Skip to content

Case Detail

[Subscribe to updates]
Case TitleBEAR et al v. INTERNAL REVENUE SERVICE et al
DistrictSouthern District of Indiana
CityIndianapolis
Case Number1:2015cv01504
Date Filed2015-09-24
Date Closed2016-10-25
JudgeJudge Sarah Evans Barker
PlaintiffRICHARD BEAR
PlaintiffSTEPHANIE BEAR
Case DescriptionRichard and Stephanie Bear submitted a FOIA request to the IRS for the administrative file on their company, Ultra Property Services. The Bears were suing Michael Shanahan for legal malpractice for his previous representation of the Bears before the IRS. The agency had refused to allow an agent to be deposed as part of their suit. In response to the Bears' FOIA request, the agency disclosed 353 pages and withheld 13 pages under Exemption 3 (other statutes) and Exemption 6 (invasion of privacy). In response to the Bears' request for the account transcript, the agency indicated that it could be obtained through another routine process. The agency declined the Bears' request to authenticate the records disclosed. The Bears then filed suit on all their claims, including the FOIA response.
Complaint issues: Litigation - Attorney's fees

DefendantINTERNAL REVENUE SERVICE
TERMINATED: 05/13/2016
DefendantINTERNAL REVENUE SERVICE
DefendantMICHAEL P. SHANAHAN
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-09-241COMPLAINT against INTERNAL REVENUE SERVICE, MICHAEL P. SHANAHAN, filed by RICHARD BEAR, STEPHANIE BEAR. (Filing fee $400, receipt number IP047649) (Attachments: # 1 Exhibit A - Hendricks County Complaint, # 2 Exhibit B - Letters to IRS, # 3 Exhibit C & D - August 2014 Letter from IRS, # 4 Exhibit E pt 1 - June 2015 Letter from IRS, # 5 Exhibit E pt 2 -, # 6 Exhibit F - H - IRS Letters, # 7 Civil Cover Sheet)(MEH) (Entered: 09/25/2015)
2015-09-242NOTICE of Appearance by Todd J. Kaiser on behalf of Plaintiffs RICHARD BEAR, STEPHANIE BEAR. (MEH) (Entered: 09/25/2015)
2015-09-253Summons Issued as to INTERNAL REVENUE SERVICE, MICHAEL P. SHANAHAN. (MEH) (Entered: 09/25/2015)
2015-09-254MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (MEH) (Entered: 09/25/2015)
2015-10-075RETURN of Service, filed by All Plaintiffs. MICHAEL P. SHANAHAN served on 9/28/2015. (Kaiser, Todd) (Entered: 10/07/2015)
2015-10-146NOTICE of Appearance by Ronald A. Mingus on behalf of Defendant MICHAEL P. SHANAHAN. (Mingus, Ronald) (Entered: 10/14/2015)
2015-10-147ANSWER to 1 Complaint and Affirmative Defenses , filed by MICHAEL P. SHANAHAN.(Mingus, Ronald) (Entered: 10/14/2015)
2015-10-278Summons Issued as to INTERNAL REVENUE SERVICE. (CKM) (Entered: 10/28/2015)
2015-11-309NOTICE of Appearance by Stephanie Sasarak on behalf of Defendant INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 11/30/2015)
2015-11-3010Unopposed MOTION for Extension of Time to 12/30/2015 , filed by Defendant INTERNAL REVENUE SERVICE. (Attachments: # 1 Text of Proposed Order)(Sasarak, Stephanie) (Entered: 11/30/2015)
2015-12-0211Summons Issued as to INTERNAL REVENUE SERVICE. (CKM) (Entered: 12/02/2015)
2015-12-0712ORDER granting Defendant IRS' 10 Motion for Extension of Time to File response to complaint to 12/30/2015. Signed by Magistrate Judge Tim A. Baker on 12/7/2015. (SWM) (Entered: 12/07/2015)
2015-12-2913SCHEDULING ORDER: Initial Pretrial Conference set for 1/27/2016 03:00 PM in room #234, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. If a proposed Case Management Plan ("CMP") has not yet been filed, the parties are ordered to confer prior to the initial pretrial conference and prepare a proposed CMP (see Order for additional information). Signed by Magistrate Judge Tim A. Baker on 12/29/2015.(SWM) (Entered: 12/29/2015)
