| Date Filed | Doc # | Docket Text |
|
| 2018-06-22 | 1 | COMPLAINT against DEPARTMENT OF JUSTICE, INTERNAL REVENUE SERVICE ( Filing fee $ 400 receipt number 0090-5550915) filed by INSTITUTE FOR JUSTICE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Civil Cover Sheet, # 12 Summons to Internal Revenue Service, # 13 Summons to Department of Justice, # 14 Summons to U.S. Attorney General, # 15 Summons to U.S. Attorney for D.C.)(Prins, Andrew) (Entered: 06/22/2018) |
| 2018-06-22 | 2 | Corporate Disclosure Statement by INSTITUTE FOR JUSTICE. (Prins, Andrew) (Entered: 06/22/2018) |
| 2018-06-22 | | Case Assigned to Judge Trevor N. McFadden. (zmd) (Entered: 06/25/2018) |
| 2018-06-25 | 3 | NOTICE of Appearance by Ryan S. Baasch on behalf of INSTITUTE FOR JUSTICE (Baasch, Ryan) (Entered: 06/25/2018) |
| 2018-06-25 | 4 | STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 6/25/2018. (lctnm3) (Entered: 06/25/2018) |
| 2018-06-26 | 5 | SUMMONS (4) Issued Electronically as to DEPARTMENT OF JUSTICE, INTERNAL REVENUE SERVICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 06/26/2018) |
| 2018-07-26 | 6 | NOTICE of Appearance by Melanie Dyani Hendry on behalf of DEPARTMENT OF JUSTICE (Hendry, Melanie) (Entered: 07/26/2018) |
| 2018-07-26 | 7 | Consent MOTION for Extension of Time to File Answer re 1 Complaint,, or Otherwise Respond to Complaint by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(McMonagle, Ryan) (Entered: 07/26/2018) |
| 2018-07-31 | 8 | Case randomly reassigned to Judge Colleen Kollar-Kotelly. Judge Trevor N. McFadden is no longer assigned to the case. (ztnr) (Entered: 07/31/2018) |
| 2018-07-31 | | MINUTE ORDER: Defendants having moved for an extension of time to answer or otherwise respond to the 1 Complaint, having shown good cause, and the Plaintiff having not opposed the motion, it is hereby ORDERED that the Defendants' motion for a 30-day extension to answer or otherwise respond to the 1 Complaint is GRANTED nunc pro tunc ; and the Internal Revenue Service and the Department of Justice shall answer or otherwise respond to the 1 Complaint in this action no later than AUGUST 28, 2018. Signed by Judge Colleen Kollar-Kotelly on July 31, 2018. (lcckk1) (Entered: 07/31/2018) |
| 2018-07-31 | | Set/Reset Deadlines: Answers due by 8/28/2018. (dot) (Entered: 07/31/2018) |
| 2018-07-31 | 9 | ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 07/31/2018.(DM) (Entered: 07/31/2018) |
| 2018-08-01 | 10 | NOTICE of Appearance by Catriona M. Coppler on behalf of INTERNAL REVENUE SERVICE (Coppler, Catriona) (Entered: 08/01/2018) |
| 2018-08-20 | 11 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. INTERNAL REVENUE SERVICE served on 6/28/2018 (Prins, Andrew) (Entered: 08/20/2018) |
| 2018-08-20 | 12 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 6/29/2018 (Prins, Andrew) (Entered: 08/20/2018) |
| 2018-08-20 | 13 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/29/2018. (Prins, Andrew) (Entered: 08/20/2018) |
| 2018-08-20 | 14 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/29/2018. Answer due for ALL FEDERAL DEFENDANTS by 7/29/2018. (Prins, Andrew) (Entered: 08/20/2018) |
| 2018-08-28 | 15 | ANSWER to Complaint by DEPARTMENT OF JUSTICE.(Hendry, Melanie) (Entered: 08/28/2018) |
| 2018-08-28 | 16 | ANSWER to Complaint by INTERNAL REVENUE SERVICE.(Coppler, Catriona) (Entered: 08/28/2018) |
| 2018-08-29 | 17 | ORDER. The parties shall file a Joint Status Report by no later than SEPTEMBER 19, 2018. Signed by Judge Colleen Kollar-Kotelly on 8/29/2018. (lcckk3) (Entered: 08/29/2018) |
| 2018-08-29 | 18 | AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants filed by INSTITUTE FOR JUSTICE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Baasch, Ryan) (Entered: 08/29/2018) |
| 2018-08-29 | | Set/Reset Deadlines: Joint Status Report due by 9/19/2018. (dot) (Entered: 08/31/2018) |
| 2018-09-12 | 19 | ANSWER to 18 Amended Complaint, by DEPARTMENT OF JUSTICE.(Hendry, Melanie) (Entered: 09/12/2018) |
| 2018-09-12 | 20 | ANSWER to 18 Amended Complaint, by INTERNAL REVENUE SERVICE.(Coppler, Catriona) (Entered: 09/12/2018) |
| 2018-09-19 | 21 | Joint STATUS REPORT by INSTITUTE FOR JUSTICE. (Baasch, Ryan) (Entered: 09/19/2018) |
| 2018-09-20 | | MINUTE ORDER: The Court is in receipt of parties' 21 Joint Status Report. The parties represent that Defendant has completed Plaintiff's 2016 request. Defendant is continuing to work on Plaintiff's 2017 and 2018 requests and will be able to provide a schedule for completing these requests within the next forty-five days. Plaintiff anticipates that it will file a Motion for Summary Judgment regarding withholdings in the production of Plaintiff's 2016 request. But, to avoid bifurcated briefing, Plaintiff will not file a Motion for Summary Judgment before more information is known about the 2017 and 2018 requests. The Court ORDERS the parties to file a Joint Status Report by NOVEMBER 2, 2018 apprising the Court on the status of Defendant's progress on Plaintiff's FOIA requests. If circumstances warrant, parties will also file a proposed briefing schedule for summary judgment at that time. Signed by Judge Colleen Kollar-Kotelly on 09-20-2018. (lcckk3) (Entered: 09/20/2018) |
