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Case TitleKathy Jones Skin Care, Inc. v. Internal Revenue Service
DistrictEastern District of Kentucky
CityCovington
Case Number2:2015cv00193
Date Filed2015-11-13
Date Closed2016-09-29
JudgeJudge William O. Bertelsman
PlaintiffKathy Jones Skin Care, Inc.
Case DescriptionKathy Jones Skin Care submitted a FOIA request to the IRS for its 2012 audit of the company. The agency responded by providing one page and indicating that was the only responsive document. Kathy Jones Skin Care filed an appeal and included a copy of the letter provided by the IRS agent who conducted the audit. The IRS responded with an appeal relating to David Escobar, not Kathy Jones Skin Care. The company then filed suit.
Complaint issues: Adequacy - Search, 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
User-contributed Documents
 Joint Stipulation of Dismissal
Motion for Attorney Fees
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-11-131COMPLAINT ( Filing fee $400; receipt number 0643-3351286), filed by Kathy Jones Skin Care, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1 Letter to Disclosure Officer, # 3 Exhibit 2 Response to Jennifer Gatherwright, # 4 Exhibit 3 Letter to Appeals Officer, # 5 4 Letter to Ms. Gatherwright 9/30/15, # 6 All Summons)(KRB) (Entered: 11/13/2015)
2015-11-13Conflict Check run. (KRB) (Entered: 11/13/2015)
2015-11-133STANDING REFERRAL ORDER; 1)Case referred to Mag. Judge to supervise discovery and pretrial proceedings. Case to revert back to undersigned to hold final pretrial conference and trial; 2)Mag. Judge to conduct all pretrial/status conferences and rule on non-dispositive motions. Dispositive motions and motions in limine to be referred by the Clerk of this Court to the undersigned. Final pretrial conference and trial also to be before the undersigned. Signed by Judge William O. Bertelsman on 06/18/2010.(KRB)cc: COR (Entered: 11/13/2015)
2015-11-134NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Jennifer Gatherwright and Jessica Craven. 1 Complaint, has been filed by Kathy Jones Skin Care, INC without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (KRB) (Entered: 11/13/2015)
2015-11-135Summons Issued as to Internal Revenue Service; Summons issued and returned to counsel electronically (KRB) (Entered: 11/13/2015)
2015-11-166FRCP 7.1 DISCLOSURE STATEMENT by Kathy Jones Skin Care, Inc.. (Gatherwright, Jennifer) (Entered: 11/16/2015)
2016-01-217NOTICE OF FILING by Kathy Jones Skin Care, Inc. re 1 Complaint, Updated Summons (Craven, Jessica) (Entered: 01/21/2016)
2016-01-218NOTICE OF FILING by Kathy Jones Skin Care, Inc. re 1 Complaint, Updated Summons (Craven, Jessica) (Entered: 01/21/2016)
2016-01-219NOTICE OF FILING by Kathy Jones Skin Care, Inc. re 1 Complaint, Updated Summons (Craven, Jessica) (Entered: 01/21/2016)
2016-01-2210NOTICE OF FILING by Kathy Jones Skin Care, Inc. re 1 Complaint, Corrected Summons Replacing Documents 7, 8, and 9 (Craven, Jessica) (Entered: 01/22/2016)
2016-01-2211Summons Issued as to Internal Revenue Service; Summons issued and returned to counsel electronically (TJZ) (Entered: 01/22/2016)
2016-02-1912SUMMONS Returned Executed by Kathy Jones Skin Care, Inc. via certified mail to Internal Revenue Service served on 1/29/2016. Service to U.S. Attorney executed via certified mail on 1-25-16; Service to U.S. Attorney General executed via certified mail on 2-1-16. (Craven, Jessica) (Entered: 02/19/2016)
2016-02-2313ANSWER to 1 Complaint, by Internal Revenue Service.(Bondada, Kavitha) (Entered: 02/23/2016)
2016-02-2514ORDER: DOCKET CALL set for 3/9/2016 at 01:00 PM in COVINGTON before Judge William O. Bertelsman. Signed by Judge William O. Bertelsman on 2/25/2016.(ECO)cc: COR (Entered: 02/25/2016)
