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Case TitleLevitt v. U.S. Internal Revenue Service
DistrictNorthern District of Alabama
CitySouthern
Case Number2:2024cv00284
Date Filed2024-03-06
Date ClosedOpen
JudgeMagistrate Judge Staci G Cornelius
PlaintiffRonald Levitt Esquire
Case DescriptionRonald Levitt, an attorney who represented the Commissioner's Creek Reserve, submitted a FOIA request to the IRS for records concerning the Final Partnership Adjustment related to Tax Payer Year 2018. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Levitt 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-03-061COMPLAINT against U.S. Internal Revenue Service, filed by Ronald Levitt. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1A, # 3 Exhibit 2)(AKD) (Entered: 03/07/2024)
2024-03-072NOTICE OF CONSENT to a magistrate judge in a civil action. (AKD) (Entered: 03/07/2024)
2024-03-07Filing Fee: Filing fee $ 405, receipt_number AALNDC-4544162 (ALND receipt# B-10402). related document 1 COMPLAINT against U.S. Internal Revenue Service, filed by Ronald Levitt. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1A, # 3 Exhibit 2)(AKD). (Oswalt, Cheryl) Modified on 3/7/2024 (AKD). (Entered: 03/07/2024)
2024-03-083Request for service by certified mail filed by Ronald Levitt. (Oswalt, Cheryl) (Entered: 03/08/2024)
2024-03-114Summons Issued as to U.S. Internal Revenue Service, U.S. Attorney and U.S. Attorney General. Returned to Plaintiff for service. (AKD) (Entered: 03/11/2024)
2024-04-125ANSWER to Complaint by U.S. Internal Revenue Service.(O'Neal, Richard) (Entered: 04/12/2024)
2024-04-176ORDER regarding compliance with Rule 26; Rule 26 Meeting Report due by 5/28/2024. Signed by Magistrate Judge Staci G Cornelius on 4/17/2024. (BST, ) (Entered: 04/17/2024)
2024-04-177ORDER Pursuant to the General Order for Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, dated January 2, 2015, the parties are REQUIRED to enter an election regarding the exercise of dispositive jurisdiction by a magistrate judge pursuant to 28 U.S.C. § 636(c) no later than May 28, 2024 . A telephone status conference is SET for 11:15 a.m. on May 6, 2024 . The parties are DIRECTED to call 877-336-1831 to access the telephone conference. The access code is 2778178 . The parties should call in five minutes prior to the start time of the conference. Signed by Magistrate Judge Staci G Cornelius on 04/17/2024. (KNS) (Entered: 04/17/2024)
2024-04-238RETURN OF SERVICE by Ronald Levitt United States Attorney's Office (Oswalt, Cheryl) (Entered: 04/23/2024)
2024-04-239RETURN OF SERVICE by Ronald Levitt Merrick B. Garland, Attorney General (Oswalt, Cheryl) (Entered: 04/23/2024)
2024-04-2410NOTICE of Appearance by Robert J Atras on behalf of U.S. Internal Revenue Service (Atras, Robert) (Entered: 04/24/2024)
2024-04-2411NOTICE of Appearance by Edward Q Ragland on behalf of U.S. Internal Revenue Service (Ragland, Edward) (Entered: 04/24/2024)
2024-05-0312NOTICE to remind parties of consent telephone conference scheduled for 11:15 AM on Monday, 5/6/24; if all parties submit an executed consent form, either consenting or declining magistrate judge jurisdiction, the conference will be cancelled. (BST, ) (Entered: 05/03/2024)
2024-05-0313CONSENT to Jurisdiction by US Magistrate Judge (AKD) (Entered: 05/03/2024)
2024-05-03The Telephone Conference set for May 6, 2024 is CANCELLED. (AKD) (Entered: 05/03/2024)
2024-05-0614INITIAL ORDER. Signed by Magistrate Judge Staci G Cornelius on 5/6/2024. (BST, ) (Entered: 05/06/2024)
2024-05-2215REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Exhibit Plaintiff's Addendum, # 2 Exhibit Defendant's Addendum)(Oswalt, Cheryl) (Entered: 05/22/2024)
2024-06-0716TEXT ORDER: Telephone Conference SET for 6/11/2024 02:00 PM before Magistrate Judge Staci G Cornelius; parties to call 877-336-1831 and use access code 2778178 to participate; Signed by Magistrate Judge Staci G Cornelius on 6/7/2024. (BST, ) (Entered: 06/07/2024)
2024-06-11Minute Entry for proceedings held before Magistrate Judge Staci G Cornelius: Telephone Conference held on 6/11/2024. (Court Reporter None.) (BST, ) (Entered: 06/11/2024)
2024-06-1117TEXT ORDER : The court ORDERS the parties to confer and, within 14 days, file an amended Rule 26(f) report that reflects the guidance the court gave the parties during the June 11, 2024 telephone conference. Signed by Magistrate Judge Staci G Cornelius on 6/11/2024. (DNW) (Entered: 06/11/2024)
