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Case TitleMcNulty v. Internal Revenue Service
DistrictNorthern District of Illinois
CityChicago
Case Number1:2019cv07496
Date Filed2019-11-13
Date Closed2020-11-09
JudgeHonorable John Z. Lee
PlaintiffMichael McNulty
Case DescriptionMichael McNulty, who had power of attorney for his father, William McNulty, submitted a FOIA request to the IRS for records concerning notes of correspondence between the agency, himself, his father, and Curtiss Ross, attorney for his father's ex-wife, pertaining to settlement of back taxes. The agency acknowledged receipt of the request. The agency withheld records under Exemption 3 (other statutes) and Exemption 5 (privileges), based on attorney-client privilege. McNulty then filed suit.
Complaint issues: Litigation - Attorney's fees

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

2019-11-131COMPLAINT filed by Michael McNulty; Jury Demand. (kp, ) (Entered: 11/14/2019)
2019-11-132CIVIL Cover Sheet. (kp, ) (Entered: 11/14/2019)
2019-11-133PRO SE Appearance by Plaintiff Michael McNulty. (kp, ) (Entered: 11/14/2019)
2019-11-135SUMMONS Issued as to Internal Revenue Service, U.S. Attorney, and U.S. Attorney General. (kp, ) (Entered: 11/14/2019)
2019-11-146NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (kp, ) (Entered: 11/14/2019)
2019-11-197SUMMONS Returned Executed by Michael McNulty as to Internal Revenue Service served on 11/19/2019, answer due 1/21/2020. (Attachments: # 1 Return of Service)(kp, ) (Entered: 11/19/2019)
2019-11-208MINUTE entry before the Honorable John Z. Lee: Initial status hearing set for 1/24/20 at 2:00 p.m. Judge Lee participates in the Mandatory Initial Discovery Pilot Project ("Project"). The Project applies to all cases filed on or after June 1, 2017, excluding the following: (1) cases exempted by Rule 26(a)(1)(B), (2) actions brought by a person in the custody of the United States, a state, or a state subdivision, regardless of whether an attorney is recruited, (3) actions under the Private Securities Litigation Reform Act, (4) patent cases governed by the Local Patent Rules, and (5) cases transferred for consolidated administration in the District by the Judicial Panel on Multidistrict Litigation ("Exempt Cases").For all cases to which the Project applies, Judge Lee requires (1) each attorney appearing on behalf of Plaintiff(s) to file a "Certification by Attorney Regarding Discovery Obligations Under Mandatory Initial Discovery Pilot Project" form within 28 days after the filing of the Complaint and (2) each attorney appearing on behalf of Defendant(s) to file the certification form with the Answer. The parties are directed to file a joint initial status report four business days prior to the initial status hearing. The certification form and initial status report requirements are set forth in Judge Lee's standing order regarding the "Mandatory Initial Discovery Pilot Project" available on the Courts website. For all Exempt Cases, the parties are directed to file a joint initial status report four business days prior to the initial status hearing in accordance with the standing order governing "Initial Status Report in Cases Exempt from the Mandatory Initial Discovery Pilot Project" also available on the Court's website. Mailed notice (ca, ) (Entered: 11/20/2019)
2019-12-109DESIGNATION of Kathryn Ann Kelly as U.S. Attorney for Defendant Internal Revenue Service (Kelly, Kathryn) (Entered: 12/10/2019)
2019-12-2010MINUTE entry before the Honorable John Z. Lee:The status hearing set for 1/24/20 is reset to 2/4/20 at 9:00 a.m.Mailed notice (ca, ) (Entered: 12/20/2019)
2019-12-2311FIRST AMENDED complaint by Michael McNulty against Michael McNulty foe injunctive relief (Exhibits). (kp, ) (Entered: 12/26/2019)
2020-01-0312MOTION by Defendant Internal Revenue Service for extension of time to file an answer or other responsive pleading (unopposed) (Attachments: # 1 Notice of Filing Motion, # 2 Text of Proposed Order)(Miller, Emily) (Entered: 01/03/2020)
2020-01-0313DESIGNATION of Emily Katherine Miller as U.S. Attorney for Defendant Internal Revenue Service (Miller, Emily) (Entered: 01/03/2020)
2020-01-0614NOTICE of Motion by Emily Katherine Miller for presentment of extension of time 12 before Honorable John Z. Lee on 1/14/2020 at 09:00 AM. (Miller, Emily) (Entered: 01/06/2020)
