| Date Filed | Doc # | Docket Text |
|
| 2019-12-06 | 1 | COMPLAINT against INTERNAL REVENUE SERVICE ( Filing fee $ 400 receipt number ADCDC-6625722) filed by PAULINE DALE STONEHILL. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9, # 14 Exhibit 10)(Heggestad, Robert) (Entered: 12/06/2019) |
| 2019-12-09 | | Case Assigned to Judge Randolph D. Moss. (adh, ) (Entered: 12/09/2019) |
| 2019-12-09 | 2 | SUMMONS (3) Issued Electronically as to INTERNAL REVENUE SERVICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 12/09/2019) |
| 2019-12-10 | 3 | STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 12/10/2019. (lcrdm2, ) (Entered: 12/10/2019) |
| 2020-01-06 | 4 | ENTERED IN ERROR. . . . .RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. All Parties (Heggestad, Robert) Modified on 1/7/2020 (ztd). (Entered: 01/06/2020) |
| 2020-01-07 | | NOTICE OF ERROR re 4 Summons Returned Executed as to Federal Defendant; emailed to robert@reheggestad.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Do not select All Parties for service. You must select the party that has been served and then entered the date the party was served. (ztd, ) (Entered: 01/07/2020) |
| 2020-03-18 | 5 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to INTERNAL REVENUE SERVICE, Date Served 12/27/2019. (Heggestad, Robert) Modified on 3/18/2020 (ztd). (Entered: 03/18/2020) |
| 2020-04-02 | 6 | MOTION for Order by PAULINE DALE STONEHILL (Heggestad, Robert) (Entered: 04/02/2020) |
| 2020-04-10 | | MINUTE ORDER: Upon consideration of Plaintiff's Rule 4(m) motion, Dkt. 6, it is hereby ORDERED that the motion is GRANTED. Plaintiff shall effect service in compliance with Federal Rule of Civil Procedure 4, and shall file proof of service with the Court, on or before May 8, 2020. Signed by Judge Randolph D. Moss on 04/10/2020. (lcrdm2, ) (Entered: 04/10/2020) |
| 2020-04-13 | 7 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General April 13, 2020. (Heggestad, Robert) (Entered: 04/13/2020) |
| 2020-04-28 | 8 | NOTICE of Appearance by Stephanie Ann Sasarak on behalf of INTERNAL REVENUE SERVICE (Sasarak, Stephanie) (Entered: 04/28/2020) |
| 2020-04-28 | 9 | MOTION for Extension of Time to File Answer by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(Sasarak, Stephanie) (Entered: 04/28/2020) |
| 2020-04-29 | | MINUTE ORDER: Upon consideration of Defendant's unopposed motion for extension, Dkt. 9, it is hereby ORDERED that the motion is GRANTED. Defendant shall file its answer or otherwise respond to the complaint on or before July 13, 2020. Signed by Judge Randolph D. Moss on 04/29/2020. (lcrdm2, ) (Entered: 04/29/2020) |
| 2020-07-07 | 10 | Consent MOTION for Extension of Time to File Answer re 1 Complaint, by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(Sasarak, Stephanie) (Entered: 07/07/2020) |
| 2020-07-10 | | MINUTE ORDER: Upon consideration of Defendant's unopposed motion for extension, Dkt. 10, it is hereby ORDERED that the motion is GRANTED. Defendant shall file its answer or otherwise respond to the complaint on or before August 21, 2020. Signed by Judge Randolph D. Moss on 07/10/2020. (lcrdm2, ) (Entered: 07/10/2020) |
| 2020-08-21 | 11 | MOTION to Dismiss For Failure to State A Claim by INTERNAL REVENUE SERVICE (Attachments: # 1 Memorandum in Support, # 2 Appendix, # 3 Exhibit App'x Ex. 1, # 4 Exhibit App'x. Ex. 2, # 5 Exhibit App'x. Ex. 3, # 6 Exhibit App'x. Ex. 4, # 7 Exhibit App'x. Ex. 5, # 8 Exhibit App'x. Ex. 6, # 9 Exhibit App'x. Ex. 7, # 10 Exhibit App'x. Ex. 8, # 11 Exhibit App'x Ex. 9, # 12 Exhibit App'x. Ex. 10, # 13 Exhibit App'x. Ex. 11, # 14 Exhibit App'x. Ex. 12, # 15 Text of Proposed Order)(Sasarak, Stephanie) (Entered: 08/21/2020) |
| 2020-09-03 | 12 | MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Dismiss For Failure to State A Claim by PAULINE DALE STONEHILL (Attachments: # 1 Attachment to Motion)(Heggestad, Robert) Modified event on 9/8/2020 (znmw). (Entered: 09/03/2020) |
