Case Detail

FOIA Project Annotation: A federal court in Ohio has ruled that Jon Rogers' settlement of forfeiture claims brought against him by the government for profits from an illegal off-shore gambling operation includes FOIA litigation concerning the government's case. As part of the settlement dismissing four forfeiture claims, Rogers agreed to release the United States from any claims. He later submitted a FOIA request to the IRS for records concerning the investigation of the forfeiture actions and the subsequent settlement. The IRS told Rogers that all the records were exempt, primarily as tax return information. Rogers then sued and a federal magistrate judge ordered the IRS to provide monthly progress reports on its response. Unsatisfied with the agency's pace, Rogers asked for a default judgment. The IRS argued that the forfeiture settlement prohibited FOIA litigation as well. The court agreed, noting that "the language of the release is not limited to claims 'arising out of' the forfeiture actions. It also includes claims of every kind and manner 'related to and/or in connection with' those actions. All of the FOIA requests are related to the forfeiture actions."
Issues: Litigation - Jurisdiction - Standing

Date Filed	Doc #	Docket Text
2013-08-09	1	Civil Cover Sheet (kk2) (Entered: 08/12/2013)
2013-08-09	2	COMPLAINT against Internal Revenue Service filed by Jon R. Rogers (kk2) (Entered: 08/12/2013)
2013-08-09		Filing fee (Complaint): $ 400.00, receipt number COL028687 (kk2) (Entered: 08/12/2013)
2013-08-09	3	Summons Issued as to Internal Revenue Service, U.S. Attorney and U.S. Attorney General (kk2) (Entered: 08/12/2013)
2013-08-12	4	EXHIBITS re 2 Complaint by Plaintiff Jon R. Rogers (kk2) (Entered: 08/12/2013)
2013-08-12	5	CERTIFICATE of Mailing By Clerk: Summons and Complaint (plus exhibits) sent by certified mail to Internal Revenue Service, U.S. Attorney & U.S. Attorney General (kk2) (Entered: 08/12/2013)
2013-08-14	6	SUMMONS Returned Executed: U.S. Attorney served on 8/13/2013, answer due 10/15/2013 (Attachments: # 1 Certified Mail Receipt Return) (kk2) (Entered: 08/15/2013)
2013-08-19	7	SUMMONS Returned Executed: U.S. Attorney General served on 8/14/2013, answer due 10/15/2013 (Attachments: # 1 Certified Mail Receipt Return) (kk2) (Entered: 08/19/2013)
2013-09-05	8	MOTION for Extension of Time to File Answer re 7 Summons Returned Executed as to USA, 6 Summons Returned Executed as to USA New date requested 11/12/2013. by Defendant Internal Revenue Service. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order) (Bringer, Norah) (Entered: 09/05/2013)
2013-09-09	9	ORDER granting 8 Motion for Extension of Time to Answer re 2 Complaint - Internal Revenue Service answer due 11/12/2013. Signed by Magistrate Judge Terence P Kemp on 9/9/2013. (kk2) (Entered: 09/09/2013)
2013-09-17	10	NOTICE: Initial Conference set for 11/12/2013 @ 4:00pm in chambers before Magistrate Judge Terence P Kemp (kk2) (Entered: 09/18/2013)
2013-10-11	11	MOTION for Extension of Time to File Answer re 2 Complaint New date requested 12/2/2013. Motion requests extension of deadline until 45 days after funding is appropriated for the Department of Justice and Internal Revenue Service , MOTION to Continue Preliminary Pretrial Conference by Defendant Internal Revenue Service. (Attachments: # 1 Text of Proposed Order) (Bringer, Norah) (Entered: 10/11/2013)
2013-10-16	12	ORDER granting 11 Motion for Extension of Time to Answer re 2 Complaint ; granting 11 Motion to Continue Preliminary Pretrial Conference. Signed by Magistrate Judge Terence P Kemp on 10/16/2013. (pes1) (Entered: 10/16/2013)
2013-10-17	13	NOTICE by Defendant Internal Revenue Service re 12 Order on Motion for Extension of Time to Answer, Order on Motion to Continue - Notice of Appropriated Funds to Department of Justice and Internal Revenue Service (Bringer, Norah) (Entered: 10/17/2013)
2013-11-12	14	NOTICE of Hearing: Initial Conference RESET for 1/14/2014 @ 4:00pm in hambers before Magistrate Judge Terence P Kemp (kk2) (Entered: 11/12/2013)