2015-12-3014ANSWER to 1 Complaint , filed by INTERNAL REVENUE SERVICE.(Sasarak, Stephanie) (Entered: 12/30/2015)
2016-01-2015MOTION to Sever , filed by Defendant INTERNAL REVENUE SERVICE. (Attachments: # 1 Text of Proposed Order)(Sasarak, Stephanie) (Entered: 01/20/2016)
2016-01-2016BRIEF/MEMORANDUM in Support re 15 MOTION to Sever , filed by Defendant INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 01/20/2016)
2016-01-2117CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs RICHARD BEAR, STEPHANIE BEAR , and Defendants, Internal Revenue Service and Michael P. Shanahan . (Kaiser, Todd) (Entered: 01/21/2016)
2016-01-2818ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Parties appeared by counsel on 1/27/2016, for an Initial Pretrial Conference. Dispositive Motions due by 9/23/2016. Discovery due by 7/25/2016. Signed by Magistrate Judge Tim A. Baker on 1/28/2016.(SWM) (Entered: 01/28/2016)
2016-02-0119Reassignment of Case to Magistrate Judge Matthew P. Brookman. Magistrate Judge Tim A. Baker is no longer assigned to the case. Please include the new case number 1:15-cv-1504-SEB-MPB, which includes the initials of the newly assigned judge, on all future filings in this matter. (CBU) (Entered: 02/01/2016)
2016-02-0320Unopposed MOTION for Extension of Time to File Response to 2-22-16 re 15 MOTION to Sever , filed by Plaintiffs RICHARD BEAR, STEPHANIE BEAR. (Attachments: # 1 Text of Proposed Order)(Kaiser, Todd) (Entered: 02/03/2016)
2016-02-0521ORDER granting Plaintiffs' 20 Motion for Extension of Time to File Response to 2/22/2016 re 15 MOTION to Sever . IT IS FURTHER ORDERED that this matter is set for a Telephonic Status Conference, on March 11, 2016 at 9:00 a.m. (CST) Evansville Time. The information needed to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 2/5/2016.(SWM) (Entered: 02/05/2016)
2016-02-0523CORRECTED ORDER re 21 Order on Motion for Extension of Time to File Response. Telephonic Status Conference set for 3/11/2016 at 10:00 AM (EST) Indianapolis time, before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman on 2/5/2016.(TMB) (Entered: 02/08/2016)
2016-02-2224RESPONSE in Opposition re 15 MOTION to Sever , filed by Plaintiffs RICHARD BEAR, STEPHANIE BEAR. (Kaiser, Todd) (Entered: 02/22/2016)
2016-02-2525SCHEDULING ORDER: Bench Trial set for 4/24/2017 10:00 AM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. Final Pretrial Conference set for 4/11/2017 02:00 PM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker.(CKM) (Entered: 02/25/2016)
2016-02-2926REPLY in Support of Motion re 15 MOTION to Sever , filed by Defendant INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 02/29/2016)
2016-03-1127Minute Entry for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 3/11/2016. Settlement Conference set for 4/15/2016 at 09:00 AM in room #361, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Matthew P. Brookman. Telephonic Status Conference set for 4/7/2016 at 11:30 AM before Magistrate Judge Matthew P. Brookman. (NRN) (Entered: 03/11/2016)
2016-03-2428Witness List - Preliminary , filed by Plaintiffs RICHARD BEAR, STEPHANIE BEAR, Exhibit List - Preliminary , filed by Plaintiffs RICHARD BEAR, STEPHANIE BEAR. (Kaiser, Todd) (Entered: 03/24/2016)
2016-03-2429Unopposed MOTION for Extension of Time to May 23, 2016 of Deadline to Amend the Pleadings and/or Join Additional Parties , filed by Plaintiffs RICHARD BEAR, STEPHANIE BEAR. (Attachments: # 1 Text of Proposed Order)(Kaiser, Todd) (Entered: 03/24/2016)
