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Case TitleLevin v. U.S. Internal Revenue Service
DistrictNorthern District of Alabama
CityNortheastern
Case Number5:2024cv00582
Date Filed2024-05-08
Date ClosedOpen
JudgeMagistrate Judge Herman N Johnson, Jr
PlaintiffMichelle A. Levin
Case DescriptionMichelle Levin, an attorney representing clients with disputes before the IRS, submitted a FOIA request to the IRS for records concerning employee retention credits created under the CARES Act. The agency acknowledged receipt of the request and classified Levin as a commercial requester. After hearing nothing further from the agency, Levin 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
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-05-081COMPLAINT against U.S. Internal Revenue Service, filed by Michelle A. Levin. (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)(LCB) (Entered: 05/09/2024)
2024-05-092NOTICE of assignment of case to a United States Magistrate Judge for trial. (LCB) (Entered: 05/09/2024)
2024-05-10Filing Fee: Filing fee $ 405, receipt_number AALNDC-4588791. related document 1 COMPLAINT against U.S. Internal Revenue Service, filed by Michelle A. Levin. (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)(LCB). (Oswalt, Cheryl) (Entered: 05/10/2024)
2024-05-133Summons Issued by the clerk as to U.S. Internal Revenue Service, U.S. Attorney and U.S. Attorney General - Merrick B. Garland and delivered to Plaintiff for service (LCB) (Entered: 05/13/2024)
2024-05-294NOTICE of Appearance by Robert J Atras on behalf of U.S. Internal Revenue Service (Atras, Robert) (Entered: 05/29/2024)
2024-06-035Joint MOTION for Extension of Time to Respond to Complaint Motion is RIPE 6/3/2024 . 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: 06/03/2024)
2024-06-036ORDER: The court GRANTS 5 Motion for Extension of Time and ORDERS Defendant to answer or otherwise respond to Plaintiff's complaint by July 12, 2024. Signed by Magistrate Judge Herman N Johnson, Jr on 6/3/2024. (LCB) (Entered: 06/03/2024)
2024-06-257AMENDED COMPLAINT against U.S. Internal Revenue Service, filed by Michelle A. Levin. (Attachments: # 1 Exhibit IRS ERC Audits Undergo Changes as They Get Older, Tax Notes, # 2 Exhibit October 13, 2023 FOIA Request, # 3 Exhibit October 18, 2023 IRS Response, # 4 Exhibit October 25, 2023 email and Response, # 5 Exhibit November 6, 2023 email and letter, # 6 Exhibit December 22, 2023 Letter, # 7 Exhibit April 2, 2024 Email and Response, # 8 Exhibit May 8, 2024 Final Response Letter, # 9 Exhibit Plaintiff's Summary of Documents, # 10 Exhibit Copy of Examination Report in California case)(Oswalt, Cheryl) (Entered: 06/25/2024)
2024-07-108Unopposed MOTION for Extension of Time to Respond to Complaint Motion is RIPE 7/10/2024 . 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: 07/10/2024)
2024-07-119ORDER: The Court GRANTS 8 Motion for Extension of Time and ORDERS Defendant to answer or otherwise respond to Plaintiff's complaint by August 12, 2024. Signed by Magistrate Judge Herman N Johnson, Jr on 7/11/2024. (LCB) (Entered: 07/11/2024)
2024-08-0910Unopposed MOTION for Extension of Time to Respond to Complaint Motion is RIPE 8/9/2024 . 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: 08/09/2024)
2024-08-1211ORDER: The Court GRANTS 10 Motion for Extension of Time and ORDERS the Defendant to answer or otherwise respond to Plaintiff's complaint by September 11, 2024. Signed by Magistrate Judge Herman N Johnson, Jr on 8/12/2024. (LCB) (Entered: 08/12/2024)
2024-09-1012Unopposed MOTION for Extension of Time to Respond to Complaint Motion is RIPE 9/10/2024 . 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: 09/10/2024)
2024-09-1113ORDER: The Court 12 Motion for Extension of Time and ORDERS Defendant to answer or otherwise respond to Plaintiff's complaint by September 25, 2024. Signed by Magistrate Judge Herman N Johnson, Jr on 9/11/2024. (LCB) (Entered: 09/11/2024)
2024-09-2514Unopposed MOTION for Extension of Time to Respond to Complaint Motion is RIPE 9/25/2024 . 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: 09/25/2024)
2024-09-2515ORDER: The court GRANTS 14 Motion for Extension of Time ORDERS Defendant to answer or otherwise respond to Plaintiffs Complaint by October 9, 2024 . Signed by Magistrate Judge Herman N Johnson, Jr on 9/25/2024. (LCB) (Entered: 09/25/2024)
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by FOIA Project Staff
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