| 2020-09-04 | | MINUTE ORDER: Upon consideration of Plaintiff's consent motion for extension of time, Dkt. 12 , it is hereby ORDERED that the motion is GRANTED. Plaintiff shall file her opposition to the motion to dismiss on or before October 16, 2020. Signed by Judge Randolph D. Moss on 9/4/2020. (lcrdm2) (Entered: 09/04/2020) |
| 2020-10-16 | 13 | Memorandum in opposition to re 11 MOTION to Dismiss For Failure to State A Claim filed by PAULINE DALE STONEHILL. (Attachments: # 1 IRS General Index, # 2 Jan.10, 1962 Memo, # 3 May 9, 2007 letter-Hubbert, # 4 Declaration of Robert E. Heggestad, # 5 Nov. 26, 2002 Letter C.Field, # 6 Second Declaration Robert E. Heggestad, # 7 Feb. 6, 2002 letter T. McIntyre, # 8 Memorandum for US Opposing Motion to Stay, # 9 12/19/03 Order U.S. v. Stonehill, # 10 Dec. 19, 2003 Hearing Transcript US v. Stonehill, # 11 12/20/05 Order Motion to Compel US v. Stonehill, # 12 First Amended Complaint Stonehill v. IRS 08/11/2006)(Heggestad, Robert) (Entered: 10/16/2020) |
| 2020-10-19 | 14 | ERRATA re 13 Memorandum in opposition to re 11 MOTION to Dismiss For Failure to State A Claim by PAULINE DALE STONEHILL (Attachments: # 1 Corrected Opposition to Motion to Dismiss)(Heggestad, Robert) Modified on 10/20/2020 to correct docket text (zjf). Modified on 10/22/2020 (znmw). (Entered: 10/19/2020) |
| 2020-10-20 | 15 | Unopposed MOTION for Extension of Time to by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(Sasarak, Stephanie) Modified event on 10/20/2020 (ztd). (Entered: 10/20/2020) |
| 2020-10-21 | | MINUTE ORDER: Upon consideration of Defendant's unopposed motion for extension of time, Dkt. 15 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file its reply brief on or before November 20, 2020. Signed by Judge Randolph D. Moss on 10/21/2020. (lcrdm2) (Entered: 10/21/2020) |
| 2020-11-20 | 16 | REPLY to opposition to motion re 11 MOTION to Dismiss For Failure to State A Claim filed by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 11/20/2020) |
| 2021-03-22 | 17 | MEMORANDUM OPINION AND ORDER: For the reasons explained in the attached opinion, it is hereby ORDERED that the IRS's motion to dismiss, Dkt. 11 , is DENIED. See document for details. Signed by Judge Randolph D. Moss on 3/22/2021. (lcrdm2) (Entered: 03/22/2021) |
| 2021-03-24 | | MINUTE ORDER: It is hereby ORDERED that, on or before April 13, 2021, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is further ORDERED that the parties shall appear telephonically for an Initial Scheduling Conference on April 20, 2021, at 11:00 a.m. The courtroom deputy clerk will provide the parties with the necessary dial-in information. Signed by Judge Randolph D. Moss on 3/24/2021. (lcrdm2) (Entered: 03/24/2021) |
| 2021-04-05 | 18 | ANSWER to Complaint by INTERNAL REVENUE SERVICE.(Sasarak, Stephanie) (Entered: 04/05/2021) |
| 2021-04-13 | 19 | Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 04/13/2021) |
| 2021-04-17 | | MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 19 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 17, 2021, proposing a production schedule for records found in the two locations that can be searched during the pandemic. Signed by Judge Randolph D. Moss on 4/17/2021. (lcrdm2) (Entered: 04/17/2021) |
| 2021-04-17 | | MINUTE ORDER: In light of the Court's Minute Order directing the parties to file a further joint status report, see Minute Order (Apr. 17, 2021), it is hereby ORDERED that the Initial Scheduling Conference set for April 20, 2021, at 11:00 a.m. is VACATED. Signed by Judge Randolph D. Moss on 4/17/2021. (lcrdm2) (Entered: 04/17/2021) |
| 2021-05-17 | 20 | Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 05/17/2021) |
