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Case TitleYA GLOBAL INVESTMENTS, LP et al v. INTERNAL REVENUE SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv00938
Date Filed2015-06-18
Date Closed2016-12-02
JudgeJudge Emmet G. Sullivan
PlaintiffYA GLOBAL INVESTMENTS, LP
PlaintiffYA OFFSHORE GLOBAL INVESTMENTS, LTD
Case DescriptionJudicial Watch submitted a FOIA request to the Department of Justice for communications to or from the Attorney General's Office concerning a January 2014 fire and explosion at an apartment complex in Minneapolis. When the agency failed to respond within the statutory time limits, Judicial Watch filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantINTERNAL REVENUE SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-06-181COMPLAINT against INTERNAL REVENUE SERVICE ( Filing fee $ 400 receipt number 0090-4142289) filed by YA GLOBAL INVESTMENTS, LP, YA OFFSHORE GLOBAL INVESTMENTS, LTD. (Attachments: # 1 Exhibit Exhibit I, # 2 Exhibit Exhibit II, # 3 Exhibit Exhibit III, # 4 Exhibit Exhibit IV, # 5 Summons Summons 1, # 6 Summons Summons 2, # 7 Summons Summons 3, # 8 Summons Summons 4, # 9 Summons Summons 5, # 10 Summons Summons 6)(Moghadam, Sara) (Entered: 06/18/2015)
2015-06-182CIVIL COVER SHEET by YA GLOBAL INVESTMENTS, LP, YA OFFSHORE GLOBAL INVESTMENTS, LTD filed by YA GLOBAL INVESTMENTS, LP, YA OFFSHORE GLOBAL INVESTMENTS, LTD.(Moghadam, Sara) (Entered: 06/18/2015)
2015-06-183Corporate Disclosure Statement by YA OFFSHORE GLOBAL INVESTMENTS, LTD. (Moghadam, Sara) (Entered: 06/18/2015)
2015-06-18Case Assigned to Judge Emmet G. Sullivan. (rd) (Entered: 06/18/2015)
2015-06-184SUMMONS (3) Issued Electronically as to INTERNAL REVENUE SERVICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Form, # 2 Notice of Consent)(rd) (Entered: 06/18/2015)
2015-06-265ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/26/2015. Answer due for ALL FEDERAL DEFENDANTS by 7/26/2015. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Moghadam, Sara) Modified on 6/29/2015 (jf). (Entered: 06/26/2015)
2015-06-29NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 5 Summons Returned Executed in FOIA as to U.S. Attorney, was entered in error and counsel was instructed to refile said pleading with additional documentation.(jf) (Entered: 06/29/2015)
2015-06-306RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/26/2015. Answer due for ALL FEDERAL DEFENDANTS by 7/26/2015. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Moghadam, Sara) (Entered: 06/30/2015)
2015-07-107NOTICE of Appearance by Ryan O'Connor McMonagle on behalf of INTERNAL REVENUE SERVICE (McMonagle, Ryan) (Entered: 07/10/2015)
2015-07-228Unopposed MOTION for Extension of Time to File Answer by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(McMonagle, Ryan) (Entered: 07/22/2015)
2015-07-23MINUTE ORDER granting 8 unopposed motion for extension of time. The defendant shall respond to the Complaint by no later than August 21, 2015. Signed by Judge Emmet G. Sullivan on July 22, 2015. (lcegs2) (Entered: 07/23/2015)
2015-07-23Set/Reset Deadlines: Answer due by 8/21/2015. (mac) (Entered: 07/23/2015)
2015-08-219ANSWER to Complaint by INTERNAL REVENUE SERVICE.(McMonagle, Ryan) (Entered: 08/21/2015)
2015-08-2510ORDER FOR MEET AND CONFER REPORT. Attorney Meet and Confer Conference due by 9/16/2015. Meet & Confer Statement due by 9/30/2015. Signed by Judge Emmet G. Sullivan on 8/25/15. (mac) (Entered: 08/25/2015)
2015-09-1811MOTION for Extension of Time to File Certified List of Contents of Administrative Record by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(McMonagle, Ryan) (Entered: 09/18/2015)
2015-09-3012MEET AND CONFER STATEMENT. (McMonagle, Ryan) (Entered: 09/30/2015)
2015-10-01MINUTE ORDER. The parties shall file a Joint Status Report by no later than January 15, 2016 addressing the status of the government's rolling productions. If, at such time, the parties determine this case would benefit from a briefing schedule, the parties shall submit a proposed briefing schedule. Signed by Judge Emmet G. Sullivan on October 1, 2015. (lcegs3) (Entered: 10/01/2015)
2015-10-01Set/Reset Deadlines: Status Report due by 1/15/2016. (mac) (Entered: 10/01/2015)
2015-10-09MINUTE ORDER granting as unopposed 11 defendant's motion for extension of time. Defendant shall file a certified list of the contents of the administrative record by no later than October 21, 2015. Signed by Judge Emmet G. Sullivan on October 9, 2015. (lcegs3) (Entered: 10/09/2015)
2015-10-1913Unopposed MOTION for Extension of Time to File Certified List of Contents of Administrative Record by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(McMonagle, Ryan) (Entered: 10/19/2015)
