Case Detail

FOIA Project Annotation: A federal court in Maryland has ruled that prisoner Michael Scott failed to exhaust his administrative remedies by not administratively challenging a Glomar response he received from EOUSA pertaining to a witness that testified for the government at his trial in the District of Columbia on drug distribution charges. Believing that the government had failed to provide Brady material pertaining to the witness, Scott submitted a FOIA request to EOUSA. The agency told Scott that it had no public records and informed him that he could file an administrative appeal with the Office of Information Policy. Instead, Scott complained to OGIS, which sent him a letter explaining the meaning of a no records response and telling him that he should either submit an appeal of the no records response or resubmit a FOIA request to EOUSA with the OGIS letter attached. Scott submitted a new request to EOUSA for records on the witness and was once again told that he could not receive records on the witness without authorization but that he could request any public records available. Scott then requested the public records and received 11 pages. Scott did not appeal any of the decisions and later filed suit. He argued that the letter from OGIS constituted an appeal. The court disagreed. Dismissing his suit for failure to exhaust his administrative remedies, the court noted that "contrary to Scott's assertion, the letter provides no evidence that he followed the required procedures for exhausting his administrative remedies before filing his lawsuit. In the absence of evidence that Scott exhausted his administrative remedies as to any Agency final decision at issue here, the claims arising from those determinations will be dismissed without prejudice for lack of jurisdiction."
Issues: Litigation - Jurisdiction - Failure to Exhaust

FOIA Project Annotation: In a separate decision, a federal court in Florida has ruled that the IRS conducted an adequate search for records in response to a request from James Scott for Office of Chief Counsel Code and Subject Matter Directory in effect in 2013, communications from Jones, Hubbard, and Bell, and files regarding PLR 201502008 and properly withheld them under Exemption 3 (other statutes), Exemption 5 (privileges) and Exemption 6 (invasion of privacy). One of the primary locations searched by the agency was the Office of Chief Counsel Library, which had access to historic versions of the OCC code and subject matter directories. The agency's searches yielded 826 pages of responsive records. The agency released 660 pages in full and 36 pages in part. The agency withheld 47 pages in part and 130 pages in full. Scott argued that the agency had not released any records he had requested that were subject to disclosure under 26 U.S.C. § 6110. Judge Kenneth Marra noted that "the fact the IRS did not release the PLR and any background file documents related to that PLR cannot demonstrate that the IRS's search was deficient. To be clear, at issue in this litigation is Scott's FOIA request, and not any previous request he has made under Section 6110. If Scott seeks to challenge the IRS's release of records under Section 6110, there is a separate mechanism for him to do so. Despite Scott's attempts to argue otherwise, it is not relevant to this suit what documents the IRS released under Section 6110, whether the IRS followed the proper procedure in releasing those records under Section 6110, and whether the IRS released all applicable records under Section 6110." Scott argued that Exemption 6 did not apply because the disclosure of much of the information that agency claimed would invade personal privacy was already in the public domain. Marra observed that "the fact that some of the information may exist in the public domain does not necessarily mean that the claimed exemption can no longer serve its purpose." He added that "rather, the burden is on the plaintiff to demonstrate that there is specific information in the public domain that duplicates the requested information." Marra found Scott had not provided any evidence to carry that burden. While the agency withheld 129 pages under Exemption 3, because he found the same records were protected under Exemption 5's deliberative process privilege, Marra decided not to analyze the Exemption 3 claims. Some of those privilege claims focused on draft documents. Marra noted that "not only would disclosure of these drafts disclose the IRS's decisions to insert or delate material to change the draft's focus or emphasis, but it would also inhibit frank discussion and stifle the decision-making process."
