Case Detail

FOIA Project Annotation: A federal court in Ohio has ruled that the IRS conducted an adequate search for records concerning the estate of William Ruben Meadors, who apparently amassed a fortune from land and oil holdings and whose heirs were still fighting over his estate, and his wife Racheal Clairanda Meadors King. Jacqueline Kohake requested the estate's tax returns. The IRS used its Integrated Data Retrieval System to search for records and found nearly 800 responsive records at a National Archives facility in Philadelphia. All the records, related to civil enforcement activities taken or contemplated by the IRS in 1991 or 1992, were disclosed to Kohake. Kokake challenged the search by arguing the agency failed to search for records from the U.S. Attorney for the Northern District of Texas and the Jefferson City Courthouse. But the court pointed out that FOIA obligated agencies only to search for records in their custody and control. The court indicated that "a reasonable search by Defendant would not include the files of the United States Attorney for the Northern District of Texas or documents located in the Jefferson City Courthouse." Kohake contended the agency failed to provide a previous FOIA request submitted by another heir. Accepting the agency's explanation, the court noted that "the Defendant. . .destroys FOIA requests based on the later of two years from receipt. Six years from a final agency determination, or three years from a final court determination. As such, the [other heir's] request, which was made in 1998 as part of a final court determination in 2000, would have been destroyed. Because this destruction was well before Plaintff's FOIA request was made, there is no liability for failing to produce this information." Kokahe also had submitted a number of supplemental documents and claimed they supported her assertion that the search was inadequate. The court, however, observed that "for the most part, these documents provide background information about the Estate of William Ruben Meadors and do not identify any deficiencies in the search conducted by Defendant."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2012-12-14	1	COMPLAINT against Department of Treasury, filed by Jacqueline Kohake. (Attachments: # 1 Civil Cover Sheet, # 2 Filing Fee Receipt) (lk) (Entered: 12/14/2012)
2012-12-14		Filing fee: $ 350.00, receipt number 100CIN017247 (lk) (Entered: 12/14/2012)
2012-12-14		***If this case was referred, it will be to Magistrate Judge Stephanie K. Bowman. (lk) (Entered: 12/14/2012)
2013-02-05	2	Summons Issued as to Department of Treasury. (lk) (Entered: 02/05/2013)
2013-03-04	3	NOTICE of Appearance by Geoffrey J Klimas for Defendant Department of Treasury (Klimas, Geoffrey) (Entered: 03/04/2013)
2013-03-05	4	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint New date requested 4/8/2013. by Defendant Department of Treasury. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order) (Klimas, Geoffrey) (Entered: 03/05/2013)
2013-03-14	5	Summons Issued as to Internal Revenue Service and U.S. Attorney General. (mtw) (Entered: 03/15/2013)
2013-03-28	6	ORDER granting 4 Motion for Extension of Time to Answer re 1 Complaint Department of Treasury answer due 4/8/2013. Signed by Judge Michael R. Barrett on 3/28/13. (ba1) (Entered: 03/28/2013)
2013-04-05	7	CERTIFICATE of Clerk: Certified mailing of summons and complaint through the Clerk's Office pursuant to Local Rule 4.2. (lk) (Entered: 04/05/2013)
2013-04-08	8	ANSWER to 1 Complaint filed by Department of Treasury. (Klimas, Geoffrey) (Entered: 04/08/2013)
2013-04-09		NOTICE OF HEARING: Rule 26(f) Report due by 5/28/2013; Scheduling Conference set for 6/3/2013 at 09:30 AM by teleconference before Judge Michael R. Barrett; Parties shall initiate contact with the Court by calling 513-564-7660 five minutes prior to 9:30 am. Parties may obtain all the pretrial forms such as the Rule 26(f) report and trial procedures used by the trial and Magistrate Judge by visiting our website at: www.ohsd.uscourts.gov (ba1) (Entered: 04/09/2013)
2013-04-17	9	SUMMONS Returned Executed as to Defendant Department of Treasury c/o United States Attorney General. (lk) (Entered: 04/17/2013)
2013-05-28	10	RULE 26(f) REPORT by Plaintiff and Defendant Department of Treasury. (Klimas, Geoffrey) Modified to clarify docket text on 5/29/2013 (lk). (Entered: 05/28/2013)
2013-06-03		Minute Entry for proceedings held before Judge Michael R. Barrett: Scheduling Conference held on 6/3/2013; Arthur Harmon appeared for Plaintiff; Geoffrey Klimas appeared for Defendant; calendar order to follow. (ba1) (Entered: 06/03/2013)
2013-06-03	11	CALENDAR ORDER: Amended Pleadings due by 8/21/2013. Motions directed to pleadings due by 9/4/2013. Status Conference set for 7/16/2013 at 12:00 PM by teleconference before Judge Michael R. Barrett. Motions due by 10/3/2013. Settlement Conference set for 11/19/2013 at 01:30 PM in Chambers before Judge Michael R. Barrett. Signed by Judge Michael R. Barrett on 6/3/13. (ba1) (Entered: 06/03/2013)