| 2021-05-18 | | MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 20 , it is hereby ORDERED that the parties shall file a further joint status report on or before September 15, 2021, or on or before fourteen days after the IRS notifies Plaintiff that it has finalized its search and release of all responsive records, whichever is earlier. Signed by Judge Randolph D. Moss on 5/18/2021. (lcrdm2) (Entered: 05/18/2021) |
| 2021-07-22 | 21 | STIPULATION by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 07/22/2021) |
| 2021-09-15 | 22 | Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 09/15/2021) |
| 2021-09-16 | | MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 22 , it is hereby ORDERED that the parties shall file a further joint status report on or before November 1, 2021. It is further ORDERED that the parties shall file joint status reports every thirty days after November 1, 2021, until all nonexempt, responsive records have been released. Signed by Judge Randolph D. Moss on 09/16/2021. (lcrdm2) (Entered: 09/16/2021) |
| 2021-11-01 | 23 | Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 11/01/2021) |
| 2021-12-01 | 24 | Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 12/01/2021) |
| 2021-12-06 | | MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 24 , it is hereby ORDERED that the parties shall file a further joint status report with a proposed schedule for further proceedings, if any, on or before December 15, 2021. Signed by Judge Randolph D. Moss on 12/6/2021. (lcrdm2) (Entered: 12/06/2021) |
| 2021-12-15 | 25 | Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 12/15/2021) |
| 2021-12-17 | | MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 25 , the Court hereby ORDERS that further proceedings in this case shall be governed by the following schedule: (1) The IRS shall provide to Plaintiff a Vaughn index and/or declaration(s) providing the legal justification for any withholding of records responsive to Plaintiff's 2018 FOIA request on or before February 18, 2022; (2) The IRS shall provide to Plaintiff any declaration(s) substantiating the adequacy of its search on or before March 31, 2022; (3) The IRS shall submit a pre-motion notice requesting a pre-motion conference on or before April 8, 2022; and (3) Plaintiff shall file a response to the IRS's pre-motion notice on or before April 15, 2022. Signed by Judge Randolph D. Moss on 12/17/2021. (lcrdm2) (Entered: 12/17/2021) |
| 2022-04-07 | 26 | NOTICE of IRS Pre-Motion Conference Statement by INTERNAL REVENUE SERVICE (Sasarak, Stephanie) (Entered: 04/07/2022) |
| 2022-04-15 | 27 | MOTION for Vaughn Index by PAULINE DALE STONEHILL. (Attachments: # 1 Exhibit Example of IRS Withheld Documentt, # 2 Exhibit Example of Tax Division Withheld Document, # 3 Text of Proposed Order)(Heggestad, Robert) (Entered: 04/15/2022) |
| 2022-04-15 | 28 | PROPOSED BRIEFING SCHEDULE Pre-Motion Conference Statement by PAULINE DALE STONEHILL. (Heggestad, Robert) (Entered: 04/15/2022) |
| 2022-04-19 | | MINUTE ORDER: Upon consideration of Defendant's notice 26 and Plaintiff's proposed briefing schedule 28 , it is hereby ORDERED that the parties shall appear for a pre-motion conference, to occur via Zoom, on May 10, 2022, at 10:00 a.m. Signed by Judge Randolph D. Moss on 4/19/2022. (lcrdm2) (Entered: 04/19/2022) |
| 2022-04-29 | 29 | RESPONSE re 27 MOTION for Vaughn Index Opposition filed by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 04/29/2022) |
| 2022-05-07 | 30 | REPLY to opposition to motion re 27 MOTION for Vaughn Index filed by PAULINE DALE STONEHILL. (Heggestad, Robert) (Entered: 05/07/2022) |
| 2022-05-09 | | MINUTE ORDER: Upon consideration of Plaintiff's motion for Vaughn index, Dkt. 27 , it is hereby ORDERED that the IRS shall file with the Court copies of the "two declarations which describe the material withheld from the responsive records and the basis for withholding such material under applicable FOIA exemptions" at or before 6:00 p.m. today, May 9, 2022. Dkt. 26 at 2; see also Dkt. 27 at 2 (referring to the declarations as the "Flax" and "Newsome" declarations). Signed by Judge Randolph D. Moss on 5/9/2022. (lcrdm2) (Entered: 05/09/2022) |