Issues: Adequacy - Search, Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 6 - Invasion of privacy

Date Filed	Doc #	Docket Text
2018-12-21	1	COMPLAINT against Internal Revenue Service, filed by James E. Scott. Filing fees $ 400.00. NOT PAID/NO IFP FILED. (Attachments: # 1 Civil Cover Sheet)(kpe) (Main Document 1 replaced on 12/21/2018) (kpe). (Additional attachment(s) added on 12/21/2018: # 2 Exhibit) (kpe). (Entered: 12/21/2018)
2018-12-21	2	Clerks Notice of Judge Assignment to Judge Kenneth A. Marra. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (kpe) (Entered: 12/21/2018)
2018-12-21	3	Clerks Notice of Receipt of Filing Fee received on 12/21/2018 in the amount of $ 400.00, receipt number FLS900006097 (mee) (Entered: 12/21/2018)
2018-12-21	4	Summons Issued as to Internal Revenue Service, U.S. Attorney and U.S. Attorney General (mee) (Entered: 12/21/2018)
2019-01-03	5	Order Requiring Counsel to Confer and File Joint Scheduling Report. Signed by Judge Kenneth A. Marra on 1/3/2019. See attached document for full details. (ir) (Entered: 01/03/2019)
2019-01-11	6	ACKNOWLEDGMENT OF SERVICE as to Internal Revenue Service, U.S. Attorney General and U.S. Attorney. (kpe) (Entered: 01/11/2019)
2019-01-14	7	Defendant's MOTION to Stay Action in light of Lapse in Appropriations by Internal Revenue Service. Attorney Carlos Javier Raurell added to party Internal Revenue Service(pty:dft). Responses due by 1/28/2019 (Raurell, Carlos) (Entered: 01/14/2019)
2019-01-15	8	Plaintiff's Objection to Defendant's 7 Motion to Stay Action In Light of Lapse of Appropriations, filed by James E. Scott. Replies due by 1/22/2019. (kpe) (Entered: 01/15/2019)
2019-01-17	9	ORDER granting 7 Motion to Stay. Signed by Judge Kenneth A. Marra on 1/17/2019. See attached document for full details. (ir) (Entered: 01/17/2019)
2019-02-05	10	MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, by Internal Revenue Service. Attorney Catriona M. Coppler added to party Internal Revenue Service(pty:dft). (Attachments: # 1 Text of Proposed Order)(Coppler, Catriona) (Entered: 02/05/2019)
2019-02-05	11	PAPERLESS ORDER granting in part, over Plaintiff's objection 10 Motion for Extension of Time to File Response/Answer to a Complaint. Internal Revenue Service Answer due 2/22/2019. Re: 1 Complaint, filed by James E. Scott. Signed by Judge Kenneth A. Marra on 2/5/2019. (ir) (Entered: 02/05/2019)
2019-02-22	12	ANSWER and Affirmative Defenses to Complaint by Internal Revenue Service. (Coppler, Catriona) (Entered: 02/22/2019)
2019-02-25	13	MOTION to Compel Preparation of a Vaughn Index by James E. Scott. Responses due by 3/11/2019 (mc) (Entered: 02/26/2019)
2019-02-28	14	ORDER REFERRING CASE to Magistrate Judge William Matthewman for Discovery Matters. Motions referred to Judge William Matthewman. Signed by Judge Kenneth A. Marra on 2/27/2019. See attached document for full details. (ir) (Entered: 02/28/2019)
2019-03-01		Case Reopened (ir) (Entered: 03/01/2019)
2019-03-08	15	Joint SCHEDULING REPORT - Rule 26(f) by Internal Revenue Service (Attachments: # 1 Text of Proposed Scheduling Order, # 2 Certification of Service)(Coppler, Catriona) (Entered: 03/08/2019)
2019-03-08	16	RESPONSE in Opposition re 13 MOTION to Compel Preparation of a Vaughn Index filed by Internal Revenue Service. Replies due by 3/15/2019. (Coppler, Catriona) (Entered: 03/08/2019)
2019-03-18	17	REPLY to Defendant's Response In Opposition to Plaintiff's 13 MOTION to Compel Preparation of a Vaughn Index filed by James E. Scott. (kpe) (Entered: 03/18/2019)