| 2018-09-20 | | Set/Reset Deadlines: Joint Status Report due by 11/2/2018, apprising the Court on the status of Defendant's progress on Plaintiff's FOIA requests. (dot) (Entered: 09/21/2018) |
| 2018-11-02 | 22 | Joint STATUS REPORT by INSTITUTE FOR JUSTICE. (Baasch, Ryan) (Entered: 11/02/2018) |
| 2018-11-02 | | MINUTE ORDER: The Court is in receipt of the parties' 22 Joint Status Report. Plaintiff and the IRS report that the IRS's search for documents responsive to Plaintiff's 2017 and 2018 requests has identified approximately 13,209 responsive pages. The IRS has proposed to produce the documents on a rolling basis, with a final deadline for the entire production of February 25, 2019. Plaintiff and the IRS are ORDERED to file a further Joint Status Report on MARCH 4, 2019, proposing a schedule for summary judgment briefing on withholdings from the 2016 IRS request and, if needed, on withholdings from the 2017 and 2018 IRS requests. Plaintiff and the DOJ report that DOJ's initial search has returned approximately 1 million responsive pages, and the search is ongoing. The DOJ anticipates that it can propose a production schedule by November 30, 2018. But, Plaintiff requests that the Court order the parties to file another Joint Status Report by November 16, 2018, apprising the Court of whether negotiations to narrow Plaintiff's request have been fruitful. Plaintiff and the DOJ are ORDERED to file another Joint Status Report on NOVEMBER 16, 2018, apprising the Court on the status of efforts to narrow Plaintiff's request. Signed by Judge Colleen Kollar-Kotelly on 11/2/2018. (lcckk3) (Entered: 11/02/2018) |
| 2018-11-02 | | Set/Reset Deadlines: Joint Status Report by Plaintiff and DOJ due by 11/16/2018, apprising the Court on the status of efforts to narrow Plaintiff's request. Joint Status Report by Plaintiff and IRS due by 3/4/2019, proposing a schedule for summary judgment briefing on withholdings from the 2016 IRS request and, if needed, on withholdings from the 2017 and 2018 IRS requests. (dot) (Entered: 11/05/2018) |
| 2018-11-16 | 23 | Joint STATUS REPORT by INSTITUTE FOR JUSTICE. (Baasch, Ryan) (Entered: 11/16/2018) |
| 2018-11-16 | | MINUTE ORDER: The Court is in receipt of the parties' 23 Joint Status Report. The parties report that they have made some progress in narrowing the scope of Plaintiff's FOIA request. Defendant DOJ will be able to propose a processing schedule by November 30, 2018. But, Defendant DOJ cannot provide any information to Plaintiff earlier as Defendant DOJ is still compiling the necessary information. Plaintiff notes that, depending on Defendant DOJ's proposed schedule, it reserves the right to ask the Court to order Defendant DOJ to produce all responsive documents by a date certain. The Court ORDERS the parties to file another Joint Status Report by NOVEMBER 30, 2018, setting forth Defendant DOJ's proposed schedule and Plaintiff's response. Signed by Judge Colleen Kollar-Kotelly on 11/16/2018. (lcckk3) (Entered: 11/16/2018) |
| 2018-11-30 | 24 | Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Butler Declaration)(Hendry, Melanie) (Entered: 11/30/2018) |
| 2018-12-07 | | MINUTE ORDER: The Court is in receipt of the parties' 24 Joint Status Report. Plaintiff and the DOJ report that DOJ's search for Plaintiff's FOIA request has identified approximately 35,000 potentially responsive pages. The parties disagree on a timeline for processing and releasing the responsive documents. DOJ proposes that it make monthly rolling productions, with 400 pages reviewed per month, beginning January 4, 2019. Plaintiff insists that this production schedule is too slow. While Plaintiff does not dispute that the review of potentially responsive documents may begin on January 4, 2019, Plaintiff proposes that more pages be reviewed each month. Plaintiff points out that that DOJ's proposed schedule would result in full production taking over seven years. Instead, Plaintiff proposes that DOJ make monthly rolling productions, with 8,800 pages reviewed per month. Through the Declaration of Christina Butler, DOJ insists that its FOIA unit is working diligently to process Plaintiff's FOIA request, which is only one of 606 pending requests. But, DOJ has not informed the Court where Plaintiff's request falls in the que of other requests. The Court ORDERS DOJ to supply the Court with this information in a Status Report by DECEMBER 19, 2018. This information will assist the Court in determining whether 400 pages per month is a reasonable schedule. The Court further ORDERS that DOJ's December 19, 2018 Status Report include a categorization of the types of documents that DOJ has identified as potentially responsive to Plaintiff's request. Plaintiff can use this information to prioritize DOJ's document processing and release, such as leaving to the last release public documents. Signed by Judge Colleen Kollar-Kotelly on 12/7/2018. (lcckk3) (Entered: 12/07/2018) |