2013-12-02	15	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Internal Revenue Service. (Attachments: # 1 Brief in Support of Partial Motion to Dismiss, # 2 Text of Proposed Order) (Bringer, Norah) (Entered: 12/02/2013)
2013-12-19	16	RESPONSE in Opposition re 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Jon R. Rogers. (Carroll, David) (Entered: 12/19/2013)
2014-01-02	17	REPLY to Response to Motion re 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Internal Revenue Service. (Bringer, Norah) (Entered: 01/02/2014)
2014-01-07	18	RULE 26(f) REPORT Joint Report by Plaintiff Jon R. Rogers. (Attachments: # 1 Exhibit A to Rule 26(f) Report) (Carroll, David) (Entered: 01/07/2014)
2014-01-08	19	NOTICE of Hearing: Initial Conference RESET for 1/15/2014 @ 4:00pm by Teleconference before Magistrate Judge Terence P Kemp (kk2) (Entered: 01/09/2014)
2014-01-15		Initial Pretrial Conference held on 1/15/2014 before Magistrate Judge Terence P. Kemp. (jv) (Entered: 01/16/2014)
2014-01-16	20	PRELIMINARY PRETRIAL ORDER: Joinder of Parties & Motions to Amend due by 3/17/2014; Dispositive motions due by 11/15/2014 & Settlement Week 12/2014. Signed by Magistrate Judge Terence P Kemp on 1/16/2014. (kk2) (Entered: 01/16/2014)
2014-01-17	21	Objection to Magistrate Judge Orderre 20 Preliminary Pretrial Order (Request regarding holding final deadlines in abeyance until the Service submits the report of its electronic records search) by Defendant Internal Revenue Service. (Bringer, Norah) (Entered: 01/17/2014)
2014-01-31	22	AMENDED PRELIMINARY PRETRIAL ORDER: Hard copy records will be produced on a rolling basis between 2/15/2014 & 11/15/2014, and a report about electronic records will be made by 7/31/2014. Signed by Magistrate Judge Terence P Kemp on 1/31/2014. (kk2) (Entered: 01/31/2014)
2014-04-29	23	ORDER denying without prejudice 15 Motion to Dismiss for Failure to State a Claim. Signed by Judge James L. Graham on 4/29/14. (jlg6) (Entered: 04/29/2014)
2014-05-22	24	Motion For Status Conference filed by Plaintiff Jon R. Rogers Request for Magistrate Telephone Conference (Attachments: # 1 Exhibit Exh A Counsel Communications) (Carroll, David) (Entered: 05/22/2014)
2014-05-28	25	NOTICE of Hearing: Discovery Conference set for 6/20/2014 @ 11:00 AM before Magistrate Judge Terence P Kemp. (sh1) (Entered: 05/28/2014)
2014-06-20		Status Conference held on 6/20/2014 before Magistrate Judge Terence P. Kemp. (jv) (Entered: 06/30/2014)
2014-06-25	26	NOTICE of Hearing: Status Conference set for 7/11/2014 @ 11:00 AM before Magistrate Judge Terence P Kemp. (sh1) (Entered: 06/25/2014)
2014-06-26	27	NOTICE of Appearance by Andrew C. Strelka for Defendant Internal Revenue Service (Strelka, Andrew) (Entered: 06/26/2014)
2014-07-11		Status Conference held on 7/11/2014 before Magistrate Judge Terence P. Kemp. (jv) (Entered: 07/21/2014)
2014-07-23	28	Motion for Contempt and to Compel Compliance Pre-Trial Order by Plaintiff Jon R. Rogers. (Attachments: # 1 Exhibit Exhibit 1 Pretrial Orders, # 2 Exhibit Exhibits 2 (a, b, & c ) Communication re February Report, # 3 Exhibit Exhibit 3 Communication re March report, # 4 Exhibit Exhibits 4 (a, b c & d) Communications re April report, # 5 Exhibit Exhibits 5 (a, b & c) Communications re May report, # 6 Exhibit Exhibit 6 June Report, # 7 Exhibit Exhibit 7 July Report) (Carroll, David) (Entered: 07/23/2014)
2014-07-23	29	CERTIFICATE of Counsel re 28 Motion for Contempt and to Compel Compliance Pre-Trial Order re Efforts to Resolve Informally by David W Telford Carroll Plaintiff Jon R. Rogers (Carroll, David) (Entered: 07/23/2014)
2014-07-30	30	RESPONSE in Opposition re 28 Motion for Contempt and to Compel Compliance Pre-Trial Order filed by Defendant Internal Revenue Service. (Attachments: # 1 Exhibit Declaration of Neguiel Hicks) (Strelka, Andrew) (Entered: 07/30/2014)
2014-08-07	31	REPLY to Response to Motion re 28 Motion for Contempt and to Compel Compliance Pre-Trial Order filed by Plaintiff Jon R. Rogers. (Carroll, David) (Entered: 08/07/2014)
2014-08-29	32	Emergency MOTION for Hearing Status Conference on New Discovery Failure by IRS by Plaintiff Jon R. Rogers. (Carroll, David) (Entered: 08/29/2014)