2024-06-2618REPORT of Rule 26(f) Planning Meeting. (Oswalt, Cheryl) (Entered: 06/26/2024)
2024-07-1219ORDER : The court ORDERS that within 21 days of the production described above, the parties must meet and confer to discuss and attempt to resolve any challenges to FOIA exemptions claimed by the defendant. The court further ORDERS that, if the parties are not able to resolve a challenge to a FOIA exemption claimed by the defendant, the plaintiff must file a motion to compel production of the record at issue within 14 days of the parties' meeting. Signed by Magistrate Judge Staci G Cornelius on 7/12/2024. (DNW) (Entered: 07/12/2024)
2024-10-1820TEXT ORDER : The court SETS this case for a telephone status conference at 11:15 A.M. on November 29, 2024. The parties may access the conference by dialing 877-336-1831 and entering code 2778178. Signed by Magistrate Judge Staci G Cornelius on 10/18/2024. (AKD) (Entered: 10/18/2024)
2024-10-2121TEXT ORDER: Telephone Conference set for November 29, 2024 is RESET for 10/29/2024 11:15 AM before Magistrate Judge Staci G Cornelius; parties to use the previously provided call-in information; Signed by Magistrate Judge Staci G Cornelius on 10/21/2024. (BST, ) (Entered: 10/21/2024)
2024-10-3022TEXT ORDER: The court held a telephone status conference in this case on October 29, 2024. During the status conference, the parties reported they had met and conferred following the defendant's production of records responsive to the plaintiff's FOIA request as to which no exemption was claimed, and the plaintiff's counsel confirmed she had decided not to challenge any exemption claimed by the defendant. However, the plaintiff's counsel stated she was still looking for a few categories of documents she had expected to see in the defendant's production. She has communicated those categories of documents to the defendant's counsel, who intends to look into the matter. The court DIRECTS the parties to notify the court within 30 days whether there remain any document production issues in this case. Signed by Magistrate Judge Staci G Cornelius on 10/30/2024. (BST, ) (Entered: 10/30/2024)
2024-10-30Minute Entry for proceedings held before Magistrate Judge Staci G Cornelius: Telephone Conference held on 10/29/2024. (Court Reporter None.) (BST, ) (Entered: 10/30/2024)
2024-11-2923RESPONSE to re 22 filed by Ronald Levitt. (Oswalt, Cheryl) (Entered: 11/29/2024)
2024-12-0324ORDER- The court SETS January 31, 2025, as the deadline for the defendant to file a motion for summary judgment. The motion should address the category of documents that remain in dispute. The plaintiff MUST file a response to the motion within 21 days from the filing date of the motion. The defendant MUST file any reply within 14 days from the filing date of a response. Signed by Magistrate Judge Staci G Cornelius on 12/03/2024. (AKD) (Entered: 12/03/2024)
2025-01-3025Unopposed MOTION for Extension of Time re: Summary Judgment Deadlines Motion is RIPE 1/30/2025 . Any party may file a motion to reconsider within three (3) business days of a ruling on the motion. Filed by U.S. Internal Revenue Service. (Attachments: # 1 Text of Proposed Order)(Atras, Robert) (Entered: 01/30/2025)
2025-02-0426TEXT ORDER : The defendant has filed an unopposed motion seeking a seven-day extension of its deadline to file a motion for summary judgment. 25 . The court GRANTS the motion and EXTENDS the deadline for the defendant to file a summary judgment motion to February 7, 2025. Signed by Magistrate Judge Staci G Cornelius on 02/04/2025. (AKD) (Entered: 02/04/2025)
2025-02-0727MOTION for Summary Judgment by U.S. Internal Revenue Service. (Attachments: # 1 Brief in Support, # 2 Statement of Undisputed Material Facts, # 3 Declaration of Henry F. Castro)(Atras, Robert) (Entered: 02/07/2025)
2025-02-2828RESPONSE in Opposition re 27 MOTION for Summary Judgment filed by Ronald Levitt. (Oswalt, Cheryl) (Entered: 02/28/2025)
2025-02-2829Evidentiary Material re: 28 Response in Opposition to Motion . (Attachments: # 1 Exhibit Correspondence between counsel)(Oswalt, Cheryl) (Entered: 02/28/2025)
2025-03-1430REPLY to Response to Motion re 27 MOTION for Summary Judgment filed by U.S. Internal Revenue Service. (Attachments: # 1 Response to Plaintiff's Statement of Undisputed Material Facts)(Atras, Robert) (Entered: 03/14/2025)
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by FOIA Project Staff
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