| 2022-05-09 | 31 | DECLARATION of Helene Newsome (Vaughn Submission) by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 05/09/2022) |
| 2022-05-09 | 32 | DECLARATION Nikole Flax by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 05/09/2022) |
| 2022-05-10 | | Minute Entry for proceedings held before Judge Randolph D. Moss: Video(Zoom) Pre-motion Conference held on 5/10/2022. For the reasons stated on the record, the parties shall file a Joint Status Report by 5/20/2022. Plaintiff's 27 Motion for Vaughn Index is DENIED as being premtature. (Court Reporter: Jeff Hook.) (kt) (Entered: 05/10/2022) |
| 2022-05-20 | 33 | Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 05/20/2022) |
| 2022-05-23 | | MINUTE ORDER: Upon consideration of the parties joint status report, Dkt. 33 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 27, 2022. Signed by Judge Randolph D. Moss on 5/23/2022. (lcrdm2) (Entered: 05/23/2022) |
| 2022-05-27 | 34 | STATUS REPORT by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 05/27/2022) |
| 2022-05-27 | 35 | STATUS REPORT by PAULINE DALE STONEHILL. (Heggestad, Robert) (Entered: 05/27/2022) |
| 2022-06-22 | | MINUTE ORDER: Upon consideration of Defendant's status report 34 and Plaintiff's status report 35 , it is hereby ORDERED that the following schedule shall govern future proceedings in this matter: (1) Defendant shall provide Plaintiff with the date, author, and recipient of each of the 23 documents being withheld in full on or before June 24, 2022; (2) Plaintiff shall indicate to Defendant which of the withholdings from those 23 records it is challenging on or before July 1, 2022--but Plaintiff need not provide its reasons, and, if Plaintiff cannot decide whether to challenge the withholding without first seeing Defendant's motion, she can so state; (3) Defendant shall file its motion for summary judgment, along with a detailed Vaughn index, on or before July 8, 2022; (4) Plaintiff shall file her opposition and any cross-motion for summary judgment on or before August 5, 2022; (5) Defendant shall file its reply (and, if necessary, its opposition to the cross-motion) on or before August 26, 2022; and (6) Plaintiff shall file a reply to any brief in opposition to a cross-motion on or before September 16, 2022. Signed by Judge Randolph D. Moss on 6/22/2022. (lcrdm2) (Entered: 06/22/2022) |
| 2022-06-24 | 36 | NOTICE of Compliance by INTERNAL REVENUE SERVICE re Order,,,,, Set Deadlines,,,, (Sasarak, Stephanie) (Entered: 06/24/2022) |
| 2022-06-30 | 37 | NOTICE of Compliance with 6/22/2022 Minute Order by PAULINE DALE STONEHILL (Attachments: # 1 Exhibit Correspondence with Defendant's counsel re Notice of Compliance with June 22, 2022 Minute Order)(Heggestad, Robert) (Entered: 06/30/2022) |
| 2022-07-06 | 38 | STIPULATION Joint by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 07/06/2022) |
| 2022-07-07 | 39 | Joint MOTION for Briefing Schedule regarding attorneys' fees and costs under the FOIA by INTERNAL REVENUE SERVICE. (Attachments: # 1 Text of Proposed Order)(Sasarak, Stephanie) (Entered: 07/07/2022) |
| 2022-07-07 | | MINUTE ORDER: In light of the parties' stipulation 38 and the joint motion for briefing schedule 39 , it is hereby ORDERED that the motion is GRANTED in part and DENIED in part. The Court encourages the parties to make a good faith effort to resolve the last remaining dispute in this case short of filing a motion. Accordingly, it is further ORDERED that (1) the parties shall meet and confer to see if they can resolve or limit the scope of their dispute regarding attorneys' fees before Plaintiff files her motion, and (2) the following briefing schedule shall govern: (a) Plaintiff shall file any motion for attorneys' fees and cost by September 1, 2022; (b) the IRS shall file any response in opposition by September 15, 2022; and (c) Plaintiff shall file any reply by September 21, 2022. Signed by Judge Randolph D. Moss on 7/7/2022. (lcrdm2) (Entered: 07/07/2022) |