2020-01-0615NOTICE of Motion by Emily Katherine Miller for presentment of extension of time 12 before Honorable John Z. Lee on 1/15/2020 at 09:00 AM. (Miller, Emily) (Entered: 01/06/2020)
2020-01-0716MINUTE entry before the Honorable John Z. Lee:Motion for extension of time until February 21, 2020 to answer 12 is granted. The status hearing set for 2/4/20 is reset to 2/25/20 at 9:00 a.m. No appearance is required on the motion.Mailed notice (ca, ) (Entered: 01/07/2020)
2020-02-2117MOTION by Defendant Internal Revenue Service to dismiss or in the alternative , MOTION by Defendant Internal Revenue Service for summary judgment (Attachments: # 1 Memorandum in Support, # 2 Statement of Undisputed Material Facts, # 3 Declaration of Robert Bley, # 4 Text of Proposed Order)(Miller, Emily) (Entered: 02/21/2020)
2020-02-2118NOTICE of Motion by Emily Katherine Miller for presentment of motion to dismiss,, motion for summary judgment, 17 before Honorable John Z. Lee on 2/25/2020 at 09:00 AM. (Miller, Emily) (Entered: 02/21/2020)
2020-02-2419MINUTE entry before the Honorable John Z. Lee:Plaintiff's response to Defendant's motion to dismiss, or alternatively, motion for summary judgment 17 is due by 3/20/23; reply due by 4/10/20.Mailed notice (ca, ) (Entered: 02/24/2020)
2020-02-2420MINUTE entry before the Honorable John Z. Lee:In light of the pending motion for summary judgment, the status hearing set for 2/25/20 is stricken.Mailed notice (ca, ) (Entered: 02/24/2020)
2020-03-1621ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (ecw, ) (Entered: 03/17/2020)
2020-03-3022ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket12, ) (Entered: 03/31/2020)
2020-04-2423ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket7, ) (Entered: 04/27/2020)
2020-05-2024UNOPPOSED MOTION by Plaintiff Michael McNulty to continue (Exhibits). (kp, ) (Entered: 05/20/2020)
2020-05-2125MINUTE entry before the Honorable John Z. Lee:Plaintiff's motion for extension of time 24 to file a response to Defendant's motion 17 is granted. Plaintiff is given until 6/15/20 to respond. Mailed notice (ca, ) (Entered: 05/21/2020)
2020-05-2626ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket8, ) (Entered: 05/26/2020)
2020-06-1628RESPONSE by Plaintiff Michael McNulty to defendant's statement of undisputed material facts and motion to dismiss, or in the alternative summary judgment. (Exhibits) (rp, ) (Entered: 06/17/2020)
2020-06-1629STATEMENT by Michael McNulty in response to defendant's statement of undisputed material facts. (rp, ) (Entered: 06/17/2020)
2020-06-1727MINUTE entry before the Honorable John Z. Lee:On May 21, 2020, the Court granted Plaintiff's motion to continue 24 , giving him until June 15 to respond to the Defendant's dispositive motion 17 . Plaintiff has still not filed a response to the dispositive motion. If he does not file a response by June 22, 2020, he will forfeit his right to respond to the motion. Mailed notice (ca, ) (Entered: 06/17/2020)
2020-06-2230REPLY by Internal Revenue Service to MOTION by Defendant Internal Revenue Service to dismiss or in the alternative MOTION by Defendant Internal Revenue Service for summary judgment 17 , Response 28 (Miller, Emily) (Entered: 06/22/2020)
2020-06-2331MOTION by Plaintiff Michael McNulty to seal ECF file's 11 and 28 (tg, ) (Entered: 06/25/2020)
2020-06-2432SUR-REPLY by Plaintiff Michael McNulty to DEFENDANTS REPLY 30 IN SUPPORT OF DEFENDANTS MOTION TO DISMISS OR ALTERNATIVELY MOTION FOR SUMMARY JUDGMENT (tg, ) (Entered: 06/25/2020)
2020-06-2433AMENDED SUR-REPLY by Plaintiff Michael McNulty to defendant's reply 30 in support of defendant's motion to dismiss or alternatively motion for summary judgment (tg, ) (Entered: 06/25/2020)
2020-07-1034ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk6, Docket) (Entered: 07/10/2020)
2020-11-0935ORDER : Michael McNulty has filed claims against the Internal Revenue Service ("IRS") under the Freedom of Information Act ("FOIA") and the Privacy Act, 5 U.S.C. §§ 552, 552(a), concerning his 2019 request for information relating to his father. The IRS moves for summary judgment 17 , arguing that McNulty has failed to administratively exhaust those claims. For the following reasons, the motion is granted. Signed by the Honorable John Z. Lee on 11/9/20. [For further details see order].Mailed notice(ca, ) (Entered: 11/09/2020)
2020-11-0936ENTERED JUDGMENT Signed by the Courtroom Deputy on 11/9/20.Mailed notice(ca, ) (Entered: 11/09/2020)
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