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Case TitleFLUET & ASSOCIATES, PLLC v. UNITED STATES DEPARTMENT OF THE TREASURY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv00340
Date Filed2024-02-05
Date ClosedOpen
JudgeMagistrate Judge Moxila A. Upadhyaya
PlaintiffFLUET & ASSOCIATES, PLLC
Case DescriptionFluet & Associates submitted FOIA requests to the IRS for records concerning 17 categories of records related to the development of a report by the IRS that allocated funds from the Inflation Reduction Act to further develop free tax-preparing materials. Fluet & Associates submitted a second FOIA request to the Department of Treasury concerning the relationship of Code for America, a non-profit, in preparing the report. The agency acknowledged receipt of the requests. Fluet & Associates filed an administrative appeal of one response. After hearing nothing further from the agency, Fluet & Associates filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF THE TREASURY
DefendantINTERNAL REVENUE SERVICE
Documents
Docket
Complaint
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Complaint attachment 21
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-02-051COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-10668219) filed by FLUET & ASSOCIATES, PLLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Civil Cover Sheet, # 18 Summons, # 19 Summons, # 20 Summons, # 21 Summons)(Panzer, David) (Entered: 02/05/2024)
2024-02-06Case Assigned to Judge Tanya S. Chutkan. (zljn) (Entered: 02/06/2024)
2024-02-062ENTERED IN ERROR.....SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) Modified on 2/6/2024 (zljn). (Entered: 02/06/2024)
2024-02-06NOTICE OF ERROR re 1 Complaint; emailed to dpanzer@fluet.law, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Missing/incorrect summonses. Please submit using the event Request for Summons to issue., 2. For FOIA cases you must provide the FOIA Summons not the AO 440b summons (zljn, ) (Entered: 02/06/2024)
2024-02-073REQUEST FOR SUMMONS TO ISSUE filed by FLUET & ASSOCIATES, PLLC. Related document: Notice of QC- New Case, 1 Complaint,, filed by FLUET & ASSOCIATES, PLLC. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Panzer, David) (Entered: 02/07/2024)
2024-02-084SUMMONS (3) Issued Electronically as to INTERNAL REVENUE SERVICE, UNITED STATES DEPARTMENT OF THE TREASURY, and U.S. Attorney (Attachment: # 1 Notice and Consent)(zjm) (Entered: 02/08/2024)
2024-02-145LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FLUET & ASSOCIATES, PLLC (Panzer, David) (Entered: 02/14/2024)
2024-03-186First MOTION for Extension of Time to File Answer re 1 Complaint,, by INTERNAL REVENUE SERVICE, UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Text of Proposed Order)(Miller, Anna) (Entered: 03/18/2024)
2024-03-187Memorandum in opposition to re 6 Motion for Extension of Time to File Answer filed by FLUET & ASSOCIATES, PLLC. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Panzer, David) (Entered: 03/18/2024)
2024-03-18MINUTE ORDER: GRANTING 6 Motion for Extension of Time for good cause shown. Defendants shall respond to the Complaint on or before April 17, 2024. Signed by Judge Tanya S. Chutkan on 3/18/24. (lce) (Entered: 03/18/2024)
2024-04-178ANSWER to Complaint by INTERNAL REVENUE SERVICE, UNITED STATES DEPARTMENT OF THE TREASURY.(Miller, Anna) (Entered: 04/17/2024)
2024-04-18MINUTE ORDER: Before the Court in this FOIA case are a Complaint and an Answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than 5/31/24. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 4/18/24. (lce) (Entered: 04/18/2024)
2024-05-319Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Tomack, Amanda) (Entered: 05/31/2024)