2016-03-0115ORDER: The call of this matter at Docket Call scheduled for 3/9/2016 at 1:00 PM is cancelled and reset for a TELEPHONIC DOCKET CALL on 3/11/2016 at 01:30 PM . Counsel for both parties shall connect to the conference five minutes before the call is scheduled to begin (see Order for details). Signed by Judge William O. Bertelsman on 3/1/2016.(ECO)cc: COR (Entered: 03/01/2016)
2016-03-0416MOTION to Compel by Kathy Jones Skin Care, Inc. to Prepare a Vaughn Index Motions referred to Candace J. Smith. (Craven, Jessica) (Additional attachment(s) added on 3/7/2016: # 1 proposed order) (TJZ). (Entered: 03/04/2016)
2016-03-07NOTICE OF DOCKET MODIFICATION TO Jessica Craven re 16 MOTION to Compel by Kathy Jones Skin Care, Inc. to Prepare a Vaughn Index ; Error: the proposed order 16 was incorrectly filed with the motion. Entry by attorney; Clerk attached the proposed order as an attachment to the motion; In the future, file the proposed order as an attachment to the motion instead of making it part of the motion. No further action required by counsel. cc: COR(TJZ) (Entered: 03/07/2016)
2016-03-1417MINUTE ENTRY ORDER FOR TELEPHONIC DOCKET CALL held on 3/11/2016 before Judge William O. Bertelsman: Parties present as noted. IT IS ORDERED : That the parties file a joint Status Report on or before 4/11/2016 , advising the Court whether the document production has mooted the case and, if not, how the parties intend to proceed. (Court Reporter JOAN AVERDICK.) Signed by Judge William O. Bertelsman on 3/14/2016. (ECO)cc: COR (Entered: 03/15/2016)
2016-03-2318Proposed Agreed Order/Stipulation Extending Time by Internal Revenue Service. (Bondada, Kavitha) (Entered: 03/23/2016)
2016-03-24***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: re 18 Proposed Agreed Order/Stipulation Extending Time by Internal Revenue Service (TJZ) (Entered: 03/24/2016)
2016-03-2419AGREED ORDER: 1) Plf filed a motion to compel 16 on 3/4/16; THe IRS's rsponse to the motion is due on 3/25/2016; 3) Pursuant to Local Rule 7.1(b), the parties have agreed that the Service's response is due 4/18/2016. SO ORDERED this 24th day of March, 2016. Signed by Magistrate Judge Candace J. Smith on 3/24/2016.(ECO)cc: COR (Entered: 03/24/2016)
2016-04-1120JOINT STATUS REPORT by Internal Revenue Service, Kathy Jones Skin Care, Inc. (Bondada, Kavitha) Modified to add Plf as a filer on 4/11/2016 (ECO). (Entered: 04/11/2016)
2016-04-12***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: 20 Joint Status Report (ECO) (Entered: 04/12/2016)
2016-04-1221ORDER: 1) The parties shall file a further Jt Status report by 5/11/2016, informing the Court as to whether the matter is now moot and, if not, how the parties propose to proceed; 2) Parties' Jt. Status Report 20 is construed as a motion for Extension of Time for Def to Respond to Plf's Motion to Compel Preparation of a Vaughn Index 16 and is granted . Def has to and including 4/26/2016, to file a Response to Plf's Motion to Compel. Signed by Magistrate Judge Candace J. Smith on 4/12/2016.(ECO)cc: COR (Entered: 04/12/2016)
2016-04-2622Proposed Agreed Order/Stipulation Extending Time by Internal Revenue Service. (Bondada, Kavitha) (Entered: 04/26/2016)
2016-04-26***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: re 22 Proposed Agreed Order/Stipulation Extending Time by Internal Revenue Service (ECO) (Entered: 04/26/2016)
2016-04-2923AGREED ORDER: 1) The Plf filed a motion to compel on 3/4/2016 16 ; 2) The IRS's response to the motion is due on or before 4/26/2016; 3) Pursuant to Local Rule 7.1(b), the parties have agreed that the Services' response will be due on or before 5/11/2016. SO ORDERED this 28th day of April, 2016.. Signed by Magistrate Judge Candace J. Smith on 4/28/2016.(ECO)cc: COR (Entered: 04/29/2016)
