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Case TitleAnnabelle Limited Partnership et al v. Internal Revenue Service
DistrictSouthern District of New York
CityFoley Square
Case Number1:2015cv04723
Date Filed2015-06-17
Date Closed2015-11-20
JudgeJudge Vernon S. Broderick
PlaintiffAnnabelle Limited Partnership
PlaintiffBroadway 21st Associates
Case DescriptionAnnabelle Limited Partnership and Broadway 21st Associates, two dissolved limited partnerships, submitted FOIA requests through their representatives to the IRS for their 2004-2005 tax records. After the agency failed to respond, the representatives filed suit on their behalf.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

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

2015-06-171COMPLAINT against Internal Revenue Service. (Filing Fee $ 400.00, Receipt Number 0208-11047519)Document filed by Annabelle Limited Partnership, Broadway 21st Associates.(Klausner, Jeremy) (Entered: 06/17/2015)
2015-06-182RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Annabelle Limited Partnership, Broadway 21st Associates.(Klausner, Jeremy) (Entered: 06/18/2015)
2015-06-183FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - CIVIL COVER SHEET filed. (Klausner, Jeremy) Modified on 6/18/2015 (ky). (Entered: 06/18/2015)
2015-06-184REQUEST FOR ISSUANCE OF SUMMONS as to Internal Revenue Service, re: 1 Complaint. Document filed by Annabelle Limited Partnership, Broadway 21st Associates. (Klausner, Jeremy) (Entered: 06/18/2015)
2015-06-18***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Jeremy M. Klausner to RE-FILE Document No. 3 Civil Cover Sheet. The filing is deficient for the following reason(s): multiple jurisdiction selected. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (ky) (Entered: 06/18/2015)
2015-06-185CIVIL COVER SHEET filed. (Klausner, Jeremy) (Entered: 06/18/2015)
2015-06-18***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jeremy M. Klausner. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (ky) (Entered: 06/18/2015)
2015-06-18CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (ky) (Entered: 06/18/2015)
2015-06-18Magistrate Judge Kevin Nathaniel Fox is so designated. (ky) (Entered: 06/18/2015)
2015-06-18Case Designated ECF. (ky) (Entered: 06/18/2015)
2015-06-186ELECTRONIC AMENDED SUMMONS ISSUED as to Internal Revenue Service. (ky) (Entered: 06/18/2015)
2015-07-097AFFIDAVIT OF SERVICE of Summons and Complaint. Internal Revenue Service served on 6/29/2015, answer due 7/20/2015. Service was made by Mail. Document filed by Annabelle Limited Partnership; Broadway 21st Associates. (Klausner, Jeremy) (Entered: 07/09/2015)
2015-07-098AFFIDAVIT OF SERVICE of Summons and Complaint. Service was made by Mail. Document filed by Annabelle Limited Partnership, Broadway 21st Associates. (Klausner, Jeremy) (Entered: 07/09/2015)
2015-07-099AFFIDAVIT OF SERVICE of Summons and Complaint. Service was made by Mail. Document filed by Annabelle Limited Partnership, Broadway 21st Associates. (Klausner, Jeremy) (Entered: 07/09/2015)
2015-07-0910NOTICE OF APPEARANCE by Anthony Jan-Huan Sun on behalf of Internal Revenue Service. (Sun, Anthony) (Entered: 07/09/2015)
2015-07-2711LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 7/27/2015 re: request for pre-motion conference. Document filed by Internal Revenue Service.(Sun, Anthony) (Entered: 07/27/2015)
2015-07-2812MEMO ENDORSEMENT on re: 11 Letter filed by Internal Revenue Service. ENDORSEMENT: Application granted. The parties are directed to appear for a pre-motion conference on October 7, 2015 at 11:15 a.m. in Courtroom 518 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. Plaintiffs are directed to Rule 4.A. of my Individual Rules, which requires the opposing party to submit a letter response to the moving party's letter within three business days of service of the notification letter., ( Pre-Motion Conference set for 10/7/2015 at 11:15 AM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 7/28/2015) (lmb) (Entered: 07/28/2015)
2015-07-3013LETTER addressed to Judge Vernon S. Broderick from Jeremy M. Klausner dated 07/30/2015 re: Response Letter to Pre-Motion Conference Letter. Document filed by Annabelle Limited Partnership, Broadway 21st Associates.(Klausner, Jeremy) (Entered: 07/30/2015)
2015-09-0114NOTICE OF APPEARANCE by Eugene Kirman on behalf of Annabelle Limited Partnership, Broadway 21st Associates. (Kirman, Eugene) (Entered: 09/01/2015)
2015-09-24Set/Reset Hearings: The Pre-Motion Conference previously scheduled for 10/7/2015 is hereby rescheduled for 10/8/2015 at 9:15 AM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick. (msa) (Entered: 09/24/2015)
2015-10-08Minute Entry for proceedings held before Judge Vernon S. Broderick: Pre-Motion Conference held on 10/8/2015. Briefing Schedule due by 10/15/2015 (msa) (Entered: 10/08/2015)
2015-10-1515JOINT LETTER MOTION for Extension of Time to submit briefing schedule addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 10/15/2015. Document filed by Internal Revenue Service.(Sun, Anthony) (Entered: 10/15/2015)
2015-10-1916ORDER granting 15 Letter Motion for Extension of Time. Application granted. The parties' deadline to submit a joint Case Management Plan is hereby changed to October 29, 2015. (Signed by Judge Vernon S. Broderick on 10/19/2015) (lmb) (Entered: 10/19/2015)
2015-10-2917LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 10/29/2015 re: briefing schedule. Document filed by Internal Revenue Service.(Sun, Anthony) (Entered: 10/29/2015)
2015-11-0218MEMO ENDORSEMENT on re: 17 Letter filed by Internal Revenue Service. The IRS respectfully submits this letter on behalf of both parties to request a briefing schedule regarding the IRS's motion to dismiss. Motions due by 11/19/2015., Responses due by 12/14/2015, Replies due by 12/24/2015. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/02/2015) (ama) (Entered: 11/02/2015)
2015-11-1919JOINT LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 11/19/2015 re: briefing schedule and resolution. Document filed by Internal Revenue Service.(Sun, Anthony) (Entered: 11/19/2015)
2015-11-2020ORDER: It has been reported to the Court that this case has been settled. Accordingly, it is hereby: ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's docket if the application to restore the action is made within thirty (30) days. (Signed by Judge Vernon S. Broderick on 11/20/2015) (lmb) (Entered: 11/20/2015)
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by FOIA Project Staff
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