| 2018-12-07 | | Set/Reset Deadlines: DOJ's Status Report due by 12/19/2018. (dot) (Entered: 12/07/2018) |
| 2018-12-18 | 25 | STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of Christina Butler)(Hendry, Melanie) (Entered: 12/18/2018) |
| 2018-12-19 | | MINUTE ORDER: The Court is in receipt of the Defendant DOJ's 25 Status Report. In accordance with the Court's December 7, 2018 Minute Order, Defendant DOJ filed a Status Report informing the Court of where Plaintiff's request falls in the que of other requests and categorizing the types of documents that Defendant DOJ has identified as potentially responsive to Plaintiff's request. Given this new information, the Court ORDERS Defendant DOJ and Plaintiff to meet and confer in an attempt to create and prioritize a mutually agreeable production plan. The Court ORDERS the parties to file another Joint Status Report by JANUARY 11, 2019, informing the Court of the parties' efforts to develop a production schedule. Signed by Judge Colleen Kollar-Kotelly on 12/19/2018. (lcckk3) (Entered: 12/19/2018) |
| 2018-12-19 | | Set/Reset Deadlines: Joint Status Report due by 1/11/2019. (dot) (Entered: 12/19/2018) |
| 2018-12-27 | 26 | MOTION to Stay in Light of Lapse in Appropriations by INTERNAL REVENUE SERVICE (Coppler, Catriona) (Entered: 12/27/2018) |
| 2019-01-02 | | MINUTE ORDER: The Court is in receipt of Defendant's 26 Motion for Stay of the Internal Revenue Service's Production Schedule. Defendant IRS requests a stay because the appropriations act which had been funding the IRS has lapsed. Defendant IRS requests that a stay be granted pending restored appropriations. Defendant IRS indicates that it will notify the Court once appropriations have been restored, and all deadlines for the parties can be extended commensurate with the duration of the appropriations lapse. Defendant IRS indicates that Plaintiff does not oppose this motion. Defendant's motion is GRANTED. Defendant IRS is ORDERED to file a Status Report informing the Court of the parties' new deadlines within five days of the restoration of appropriations. Signed by Judge Colleen Kollar-Kotelly on 1-2-2019. (lcckk3) (Entered: 01/02/2019) |
| 2019-01-02 | | Case STAYED. (kt) (Entered: 01/02/2019) |
| 2019-01-30 | 27 | STATUS REPORT by INTERNAL REVENUE SERVICE. (Coppler, Catriona) (Entered: 01/30/2019) |
| 2019-01-31 | | MINUTE ORDER: The Court is in receipt of Defendant IRS's 27 Notice and Status Report. Defendant reports that funding has been restored to the Department of Justice and the Internal Revenue Service for at least the next three weeks. Accordingly, the Court ORDERS the stay lifted. Plaintiff and Defendant IRS have agreed that Defendant IRS will continue producing records on a rolling basis with a final deadline for the entire production of APRIL 2, 2019. Plaintiff and Defendant IRS are ORDERED to file a Joint Status Report by APRIL 8, 2019, proposing a summary judgment briefing schedule. The Court further ORDERS Plaintiff and Defendant DOJ to file a Joint Status Report by FEBRUARY 15, 2019, informing the Court of the parties' efforts to develop a production schedule. The parties were previously ordered to file a Joint Status Report by January 11, 2019; but, due to the stay and the lack of appropriations, no report was filed. Signed by Judge Colleen Kollar-Kotelly on 1/31/2019. (lcckk3) (Entered: 01/31/2019) |
| 2019-02-15 | 28 | Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Hendry, Melanie) (Entered: 02/15/2019) |
| 2019-02-15 | | MINUTE ORDER: The Court is in receipt of Plaintiff's and Defendant DOJ's 28 Joint Status Report. The parties have conferred about a rolling production schedule for responsive documents. For documents in prioritized categories 3-7, the parties agree that DOJ will complete its production of all non-exempt responsive documents in categories 4-7 by April 5, 2019, and its production of all non-exempt responsive documents in category 3 by May 3, 2019. The parties have not yet reached an agreement on a production schedule for the documents in categories 1 and 2 as DOJ does not yet know how many pages will be in those categories. The parties are ORDERED to file another Joint Status Report on or before MAY 17, 2019, indicating whether the parties have agreed on a production schedule for the documents in categories 1 and 2. If the parties have not reached an agreement, they should submit proposals for the Court's resolution. Signed by Judge Colleen Kollar-Kotelly on 2-15-2019. (lcckk3, ) (Entered: 02/15/2019) |
| 2019-02-15 | | Set/Reset Deadlines: Joint Status Report due by 5/17/2019, indicating whether the parties have agreed on a production schedule for the documents in categories 1 and 2. (dot) (Entered: 02/22/2019) |
| 2019-04-08 | 29 | Joint STATUS REPORT by INSTITUTE FOR JUSTICE. (Attachments: # 1 Exhibit 1)(Baasch, Ryan) (Entered: 04/08/2019) |