2019-03-19	18	SCHEDULING ORDER: Calendar Call set for 11/8/2019 10:00 AM in West Palm Beach Division before Judge Kenneth A. Marra. Bench Trial set for 11/12/2019 09:00 AM in West Palm Beach Division before Judge Kenneth A. Marra. Signed by Judge Kenneth A. Marra on 3/18/2019. See attached document for full details. (ir) (Entered: 03/19/2019)
2019-03-19	19	ORDER denying 13 Plaintiff's Motion to Compel Preparation of a Vaughn Index. Signed by Magistrate Judge William Matthewman on 3/19/2019. See attached document for full details. (kza) (Entered: 03/19/2019)
2019-04-08	20	MOTION for Summary Judgment by Internal Revenue Service. Responses due by 4/22/2019 (Attachments: # 1 Statement of Undisputed Material Facts, # 2 Memorandum in Support, # 3 Declaration of Aaron B. Edelman, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Text of Proposed Order)(Coppler, Catriona) (Entered: 04/08/2019)
2019-04-09	21	NOTICE OF SUMMARY JUDGMENT re 20 MOTION for Summary Judgment filed by Internal Revenue Service. Responses due by 4/26/2019. Signed by Judge Kenneth A. Marra on 4/9/2019. See attached document for full details. (ir) (Entered: 04/09/2019)
2019-04-10	22	Plaintiff's MOTION to Compel Production of a Limited Vaughn Index ( Responses due by 4/24/2019); Motion for an Enlargement of Time to File A Response to Defendant's 20 Motion for Summary Judgment, by James E. Scott. (kpe) (Entered: 04/11/2019)
2019-04-12	23	Plaintiff's Notice of Corrected Filing of Motion to Compel Production of a Limited Vaughn Index ( Responses due by 4/26/2019); Plaintiff's Motion for an Enlargement of Time to File a Response to Defendant's Motion for Summary Judgment, by James E. Scott. (Attachments: # 1 Proposed Order)(kpe) (Entered: 04/12/2019)
2019-04-24	24	RESPONSE in Opposition re 23 MOTION to Compel MOTION for Extension of Time to File Response/Reply/Answer as to 20 MOTION for Summary Judgment , 22 MOTION to Compel MOTION for Extension of Time to File Response/Reply/Answer as to 20 MOTION for Summary Judgment filed by Internal Revenue Service. Replies due by 5/1/2019. (Coppler, Catriona) (Entered: 04/24/2019)
2019-04-25	25	Cross- MOTION for Summary Judgment by James E. Scott. Responses due by 5/9/2019 (Attachments: # 1 Proposed Order)(kpe) (Entered: 04/26/2019)
2019-04-25	26	Opposition to Defendant's 20 MOTION for Summary Judgment, filed by James E. Scott. Replies due by 5/2/2019. See DE 25 for image. (kpe) (Entered: 04/26/2019)
2019-04-25	27	MEMORANDUM in Support Plaintiff's 25 Cross-MOTION for Summary Judgment and 26 Opposition to Defendant's Motion for Summary Judgment, by James E. Scott. (kpe) (Entered: 04/26/2019)
2019-04-25	28	RESPONSE to Defendant's Statement of Undisputed Material Facts, by James E. Scott. (kpe) (Entered: 04/26/2019)
2019-04-25	29	Declaration of James E. Scott by James E. Scott (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(kpe) (Entered: 04/26/2019)
2019-05-03	30	Unopposed MOTION Requesting Exemption from Mediation Requirement re 18 Scheduling Order, by Internal Revenue Service. (Attachments: # 1 Text of Proposed Order)(Coppler, Catriona) (Entered: 05/03/2019)
2019-05-09	31	ORDER granting 30 Motion Requesting Exemption from Mediation Requirement. Signed by Judge Kenneth A. Marra on 5/9/2019. See attached document for full details. (ir) (Entered: 05/09/2019)
2019-05-10	32	ORDER granting in part and denying in part 23 Plaintiff's Corrected Motion to Compel Production of a Limited Vaughn Index; denying as moot 23 Motion for Extension of Time to File Response/Reply/Answer. Defendant shall produce a limited Vaughn Index to Plaintiff on or before May 24, 2019. Signed by Magistrate Judge William Matthewman on 5/10/2019. See attached document for full details. (kza) (Entered: 05/10/2019)