2016-03-2830ORDER granting 29 Motion for Extension of Time to 5/23/2016 to amend the pleadings and/or join additional parties. Signed by Magistrate Judge Matthew P. Brookman on 3/28/2016. (CBU) (Entered: 03/28/2016)
2016-04-0832Minute Entry for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 4/7/2016. No further orders are entered at this time. The Court notes that a Settlement Conference is currently set for April 15, 2016 (Dkt. 27). (NRN) (Entered: 04/08/2016)
2016-04-1533MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Settlement Conference held on 4/15/2016. Telephonic Status Conference set for 4/21/2016 at 11:30 AM (EDT) before Magistrate Judge Matthew P. Brookman. The information needed to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 04/18/2016)
2016-04-2034ORDER RESETTING Telephonic Status Conference. On the Court's motion, the TELEPHONIC STATUS CONFERENCE set for April 21, 2016, is hereby VACATED and RESCHEDULED to THURSDAY, MAY 5, 2016, at 11:00 a.m., Indianapolis time (EDT), before Magistrate Judge Matthew P. Brookman. The information needed to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 4/20/2016.(TMB) (Entered: 04/20/2016)
2016-04-2535Exhibit List (Preliminary) , filed by Defendant MICHAEL P. SHANAHAN, Witness List (Preliminary) , filed by Defendant MICHAEL P. SHANAHAN. (Mingus, Ronald) (Entered: 04/25/2016)
2016-05-0437NOTICE of Appearance by Michelle R. Maslowski on behalf of Plaintiffs RICHARD BEAR, STEPHANIE BEAR. (Maslowski, Michelle) (Entered: 05/04/2016)
2016-05-0938MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 5/5/2016. Plaintiffs Richard and Stephanie Bear, and Defendant Michael Shanahan, in person and represented by counsel, appeared for a settlement conference on April 15, 2016. Although some progress was made towards negotiating a settlement, the parties did not reach an agreement. Plaintiffs indicate to the Court that they intend to move for voluntary dismissal of Defendant the Internal Revenue Service, and the Court Orders that the same be filed within fourteen (14) days of this Order. Plaintiffs' Motion for Voluntary Dismissal will render moot Defendant Internal Revenue Service's pending Motion to Sever (Dkt. 15). Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 05/10/2016)
2016-05-1239STIPULATION of Dismissal with Prejudice as to Defendant Internal Revenue Service Only - Joint , filed by Plaintiffs RICHARD BEAR, STEPHANIE BEAR. (Attachments: # 1 Text of Proposed Order)(Kaiser, Todd) (Entered: 05/12/2016)
2016-05-1340ORDER - Granting Joint Stipulation of Dismissal ; The Court, being duly advised in the premises, hereby dismisses the claims in this matter as to Defendant Internal Revenue Service ONLY, with prejudice, each party to bear its own costs and attorneys' fees. Signed by Judge Sarah Evans Barker on 5/13/2016.(CKM) (Entered: 05/16/2016)
2016-05-2441MARGINAL ENTRY denying as moot the Internal Revenue Service's 15 Motion to Sever. Signed by Magistrate Judge Matthew P. Brookman on 5/24/2016. (TMB) (Entered: 05/24/2016)
2016-09-2042NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Ronald A. Mingus hereby notifies the Clerk of the court of changed contact information. (Notice of Change of Address) (Mingus, Ronald) (Entered: 09/20/2016)
2016-10-2443STIPULATION of Dismissal with Prejudice , filed by Plaintiffs RICHARD BEAR, STEPHANIE BEAR. (Kaiser, Todd) (Entered: 10/24/2016)
2016-10-2544ORDER - Acknowledges Stipulation of Dismissal; cause is DISMISSED with Prejudice. Each party shall bear its own costs and attorney fees. Signed by Judge Sarah Evans Barker on 10/25/2016. (marginal notation) (CKM) (Entered: 10/26/2016)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar