide the IRS with a list of documents and/or exemptions that are not being challenged by not later than December 31, 2024; and it is further ORDERED that any motion for summary judgment shall be filed by not later than January 24, 2025, any response by not later than February 21, 2025, and any reply by not later than March 7, 2025. SO ORDERED. Signed by Judge John D. Bates on 11/25/2024. (lcjdb2) (Entered: 11/25/2024)
2025-01-2120Unopposed MOTION to Amend/Correct Scheduling Order,, by U.S. INTERNAL REVENUE SERVICE. (Attachments: # 1 Text of Proposed Order)(Domitz, Adam) (Entered: 01/21/2025)
2025-01-21MINUTE ORDER: Upon consideration of 20 the IRS's consent motion for an amended scheduling order, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that any motion for summary judgment shall be filed by not later than February 7, 2025, any response by not later than March 7, 2025, and any reply by not later than March 21, 2025. SO ORDERED. Signed by Judge John D. Bates on 1/21/2025. (lcjdb2) (Entered: 01/21/2025)
2025-02-0721MOTION for Summary Judgment by U.S. INTERNAL REVENUE SERVICE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts Internal Revenue Service's Statement of Material Facts as to Which There is No Genuine Dispute, # 3 Declaration of Jee E. Ahn, # 4 Exhibit Vaughn Index, # 5 Declaration of Thomas E. Feilds, # 6 Declaration of David M. Combs, # 7 Declaration of Teresa Trissell, # 8 Text of Proposed Order)(Domitz, Adam) (Entered: 02/07/2025)
2025-02-1322ERRATA of Erratum by U.S. INTERNAL REVENUE SERVICE re 21 Motion for Summary Judgment, (Attachments: # 1 Memorandum in Support Amended)(Domitz, Adam) Modified on 2/19/2025 to correct event (zjm). (Entered: 02/13/2025)
2025-03-0423Consent MOTION to Amend/Correct Order on Motion to Amend/Correct,, Set/Reset Deadlines, by ARDEN ROW ASSETS, LLC, BASSWOOD AGGREGATES, LLC, DELWOOD RESOURCES, LLC. (Attachments: # 1 Text of Proposed Order)(Rosenstein, Rod) (Entered: 03/04/2025)
2025-03-05MINUTE ORDER: Upon consideration of 23 plaintiffs' consent motion for an amended scheduling order, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that plaintiffs shall respond to 21 defendant's motion for summary judgment by not later than March 21, 2025; and it is further ORDERED that defendant shall file any reply by not later than April 4, 2025. SO ORDERED. Signed by Judge John D. Bates on 3/5/2025. (lcjdb2) (Entered: 03/05/2025)
2025-03-2124Cross MOTION for Summary Judgment by ARDEN ROW ASSETS, LLC, BASSWOOD AGGREGATES, LLC, DELWOOD RESOURCES, LLC. (Rosenstein, Rod) (Entered: 03/21/2025)
2025-03-2125Memorandum in opposition to re 21 Motion for Summary Judgment, filed by ARDEN ROW ASSETS, LLC, BASSWOOD AGGREGATES, LLC, DELWOOD RESOURCES, LLC. (Attachments: # 1 Statement of Material Facts Not In Dispute, # 2 Response to IRS Statement of Material Facts Not In Dispute, # 3 Declaration of Edmund Power, # 4 Exhibit 1, # 5 Exhibit 2A, # 6 Exhibit 2B, # 7 Exhibit 3, # 8 Exhibit 3A, # 9 Exhibit 3B, # 10 Exhibit 3C, # 11 Exhibit 4, # 12 Exhibit 4A, # 13 Exhibit 4B, # 14 Exhibit 4C, # 15 Exhibit 5, # 16 Exhibit 6, # 17 Exhibit 7, # 18 Exhibit 8, # 19 Exhibit 9, # 20 Exhibit 10, # 21 Exhibit 11, # 22 Exhibit 12, # 23 Exhibit 13, # 24 Exhibit 14, # 25 Exhibit 15, # 26 Exhibit 16, # 27 Exhibit 17, # 28 Exhibit 18, # 29 Exhibit 19, # 30 Exhibit 20, # 31 Exhibit 21, # 32 Exhibit 22, # 33 Exhibit 23)(Rosenstein, Rod) Modified on 3/24/2025 to correct docket link (zjm). (Entered: 03/21/2025)
2025-04-0326Unopposed MOTION for Extension of Time to File Response/Reply as to 24 Cross MOTION for Summary Judgment , 21 MOTION for Summary Judgment by U.S. INTERNAL REVENUE SERVICE. (Attachments: # 1 Text of Proposed Order)(Carter, Kieran) (Entered: 04/03/2025)
2025-04-03MINUTE ORDER: Upon consideration of 26 defendant's unopposed motion for extension of time to file responsive brief, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendant shall file its brief by not later than May 2, 2025. SO ORDERED. Signed by Judge John D. Bates on 4/3/2025. (lcjdb2) (Entered: 04/03/2025)
2025-05-0227Memorandum in opposition to re 24 Cross MOTION for Summary Judgment and Reply in Support of the IRS's Motion for Summary Judgment filed by U.S. INTERNAL REVENUE SERVICE. (Attachments: # 1 IRS's Response to Plaintiffs Statement of Undisputed Material Facts, # 2 Second Declaration of Teresa Trissell, # 3 Second Vaughn Index)(Carter, Kieran) (Entered: 05/02/2025)
2025-05-0228REPLY to opposition to motion re 21 Motion for Summary Judgment, filed by U.S. INTERNAL REVENUE SERVICE. (See Docket Entry 27 to view document) (zjm) (Entered: 05/05/2025)
2025-05-0729MOTION for Extension of Time to File Response/Reply by ARDEN ROW ASSETS, LLC, BASSWOOD AGGREGATES, LLC, DELWOOD RESOURCES, LLC. (Attachments: # 1 Text of Proposed Order)(Rosenstein, Rod) (Entered: 05/07/2025)
2025-05-07MINUTE ORDER: Upon consideration of 29 plaintiffs' unopposed motion for extension of time to file reply brief, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that plaintiffs shall file their reply brief by not later than May 23, 2025. SO ORDERED. Signed by Judge John D. Bates on 5/7/2025. (lcjdb2) (Entered: 05/07/2025)
2025-05-2330REPLY to opposition to motion re 24 Motion for Summary Judgment filed by ARDEN ROW ASSETS, LLC, BASSWOOD AGGREGATES, LLC, DELWOOD RESOURCES, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Rosenstein, Rod) (Entered: 05/23/2025)
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