2019-05-15	33	MOTION for clarification 32 Order on Motion to Compel,, Order on Motion for Extension of Time to File Response/Reply/Answer, by Internal Revenue Service. Responses due by 5/29/2019 (Attachments: # 1 Text of Proposed Order)(Coppler, Catriona) (Entered: 05/15/2019)
2019-05-16	34	RESPONSE in Opposition to Defendant's 33 MOTION for Clarification, filed by James E. Scott. Replies due by 5/23/2019. (kpe) (Entered: 05/16/2019)
2019-05-16	35	ORDER granting in part and denying in part 33 Defendant's Motion for Clarification. Signed by Magistrate Judge William Matthewman on 5/16/2019. See attached document for full details. (kza) (Entered: 05/16/2019)
2019-05-21	36	Unopposed MOTION for Extension of Time to file Reply in Support of the Motion for Summary Judgment and Response in Opposition to the Cross-Motion for Summary Judgment by Internal Revenue Service. Responses due by 6/4/2019 (Attachments: # 1 Text of Proposed Order)(Coppler, Catriona) (Entered: 05/21/2019)
2019-05-22	37	ORDER granting 36 Motion for Extension of Time to file Response/Reply 20 MOTION for Summary Judgment filed by Internal Revenue Service, 25 MOTION for Summary Judgment filed by James E. Scott. Responses due by 6/7/2019. Replies due by 6/7/2019. Signed by Judge Kenneth A. Marra on 5/22/2019. See attached document for full details. (ir) (Entered: 05/22/2019)
2019-05-31	38	MOTION for Leave to File a Supplemental Memorandum in Support of Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment and an Amended Response by James E. Scott. (ls) (Entered: 05/31/2019)
2019-05-31	39	Amended and Restated MEMORANDUM in Support re 25 CROSS-MOTION for Summary Judgment, and Opposition to 20 MOTION for Summary Judgment by James E. Scott. (ls) Modified on 6/24/2019 document restricted due to missing pages see de# 45 for image(dj). (Entered: 05/31/2019)
2019-05-31	40	Amended RESPONSE to Statement of Undisputed Material Facts re 20 MOTION for Summary Judgment by James E. Scott. (ls) (Entered: 05/31/2019)
2019-06-07	41	REPLY to Response to Motion re 25 MOTION for Summary Judgment, 20 MOTION for Summary Judgment and Response in Opposition to Plaintiff's Cross-Motion for Summary Judgment, as amended on May 31, 2019 filed by Internal Revenue Service. (Attachments: # 1 Response to Plaintiff's Statement of Undisputed Material Facts, # 2 Vaughn Index)(Coppler, Catriona) (Entered: 06/07/2019)
2019-06-11	42	MOTION for Extension of Time to File It's Reply In Support of Plaintiff's 25 Cross MOTION for Summary Judgment and Opposition to Defendant's 20 MOTION for Summary Judgment, by James E. Scott. (Attachments: # 1 Proposed Order)(kpe) (Entered: 06/11/2019)
2019-06-12	43	PAPERLESS ORDER granting 42 Motion for Extension of Time to File Response/Reply to Re: 25 MOTION for Summary Judgment filed by James E. Scott. Replies due by 6/24/2019. Signed by Judge Kenneth A. Marra on 6/12/2019. (ir) (Entered: 06/12/2019)
2019-06-24	44	Reply Memorandum in Support of 25 Cross-Motion for Summary Judgment and Opposition to 20 Motion for Summary Judgment. by James E. Scott. (jao) Modified document link on 6/24/2019 (jao). (Entered: 06/24/2019)
2019-06-24	45	Clerks Notice of Docket Correction document missing pages. The correct document has been attached to this notice.re 39 Amended and Restated MEMORANDUM in Support re 25 CROSS-MOTION for Summary Judgment, and Opposition to 20 MOTION for Summary Judgment. Correction Other. (dj) (Entered: 06/24/2019)
