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Case TitleRhodes v. U.S. Internal Revenue Services
DistrictNorthern District of Alabama
CitySouthern
Case Number2:2024cv00858
Date Filed2024-06-28
Date ClosedOpen
JudgeMagistrate Judge Staci G Cornelius
PlaintiffGregory P. Rhodes
Case DescriptionGregory Rhodes, an attorney who represented Polk Limestone Investors, submitted a FOIA request to the IRS for records concerning the administrative file pertaining to Polk Limestone. The agency acknowledged the request and told Rhodes several times that it was processing his request. However, after hearing nothing further from the agency, Rhodes filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantU.S. Internal Revenue Services
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
Complaint attachment 9
Complaint attachment 10
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-06-281COMPLAINT against U.S. Internal Revenue Services, filed by Gregory P. Rhodes. (Attachments: # 1 Exh. 1, # 2 Exh. 2, # 3 Exh. 3, # 4 Exh. 4, # 5 Exh. 5, # 6 Exh. 6, # 7 Exh. 7, # 8 Exh. 8, # 9 Exh. 9, # 10 Civil Cover Sheet)(DNW) Modified on 7/1/2024 (DNW). (Entered: 07/01/2024)
2024-07-012NOTICE OF ASSIGNMENT OF CASE TO A UNITED STATES MAGISTRATE JUDGE FOR TRIAL. You must complete the attached form to indicate whether you consent to proceed before the assigned magistrate judge or decline to proceed before the assigned magistrate judge. (DNW) (Entered: 07/01/2024)
2024-07-01Filing Fee: Filing fee $ 405, receipt_number AALNDC-4625850 (B-12264). related document 1 COMPLAINT against U.S. Internal Revenue Services, filed by Gregory P. Rhodes. (Attachments: # 1 Exh. 1, # 2 Exh. 2, # 3 Exh. 3, # 4 Exh. 4, # 5 Exh. 5, # 6 Exh. 6, # 7 Exh. 7, # 8 Exh. 8, # 9 Exh. 9, # 10 Civil Cover Sheet)(DNW) Modified on 7/1/2024 (DNW).. (Oswalt, Cheryl) Modified on 7/1/2024 (DNW). (Entered: 07/01/2024)
2024-07-013Summons Issued as to U.S. Internal Revenue Services, U.S. Attorney and U.S. Attorney General. Returned to plaintiff for service. (DNW) (Entered: 07/01/2024)
2024-08-054MOTION for Extension of Time to Respond to Complaint Motion is RIPE 8/5/2024 . 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 Services. (Attachments: # 1 Text of Proposed Order)(Atras, Robert) (Entered: 08/05/2024)
2024-08-075TEXT ORDER : The defendant's unopposed motion to extend its responsive pleading deadline to September 4, 2024, is GRANTED . 4 . Because the extension suspends the occurrence of a "triggering event" under the General Order for Referral to Magistrate Judges, the parties are ORDERED to submit forms indicating whether they consent to magistrate judge jurisdiction pursuant to 28 U.S.C. § 636 by no later than September 19, 2024 . In the absence of consent by all parties, the Clerk is DIRECTED to reassign the case to a district judge without further order after September 19, 2024 . A telephone status conference is SET for August 21, 2024 , at 11:15 a.m. The parties are DIRECTED to call 877-336-1831 to access the telephone conference. The access code is 2778178 . The telephone conference will be cancelled by separate order if all forms are submitted twenty-four hours in advance. Signed by Magistrate Judge Staci G Cornelius on 08/07/2024. (AKD) (Entered: 08/07/2024)
2024-08-136CONSENT to Jurisdiction by US Magistrate Judge (AKD) (Entered: 08/13/2024)
2024-08-13The Telephone Conference set for August 21, 2024 is CANCELLED. (AKD) (Entered: 08/13/2024)
2024-08-137INITIAL ORDER. Signed by Magistrate Judge Staci G Cornelius on 8/13/2024. (BST, ) (Entered: 08/13/2024)
2024-08-138ORDER regarding compliance with Rule 26; Rule 26 Meeting Report due by 9/17/2024; Signed by Magistrate Judge Staci G Cornelius on 8/13/2024. (BST, ) (Entered: 08/13/2024)
2024-09-049ANSWER to 1 Complaint, by U.S. Internal Revenue Services.(Atras, Robert) (Entered: 09/04/2024)
2024-09-1710REPORT of Rule 26(f) Planning Meeting. (Oswalt, Cheryl) (Entered: 09/17/2024)
2024-10-2311ORDER-The defendant states in the report that its search for records potentially responsive to the plaintiff's FOIA request is ongoing. (Doc. 10 at 3). The court ORDERS that on or before January 17, 2025, the defendant must complete this search and produce to the plaintiff all responsive, non-exempt records, together with a log identifying the records as to which exemption is claimed and asserting the nature of the claimed exemption. 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 10/23/2024. (AKD) (Entered: 10/23/2024)
2025-01-0712Unopposed MOTION to Amend/Correct 11 Order,,, ( by U.S. Internal Revenue Services. (Attachments: # 1 Brief in Support of Motion, # 2 Text of Proposed Order)(Atras, Robert) (Entered: 01/07/2025)
2025-01-0813NOTICE by U.S. Internal Revenue Services re 12 Unopposed MOTION to Amend/Correct 11 Order,,, ( Notice of Filing of Exhibit to 12 Defendant's Motion to Modify Order ) (Attachments: # 1 Exhibit : Declaration of Andrew Keaton)(Atras, Robert) (Entered: 01/08/2025)
2025-01-1714ORDER GRANTING IN PART 12 Motion Seeking Modification Of The Scheduling Order; The court relieves the IRS of its obligation to complete its review and production on or before January 17, 2025. The court further relieves the IRS of its obligation to provide with its document production a log identifying the records as to which exemption is claimed and asserting the nature of the claimed exemption. The court orders the IRS instead to undertake its best efforts to review 2,000 pages of potentially responsive documents within the next 30 days and produce to the plaintiff the responsive, non-exempt records. The court further orders the IRS, while continuing its document review, to file a status report within seven days of the production, relaying how many pages it was able to process within the 30-day period. By separate order the court will thereafter schedule a telephone status conference and determine an appropriate processing rate for the remaining records. Signed by Magistrate Judge Staci G Cornelius on 01/17/2025. (AKD) (Entered: 01/17/2025)
2025-02-2115STATUS REPORT by U.S. Internal Revenue Services. filed by U.S. Internal Revenue Services (Atras, Robert) (Entered: 02/21/2025)
2025-03-0516ORDER re 15 Status Report filed by U.S. Internal Revenue Services; The court GRANTS the renewed request and DIRECTS the IRS to review and produce at least 500 pages of potentially responsive records per month. The court emphasizes this processing rate is a floor, not a ceiling. The court FURTHER DIRECTS the IRS to undertake its best efforts to identify records wholly exempt from disclosure (like the third-party tax returns) on the front-end of this review timeline, so the parties and the court have a better understanding of how many pages of records will require a page-by-page, line-by-line review. Finally, the court DIRECTS the parties to file a joint report of the status of the agencys review and production every 90 days. Signed by Magistrate Judge Staci G Cornelius on 03/05/2025. (AKD) (Entered: 03/05/2025)
2025-06-0317STATUS REPORT (Joint Status Report) by Gregory P. Rhodes. filed by Gregory P. Rhodes (Oswalt, Cheryl) (Entered: 06/03/2025)
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