| 2022-09-01 | 40 | MOTION for Attorney Fees by PAULINE DALE STONEHILL. (Attachments: # 1 Declaration Declaration of Robert E. Heggestad, # 2 Exhibit Documents released by IRS, # 3 Exhibit Second Declaration of H. Newsome, # 4 Exhibit General Index for Contents of Stonehill Boxes, # 5 Exhibit October 4, 2001 Letter from C. Fields to R. Heggestad, # 6 Exhibit Forbes 2/23/2002 America's Jarndyce v. Jarndyce, # 7 Memorandum in Support Memorandum in Support of Motion for Attorney's Fees, # 8 Text of Proposed Order ORDER)(Heggestad, Robert) (Entered: 09/01/2022) |
| 2022-09-04 | 41 | ERRATA by PAULINE DALE STONEHILL. (Attachments: # 1 Exhibit Corrected Plaintiff's Memorandum in Support of Motion for Attorneys' Fees)(Heggestad, Robert) (Entered: 09/04/2022) |
| 2022-09-07 | 42 | Consent MOTION for Extension of Time to File Response/Reply as to 40 MOTION for Attorney Fees by INTERNAL REVENUE SERVICE. (Attachments: # 1 Text of Proposed Order)(Sasarak, Stephanie) (Entered: 09/07/2022) |
| 2022-09-09 | | MINUTE ORDER: Upon consideration of the Consent Motion to Extend the Deadline to File a Response, Dkt. 42 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the IRS's response to plaintiff's motion for attorney fees and costs shall be filed on or before September 22, 2022. Any reply by plaintiff shall be filed on or before September 29, 2022. Signed by Judge Randolph D. Moss on 09/09/2022. (lcrdm2) (Entered: 09/09/2022) |
| 2022-09-22 | 43 | Memorandum in opposition to re 40 Motion for Attorney Fees,, filed by INTERNAL REVENUE SERVICE. (Attachments: # 1 Exhibit Ex. A Tax Notes Article, # 2 Exhibit Ex. B USAO Matrix, # 3 Exhibit Ex. C. Pacer History, # 4 Exhibit Ex. D. 08.09.2022 Email, # 5 Exhibit Ex. E. 08.12.2022 Email)(Sasarak, Stephanie) (Entered: 09/22/2022) |
| 2022-09-27 | | MINUTE ORDER: The Court understands that Plaintiff's counsel has experienced a medical emergency. The deadline for plaintiff's reply as to the Motion for Attorney Fees, Dkt. 40 , is therefore STAYED until such time as Plaintiff's counsel can file a motion for extension of time. Signed by Judge Randolph D. Moss on 09/27/2022. (lcrdm2) (Entered: 09/27/2022) |
| 2022-10-11 | 44 | MOTION for Extension of Time to File Response/Reply by PAULINE DALE STONEHILL. (Attachments: # 1 Text of Proposed Order Order to Extend Deadline to File Reply Brief to Opposition to Motion for Attorneys' Fees)(Heggestad, Robert) Modified on 10/11/2022 to correct docket text (zjm). (Entered: 10/11/2022) |
| 2022-10-12 | | MINUTE ORDER: Upon consideration of the Unopposed Motion for Extension of Time in Which to File a Reply to the Defendant's Opposition to Plaintiff's Motion for Attorneys' Fees and Costs, Dkt. 44 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Plaintiff shall file a reply to Defendant's opposition on or before October 14, 2022. Signed by Judge Randolph D. Moss on 10/12/2022. (lcrdm2) (Entered: 10/12/2022) |
| 2022-10-14 | 45 | REPLY to opposition to motion re[ 40] MOTION for Attorney Fees filed by PAULINE DALE STONEHILL. (Attachments: # 1 Exhibit May 20. 1966 IRS Chief Counsel memorandum, # 2 Exhibit December 20, 2005 Decision Motion to Compel, # 3 Exhibit Interviews with Stan Lee, # 4 Exhibit FOIA Chronology, # 5 Exhibit Supplemental Declaration Robert Heggestad, # 6 Exhibit November 14, 2002 letter from C. Field to R. Heggestad, # 7 Exhibit December 12, 2018 FOIA Appeal, # 8 Exhibit April 6, 2021 email from R. Heggestad to R. Lee)(Heggestad, Robert) Modified on 10/17/2022 to add docket link (zjm). (Entered: 10/14/2022) |