| 2019-04-09 | | MINUTE ORDER: The Court is in receipt of the parties' 29 Joint Status Report. The parties report that IRS has made a complete production of five of the seven categories in Plaintiff's FOIA request. However, no documents responsive to the other two categories have been released. IRS recently identified approximately 90,000 pages responsive to these two categories. In an effort to narrow Plaintiff's request, IRS provided a sample of 74 pages responsive to the two categories. Plaintiff indicates that IRS applied exemptions to these sample pages in an overbroad fashion. Plaintiff requests that the Court order summary judgment briefing on IRS's applications of exemptions to the five categories it produced in full as well as on the application of exemptions to the representative sampling from the other two categories. IRS argues that the case is not ripe for summary judgment briefing because the Court would have to make a premature determination that IRS is improperly withholding records that have not been released. The Court will HOLD IN ABEYANCE Plaintiff's request for summary judgment briefing. The court ORDERS the parties to meet and confer in an attempt to further narrow Plaintiff's request as to the final two categories of documents. The Court further ORDERS the parties to file another Joint Status Report by MAY 24, 2019. The Joint Status Report should inform the Court whether or not IRS still opposes summary judgment briefing and how long it will take for the IRS to complete "searching and reviewing the potentially responsive records" and to finish "releasing all responsive, non-exempt records." ECF No. 29, 5. Signed by Judge Colleen Kollar-Kotelly on 4/9/2019. (lcckk3) (Entered: 04/09/2019) |
| 2019-04-09 | | Set/Reset Deadlines: Joint Status Report due by 5/24/2019, inform the Court whether or not IRS still opposes summary judgment briefing and how long it will take for the IRS to complete "searching and reviewing the potentially responsive records" and to finish "releasing all responsive, non-exempt records." ECF No. 29, 5. (dot) (Entered: 04/09/2019) |
| 2019-04-16 | 30 | NOTICE of Change of Address by Ryan S. Baasch (Baasch, Ryan) (Entered: 04/16/2019) |
| 2019-05-17 | 31 | Joint STATUS REPORT by INSTITUTE FOR JUSTICE. (Baasch, Ryan) (Entered: 05/17/2019) |
| 2019-05-20 | | MINUTE ORDER: The Court is in receipt of the parties' 31 Joint Status Report. The parties report that DOJ has made a complete production of five of the seven categories in Plaintiff's FOIA request. As to the remaining categories, there are approximately 18,170 potentially responsive pages. DOJ proposes that it make its next production on July 5, 2019 and that it complete production of all remaining responsive non-exempt records by no later than March 31, 2021. A two-year production schedule would not appear to be reasonable to the Court without further explanation. Plaintiff contends that this schedule is too slow and asks that the Court order DOJ to process a designated number of pages per month on a rolling basis and submits that 5,000 pages per month is a reasonable requirement. The Court ORDERS Defendant to file a Status Report by MAY 31, 2019 indicating to the Court whether or not processing 5,000 pages per month is feasible. If 5,000 pages per month is not possible, Defendant should suggest a reasonable designated number of pages per month which it can process. Signed by Judge Colleen Kollar-Kotelly on 5/20/2019. (lcckk3) (Entered: 05/20/2019) |
| 2019-05-20 | | Set/Reset Deadlines: Defendants' Status Report due by 5/31/2019 indicating to the Court whether or not processing 5,000 pages per month is feasible. (dot) (Entered: 05/21/2019) |
| 2019-05-24 | 32 | Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Coppler, Catriona) (Entered: 05/24/2019) |
| 2019-05-24 | 33 | Consent MOTION for Extension of Time to File Status Report by DEPARTMENT OF JUSTICE (Hendry, Melanie) (Entered: 05/24/2019) |
| 2019-05-29 | | MINUTE ORDER: The Court is in receipt of Defendant Department of Justice's 33 Consent Motion for Extension of Time. On May 20, 2019, the Court ordered Defendant Department of Justice to file a status report by May 31, 2019, indicating to the Court whether or not processing 5,000 pages per month is feasible in the FOIA case. Defendant requests an extension as Defense counsel is out of the office through June 11, 2019. Plaintiff does not oppose this extension. Defendant Department of Justice's Motion is GRANTED. Defendant Department of Justice is ORDERED to file its status report by JUNE 14, 2019. Signed by Judge Colleen Kollar-Kotelly on 5/29/2019. (lcckk3) (Entered: 05/29/2019) |
