Case Detail

FOIA Project Annotation: A federal court in Michigan has ruled that Jodi Hohman is not entitled to attorney's fees for her suit against the IRS because she did not substantially prevail. Hohman requested her tax records and the agency told her that it was unable to respond within 20 days. After Hohman sued, the IRS told the court it could disclose Hohman's records by January 6, 2017, which it did. Hohman then claimed she was entitled to attorney's fees. The court disagreed, noting that "Hohman did not substantially prevail because the filing of the complaint was not reasonably necessary to obtain the requested records." The court explained that "a disclosure specialist began processing Hohman's request within a week of receipt. The IRS notified Hohman that it needed more time to locate responsive records and process her request. Moreover, contrary to Hohman's argument, the letter clearly indicated that the IRS was not denying the request. Rather, the IRS said it needed additional time because of the size of Hohman's request. This does not justify an award of attorney's fees." The court rejected Hohman's claim that its order memorializing the IRS's intention to disclose Hohman's records by January 6, 2017 was a change in the agency's position. Instead, the court observed that "that order simply memorialized a representation made by the IRS's counsel that it could produce the documents by January 6, 2017. That order was not a decision on the merits. If the IRS had declined to produce documents by January 6, 2017, the Court would have required the parties to brief the merits of the case before requiring the IRS to disclose all responsive documents."
Issues: Litigation - Attorney's fees - Prevailing party

Date Filed	Doc #	Docket Text
2016-09-12	1	COMPLAINT filed by JODI C HOHMAN against All Defendants. Plaintiff requests summons issued. Receipt No: 0645-5865211 - Fee: $ 400. County of 1st Plaintiff: Genesee - County Where Action Arose: Genessee - County of 1st Defendant: USA. [ Previously dismissed case: No] [ Possible companion case(s): None ] (Falcone, Joseph) (Entered: 09/12/2016)
2016-09-13	2	SUMMONS Issued for *Department of the Treasury* (DWor) (Entered: 09/13/2016)
2016-09-13	3	SUMMONS Issued for *Internal Revenue Service* (DWor) (Entered: 09/13/2016)
2016-09-13	4	SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (DWor) (Entered: 09/13/2016)
2016-09-13		A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (DWor) (Entered: 09/13/2016)
2016-10-24	5	ANSWER to Complaint with Affirmative Defenses by All Defendants. (Hoffman-Logsdon, Megan) (Entered: 10/24/2016)
2016-10-26	6	NOTICE TO APPEAR: Scheduling Conference set for 12/8/2016 03:30 PM before District Judge Victoria A. Roberts SEE NOTICE FOR DETAILS (CPin) (Entered: 10/26/2016)
2016-10-27	7	STANDING ORDER ON MOTIONS TO SEAL. Signed by District Judge Victoria A. Roberts. (CPin) (Entered: 10/27/2016)
2016-11-23	8	DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Hoffman-Logsdon, Megan) (Entered: 11/23/2016)
2016-12-08		Minute Entry for proceedings before District Judge Victoria A. Roberts: Scheduling Conference held on 12/8/2016 (CPin) (Entered: 12/09/2016)
2016-12-13	9	STATEMENT of Companion Case by JODI C HOHMAN (Falcone, Joseph) (Entered: 12/13/2016)
2016-12-14	10	ORDER. Scheduling Conference set for 1/18/2017 at 9:30 AM before District Judge Victoria A. Roberts. (see image for details and dates) Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 12/14/2016)