2015-10-19MINUTE ORDER granting 13 defendant's unopposed motion for an extension of time. The deadline for defendant to file a certified list of the contents of the administrative record pursuant to Local Rule 7(n)(1) is held in abeyance pending the completion of defendant's release of records in response to the Freedom of Information Act request that is the subject of this action. All other deadlines remain in effect. Signed by Judge Emmet G. Sullivan on October 19, 2015. (lcegs3) (Entered: 10/19/2015)
2016-01-1514Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (McMonagle, Ryan) (Entered: 01/15/2016)
2016-01-15MINUTE ORDER. The parties shall file a further joint status report by no later than March 25, 2016 addressing the status of the governments rolling productions. If, at such time, the parties determine this case would benefit from a briefing schedule, the parties shall submit a proposed briefing schedule. Signed by Judge Emmet G. Sullivan on January 15, 2016. (lcegs3) (Entered: 01/15/2016)
2016-01-19Set/Reset Deadlines: Status Report due by 3/25/2016. (mac) (Entered: 01/19/2016)
2016-03-2515Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (McMonagle, Ryan) (Entered: 03/25/2016)
2016-03-31MINUTE ORDER. The parties shall file a further joint status report by no later than May 25, 2016 addressing the status of the government's rolling productions. If, at such time, the parties determine this case would benefit from a briefing schedule, the parties shall submit a proposed briefing schedule. Signed by Judge Emmet G. Sullivan on March 31, 2016. (lcegs3) (Entered: 03/31/2016)
2016-03-31Set/Reset Deadlines: Status Report due by 5/25/2016. (mac) (Entered: 03/31/2016)
2016-05-2516Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (McMonagle, Ryan) (Entered: 05/25/2016)
2016-05-27MINUTE ORDER re 16 parties' joint status report. In view of the plaintiffs' unopposed request for a status hearing, the parties shall appear for a status hearing on June 23, 2016 at 11:00 a.m. in Courtroom 24A. Signed by Judge Emmet G. Sullivan on May 27, 2016. (lcegs3) (Entered: 05/27/2016)
2016-05-27Set/Reset Hearings: Status Conference set for 6/23/2016 at 11:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) (Entered: 05/27/2016)
2016-06-1517NOTICE of Appearance by Benjamin S. Boyd on behalf of All Plaintiffs (Boyd, Benjamin) (Entered: 06/15/2016)
2016-06-1518Consent MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael J. Scarduzio, :Firm- DLA Piper, LLP (US), :Address- 1251 Avenue of the Americas, 27th Floor, New York, NY 10020. Phone No. - (212) 335-4794. Fax No. - (212) 884-8448 Filing fee $ 100, receipt number 0090-4568858. Fee Status: Fee Paid. by YA GLOBAL INVESTMENTS, LP, YA OFFSHORE GLOBAL INVESTMENTS, LTD (Attachments: # 1 Declaration Declaration of Michael J. Scarduzio, # 2 Text of Proposed Order Proposed Order)(Moghadam, Sara) (Entered: 06/15/2016)
2016-06-16MINUTE ORDER. Due to the Court's calendar, it is necessary to reschedule the status hearing currently scheduled for June 23, 2016. The status hearing will now take place on June 29, 2016 at 3:00 p.m. in Courtroom 24A. The Court regrets any inconvenience to the parties. Signed by Judge Emmet G. Sullivan on June 16, 2016. (lcegs3) (Entered: 06/16/2016)
2016-06-16Set/Reset Hearings: Status Conference set for 6/29/2016 at 3:00 PM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) (Entered: 06/16/2016)
2016-06-16MINUTE ORDER granting 18 motion for leave to appear pro hac vice. Michael J. Scarduzio is hereby admitted pro hac vice in this action. Signed by Judge Emmet G. Sullivan on June 16, 2016. (lcegs3) (Entered: 06/16/2016)
2016-06-29Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 6/29/2016. Scheduling Order To Be Issued. (Court Reporter SCOTT WALLACE.) (mac) (Entered: 06/29/2016)
2016-06-29MINUTE ORDER. The parties are hereby directed to comply with the following schedule: defendant shall produce to plaintiffs all documents responsive to plaintiffs' FOIA request by no later than October 1, 2016; the time for full and final compliance shall not be extended. Defendant shall file a motion for summary judgment, including a Vaughn index, by no later than November 1, 2016. Plaintiffs' opposition to defendant's motion for summary judgment shall be filed by no later than December 1, 2016. Defendant's reply in support of its motion for summary judgment shall be filed by no later than January 15, 2017. Signed by Judge Emmet G. Sullivan on June 29, 2016. (lcegs3) (Entered: 06/29/2016)