| 2022-12-19 | 46 | MOTION for Leave to File to Allow Plaintiff to File Supplemental Authority in Support of Motion for Attorneys' Fees and Costs by PAULINE DALE STONEHILL. (Attachments: # 1 Text of Proposed Order ORDER)(Heggestad, Robert) Modified on 12/19/2022 to correct relief (zjm). (Entered: 12/19/2022) |
| 2022-12-20 | 47 | Memorandum in opposition to re 46 Motion for Leave to File, filed by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 12/20/2022) |
| 2022-12-21 | 48 | REPLY to opposition to motion re 46 MOTION for Leave to File filed by PAULINE DALE STONEHILL. (Heggestad, Robert) (Entered: 12/21/2022) |
| 2023-04-03 | | MINUTE ORDER: Upon consideration of Plaintiff's Motion to File Supplemental Authority in Support of Motion for Attorneys' Fees and Costs, Dkt. 46 , it is hereby ORDERED that the motion is GRANTED. Should Defendant wish to file a very short (not to exceed 1 page) brief supplement addressing the new authority cited in Plaintiff's motion, Dkt. 46 at 1-2, it may do so on or before April 10, 2023. Signed by Judge Randolph D. Moss on 4/3/2023. (lcrdm2) (Entered: 04/03/2023) |
| 2023-04-10 | 49 | RESPONSE TO ORDER OF THE COURT re Order on Motion for Leave to File,, Set/Reset Deadlines, Defendant's Response to Plaintiff's New Authority filed by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 04/10/2023) |
| 2023-07-10 | 50 | MOTION for Order to Produce Documents by PAULINE DALE STONEHILL. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Declaration of Helene Newsome, # 3 Exhibit Stonehill NARA FOIA, # 4 Exhibit NARA / IRS correspondence)(Heggestad, Robert) (Entered: 07/10/2023) |
| 2023-07-14 | 51 | ERRATA re 50 MOTION for Order by PAULINE DALE STONEHILL (Attachments: # 1 Exhibit Exhibit 3 (g))(Heggestad, Robert) Modified on 7/18/2023 to correct event/ docket link/text (zjm). (Entered: 07/14/2023) |
| 2023-07-24 | | MINUTE ORDER: In light of the Motion to Require Production of Documents, Dkt. 50 , it is hereby ORDERED that Defendant respond to the motion on or before July 31, 2023. Signed by Judge Randolph D. Moss on 7/24/2023. (lcrdm2) (Entered: 07/24/2023) |
| 2023-07-24 | 52 | Memorandum in opposition to re 50 Motion for Order, filed by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 07/24/2023) |
| 2023-07-31 | 53 | REPLY to opposition to motion re 50 MOTION for Order to Produce Documents filed by PAULINE DALE STONEHILL. (Attachments: # 1 Exhibit July 14, 2023 email from S. Etcher to R. Heggestad, # 2 Exhibit June 15, 2023 email from R. Heggestad to S. Escher, # 3 Exhibit June 27, 2023 email from R. Heggestad to S. Escher)(Heggestad, Robert) (Entered: 07/31/2023) |
| 2023-08-01 | 54 | ERRATA re 53 by PAULINE DALE STONEHILL (Attachments: # 1 Exhibit Corrected Copy of Reply in Support of Motion to Order Production of Documents)(Heggestad, Robert) Modified event title on 8/3/2023 (znmw). (Entered: 08/01/2023) |
| 2023-08-01 | | MINUTE ORDER: In light of the Notice of Errata re Plaintiff's Reply in Support of Plaintiff's Motion to Require Production of Documents, Dkt. 54 , it is hereby ORDERED that the Motion to Require Production of Documents, Dkt. 50 , is DENIED as withdrawn. Signed by Judge Randolph D. Moss on 8/1/2023. (lcrdm2) (Entered: 08/01/2023) |
| 2023-09-13 | 55 | MOTION for Hearing on Plaintiff's Motion for Attorney's Fees by PAULINE DALE STONEHILL. (Attachments: # 1 Text of Proposed Order)(Heggestad, Robert) (Entered: 09/13/2023) |
| 2023-09-15 | | MINUTE ORDER: Upon consideration of Plaintiff's Motion for Hearing on Plaintiff's Motion for Attorney's Fees, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the parties shall appear for a motions hearing on September 19, 2023, at 2:00 p.m., in Courtroom 8. Counsel should be prepared to discuss the motion for attorney's fees, and in particular, the reasonableness of the amount of the fee demand. Signed by Judge Randolph D. Moss on 9/15/23. (lcrdm2) (Entered: 09/15/2023) |