2013-07-16		NOTICE re 11 Calendar Order setting 7/16/13 status conference; Arthur Harmon appeared for Plaintiff; Geoffrey Klimas appeared for Defendant; the Court was not available for the conference; the parties have agreed to submit via email to barrett_chambers@ohsd.uscourts.gov a status report; case to proceed as scheduled. (ba1) Modified on 7/16/2013 (ba1) to edit text and regenerate the NEF. (Entered: 07/16/2013)
2013-10-01	12	MOTION for Summary Judgment by Defendant Department of Treasury. Responses due by 10/25/2013 (Attachments: # 1 Memorandum in Support, # 2 Statement of Undisputed Material Facts, # 3 Declaration of Geoffrey J. Klimas, # 4 Declaration of Kathy Peirce, # 5 Declaration of Julie Schmitz, # 6 Declaration of Stephanie Sasarak, # 7 Text of Proposed Order, # 8 Certificate of Service) (Klimas, Geoffrey) (Entered: 10/01/2013)
2013-10-24	14	First MOTION for Extension of Time to File Response/Reply New date requested 11/7/2013. by Plaintiff Jacqueline Kohake. (Harmon, Arthur) (Entered: 10/24/2013)
2013-10-25		Notice of Correction re: 14 First MOTION for Extension of Time to File Response/Reply New date requested 11/7/2013. This document was filed without a Certificate of Service. Counsel was notified and they are to file a Certificate of Service under Notice (other) and link it back to 14 Motion for Extension of Time. (jlw) (Entered: 10/25/2013)
2013-10-25	15	NOTICE of Certificate of Service by Plaintiff Jacqueline Kohake re 14 First MOTION for Extension of Time to File Response/Reply New date requested 11/7/2013. (Harmon, Arthur) Modified on 10/28/2013 (lk). (Entered: 10/25/2013)
2013-11-06	16	Second MOTION for Extension of Time to File Response/Reply New date requested 11/8/2013. by Plaintiff Jacqueline Kohake. (Attachments: # 1 Certificate of Service) (Harmon, Arthur) (Entered: 11/06/2013)
2013-11-08	17	RESPONSE in Opposition re 12 MOTION for Summary Judgment filed by Plaintiff Jacqueline Kohake. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Certificate of Service) (Harmon, Arthur) (Entered: 11/08/2013)
2013-11-12	18	NOTICE by Plaintiff Jacqueline Kohake re 17 Response in Opposition to Motion (Attachments: # 1 Missing Pgs. Memo, # 2 Missing Pgs. Ex. A) (Harmon, Arthur) (Entered: 11/12/2013)
2013-11-21	19	Unopposed MOTION for Extension of Time New date requested 12/6/2013. by Defendant Department of Treasury. (Attachments: # 1 Text of Proposed Order) (Klimas, Geoffrey) (Entered: 11/21/2013)
2013-11-27	20	ORDER granting 19 Motion for Extension of Time to file reply re 12 Motion for Summary Judgment until 12/6/13. Signed by Judge Michael R. Barrett on 11/27/13. (ba1) (Entered: 11/27/2013)
2013-12-02	21	NOTICE by Defendant Department of Treasury of Substitution of Counsel (Horwitz, Matthew) (Entered: 12/02/2013)
2013-12-06	22	REPLY to Response to Motion re 12 MOTION for Summary Judgment filed by Defendant Department of Treasury. (Attachments: # 1 12/5/13 Declaration of Julie Schmitz, # 2 12/6/13 Declaration of Stephanie Sasarak, # 3 Certificate of Service) (Klimas, Geoffrey) (Entered: 12/06/2013)
2013-12-16	23	ORDER finding as moot 14 Motion for Extension of Time to File Response/Reply ; finding as moot 16 Motion for Extension of Time to File Response/Reply. Signed by Judge Michael R. Barrett on 12/16/13. (ba1) (Entered: 12/16/2013)
2014-03-10	24	NOTICE by Defendant Department of Treasury of Supplemental Authority (Attachments: # 1 Exhibit A) (Klimas, Geoffrey) (Entered: 03/10/2014)
2014-09-05	25	First MOTION for Leave to File Affidavit of Dan Proffit by Plaintiff Jacqueline Kohake. (Harmon, Arthur) (Entered: 09/05/2014)
2014-09-05	26	Supplemental Memorandum Opposing re 12 MOTION for Summary Judgment filed by Plaintiff Jacqueline Kohake. (Attachments: # 1 Affidavit Dan Proffit Affidavit, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit B1, # 5 Exhibit B2, # 6 Exhibit B3, # 7 Exhibit B4, # 8 Exhibit B5, # 9 Exhibit B6, # 10 Exhibit B7, # 11 Exhibit B8, # 12 Exhibit B9, # 13 Exhibit B10, # 14 Exhibit B11, # 15 Exhibit B12) (Harmon, Arthur) Modified docket text on 9/8/2014 (eh1). (Entered: 09/05/2014)
2014-09-08	27	RESPONSE in Opposition re 25 First MOTION for Leave to File Affidavit of Dan Proffit filed by Defendant Department of Treasury. (Klimas, Geoffrey) (Entered: 09/08/2014)
2014-10-09	28	ORDER granting 25 Motion for Leave to File Supplemental Affidavit in Opposition to 12 Motion for Summary Judgment. Signed by Judge Michael R. Barrett on 10/9/14. (ba1) (Entered: 10/09/2014)
2014-12-01	29	ORDER granting 12 Motion for Summary Judgment; The Clerk is directed to file under seal two in camera documents the Court has deemed to be properly withheld. Signed by Judge Michael R. Barrett on 11/28/14. (ba1) (Entered: 12/01/2014)
2014-12-01	31	CLERK'S JUDGMENT filed concurrently with 29 Order signed by Judge Michael R. Barrett on 11/28/14. (ba1) (Entered: 12/01/2014)
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