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Case TitleMotivating Graphics LLC v. Internal Revenue Service
DistrictNorthern District of Texas
CityFort Worth
Case Number4:2018cv00156
Date Filed2018-02-23
Date Closed2019-03-08
JudgeJudge John McBryde
PlaintiffMotivating Graphics LLC
formerly known as Motivating Graphics III, Inc
Case DescriptionMotivating Graphics submitted FOIA requests to the IRS for records concerning the agency's examination of the company's taxes from 2006-2009. The agency identified 5,718 pages of responsive records and partially responded to the request, withholding 321 pages in full and 125 pages in part. Motivating Graphics filed an administrative appeal, which was denied by the agency. Motivating Graphics submitted a second FOIA request to the IRS for records pertaining to its 2010 taxes. The agency identified 3,828 pages of responsive records, withholding 362 pages in full and 320 pages in part. Motivating Graphics filed an administrative appeal of that decision, which was denied by the agency as well. Motivating Graphics then filed suit.
Complaint issues: Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantInternal Revenue Service
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-02-231COMPLAINT against Internal Revenue Service filed by Motivating Graphics LLC. (Filing fee $400; Receipt number 0539-9010333) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s), # 2 Cover Sheet) (Brown, Lawrence) (Entered: 02/23/2018)
2018-02-232CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Motivating Graphics LLC. (Brown, Lawrence) (Entered: 02/23/2018)
2018-02-233ADDITIONAL ATTACHMENTS to 1 Complaint,,,, Amended Civil Cover Sheet by Plaintiff Motivating Graphics LLC. (Brown, Lawrence) (Entered: 02/23/2018)
2018-02-234New Case Notes: A filing fee has been paid. File to Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (npk) (Entered: 02/23/2018)
2018-02-235Summons Issued as to Internal Revenue Service. (npk) (Entered: 02/23/2018)
2018-03-226NOTICE of Attorney Appearance by Matthew B. Miller on behalf of Internal Revenue Service. (Filer confirms contact info in ECF is current.) (Miller, Matthew) (Entered: 03/22/2018)
2018-03-267ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: The Joint Report shall be filed on or before April 23, 2018. (Ordered by Judge Reed C. O'Connor on 3/26/2018) (skg) (Entered: 03/26/2018)
2018-03-268Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to Complaint filed by Internal Revenue Service (Attachments: # 1 Proposed Order) (Miller, Matthew) (Entered: 03/26/2018)
2018-03-289SUMMONS Returned Executed as to Internal Revenue Service ; served on 2/26/2018. (Brown, Lawrence) (Entered: 03/28/2018)
2018-03-2810SUMMONS Returned Executed. (Brown, Lawrence) (Entered: 03/28/2018)
2018-03-2811SUMMONS Returned Executed. (Brown, Lawrence) (Entered: 03/28/2018)
2018-03-2812SUMMONS Returned Executed. (Brown, Lawrence) (Entered: 03/28/2018)
2018-03-2813ORDER granting 8 Motion for Extension of Time to File Answer Internal Revenue Service answer due 4/4/2018. (Ordered by Judge Reed C. O'Connor on 3/28/2018) (skg) (Entered: 03/29/2018)
2018-03-2814ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: The Joint Report shall be filed on or before April 25, 2018. (Ordered by Judge Reed C. O'Connor on 3/28/2018) (skg) (Entered: 03/29/2018)
2018-04-0415ANSWER to 1 Complaint,,,, filed by Internal Revenue Service. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Miller, Matthew) (Entered: 04/04/2018)
2018-04-0416CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Internal Revenue Service. (Miller, Matthew) (Entered: 04/04/2018)
2018-04-1217Joint MOTION for Extension of Time to File Joint Report filed by Motivating Graphics LLC (Brown, Lawrence) (Entered: 04/12/2018)
2018-04-1218ORDER granting 17 Joint Motion for Extension of Time to File Joint Status Report. Joint Status Report due by 5/23/2018. (Ordered by Judge Reed C. O'Connor on 4/12/2018) (plp) Modified text on 4/16/2018 (tln). (Entered: 04/13/2018)
2018-05-2319Joint STATUS REPORT Regarding Contents of Scheduling Order filed by Motivating Graphics LLC. (Brown, Lawrence) (Entered: 05/23/2018)
2018-05-2420ORDER: The above-styled and numbered cases are TRANSFERRED to the docket of the Honorable Judge John McBryde, and shall henceforth carry the letter code "A." (Ordered by Judge Reed C. O'Connor on 5/24/2018) (skg) (Entered: 05/24/2018)
2018-05-2521Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Judge John McBryde on 5/25/2018) (npk) (Entered: 05/25/2018)
2018-05-2522ORDER: The above-captioned actions have been transferred to the docket of the undersigned because they relate to No. 4:18-CV-151- A, styled "Ray G. Clark, et al. v. Internal Revenue Service." Based on the joint report regarding contents of scheduling order filed in No. 4:18-CV-156-A, it appears that counsel are prepared to proceed on a schedule similar to the one set in No. 4:18-CV- 151-A. Accordingly, the court is issuing an order setting schedule and providing special pretrial instructions in each case that will parallel the schedule set in the first-filed case. And, it will not be necessary for the parties to file a joint report in No. 4:18-CV-153-A. The court ORDERS that the order of March 28, 2018, as amended by order signed April 12, 2018, in No. 4:18-CV-153-A, be, and is hereby, set aside and vacated. (Ordered by Judge John McBryde on 5/25/2018) (npk) (Entered: 05/25/2018)