| 2023-09-19 | | Minute Entry for proceedings held before Judge Randolph D. Moss: Motion Hearing held on 9/19/2023 re 55 MOTION for Hearing on Plaintiff's Motion for Attorney's Fees filed by PAULINE DALE STONEHILL, (Motion Hearing set for 10/27/2023 at 02:30 PM in Courtroom 8- In Person before Judge Randolph D. Moss). For the reasons stated on the record, this case STAYED. (Court Reporter Sherry Lindsay) (zglw) Modified on 9/20/2023 to include stay (zglw). (Entered: 09/19/2023) |
| 2023-09-19 | | Case Stayed (zglw) (Entered: 09/27/2023) |
| 2023-10-16 | | MINUTE ORDER: In light of the motions hearing currently scheduled for Oct. 27, 2023, it is hereby ORDERED that the parties submit a joint status report by Oct. 20, 2023, informing the Court (1) whether the parties wish to continue with the hearing as scheduled and (2) whether both parties request that the Court issue a decision from the bench at that hearing. It is further ORDERED that if either party wishes to go forward with the hearing as scheduled, then Attorney Heggestad shall submit his contemporaneous time records of hours worked as he represented to the Court he would be able to produce, see Sep. 19, 2023 Hrg. Tr. (Rough at 1819). Signed by Judge Randolph D. Moss on 10/16/23. (lcrdm2) (Entered: 10/16/2023) |
| 2023-10-20 | 56 | STATUS REPORT of the IRS by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 10/20/2023) |
| 2023-10-21 | 57 | STATUS REPORT by PAULINE DALE STONEHILL. (Attachments: # 1 Attachment 1)(Heggestad, Robert) (Entered: 10/21/2023) |
| 2023-10-23 | 58 | ENTERED IN ERROR.....ERRATA re Status Report by PAULINE DALE STONEHILL re 54 Notice (Other). (Attachments: # 1 Exhibit Att. 1 (a) Plaintiff's corrected Status Report, # 2 Exhibit Att. 1(b) Corrected Exhibits)(Heggestad, Robert) Modified on 10/24/2023 (zjm). (Entered: 10/23/2023) |
| 2023-10-23 | | MINUTE ORDER: In light of the Court's Minute Order of Oct. 16, 2023, and Plaintiff Counsel's status report, Dkt. 58 , Plaintiff Counsel Heggestad is hereby ORDERED to submit his contemporaneous time records to the Court by noon on Oct. 24, 2023. Plaintiff Counsel should have submitted these records in support of his motion for attorney's fees and, then, should have submitted them with his status report. The Court will provide Plaintiff Counsel with one final opportunity to do so, but he is admonished that this is his final opportunity to do so. Signed by Judge Randolph D. Moss on 10/23/23. (lcrdm2) (Entered: 10/23/2023) |
| 2023-10-23 | 59 | STATUS REPORT Supplemental Status Report by PAULINE DALE STONEHILL. (Heggestad, Robert) (Entered: 10/23/2023) |
| 2023-10-24 | | NOTICE OF ERROR regarding 58 Errata,. The following error(s) need correction: Incorrect court case number. Please refile. (zjm) (Entered: 10/24/2023) |
| 2023-10-24 | 60 | ERRATA Corrected Case Number by PAULINE DALE STONEHILL. (Attachments: # 1 Exhibit Attachment 1 Corrected Status Report, # 2 Exhibit Attachment 1 (a) Chronology of Excel Sheet, # 3 Attachment 1(b) Exhibits)(Heggestad, Robert) (Entered: 10/24/2023) |
| 2023-10-26 | 61 | RESPONSE re 59 STATUS REPORT; 60 ERRATA by INTERNAL REVENUE SERVICE. (Attachments: # 1 Exhibit Ex. A (9.19.2023 Hearing Tr.), # 2 Exhibit Ex. B (July 6, 2023 Email), # 3 Exhibit Ex. C (May 16, 2022 Email))(Sasarak, Stephanie) Modified on 10/30/2023 to correct event/ add docket link. (zjm). (Entered: 10/26/2023) |
| 2023-10-26 | 62 | ENTERED IN ERROR.....Consent MOTION for Extension of Time to File Opposition to Defendant's Motion for Summary Judgment and Cross Motion for Summary Judgment by PAULINE DALE STONEHILL. (Attachments: # 1 Text of Proposed Order)(Heggestad, Robert); Modified on 10/26/2023 - Entered in error at the request of counsel; said pleading was filed in the wrong case (ztth). (Entered: 10/26/2023) |
