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Case TitleJonathan Carrano v. Internal Revenue Service et al
DistrictCentral District of California
CityWestern Division - Los Angeles
Case Number2:2015cv02720
Date Filed2015-04-13
Date Closed2016-02-22
JudgeJudge Manuel L. Real
PlaintiffJonathan Carrano
Case DescriptionJonathan Carrano submitted a FOIA request to the IRS for the administrative file for the Estate of Charles Papaz, for which he is the administrator. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Carrano filed suit. His suit includes a second claim for an estate tax refund.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantInternal Revenue Service
DefendantUnited States of America
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [16]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-04-131COMPLAINT Receipt No: 0973-15533534 - Fee: $400, filed by Plaintiff Jonathan Carrano. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Attorney Mark Bernsley added to party Jonathan Carrano(pty:pla))(Bernsley, Mark) (Entered: 04/13/2015)
2015-04-132CIVIL COVER SHEET filed by Plaintiff Jonathan Carrano. (Bernsley, Mark) (Entered: 04/13/2015)
2015-04-133NOTICE of Interested Parties filed by Plaintiff Jonathan Carrano, (Bernsley, Mark) (Entered: 04/13/2015)
2015-04-134Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 , Certificate/Notice of Interested Parties 3 filed by Plaintiff Jonathan Carrano. (Bernsley, Mark) (Entered: 04/13/2015)
2015-04-135NOTICE OF ASSIGNMENT to District Judge Manuel L. Real and Magistrate Judge John E. McDermott. (et) (Entered: 04/13/2015)
2015-04-13660 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendants Internal Revenue Service, United States of America. (et) (Entered: 04/13/2015)
2015-04-147ORDER RE: NOTICE TO COUNSEL upon filing of the complaint by Judge Manuel L. Real. READ CAREFULLY - FAILURE TO COMPLY MAY LEAD TO SANCTIONS. SEE ORDER FOR DETAILS. (cch) (Entered: 04/14/2015)
2015-04-228PROOF OF SERVICE Executed by Plaintiff Jonathan Carrano, upon Defendant All Defendants. Service of the Summons and Complaint were Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (Attachments: # 1 Exhibit A)(Bernsley, Mark) (Entered: 04/22/2015)
2015-06-049STIPULATION Extending Time to Answer the complaint as to United States of America answer now due 7/17/2015; Internal Revenue Service answer now due 7/17/2015, filed by Defendants United States of America; Internal Revenue Service.(Attorney James C Hughes added to party Internal Revenue Service(pty:dft), Attorney James C Hughes added to party United States of America(pty:dft))(Hughes, James) (Entered: 06/04/2015)
2015-07-1710ANSWER to Complaint (Attorney Civil Case Opening), 1 filed by Defendant Internal Revenue Service, United States of America.(Hughes, James) (Entered: 07/17/2015)
2015-08-1711STIPULATION for Order re Stipulation to Partial Resolution of Plaintiff's First Cause of Action filed by Defendants Internal Revenue Service, United States of America. (Attachments: # 1 Proposed Order re Stipulation to Partial Resolution of Plaintiff's First Cause of Action)(Hughes, James) (Entered: 08/17/2015)
2015-08-1712JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3-4 days, filed by Defendants Internal Revenue Service, United States of America.. (Hughes, James) (Entered: 08/17/2015)
2015-08-1813ORDER RE: STIPULATION TO PARTIAL RESOLUTION OF PLAINTIFF'S FIRST CAUSE OF ACTION 11 by Judge Manuel L. Real. IT IS ORDERED, ADJUDGED, AND DECREED THAT: 1. Plaintiff's first cause of action seeks injunctive relief against the Internal Revenue Service. The claim is brought under the Freedom of Information Act, 5 U.S.C. § 552, to require the production of Internal Revenue Service records regarding taxes assessed and collected from the Estate of Charles H. Papaz (the "Estate"). By letter dated November 12, 2014, plaintiff, by and through his attorney, requested a copy of "the complete administrative file relating to [the Estate]." Plaintiff was and is entitled to such records, subject to such exemptions as defendant IRS is permitted by law to assert. 2. The Internal Revenue Service shall make its substantive production of documents to plaintiff, as required by 5 U.S.C. § 552, on or before September 18, 2015. 3. The Court shall retain jurisdiction over plaintiff's first cause of action in order to resolve any disputes between the parties as to the sufficiency of the Internal Revenue Service's responsive production. This shall include ruling on the applicability of any exemptions to the disclosure of information asserted by the Internal Revenue Service pursuant to 5 U.S.C. 552(b). (lom) (Entered: 08/18/2015)
2015-10-2214ORDER (IN CHAMBERS) SETTING PRE-TRIAL & TRIAL DATES by Judge Manuel L. Real.COUNSEL ARE NOTIFIED that this action is hereby placed on calendar for FINAL PRE-TRIAL CONFERENCE on APRIL 11, 2016 AT 11:00 A.M. Memoranda of Contentions of Fact and Law, Exhibit Lists and Witness Lists shall be filed and served on or before MARCH 21, 2016, which date will also serve as the discovery cut-off date in this action. There is no Motion Cut-Off Date set. PRE-TRIAL CONFERENCE ORDER shall be lodged with this Court on or before APRIL 4, 2016. COURT TRIAL DATE is set as MAY 10, 2016 AT 9:00 A.M. IT IS SO ORDERED. (cch) (Entered: 10/22/2015)
2016-02-1715STIPULATION to Vacate Pretrial Deadlines and Trial Dates Pretrial-Trial Scheduling Order - form only,, 14 filed by Defendants Internal Revenue Service, United States of America. (Attachments: # 1 Proposed Order Placing Case on Inactive Status and Vacating Pretrial Deadlines and Trial Dates)(Hughes, James) (Entered: 02/17/2016)
2016-02-2216ORDER OF DISMISSAL by Judge Manuel L. Real. THE COURT having been advised by the counsel for the parties that the above-entitled action has been settled 15 ; IT IS THEREFORE ORDERED that this action is hereby dismissed without costs and without prejudice to the right, upon good cause shown within 120 days, to reopen the action if the settlement is not consummated. IT IS FURTHER ORDERED that all dates set in this action are hereby vacated. The Court reserves its jurisdiction for the purpose of enforcing the settlement. (Made JS-6. Case Terminated.) (iv) (Entered: 02/23/2016)
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by FOIA Project Staff
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