| 2019-05-29 | | MINUTE ORDER: The Court is in receipt of the parties' 32 Joint Status Report. The parties report that IRS has made a complete production of five of the seven categories in Plaintiff's FOIA request. However, no documents responsive to the other two categories have been released. The IRS recently identified approximately 90,000 pages responsive to these two categories. The parties have agreed to filter out certain documents in an effort to narrow the responsive pages. Because the IRS is still in the process of filtering out the agreed upon documents, the IRS does not have a precise estimate of the of the volume of potentially responsive records or a timeline for producing documents. The IRS proposes that beginning in June 2019 it make rolling productions of 500 pages by the last day of each month. Plaintiff indicates that the IRS's proposal to process 500 pages a month is not reasonable. Instead, Plaintiff proposes that the Court order the IRS to produce 5,000 pages per month. Plaintiff further requests that summary judgment briefing is warranted on the five categories of documents the IRS has produced in full and on the representative sample of the remaining categories that the IRS produced. The Court finds that summary judgment briefing is not ripe at this time. As to the five categories of documents that the IRS has produced in full, summary judgment briefing would require the court to bifurcate the issues. Bifurcating the issues risks wasting judicial resources and complicating the issues presented for judicial resolution. Additionally, as to the representative sample, because the IRS has not finished reviewing the records at issue, the Court cannot be certain that the sample documents produced and redacted are representative of all types of documents which will eventually be processed or of all FOIA Exemptions that the IRS will assert. Depending on how the case progresses, Plaintiff may again request bifurcated summary judgment briefing at a later time if the circumstances require it. The Court ORDERS the IRS to file a Status Report as soon as the IRS has a precise estimate of the volume of potentially responsive records following the agreed upon narrowing, but by no later than JULY 5, 2019. The Status Report should indicate to the Court whether or not processing 5,000 pages per month is feasible. If 5,000 pages per month is not possible, Defendant should suggest a reasonable designated number of pages per month which it can process. The Court cautions Defendant that it is unlikely to find a timeline of multiple years to be a reasonable production schedule. Signed by Judge Colleen Kollar-Kotelly on 5/29/2019. (lcckk3) (Entered: 05/29/2019) |
| 2019-05-29 | | Set/Reset Deadlines: Defendant Department of Justice's Status Report due by 6/14/2019. (dot) (Entered: 05/30/2019) |
| 2019-06-14 | 34 | STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Third Declaration of Christina Butler)(Hendry, Melanie) (Entered: 06/14/2019) |
| 2019-06-14 | | MINUTE ORDER: The Court is in receipt of Defendant Department of Justice's 34 Status Report. Defendant DOJ reports that it currently has 45 pending litigation matters in its litigation queue. This case is number 25. Defendant reports that there are approximately 18,000 remaining pages of records responsive to Plaintiff's requests. Defendant proposes a production schedule under which it processes a minimum of 1,000 pages per month, beginning in July 2019, with a final production date of February 28, 2020. The Court ORDERS Plaintiff to file a response to this proposal by JUNE 24, 2019. Signed by Judge Colleen Kollar-Kotelly on 6/14/2019. (lcckk3) (Entered: 06/14/2019) |
| 2019-06-14 | | Set/Reset Deadlines: Plaintiff's Response to Defendants' propose schedule due by 6/24/2019. (dot) (Entered: 06/18/2019) |
| 2019-06-21 | 35 | RESPONSE re 34 Status Report filed by INSTITUTE FOR JUSTICE. (Baasch, Ryan) (Entered: 06/21/2019) |
| 2019-06-21 | | MINUTE ORDER: The Court is in receipt of Plaintiff's 35 Response to Defendant the Department of Justice's June 14, 2019 Status Report. In Defendant DOJ's 34 status report, Defendant indicates that it can produce 1,000 pages per month, beginning in July 2019, with a final production date of February 28, 2020. Plaintiff does not oppose this proposal. Accordingly, the Court ORDERS Defendant DOJ to produce 1,000 pages per month, beginning in July 2019, with a final production date of February 28, 2020. In its Status Report, Defendant further noted that it will be required to refer many responsive documents to other agencies. The Court recognizes that Defendant DOJ may be required to wait for other agencies to consult on the requested records; however, Defendant DOJ should take all reasonable steps to prevent the referral and consultation process from slowing Defendant's processing and disclosures to Plaintiff. The Court ORDERS the parties to file a Joint Status Report on or before JULY 22, 2019. The parties are further ORDERED to file additional Joint Status Reports every 30 days thereafter. The parties are also free to file Joint Status Reports between the filing deadlines if issues arise that require the Court's attention. Signed by Judge Colleen Kollar-Kotelly on 6/21/2019. (lcckk3) (Entered: 06/21/2019) |
