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Case TitleHarman et al v. Internal Revenue Service
DistrictNorthern District of Georgia
CityAtlanta
Case Number1:2013cv03981
Date Filed2013-12-02
Date Closed2015-06-03
JudgeJudge Orinda D. Evans
PlaintiffKatherine R. Harman
PlaintiffC. Dale Harman, Jr.
Case DescriptionThe IRS conducted an examination of the Harmans' tax returns. The Harmans requested a copy of the agency's records concerning their tax examination. The agency indicated it had located 3,200 pages and withheld about 2,000 pages under Exemption 3 (other statutes), Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 7(E) (investigative methods and techniques). The Harmans filed an administrative appeal and the agency upheld its initial decision. The Harmans then filed suit.
Complaint issues: Exemption 3 - Limited agency discretion

DefendantInternal Revenue Service
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-12-021COMPLAINT, filed by Katherine R. Harman and C. Dale Harman, Jr.. ( Filing fee $ 400.00 receipt number 113E-4912806.) (Attachments: # 1 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. Modified filer's name on 12/2/2013 (eop). (Entered: 12/02/2013)
2013-12-022Electronic Summons Issued as to Internal Revenue Service, re: U. S. Attorney and U. S. Attorney General. (Attachments: # 1 Attorney General)(eop) (Entered: 12/02/2013)
2013-12-02Submission of 1 Complaint for Review, submitted to District Judge Orinda D. Evans. (eop) (Entered: 12/02/2013)
2014-01-063Consent MOTION for Extension of Time to File Answer or Otherwise Plead by Internal Revenue Service. (Attachments: # 1 Text of Proposed Order)(Nash, Ann) (Entered: 01/06/2014)
2014-01-084ORDER granting 3 Motion for Extension of Time to Answer re 1 Complaint. Internal Revenue Service Answer due 2/5/2014. Signed by Judge Orinda D. Evans on 01/08/14. (fap) (Entered: 01/08/2014)
2014-02-055MOTION to Dismiss or in the Alternative MOTION for Summary Judgment with Brief In Support by Internal Revenue Service. (Attachments: # 1 Memorandum of Law, # 2 Text of Proposed Order, # 3 Declaration of Carol Peters, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E)(Nash, Ann) . Added MOTION for Summary Judgment on 2/6/2014 (fap). (Entered: 02/05/2014)
2014-02-246RESPONSE in Opposition re 5 MOTION to Dismiss or in the Alternative for Summary Judgment MOTION for Summary Judgment Opposition to Motion to Dismiss filed by C. Dale Harman, Jr, Katherine R. Harman. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Edwards, Donald) (Entered: 02/24/2014)
2014-02-25Submission of 5 MOTION to Dismiss or in the Alternative for Summary Judgment MOTION for Summary Judgment, submitted to District Judge Orinda D. Evans. (fap) (Entered: 02/25/2014)
2014-03-037RESPONSE in Opposition re 5 MOTION to Dismiss or in the Alternative for Summary Judgment MOTION for Summary Judgment Memorandum in Opposition to Defendant's Alternative Motion for Summary Judgment filed by C. Dale Harman, Jr, Katherine R. Harman. (Attachments: # 1 Exhibit A)(Edwards, Donald) (Entered: 03/03/2014)
2014-03-05Submission of 5 MOTION to Dismiss or in the Alternative for Summary Judgment MOTION for Summary Judgment, submitted to District Judge Orinda D. Evans. (fap) (Entered: 03/05/2014)
2014-03-118REPLY to Response to Motion re 5 MOTION to Dismiss or in the Alternative for Summary Judgment MOTION for Summary Judgment filed by Internal Revenue Service. (Nash, Ann) (Entered: 03/11/2014)
2014-05-299ORDER granting in part and denying in part 5 Defendant's Motion to Dismiss, or, in the alternative, 5 Motion for Summary Judgment. Signed by Judge Orinda D. Evans on 5/29/14. (ddm) (Entered: 05/30/2014)
2014-06-1610Consent MOTION for Extension of Time to File Answer by Internal Revenue Service. (Attachments: # 1 Text of Proposed Order)(Nash, Ann) (Entered: 06/16/2014)
2014-06-1811ORDER granting 10 Consent Motion for Extension of Time for the Internal Revenue Service to Answer re 1 Complaint up through and including July 7, 2014. Signed by Judge Orinda D. Evans on 06/18/14. (fap) (Entered: 06/19/2014)
2014-07-0712ANSWER to 1 COMPLAINT by Internal Revenue Service. Discovery ends on 12/4/2014.(Nash, Ann) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 07/07/2014)
2014-10-2313ORDER DIRECTING the parties to file a joint preliminary report and discovery plan within ten (10) days of date of entry of this order. The Clerk is directed to resubmit this action in ten (10) days. Signed by Judge Julie E. Carnes on 10/22/14. (fap) (Entered: 10/23/2014)
2014-11-0314JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Internal Revenue Service. (Nash, Ann) (Entered: 11/03/2014)