2016-05-1124JOINT STATUS REPORT by Internal Revenue Service, Kathy Jones Skin Care, Inc.. (Bondada, Kavitha) Modified to add Plf as a filer on 5/12/2016 (ECO). (Entered: 05/11/2016)
2016-05-12***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: 24 Jt Status Report (ECO) (Entered: 05/12/2016)
2016-05-1325ORDER; 1. The parties shall file a further Joint Status Report on or before June 15, 2016, informing the Court as to whether the matter is now moot and, if it is not, how the parties propose to proceed; 2. The parties 24 Joint Status Report is construed as a Joint Motion for Extension of Time for Defendant to Respond to Plaintiffs 16 Motion to Compel Preparation of a Vaughn Index and is hereby granted. Defendant has to and including June 15, 2016, to file its Response to Plaintiffs Motion to Compel. Signed by Magistrate Judge Candace J. Smith on 5/13/2016.(LST)cc: COR (Entered: 05/13/2016)
2016-06-1526JOINT STATUS REPORT by Internal Revenue Service. (Bondada, Kavitha) (Entered: 06/15/2016)
2016-06-16***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: 26 Status Report (TJZ) (Entered: 06/16/2016)
2016-06-2027ORDER: Plf's Motion to Compel Preparation of a Vaughn Index 16 is denied without prejudice as moot. The following case schedule is set: 1) Def shall file any dispositive motion and its Vaughn Declaration/Index by 8/15/2016 ; 2) Plf shall file its response and/or cross-motion by 9/15/2016 ; Def shall file its reply and/or response to any cross-motion by 9/29/2016 ; 4) In the event Plf files a cross-motion, it will file any reply thereto on or before 10/13/2016 . Signed by Magistrate Judge Candace J. Smith on 6/20/2016.(ECO)cc: COR (Entered: 06/20/2016)
2016-08-1528MOTION for Summary Judgment by Internal Revenue Service (Attachments: # 1 Memorandum in Support, # 2 Declaration of Thomas Andrew Durrett, # 3 Declaration of Donald Squires, # 4 Proposed Order)(Bondada, Kavitha) (Entered: 08/15/2016)
2016-09-1229RESPONSE to Motion re 28 MOTION for Summary Judgment by Internal Revenue Service and Motion for Attorney Fees filed by Kathy Jones Skin Care, Inc.. (Attachments: # 1 Exhibit Letter dated May 29, 2015, # 2 Exhibit Letter dated June 30, 2015, # 3 Exhibit Letter dated July 6, 2015, # 4 Exhibit Letter dated September 30, 2015, # 5 Proposed Order Proposed Order)(Craven, Jessica) (Entered: 09/12/2016)
2016-09-1230MOTION for Attorney Fees by Kathy Jones Skin Care, Inc. Motions referred to Candace J. Smith. (Attachments: # 1 Exhibit 1-Letter dated 5/29/16, # 2 Exhibit 2-Letter dated 6/30/2015, # 3 Exhibit 3-Letter dated 7/6/2015, # 4 Exhibit 4-Letter dated 9/30/2016, # 5 Proposed Order)(ECO)( Filed per QC DE 29 ) Modified text on 9/12/2016 (ECO). (Entered: 09/12/2016)
2016-09-12NOTICE OF DOCKET MODIFICATION TO Jessica Craven re 29 Response to Motion; Error: This is a response AND a motion. The pleading was filed only as a response when the document should be filed as two separate entries; Entry by attorney; Clerk re-filed the pleading as a Motion 30 . In the future, when filing multiple pleading within one filing, please refer to the ECF User Manual 'Filing Other Types of Documents' for the correct procedure. No further action required by counsel. cc: COR (ECO) (Entered: 09/12/2016)
2016-09-2931STIPULATION of Dismissal Jointly Filed by Kathy Jones Skin Care, Inc.. (Craven, Jessica) (Entered: 09/29/2016)
2016-09-29***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: 31 Stipulation of Dismissal (ECO) (Entered: 09/29/2016)
2016-09-3032ORDER: That the Def's 28 Motion for Summary Judgment and Plf's 30 Motion for Attorney Fees are DENIED AS MOOT . Signed by Judge William O. Bertelsman on 9/30/2016. (ECO)cc: COR (Entered: 09/30/2016)
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by FOIA Project Staff
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