2019-08-19	46	ORDER granting 38 Motion for Leave to File a Supplemental Memorandum in Support of Cross-Motion for Summary Judgment. Signed by Judge Kenneth A. Marra on 8/19/2019. See attached document for full details. (ir) (Entered: 08/19/2019)
2019-09-13	47	ORDER REQUIRING FILING UNDER SEAL. Signed by Judge Kenneth A. Marra on 9/13/2019. See attached document for full details. (lh1) (Entered: 09/13/2019)
2019-09-23		SYSTEM ENTRY - Docket Entry 48 [misc] restricted/sealed until further notice. (1749925) (Entered: 09/23/2019)
2019-09-26	49	SECOND ORDER REQUIRING FILING UNDER SEAL. Signed by Judge Kenneth A. Marra on 9/25/2019. See attached document for full details. (ir) (Entered: 09/26/2019)
2019-09-26		SYSTEM ENTRY - Docket Entry 50 [misc] restricted/sealed until further notice. (1749925) (Entered: 09/26/2019)
2019-10-03	51	Order Requiring Supplemental Affidavit and Removing Case from Trial Calendar. Signed by Judge Kenneth A. Marra on 10/3/2019. See attached document for full details. (ir) (Entered: 10/03/2019)
2019-10-17	52	NOTICE by Internal Revenue Service re 51 Order Setting/Cancelling Hearing of Filing the Declaration of Deanna Poole (Attachments: # 1 Declaration of Deanna Poole) (Coppler, Catriona) (Entered: 10/17/2019)
2019-10-28	53	MOTION for Leave to File a Supplemental Reply Memorandum In Support of Plaintiff's Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment by James E. Scott. (Attachments: # 1 Memorandum In Support of Motion for Leave, # 2 Proposed Order)(kpe) (Entered: 10/28/2019)
2019-11-04	54	RESPONSE in Opposition re 53 MOTION for Leave to File filed by Internal Revenue Service. Replies due by 11/12/2019. (Coppler, Catriona) (Entered: 11/04/2019)
2020-05-01	55	ORDER granting 53 Motion for Leave to File Sur-reply. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge . Signed by Judge Kenneth A. Marra on 5/1/2020. See attached document for full details. (ir) (Entered: 05/01/2020)
2020-05-18	56	Sur-REPLY Memorandum in Support of Plaintiff's 25 Cross-Motion for Summary Judgment and Opposition to Defendant's 20 Motion for Summary Judgment filed by James E. Scott. Replies due by 5/26/2020. (kpe) (Entered: 05/18/2020)
2020-07-06	57	MOTION for Leave to File Amended Vaughn Index by Internal Revenue Service. (Attachments: # 1 Exhibit 1- Amended Vaughn Index, # 2 Exhibit 2- Redlined Amended Vaughn Index, # 3 Text of Proposed Order)(Coppler, Catriona) (Entered: 07/06/2020)
2020-07-07	58	ORDER granting 57 Motion for Leave to File Amended Vaughn Index. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge . Signed by Judge Kenneth A. Marra on 7/7/2020. See attached document for full details. (ir) (Entered: 07/07/2020)
2020-07-23	59	NOTICE by Internal Revenue Service re 58 Order on Motion for Leave to File, of the filing of the Amended Vaughn Index (Attachments: # 1 Amended Vaughn Index) (Coppler, Catriona) (Entered: 07/23/2020)
2021-01-26	60	OPINION AND ORDER granting in part and denying in part 20 Motion for Summary Judgment; granting in part and denying in part 25 Motion for Summary Judgment. Signed by Judge Kenneth A. Marra on 1/26/2021. See attached document for full details. (ir) (Entered: 01/26/2021)
2021-01-26	61	FINAL JUDGMENT. All pending motions not otherwise ruled upon are denied as moot and this case is CLOSED. Signed by Judge Kenneth A. Marra on 1/26/2021. See attached document for full details. (ir) (Entered: 01/26/2021)
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