2014-11-0715SCHEDULING ORDER: re: 14 Joint Preliminary Report and Discovery Plan. The Court orders that the time limits for adding parties, amending the pleadings, filing motions, completing discovery, and discussing settlement are as set out in the Federal Rules of Civil Procedure and the Local Rules of this Court, except as herein modified. Signed by Judge Orinda D. Evans on 11/06/14. (fap) (Entered: 11/07/2014)
2014-12-0116Certification of Consent to Substitution of Counsel. Kavitha Bondada replacing attorney Ann E. Nash. (Bondada, Kavitha) (Entered: 12/01/2014)
2014-12-2217MOTION for Extension of Time to file a Dispositive Motion by Internal Revenue Service. (Attachments: # 1 Text of Proposed Order)(Bondada, Kavitha) (Entered: 12/22/2014)
2015-01-0518RESPONSE in Opposition re 17 MOTION for Extension of Time to file a Dispositive Motion filed by C. Dale Harman, Jr, Katherine R. Harman. (Edwards, Donald) (Entered: 01/05/2015)
2015-01-07Submission of 17 MOTION for Extension of Time to file a Dispositive Motion , submitted to District Judge Orinda D. Evans. (fap) (Entered: 01/07/2015)
2015-01-1619ORDER granting 17 Motion for Extension of Time to file dispositive motions up through and including January 26, 2015. Response times will be governed by Local Rule 7.1. Signed by Judge Orinda D. Evans on 01/16/15. (fap) (Entered: 01/16/2015)
2015-01-2620MOTION for Summary Judgment with Brief In Support by Internal Revenue Service. (Attachments: # 1 Memorandum in Support, # 2 Statement of Material Facts, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Text of Proposed Order)(Bondada, Kavitha) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 01/26/2015)
2015-02-1921RESPONSE in Opposition re 20 MOTION for Summary Judgment filed by C. Dale Harman, Jr, Katherine R. Harman. (Attachments: # 1 Affidavit of C. Dale Harman, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I)(Edwards, Donald) (Entered: 02/19/2015)
2015-02-1922Response to Statement of Material Facts re 20 MOTION for Summary Judgment filed by C. Dale Harman, Jr, Katherine R. Harman. (Edwards, Donald) (Entered: 02/19/2015)
2015-02-1923Statement of Material Facts re 20 MOTION for Summary Judgment filed by C. Dale Harman, Jr, Katherine R. Harman. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Edwards, Donald) (Entered: 02/19/2015)
2015-02-20Submission of 20 MOTION for Summary Judgment , submitted to District Judge Orinda D. Evans. (fap) (Entered: 02/20/2015)
2015-03-0524REPLY to Response to Motion re 20 MOTION for Summary Judgment filed by Internal Revenue Service. (Attachments: # 1 Response to Statement of Additional Material Facts)(Bondada, Kavitha) (Entered: 03/05/2015)
2015-04-0925ORDER granting in part and deferring in part 20 Motion for Summary Judgment. For the reasons set forth above, Defendant is ORDERED to produce, for in camera review, all of the documents it has withheld in response to Plaintiffs' FOIA requests (including the 1,880 pages Defendant maintains are not responsive) within thirty (30) days of the date of entry of this Order. Accordingly, Defendant's Motion for Summary Judgment is GRANTED IN PART as to Plaintiffs' claim for inadequate search and DEFERRED IN PART as to their claim for improperly withholding documents until the completion of the in camera review. Signed by Judge Orinda D. Evans on 04/09/15. (fap) (Entered: 04/10/2015)
2015-05-1126NOTICE of Compliance by Internal Revenue Service (Bondada, Kavitha) Modified on 5/12/2015 to accurately reflect e-filed pleading(fap). (Entered: 05/11/2015)
2015-05-1427(FILED UNDER SEAL) NOTICE OF PASSWORD by Internal Revenue Service (fap) (Entered: 05/14/2015)
2015-05-1428(FILED UNDER SEAL) ORDER sealing the 27 Notice of Password that was received in chambers on May 13, 2015. (fap) (Entered: 05/14/2015)
2015-06-0329ORDER granting 20 Defendant's Motion for Summary Judgment. Signed by Judge Orinda D. Evans on 06/03/15. (fap) (Entered: 06/05/2015)
2015-06-0330CLERK'S JUDGMENT entered in favor of Defendant for the costs of this action. (fap)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 06/05/2015)
2015-06-03Civil Case Terminated. (fap) (Entered: 06/05/2015)
2015-06-1031ORDER SEALING the documents provided to the Court for In Camera review received in chambers on May 11, 2015. Signed by Judge Orinda D. Evans on 06/10/15. (fap) (Entered: 06/11/2015)
2015-06-1032(FILED UNDER SEAL) Documents provided to the Court for In Camera Review received in chambers on May 11, 2015 are FILED UNDER SEAL per 31 Order. (fap) (Entered: 06/11/2015)
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by FOIA Project Staff
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