2016-06-30Set/Reset Deadlines: Defendant Motion For Summary Judgment, including Vaughn Index due by 11/1/2016. Plaintiffs' Opposition To Defendant's Motion For Summary Judgment due by 12/1/2016. Defendant's Reply In Support Of Its Motion For Summary Judgment due by 1/15/2017. (mac) (Entered: 06/30/2016)
2016-09-2219MOTION to Permit A Sample Vaughn Index by INTERNAL REVENUE SERVICE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(McMonagle, Ryan) Modified on 9/23/2016 to correct docket event (jf). (Entered: 09/22/2016)
2016-10-1120Memorandum in opposition to re 19 MOTION to Permit A Sample Vaughn Index filed by YA GLOBAL INVESTMENTS, LP, YA OFFSHORE GLOBAL INVESTMENTS, LTD. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Moghadam, Sara) (Entered: 10/11/2016)
2016-10-2021REPLY to opposition to motion re 19 MOTION to Permit A Sample Vaughn Index filed by INTERNAL REVENUE SERVICE. (McMonagle, Ryan) (Entered: 10/20/2016)
2016-11-0122ORDER granting 19 motion to permit a sample Vaughn index. Signed by Judge Emmet G. Sullivan on 11/1/2016. (lcegs3) (Entered: 11/01/2016)
2016-11-0123MOTION for Summary Judgment by INTERNAL REVENUE SERVICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Amy Mielke, # 4 Declaration of Timothy Taggert, # 5 Statement of Facts of Kenneth Mills, # 6 Exhibit A, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit Vaughn index)(McMonagle, Ryan) (Entered: 11/01/2016)
2016-11-0224MOTION to Dismiss Plaintiffs' Claim under the Administrative Procedure Act by INTERNAL REVENUE SERVICE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(McMonagle, Ryan) (Entered: 11/02/2016)
2016-11-0925TRANSCRIPT OF PROCEEDINGS before Judge Emmet G. Sullivan held on 6-29-16; Page Numbers: (1-18. Date of Issuance:7-1-16. Court Reporter/Transcriber Scott Wallace, Telephone number 202-354-3196, Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 11/30/2016. Redacted Transcript Deadline set for 12/10/2016. Release of Transcript Restriction set for 2/7/2017.(Wallace, Scott) (Entered: 11/09/2016)
2016-11-0926Unopposed MOTION for Leave to File In Camera Declarations in Support of Motion for Summary Judgment by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(McMonagle, Ryan) (Entered: 11/09/2016)
2016-11-10MINUTE ORDER granting 26 defendant's unopposed motion for leave to submit documents for the Court's in camera review. The defendant is granted leave to submit to the Court its two declarations referenced in its motion. Signed by Judge Emmet G. Sullivan on 11/10/2016. (lcegs3) (Entered: 11/10/2016)
2016-11-16MINUTE ORDER. In light of the Court's order granting defendant's unopposed motion for leave to submit documents for the Court's in camera review, defendant telephoned the Court yesterday to inquire as to the Court's preferred form and manner for submitting the documents to the Court. Defendant is hereby directed to hand-deliver to chambers two copies of the documents, which shall be clearly labeled and placed in three-ring binders. Signed by Judge Emmet G. Sullivan on 11/16/2016. (lcegs3) (Entered: 11/16/2016)
2016-11-1827NOTICE of Filing of Supplemental Declaration of Timothy Taggart by INTERNAL REVENUE SERVICE re 23 MOTION for Summary Judgment (Attachments: # 1 Declaration (Supplemental Declaration of Timothy Taggart in Support of Motion for Summary Judgment))(McMonagle, Ryan) (Entered: 11/18/2016)
2016-11-1828NOTICE of Compliance With the Court's November 16, 2016 Minute Order by INTERNAL REVENUE SERVICE re Order,, (McMonagle, Ryan) (Entered: 11/18/2016)
2016-11-2129NOTICE OF NON-OPPOSITION by YA GLOBAL INVESTMENTS, LP, YA OFFSHORE GLOBAL INVESTMENTS, LTD re 24 MOTION to Dismiss Plaintiffs' Claim under the Administrative Procedure Act (Moghadam, Sara) (Entered: 11/21/2016)
2016-11-22MINUTE ORDER granting 24 defendant's motion to dismiss plaintiffs' claim under the Administrative Procedure Act. See Elec. Privacy Info. Ctr. v. Nat'l Sec. Agency, 795 F. Supp. 2d 85, 95 (D.D.C. 2011) ("APA claims arising out of an agency's response to a FOIA request must be dismissed when they seek relief that can be obtained through a FOIA claim itself."). Signed by Judge Emmet G. Sullivan on 11/22/2016. (lcegs3) (Entered: 11/22/2016)
2016-11-3030STIPULATION of Dismissal by INTERNAL REVENUE SERVICE. (McMonagle, Ryan) (Entered: 11/30/2016)
2016-12-01MINUTE ORDER. In light of the parties' stipulation of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), this matter is DISMISSED. It is FURTHER ORDERED that the pending motion for summary judgment is DENIED as moot. Signed by Judge Emmet G. Sullivan on 12/1/2016. (lcegs3) (Entered: 12/01/2016)
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