2018-05-2523ORDER SETTING SCHEDULE AND PROVIDING SPECIAL PRETRIAL INSTRUCTIONS: Amended Pleadings due by 10/17/2018. Discovery due by 12/17/2018. Pretrial Conference set for 1/7/2019 09:30 AM before Judge John McBryde. Docket Call set for 2/11/2019 09:00 AM before Judge John McBryde. (Ordered by Judge John McBryde on 5/25/2018) (npk) (Entered: 05/25/2018)
2018-10-1824Unopposed MOTION to Amend 23 Scheduling Order, filed by Internal Revenue Service (npk) (Entered: 10/18/2018)
2018-10-1825DECLARATION OF CHRISTOPHER P. VALVARDI re 24 MOTION to Amend 23 Scheduling Order, by Internal Revenue Service. (npk) (Entered: 10/18/2018)
2018-10-2226ORDER: The court ORDERS that the unopposed 24 motion to amend scheduling order be, and is hereby, granted in part, and the deadline for filing motions for summary judgment be, and is hereby, extended to November 21, 2018. The court further ORDERS that the motion be, and is hereby, otherwise denied. (Ordered by Senior Judge John McBryde on 10/22/2018) (bdb) (Entered: 10/22/2018)
2018-11-2127MOTION for Summary Judgment filed by Internal Revenue Service. (bdb) (Entered: 11/21/2018)
2018-11-2128Brief in Support filed by Internal Revenue Service re 27 MOTION for Summary Judgment. (bdb) (Entered: 11/21/2018)
2018-11-2129Appendix in Support filed by Internal Revenue Service re 27 MOTION for Summary Judgment. (bdb) (Entered: 11/21/2018)
2018-12-0330MOTION for Protective Order filed by Internal Revenue Service (npk) (Entered: 12/03/2018)
2018-12-0331Brief/Memorandum in Support filed by Internal Revenue Service re 30 MOTION for Protective Order (npk) (Entered: 12/03/2018)
2018-12-0332Appendix in Support filed by Internal Revenue Service re 30 MOTION for Protective Order (npk) (Entered: 12/03/2018)
2018-12-0733RESPONSE filed by Motivating Graphics LLC re: 27 MOTION for Summary Judgment, and request for in camera inspection or a Vaughn index (npk) (Entered: 12/07/2018)
2018-12-0734Brief/Memorandum in Support filed by Motivating Graphics LLC re 33 Response (npk) (Entered: 12/07/2018)
2018-12-0735Appendix in Support filed by Motivating Graphics LLC re 34 Brief/Memorandum in Support of Motion (npk) (Entered: 12/07/2018)
2018-12-2036REPLY filed by Internal Revenue Service re: 27 MOTION for Summary Judgment (npk) (Entered: 12/20/2018)
2018-12-2037Appendix in Support filed by Internal Revenue Service re 36 Reply (npk) (Entered: 12/20/2018)
2018-12-2138RESPONSE filed by Motivating Graphics LLC re: 30 MOTION for Protective Order (npk) (Entered: 12/21/2018)
2018-12-2139Brief/Memorandum in Support filed by Motivating Graphics LLC re 38 Response/Objection (npk) (Entered: 12/21/2018)
2018-12-2140Appendix in Support filed by Motivating Graphics LLC re 39 Brief/Memorandum in Support of Motion (npk) (Entered: 12/21/2018)
2018-12-2141DECLARATION OF CYNTHIA A. COOK by Motivating Graphics LLC. (npk) (Entered: 12/21/2018)
2018-12-2742Joint MOTION for a Stay of all Proceedings and Deadlines filed by Internal Revenue Service, Motivating Graphics LLC. (bdb) (Entered: 12/27/2018)
2018-12-2743ORDER: The court ORDERS that the motions for summary judgment 27 be, and are hereby, denied. The court further ORDERS that defendant's 30 motions for protective order be, and are hereby, denied. (Ordered by Senior Judge John McBryde on 12/27/2018) (bdb) (Entered: 12/27/2018)
2018-12-2744ORDER ON JOINT 42 MOTION FOR A STAY OF ALL PROCEEDINGS AND DEADLINES IN LIGHT OF LAPSE OF APPROPRIATIONS: The parties have jointly moved for a stay of all proceedings and deadlines. For good cause shown, the motion is GRANTED. All proceedings and deadlines in this case are hereby stayed. (Ordered by Senior Judge John McBryde on 12/27/2018) (bdb) (Entered: 12/27/2018)
2019-01-3145ORDER: The court ORDERS that the stay imposed by the court's December 27, 2018, orders be, and is hereby, lifted. The court further ORDERS that the pretrial conferences in each of these actions take place at 10:00 a.m. on April 1, 2019. The court further ORDERS that the trial of each of these actions be, and is hereby, reset for May 13, 2019, with docket call at 9:00 a.m. on that date. In all other respects, the provisions of the orders setting schedule and providing special pretrial instructions (as previously amended) in each of these actions remain in full force and effect. (Ordered by Senior Judge John McBryde on 1/31/2019) (bdb) (Entered: 01/31/2019)
2019-03-0746STIPULATION OF DISMISSAL by Internal Revenue Service, Motivating Graphics LLC. (npk) (Entered: 03/07/2019)
2019-03-0847FINAL JUDGMENT: In accordance with the joint stipulation of dismissal filed March 7, 2019, and upon confirmation of counsel, The court ORDERS, ADJUDGES, and DECREES that the claims of plaintiff, Motivating Graphics LLC, f/k/a Motivating Graphics, III, Inc., against defendant, Internal Revenue Service, be, and are hereby, dismissed with prejudice. The court further ORDERS, ADJUDGES, and DECREES that each party bear the court costs and attorney's fees incurred by that party. (Ordered by Senior Judge John McBryde on 3/8/2019) (edm) (Entered: 03/08/2019)
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by FOIA Project Staff
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