2024-06-03MINUTE ORDER: Upon consideration of 9 Joint Status Report, the parties shall confer and file an additional status report on or before June 17, 2024, apprising the court of their positions on whether Defendants shall release responsive documents on a rolling basis beginning imminently or after its search for responsive documents is complete. Specifically, Defendants shall explain why it would be impractical for it to release responsive documents on a rolling basis. The status report shall be accompanied by a proposed order. If the parties do not agree on a proposed order, the status report shall be accompanied by both Plaintiff's proposed order and Defendants' proposed order. Signed by Judge Tanya S. Chutkan on 6/3/24. (lce) (Entered: 06/03/2024)
2024-06-1710STATUS REPORT by INTERNAL REVENUE SERVICE, UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Text of Proposed Order)(Miller, Anna) (Entered: 06/17/2024)
2024-06-1711STATUS REPORT by FLUET & ASSOCIATES, PLLC. (Attachments: # 1 Text of Proposed Order)(Panzer, David) (Entered: 06/17/2024)
2024-06-18MINUTE ORDER: Upon consideration of 10 Status Report and 11 Status Report, Defendant Department of Treasury shall review at least 800 pages of potentially responsive records per month beginning in July 2024 and produce non-exempt documents on a monthly basis to Plaintiff. The parties shall file an additional joint status report on or before July 17, 2024, and every 60 days thereafter, to update the court regarding Treasury's review and production of responsive records and propose a schedule for Defendant Internal Revenue Service's review and release of responsive records. Signed by Judge Tanya S. Chutkan on 6/18/24. (lce) (Entered: 06/18/2024)
2024-07-1712STATUS REPORT by FLUET & ASSOCIATES, PLLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order)(Panzer, David) (Entered: 07/17/2024)
2024-07-1713STATUS REPORT by INTERNAL REVENUE SERVICE, UNITED STATES DEPARTMENT OF THE TREASURY. (Miller, Anna) (Entered: 07/17/2024)
2024-07-18MINUTE ORDER: Upon consideration of 12 Plaintiff's Status Report and 13 Defendants' Status Report, Defendant Department of Treasury shall continue to review at least 800 pages of potentially responsive records per month and produce the non-exempt responsive records on a monthly basis to Plaintiff. The parties shall file a joint status report on or before September 16, 2024, and every 60 days thereafter, to update the court on the progress of the case. To the extent the parties seek a change in the status quo, the status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 7/18/24. (lce) (Entered: 07/18/2024)
2024-09-1614Unopposed MOTION for Extension of Time to File Joint Status Report by INTERNAL REVENUE SERVICE, UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Text of Proposed Order)(Miller, Anna) (Entered: 09/16/2024)
2024-09-17MINUTE ORDER: GRANTING 14 Unopposed Motion for Extension of Time to File Joint Status Report. The parties shall file a joint status report on or before September 23, 2024, and every 60 days thereafter. To the extent the parties request a change in the status quo, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 9/17/24. (lce) (Entered: 09/17/2024)
2024-09-2315NOTICE of Appearance by Amanda K. Tomack on behalf of All Defendants (Tomack, Amanda) (Entered: 09/23/2024)
2024-09-2316Consent to Proceed before US Magistrate Judge for All Purposes by FLUET & ASSOCIATES, PLLC.. (Panzer, David) (Entered: 09/23/2024)
2024-09-23MINUTE ORDER REFERRING CASE TO MAGISTRATE JUDGE: Upon consideration of 16 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge, this case is hereby REFERRED to a Magistrate Judge for all purposes pursuant to 28 U.S.C. 636(c), Federal Rule of Civil Procedure 73, and Local Civil Rule 73.1. The Magistrate Judge will be randomly assigned by the Clerk's Office. Signed by Judge Tanya S. Chutkan on 9/23/24. (lce) (Entered: 09/23/2024)
2024-09-2317STATUS REPORT by INTERNAL REVENUE SERVICE, UNITED STATES DEPARTMENT OF THE TREASURY. (Tomack, Amanda) (Entered: 09/23/2024)
2024-09-2318STATUS REPORT by FLUET & ASSOCIATES, PLLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order)(Panzer, David) (Entered: 09/23/2024)