| 2019-06-21 | | Set/Reset Deadlines: Joint Status Report due by 7/22/2019. (dot) (Entered: 06/24/2019) |
| 2019-06-24 | | Case directly reassigned to Judge Carl J. Nichols. Judge Colleen Kollar-Kotelly is no longer assigned to the case. (ztnr) (Entered: 06/24/2019) |
| 2019-07-05 | 36 | STATUS REPORT by INTERNAL REVENUE SERVICE. (Attachments: # 1 Declaration of Elizabeth M. Hill, # 2 Exhibit A to Declaration of Elizabeth M. Hill)(Coppler, Catriona) (Entered: 07/05/2019) |
| 2019-07-12 | 37 | RESPONSE re 36 Status Report filed by INSTITUTE FOR JUSTICE. (Baasch, Ryan) (Entered: 07/12/2019) |
| 2019-07-19 | 38 | RESPONSE re 36 Status Report (Updated) filed by INSTITUTE FOR JUSTICE. (Baasch, Ryan) (Entered: 07/19/2019) |
| 2019-07-22 | 39 | Joint STATUS REPORT by INSTITUTE FOR JUSTICE. (Baasch, Ryan) (Entered: 07/22/2019) |
| 2019-08-07 | 40 | NOTICE OF SUBSTITUTION OF COUNSEL by John Moustakas on behalf of DEPARTMENT OF JUSTICE Substituting for attorney Melanie Hendry (Moustakas, John) (Entered: 08/07/2019) |
| 2019-08-13 | | MINUTE ORDER. The Court has reviewed the Parties' 39 Joint Status Report. The Court clarifies that its June 21, 2019 Order required Defendant Department of Justice to process 1000 pages per month, beginning August 2019, with a final production date of no later than February 28, 2020. The Court continues to recognize that the Department of Justice may be required to wait for other agencies to consult on the requested records; however, the Department should take all reasonable steps to prevent the referral and consultation process from slowing its processing and disclosures to Plaintiff. It is further ORDERED that the Parties file an additional Joint Status Report by August 21, 2019, per the Court's June 21, 2019 Order. Signed by Judge Carl J. Nichols on August 13, 2019. (lccjn1) (Entered: 08/13/2019) |
| 2019-08-14 | | Set/Reset Deadlines: Additional Joint Status Report due by 8/21/2019. (mac) (Entered: 08/14/2019) |
| 2019-08-21 | 41 | Joint STATUS REPORT by INSTITUTE FOR JUSTICE. (Baasch, Ryan) (Entered: 08/21/2019) |
| 2019-08-22 | | MINUTE ORDER. In light of the Parties' 41 Joint Status Report, and consistent with the Court's June 21, 2019 Order, it is hereby ORDERED that the Parties submit an additional Joint Status Report by September 20, 2019. Signed by Judge Carl J. Nichols on August 22, 2019. (lccjn1) (Entered: 08/22/2019) |
| 2019-08-22 | | Set/Reset Deadlines/Hearings: Joint status report due by 9/20/2019. (zcdw) (Entered: 08/22/2019) |
| 2019-09-20 | 42 | Joint STATUS REPORT by INSTITUTE FOR JUSTICE. (Baasch, Ryan) (Entered: 09/20/2019) |
| 2019-10-21 | 43 | Joint STATUS REPORT by INSTITUTE FOR JUSTICE. (Prins, Andrew) (Entered: 10/21/2019) |
| 2019-11-07 | | Set/Reset Deadlines/Hearings: Telephone Conference set for 11/12/2019 at 12:15 PM before Judge Carl J. Nichols. (zcdw) (Entered: 11/07/2019) |
| 2019-11-20 | 44 | Joint STATUS REPORT by INSTITUTE FOR JUSTICE. (Baasch, Ryan) (Entered: 11/20/2019) |
| 2019-12-20 | 45 | Joint STATUS REPORT by INSTITUTE FOR JUSTICE. (Baasch, Ryan) (Entered: 12/20/2019) |
| 2019-12-23 | | VACATED PURSUANT TO COURT'S ORDER FOR 1/15/2020....MINUTE ORDER. In light of the Parties' 45 Joint Status Report, and consistent with the Court's June 21, 2019 Order, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before January 21, 2020. Signed by Judge Carl J. Nichols on December 23, 2019. (lccjn3) Modified text on 1/21/2020 (zcdw). (Entered: 12/23/2019) |
| 2019-12-23 | | Set/Reset Deadlines/Hearings: Joint Status Report due by 1/21/2020. (zcdw) (Entered: 12/24/2019) |
| 2020-01-13 | | Set/Reset Deadlines/Hearings: Telephone Conference set for 1/14/2020 at 11:00 AM before Judge Carl J. Nichols. (zcdw) (Entered: 01/13/2020) |
| 2020-01-14 | | Minute Entry for proceedings held before Judge Carl J. Nichols: Telephone Conference held on 1/14/2020. (zcdw) (Entered: 01/14/2020) |
| 2020-01-15 | | MINUTE ORDER. In light of the January 14, 2020 telephonic conference, it is hereby ORDERED that on or before January 17, 2020, Plaintiff and Defendant IRS shall submit a proposed briefing schedule for summary judgment motions related to the lawfulness of the IRS's withholding of records in its productions to date. It is further ORDERED that the Court's December 23, 2019 Minute Order is vacated, and the Parties shall submit an additional Joint Status Report on or before March 16, 2020. Signed by Judge Carl J. Nichols on January 15, 2020. (lccjn3) (Entered: 01/15/2020) |
| 2020-01-15 | | Set/Reset Deadlines/Hearings: Joint Status Report due by 3/16/2020. (zcdw) (Entered: 01/21/2020) |
| 2020-01-17 | 46 | PROPOSED BRIEFING SCHEDULE (Stipulated Summary Judgment) by INSTITUTE FOR JUSTICE. (Attachments: # 1 Text of Proposed Order)(Baasch, Ryan) (Entered: 01/17/2020) |
| 2020-02-26 | 47 | ORDER ON SUMMARY JUDGMENT BRIEFING SCHEDULE. Signed by Judge Carl J. Nichols on February 26, 2020. (lccjn3) (Entered: 02/26/2020) |