2017-01-13	11	NOTICE by All Defendants re 10 Order, Set Deadlines/Hearings of Status Report (Hoffman-Logsdon, Megan) (Entered: 01/13/2017)
2017-01-13		Set Deadlines/Hearings: Scheduling Conference reset for 1/18/2017 at 2:00 PM before District Judge Victoria A. Roberts. PLEASE NOTE THIS IS A TIME CHANGE ONLY. (LVer) (Entered: 01/13/2017)
2017-01-18		Minute Entry for proceedings before District Judge Victoria A. Roberts: Telephonic Scheduling Conference held on 1/18/2017 (CPin) (Entered: 01/27/2017)
2017-01-27	12	SCHEDULING ORDER: Dispositive Motion Cut-off set for 2/28/2017 Signed by District Judge Victoria A. Roberts. (Refer to image for additional dates) (LVer) (Entered: 01/27/2017)
2017-01-27	13	CORRECTED SCHEDULING ORDER: Dispositive Motion Cut-off set for 2/28/2017. Signed by District Judge Victoria A. Roberts. (Refer to image for additional dates) (LVer) (Entered: 01/27/2017)
2017-02-28	14	(STRICKEN - REPLACED BY 15 MOTION for Summary Judgment by All Defendants. (Attachments: # 1 Statement of Undisputed Material Facts, # 2 Exhibit Declaration of Jeremy Woods, # 3 Exhibit Declaration of Joseph Maher, # 4 Exhibit Declaration of Monica Frye, # 5 Exhibit Declaration of Elissa Sissman, # 6 Text of Proposed Order) (Hoffman-Logsdon, Megan) Modified on 3/10/2017 (CPin). (Entered: 02/28/2017)
2017-03-09	15	MOTION for Summary Judgment by All Defendants. (Attachments: # 1 Statement of Undisputed Material Facts, # 2 Text of Proposed Order, # 3 Index of Exhibits, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4) (Hoffman-Logsdon, Megan) (Entered: 03/09/2017)
2017-03-10		TEXT-ONLY ORDER to Strike. Motion: 14 MOTION for Summary Judgment filed by Department of the Treasury, Internal Revenue Service. Replaced by 15 Motion for Summary Judgment Signed by District Judge Victoria A. Roberts. (CPin) (Entered: 03/10/2017)
2017-03-21	16	RESPONSE to 15 MOTION for Summary Judgment filed by JODI C HOHMAN. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A- Center for Public Integrity v. U.S. Dept of Energy, # 3 Exhibit B- Declarations of Chung and Eadie) (Falcone, Joseph) (Entered: 03/21/2017)
2017-04-04	17	REPLY to Response re 15 MOTION for Summary Judgment filed by All Defendants. (Attachments: # 1 Appendix) (Hoffman-Logsdon, Megan) (Entered: 04/04/2017)
2017-04-05	18	SUPPLEMENTAL BRIEF re 17 Reply to Response to Motion and Objecton to Defendants' Brief filed by JODI C HOHMAN. (Falcone, Joseph) (Entered: 04/05/2017)
2017-04-06	19	ORDER REFERRING MOTION to Magistrate Judge Mona K. Majzoub: 15 Defendant's Motion for Summary Judgment. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 04/06/2017)
2017-04-11		TEXT-ONLY ORDER to Strike 18 Supplemental Brief filed by JODI C HOHMAN. (Document does not conform with Fed.R.Civ.P.15. Therefore Plaintiff's Supplemental Brief is Stricken and not deemed a part of this record) - Signed by Magistrate Judge Mona K. Majzoub. (LBar) (Entered: 04/11/2017)
2017-04-11		TEXT-ONLY ORDER to Strike 17 Reply to Response to Motion filed by Department of the Treasury, Internal Revenue Service. (Document fails to comply with EDMI Local Rule 7.1(d)(3)(B). Therefore this Document Stricken and not deem a part of this record) - Signed by Magistrate Judge Mona K. Majzoub. (LBar) (Entered: 04/11/2017)
2017-04-11	20	Notice of Determination of Motion Without Oral Argument re 15 MOTION for Summary Judgment (LBar) (Entered: 04/11/2017)
2017-04-11		CORRECTED TEXT-ORDER to Strike 18 Supplemental Brief filed by JODI C HOHMAN. (Document fails to comply with EDMI Local Rule 7.1(g). Therefore this document Stricken and not a part of this record) - Signed by Magistrate Judge Mona K. Majzoub. (LBar) (Entered: 04/11/2017)