2024-09-23CASE RANDOMLY REFERRED to Magistrate Judge Moxila A. Upadhyaya for all purposes. (zmtm) (Entered: 09/26/2024)
2024-11-06MINUTE ORDER: The Parties shall file a joint status report on or before November 22, 2024, and every 60 days thereafter. Further, the Court reminds the Parties that they should file a joint status report, not separate status reports as they previously have done. SO ORDERED. Signed by Magistrate Judge Moxila A. Upadhyaya on 11/06/2024. (lcrd) (Entered: 11/06/2024)
2024-11-06Set/Reset Deadlines: Joint Status Report due by 11/22/2024. (znjb) (Entered: 11/18/2024)
2024-11-2219Unopposed MOTION for Extension of Time to File Joint Status Report by UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE. (Attachments: # 1 Text of Proposed Order)(Miller, Anna) (Entered: 11/22/2024)
2024-11-25MINUTE ORDER: Upon consideration of Defendants' Unopposed Motion for Extension of Time to File Joint Status Report 19 , it is hereby ORDERED that the Motion is GRANTED. The Parties shall file a joint status report no later than November 29, 2024, and every 60 days thereafter. The Parties are reminded that the Court expects any future motions for extensions to be filed within a reasonable time before their court deadline. SO ORDERED. Signed by Magistrate Judge Moxila A. Upadhyaya on 11/25/2024. (lcrd) (Entered: 11/25/2024)
2024-11-25Set/Reset Deadlines: Joint Status Report due by 11/29/2024. (znjb) (Entered: 11/26/2024)
2024-11-2920Joint STATUS REPORT by UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE. (Attachments: # 1 Plaintiff's Proposed Order, # 2 Defendants' Proposed Order)(Miller, Anna) (Entered: 11/29/2024)
2024-12-13MINUTE ORDER: Upon consideration of the Joint Status Report 20 , the Court hereby ORDERS that the Parties appear for a Status Conference on 1/23/2025 at 10:00 AM in Courtroom 5- In Person before Magistrate Judge Moxila A. Upadhyaya. It is FURTHER ORDERED that the Parties shall file another Joint Status Report no later than 1/16/2025 to update the Court on the status of the case. SO ORDERED. Signed by Magistrate Judge Moxila A. Upadhyaya on 12/13/2024. (lcrd) (Entered: 12/13/2024)
2025-01-1621Joint STATUS REPORT by FLUET & ASSOCIATES, PLLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Panzer, David) (Entered: 01/16/2025)
2025-01-23Minute Entry for proceedings held before Magistrate Judge Moxila A. Upadhyaya: Status Conference held on 1/23/2025. Joint Status Report due by 3/24/2025. Court Reporter: FTR- GOLD; FTR Time Frame: CRTM 5: [10:02:21-10:19:44] (znjb) (Entered: 01/23/2025)
2025-01-23MINUTE ORDER: For the reasons stated on the record at the 01/23/2025 status conference, it is hereby ORDERED that Defendant IRS shall review at least 500 pages of potentially responsive records per month and produce the non-exempt responsive records on a monthly basis to Plaintiff. Defendant Department of Treasury shall continue to review at a rate of at least 800 pages per month in accordance with the Court's July 18, 2024 order. The Parties are FURTHER ORDERED to file a joint status report no later than 03/24/2025. SO ORDERED. Signed by Magistrate Judge Moxila A. Upadhyaya on 01/23/2025. (lcrd) (Entered: 01/23/2025)
2025-03-0322TRANSCRIPT OF PROCEEDINGS before Magistrate Judge Moxila A. Upadhyaya held on January 23, 2025; Page Numbers: 1-15. Date of Issuance:March 3, 2025. Court Reporter/Transcriber Chandra Kean, RMR, Telephone number (202)354-3404.Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD, or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 3/24/2025. Redacted Transcript Deadline set for 4/3/2025. Release of Transcript Restriction set for 6/1/2025.(Kean, Chandra) (Entered: 03/03/2025)
2025-03-2423Joint STATUS REPORT by UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE. (Miller, Anna) (Entered: 03/24/2025)
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