2014-09-02	33	NOTICE of Appearance by Joseph E. Hunsader for Defendant Internal Revenue Service (Hunsader, Joseph) (Entered: 09/02/2014)
2014-09-26	34	NOTICE of Hearing: Discovery Conference set for 9/30/2014 10:00 AM before Magistrate Judge Terence P Kemp. (sh1) (Entered: 09/26/2014)
2014-09-30		Discovery Conference held on 9/30/2014 before Magistrate Judge Terence P. Kemp. (jv) (Entered: 09/30/2014)
2014-10-20	35	NOTICE of Hearing: Final Pretrial Conference set for 6/12/2015 @10:30 AM in Room #243 before Judge James L Graham. Jury Trial set for 7/13/2015 @9:00 AM in Courtroom 5 - Columbus before Judge James L Graham. (Attachments: # 1 Appendix Jury Trial Instruction, # 2 Appendix Decorum, # 3 Appendix Final Pretrial Order) (ds) (Entered: 10/20/2014)
2014-10-21	36	MOTION to Clarify Defendant's Proposal Regarding Electronically Stored Information ("ESI") Pursuant to September 30, 2014, Teleconference by Defendant Internal Revenue Service. (Attachments: # 1 Exhibit A -- Plaintiff's FOIA Request, # 2 Exhibit B -- IRS's October 15, 2014, hardcopy record spreadsheet) (Hunsader, Joseph) (Entered: 10/21/2014)
2014-11-12		Status Conference held on 11/12/2014 before Magistrate Judge Terence P. Kemp. (jv) (Entered: 11/13/2014)
2014-11-13	37	MOTION for Summary Judgment based upon Rogers' settlement release by Defendant Internal Revenue Service. Responses due by 12/8/2014 (Attachments: # 1 Text of Proposed Order, # 2 Affidavit Hunsader Declaration, # 3 Exhibit Ex. A (04-838 Complaint), # 4 Exhibit Ex. B (03-815 Complaint), # 5 Exhibit Ex. C. (03-1157 Complaint), # 6 Exhibit Ex. D (04-353 Complaint), # 7 Exhibit Ex. E (Rogers Settlement), # 8 Exhibit Ex. F (Thorne Settlement), # 9 Exhibit Ex. G (Carib Settlement), # 10 Exhibit Ex. H (Estate of Mowad Settlement), # 11 Exhibit Ex. I (Rogers FOIA Request -- 71 items), # 12 Exhibit Ex. J (Pltf Counsel Letter 12 29 2013) (Hunsader, Joseph) (Entered: 11/13/2014)
2014-11-13	38	BRIEF re 37 MOTION for Summary Judgment based upon Rogers' settlement release by Defendant Internal Revenue Service. (Hunsader, Joseph) (Entered: 11/13/2014)
2014-11-25	39	RESPONSE in Opposition re 37 MOTION for Summary Judgment based upon Rogers' settlement release filed by Plaintiff Jon R. Rogers. (Attachments: # 1 Affidavit Declaration of Frank J. Bruzzese) (Carroll, David) (Entered: 11/25/2014)
2014-11-25	40	MOTION for Default Judgment against Internal Revenue Service by Plaintiff Jon R. Rogers. Responses due by 12/19/2014 (Attachments: # 1 Text of Proposed Order) (Carroll, David) (Entered: 11/25/2014)
2014-12-03	41	Supplemental Memorandum Opposing re 28 Motion for Contempt and to Compel Compliance Pre-Trial Order filed by Defendant Internal Revenue Service. (Attachments: # 1 Affidavit, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7 (Vaughn index from Peeler v. USDOJ), # 9 Exhibit 8 (Vaughn index from Toensing v. USDOJ), # 10 Exhibit 9 (Vaughn index from Judicial Watch v. USDOJ)) (Hunsader, Joseph) (Entered: 12/03/2014)
2014-12-12	42	REPLY to 39 Response to 37 MOTION for Summary Judgment based upon Rogers' settlement release filed by Defendant Internal Revenue Service. (Hunsader, Joseph) Modified text and added link on 12/15/2014 (er1). (Entered: 12/12/2014)
2014-12-15	43	Supplemental Memorandum Supporting re 28 Motion for Contempt and to Compel Compliance Pre-Trial Order filed by Plaintiff Jon R. Rogers. (Bruzzese, Frank) (Entered: 12/15/2014)
2014-12-17	44	RESPONSE in Opposition re 40 MOTION for Default Judgment against Internal Revenue Service filed by Defendant Internal Revenue Service. (Attachments: # 1 Text of Proposed Order) (Hunsader, Joseph) (Entered: 12/17/2014)
2014-12-29	45	REPLY to 44 Response to 40 MOTION for Default Judgment against Internal Revenue Service filed by Plaintiff Jon R. Rogers. (Carroll, David) Modified text and added link on 12/29/2014 (er1). (Entered: 12/29/2014)
2015-03-02	46	OPINION AND ORDER granting 37 Motion for Summary Judgment; denying 40 Motion for Default Judgment; denying 28 Motion for Contempt. Signed by Judge James L Graham on 3/2/2015. (ds) (Entered: 03/02/2015)
2015-03-02	47	JUDGMENT. Case Terminated. (ds) (Entered: 03/02/2015)
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