2017-04-12	21	REPLY to Response re 15 MOTION for Summary Judgment filed by Internal Revenue Service. (Attachments: # 1 Appendix) (Hoffman-Logsdon, Megan) (Entered: 04/12/2017)
2017-12-18	22	REPORT AND RECOMMENDATION re 15 MOTION for Summary Judgment filed by Department of the Treasury, Internal Revenue Service - Signed by Magistrate Judge Mona K. Majzoub. (LHos) (Entered: 12/18/2017)
2018-01-08	23	ORDER adopting 22 Report and Recommendation. Signed by District Judge Victoria A. Roberts. (DPer) (Entered: 01/09/2018)
2018-01-09		Set Deadlines/Hearings: TELEPHONIC Status Conference set for 1/16/2018 at 4:00 PM before District Judge Victoria A. Roberts. The Court will initiate the call. (LVer) (Entered: 01/09/2018)
2018-01-16		Minute Entry for proceedings before District Judge Victoria A. Roberts: Telephonic Status Conference held on 1/16/2018 (CPin) (Entered: 01/17/2018)
2018-01-18	24	ORDER. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 01/18/2018)
2018-01-31	25	MOTION for Attorney Fees Against IRS by JODI C HOHMAN. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Declaration of Joseph Falcone) (Falcone, Joseph) (Entered: 01/31/2018)
2018-02-02	26	ORDER to Strike 25 MOTION for Attorney Fees. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 02/02/2018)
2018-02-02	27	MOTION for Attorney Fees and Brief in Support by JODI C HOHMAN. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Declaration of Joseph Falcone) (Falcone, Joseph) (Entered: 02/02/2018)
2018-02-16	28	MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Attorney Fees and Brief in Support by Internal Revenue Service. (Attachments: # 1 Proposed Order) (Hoffman-Logsdon, Megan) (Entered: 02/16/2018)
2018-02-20		TEXT-ONLY ORDER Granting 28 Motion for Extension of Time to File Response as to 27 Motion for Attorney Fees. Response due 2/22/18. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 02/20/2018)
2018-02-22	29	RESPONSE to 27 MOTION for Attorney Fees and Brief in Support filed by Internal Revenue Service. (Attachments: # 1 Index of Authorities, # 2 Index of Exhibits, # 3 Declaration, # 4 Exhibit A to Declaration, # 5 Proposed Order) (Hoffman-Logsdon, Megan) (Entered: 02/22/2018)
2018-02-23	30	ERRATA Sheet re: 27 MOTION for Attorney Fees and Brief in Support filed by JODI C HOHMAN, 29 Response to Motion, filed by Internal Revenue Service. by Internal Revenue Service (Attachments: # 1 Corrected Document) (Hoffman-Logsdon, Megan) (Entered: 02/23/2018)
2018-03-01	31	REPLY to Response re 27 MOTION for Attorney Fees and Brief in Support filed by JODI C HOHMAN. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Open Government Act of 2007) (Falcone, Joseph) (Entered: 03/01/2018)
2018-04-17	32	MOTION re 24 Order by Treasury Inspector General for Tax Administration. (Attachments: # 1 Proposed Order) (Hoffman-Logsdon, Megan) (Entered: 04/17/2018)
2018-04-17	33	NOTICE by Treasury Inspector General for Tax Administration re 24 Order (Hoffman-Logsdon, Megan) (Entered: 04/17/2018)
2018-05-16	34	ORDER Denying 27 Plaintiff's Motion for Attorney Fees. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 05/16/2018)
2018-05-18	35	ORDER granting TIGTA'S 32 Motion for In Camera Review and Summary Judgment. Signed by District Judge Victoria A. Roberts. (CPin) (Entered: 05/18/2018)
2018-05-18	36	JUDGMENT in favor of Defendants against Plaintiff Signed by District Judge Victoria A. Roberts. (CPin) (Entered: 05/18/2018)
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