| 2020-02-26 | | Set/Reset Deadlines/Hearings: Summary Judgment motion due by 3/20/2020. Response to Motion for Summary Judgment due by 4/24/2020. Reply to Motion for Summary Judgment due by 5/15/2020. Cross Motion due by 4/24/2020. Response to Cross Motion due by 5/15/2020. Reply to Cross Motion due by 6/1/2020. (zcdw) (Entered: 03/02/2020) |
| 2020-03-16 | 48 | Joint STATUS REPORT by INSTITUTE FOR JUSTICE. (Baasch, Ryan) (Entered: 03/16/2020) |
| 2020-03-19 | | MINUTE ORDER. In light of the Parties' 48 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before April 30, 2020. Signed by Judge Carl J. Nichols on March 19, 2020. (lccjn3) (Entered: 03/19/2020) |
| 2020-03-19 | | Set/Reset Deadlines/Hearings: Joint Status Report due by 4/30/2020. (zcdw) (Entered: 03/22/2020) |
| 2020-03-20 | 49 | Partial MOTION for Summary Judgment by INTERNAL REVENUE SERVICE (Attachments: # 1 Declaration of William Rowe, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Text of Proposed Order)(Coppler, Catriona) (Entered: 03/20/2020) |
| 2020-04-24 | 50 | Cross MOTION for Partial Summary Judgment (Partial) by INSTITUTE FOR JUSTICE (Attachments: # 1 Statement of Facts, # 2 Declaration of Dan Alban, # 3 Exhibit A to Alban Declaration, # 4 Exhibit B to Alban Declaration, # 5 Exhibit C to Alban Declaration, # 6 Exhibit D to Alban Declaration, # 7 Exhibit E to Alban Declaration, # 8 Exhibit F to Alban Declaration, # 9 Exhibit G to Alban Declaration, # 10 Exhibit H to Alban Declaration, # 11 Exhibit I to Alban Declaration, # 12 Exhibit J to Alban Declaration, # 13 Exhibit K-Part I to Alban Declaration, # 14 Exhibit K-Part II to Alban Declaration, # 15 Exhibit L-Part I to Alban Declaration, # 16 Exhibit L-Part II to Alban Declaration, # 17 Exhibit L-Part III to Alban Declaration, # 18 Exhibit L-Part IV to Alban Declaration, # 19 Exhibit M to Alban Declaration, # 20 Text of Proposed Order)(Baasch, Ryan). Modified event on 4/29/2020 (znmw). (Entered: 04/24/2020) |
| 2020-04-24 | 51 | Memorandum in opposition to re 49 Partial MOTION for Summary Judgment filed by INSTITUTE FOR JUSTICE. (Attachments: # 1 Response to Defendants Statement of Facts, # 2 Declaration of Dan Alban, # 3 Exhibit A of Alban Declaration, # 4 Exhibit B of Alban Declaration, # 5 Exhibit C of Alban Declaration, # 6 Exhibit D of Alban Declaration, # 7 Exhibit E of Alban Declaration, # 8 Exhibit F of Alban Declaration, # 9 Exhibit G of Alban Declaration, # 10 Exhibit H of Alban Declaration, # 11 Exhibit I of Alban Declaration, # 12 Exhibit J of Alban Declaration, # 13 Exhibit K-Part I of Alban Declaration, # 14 Exhibit K-Part II of Alban Declaration, # 15 Exhibit L-Part I of Alban Declaration, # 16 Exhibit L-Part II of Alban Declaration, # 17 Exhibit L-Part III of Alban Declaration, # 18 Exhibit L-Part IV of Alban Declaration, # 19 Exhibit M of Alban Declaration, # 20 Text of Proposed Order)(Baasch, Ryan) (Entered: 04/24/2020) |
| 2020-04-30 | 52 | Joint STATUS REPORT by INSTITUTE FOR JUSTICE. (Baasch, Ryan) (Entered: 04/30/2020) |
| 2020-05-05 | | MINUTE ORDER. In light of the Parties' 52 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report within 30 days of this Court's Order on the Parties' Cross Motions for Partial Summary Judgment. Signed by Judge Carl J. Nichols on May 5, 2020. (lccjn3) (Entered: 05/05/2020) |
| 2020-05-15 | 53 | Memorandum in opposition re 50 Cross MOTION for Partial Summary Judgment filed by INTERNAL REVENUE SERVICE. (Attachments: # 1 Responses and Objections to Plaintiff's Statement of Undisputed Material Facts, # 2 Supplemental Declaration of Jamie Song)(Coppler, Catriona) Modified docket event/text on 5/19/2020 (eg). (Entered: 05/15/2020) |
| 2020-05-15 | 54 | REPLY to opposition to motion re 49 Partial MOTION for Summary Judgment filed by INTERNAL REVENUE SERVICE. (Attachments: # 1 Responses and Objections to Plaintiff's Statement of Undisputed Material Facts, # 2 Supplemental Declaration of Jamie Song)(Coppler, Catriona) (Entered: 05/15/2020) |
| 2020-06-01 | 55 | REPLY to opposition to motion re 50 Cross MOTION for Partial Summary Judgment filed by INSTITUTE FOR JUSTICE. (Baasch, Ryan) (Entered: 06/01/2020) |
| 2021-01-26 | | MINUTE ORDER. Upon review of the Parties' 49 50 Cross-Motions for Partial Summary Judgment, it is hereby ORDERED that Defendants shall submit one fully unredacted record from each of the categories set forth in the Exemption Rationale table for Exemptions 6 and 7(C) (which can be found at pages 14 to 38 of their 49 cross-motion) under seal for the Court's in camera review by February 12, 2021 . It is further ORDERED that the Parties shall appear for a telephonic oral argument on February 18, 2021, at 10 AM . If necessary, the Court will also schedule a separate in camera hearing with Defendants. Signed by Judge Carl J. Nichols on January 26, 2021. (lccjn3) (Entered: 01/26/2021) |
| 2021-01-26 | | Set/Reset Deadlines/Hearings: Fully unredacted record due by 2/12/2021. Oral Argument set for 2/18/2021 at 10:00 AM in Telephonic/VTC before Judge Carl J. Nichols. (zcal) (Entered: 01/26/2021) |
| 2021-02-12 | 56 | SEALED DOCUMENT filed by INTERNAL REVENUE SERVICE re Order,, (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Records for in camera Review)(Coppler, Catriona) (Entered: 02/12/2021) |
| 2021-02-12 | 57 | NOTICE of In Camera Submission by INTERNAL REVENUE SERVICE re Order,, 56 Sealed Document (Coppler, Catriona) (Entered: 02/12/2021) |
| 2021-02-18 | | Minute Order and Entry for Proceedings held before Judge Carl J. Nichols: Motion Hearing held on 2/18/2021 re 50 Cross MOTION for Partial Summary Judgment filed by INSTITUTE FOR JUSTICE and 49 Partial MOTION for Summary Judgment filed by INTERNAL REVENUE SERVICE. Motions 49 and 50 ; Taken under advisement. Court Reporter: Lorraine Herman. (zcal) (Entered: 02/18/2021) |
| 2021-07-08 | 58 | MEMORANDUM OPINION. Signed by Judge Carl J. Nichols on July 7, 2021. (lccjn3) (Entered: 07/08/2021) |
| 2021-07-08 | 59 | ORDER granting in part and denying in part 49 50 Motions for Partial Summary Judgment. Signed by Judge Carl J. Nichols on July 8, 2021. (lccjn3) (Entered: 07/08/2021) |
| 2021-07-23 | 60 | MOTION to Clarify re 58 Order on Motion for Summary Judgment, 59 Order on Motion for Partial Summary Judgment by INTERNAL REVENUE SERVICE. (Attachments: # 1 Text of Proposed Order)(Coppler, Catriona) (Entered: 07/23/2021) |
| 2021-08-06 | 61 | Memorandum in opposition to re 60 MOTION to Clarify re 58 Order on Motion for Summary Judgment, 59 Order on Motion for Partial Summary Judgment filed by INSTITUTE FOR JUSTICE. (Attachments: # 1 Text of Proposed Order)(Baasch, Ryan) Modified docket event/text on 8/6/2021 (eg). (Entered: 08/06/2021) |
| 2021-08-06 | 62 | Cross MOTION to Clarify re 58 Order on Motion for Summary Judgment, 59 Order on Motion for Partial Summary Judgment by INSTITUTE FOR JUSTICE. (Attachments: # 1 Text of Proposed Order)(Baasch, Ryan) (Entered: 08/06/2021) |
| 2021-08-09 | 63 | Joint STATUS REPORT by INSTITUTE FOR JUSTICE. (Baasch, Ryan) (Entered: 08/09/2021) |
| 2021-08-10 | | MINUTE ORDER. Upon review of the Parties' 60 62 Motions to Clarify, it is hereby ORDERED that the government's 60 Motion is DENIED and Plaintiff's 62 Motion is GRANTED. Defendant may not redact any information (including dates and dollar amounts) that is not likely to identify a particular individual. See Mem. Op. at 8, ECF No. 58 (directing the government to "change course and limit its redactions to information likely to trigger the identification of a particular individual"). Per the Parties' mutual request, Defendant is further ORDERED to process a minimum of 3,000 pages per month starting with its September production and continuing until this matter is resolved, unless the Court directs otherwise. Defendant shall begin by reassessing its previous productions before moving on to records that have not yet been produced. Signed by Judge Carl J. Nichols on August 10, 2021. (lccjn3) (Entered: 08/10/2021) |
| 2021-08-12 | 64 | NOTICE OF SUBSTITUTION OF COUNSEL by Kristina Marie Portner on behalf of INTERNAL REVENUE SERVICE Substituting for attorney Catriona Coppler (Portner, Kristina) (Entered: 08/12/2021) |
| 2021-09-10 | 65 | Joint STATUS REPORT by DEPARTMENT OF JUSTICE, INTERNAL REVENUE SERVICE. (Moustakas, John) (Entered: 09/10/2021) |
| 2021-09-29 | 66 | NOTICE OF WITHDRAWAL OF APPEARANCE as to INSTITUTE FOR JUSTICE. Attorney Ryan S. Baasch terminated. (Baasch, Ryan) (Entered: 09/29/2021) |
| 2021-11-10 | 67 | NOTICE of Appearance by Alan Billharz on behalf of INSTITUTE FOR JUSTICE (Billharz, Alan) (Entered: 11/10/2021) |
| 2022-04-01 | 68 | NOTICE of Appearance by Nicholas L Schlossman on behalf of INSTITUTE FOR JUSTICE (Schlossman, Nicholas) (Entered: 04/01/2022) |
| 2022-04-01 | 69 | NOTICE OF WITHDRAWAL OF APPEARANCE as to INSTITUTE FOR JUSTICE. Attorney Alan Billharz terminated. (Billharz, Alan) (Entered: 04/01/2022) |
| 2023-05-02 | | MINUTE ORDER. The parties are ORDERED to file a joint status report on or before May 31, 2023, as to the progress of the case. The report should include whether this case should be terminated or if further briefing will be necessary. Signed by Judge Carl J. Nichols on May 2, 2023. (lccjn3) (Entered: 05/02/2023) |
| 2023-05-31 | 70 | Joint STATUS REPORT by INSTITUTE FOR JUSTICE. (Schlossman, Nicholas) (Entered: 05/31/2023) |
| 2023-06-07 | | MINUTE ORDER. Upon consideration of 70 Joint Status Report, it is hereby ORDERED that the parties file a Joint Status Report 45 days after the completion of production or October 31, 2023, whichever is sooner. Signed by Judge Carl J. Nichols on June 7, 2023. (lccjn3) (Entered: 06/07/2023) |
| 2023-09-28 | 71 | NOTICE OF SUBSTITUTION OF COUNSEL by Amanda Tomack on behalf of INTERNAL REVENUE SERVICE Substituting for attorney Kristina Marie Portner (Tomack, Amanda) (Entered: 09/28/2023) |
| 2023-10-31 | 72 | Joint STATUS REPORT by INSTITUTE FOR JUSTICE. (Schlossman, Nicholas) (Entered: 10/31/2023) |
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