| 2023-10-27 | 63 | REPLY to Defendant's Response to Plaintiff's Status Reports and Supplemental Status Report filed by PAULINE DALE STONEHILL. (Attachments: # 1 Exhibit Email from R. Heggestad to S. Sasarak)(Heggestad, Robert) (Entered: 10/27/2023) |
| 2023-10-27 | | Minute Entry for proceedings held before Judge Randolph D. Moss: Motion Hearing held on 10/27/2023 re 40 MOTION for Attorney Fees filed by PAULINE DALE STONEHILL. (Court Reporter Tammy Sefranek) (zglw) (Entered: 12/12/2023) |
| 2023-10-31 | | MINUTE ORDER: For the reasons stated on the record at the (second) motions hearing on October 27, 2023, the Court concluded that Plaintiff's counsel is eligible and entitled to attorney's fees. But the Court also concluded, again for the reasons stated on the record, that the number of hours sought was both excessive and inadequately substantiated. The Court, accordingly, found that Plaintiff was entitled to attorney's fees at the agreed-upon rate of $703 per hour for at least 25 hours of time. Finally, the Court took under advisement the question whether to award Plaintiff additional fees for the hours worked following entry of the Court's order denying Defendant's motion to dismiss, which along with the filing of the lawsuit was the catalyst for Defendant's decision to change course and to release the records that Plaintiff sought. After further reviewing the materials the parties have submitted, the docket, and the relevant case law, the Court reaches the following additional conclusions. First, counsel for Defendant has argued that the release of records was not compelled by a Court order. But, even if that contention were correct, there is little doubt that the filing of the lawsuit and Plaintiffs successful opposition to Defendant's motion to dismiss was the catalyst to the release of the records at issue. In addition to the Court's prior findings in this regard, the Court notes that the Newsome Declaration, which was offered on behalf of Defendant, clearly states that "[t]he IRS began its search for responsive records after the court's March 22, 2021 order denying the government's motion to dismiss this case." Dkt. 31 at 2 n.1. Second, upon further review of the hours Plaintiff's counsel expended researching and drafting the Complaint, the Court finds that Plaintiff should be awarded an additional 5 hours for the time her counsel spent researching the active status of the Stonehill estate as it related to Plaintiff's entitlement to receive the requested documents. Prior to the time Plaintiff filed suit, that was the reason that Defendant had declined to release the records at issue, and it was reasonable for Plaintiff's counsel to spend time researching that issue and drafting allegations designed to overcome that asserted deficiency in Plaintiff's FOIA request. In this respect, this case differs from the garden-variety FOIA case, in which the plaintiff need plead only that she filed a FOIA request and did not receive an adequate response. Although Plaintiff's time records suffer from numerous deficiencies, as Plaintiffs counsel has repeatedly acknowledged, they do reflect that counsel spent at least 5 hours addressing this unique issue. Third, upon review of the documents and the thorough declarations provided to Plaintiff in February 2022, Dkts. 31 & 32, the Court concludes that although Plaintiff continued to devote time to reviewing the production and to arguing with counsel for Defendant about the production, those efforts did not further the litigation. Significantly, after this back-and-forth, the parties jointly stipulated to the productions adequacy, Dkt. 38. Even if document review may, at times, be necessary to advance a FOIA case and to justify a fee petition, see Urban Air Initiative v. EPA, 442 F. Supp. 3d 301, 325 (D.D.C. 2020), the Court finds that this is not such a case. Rather, in this case, the review of the production did not differ in material respects from the type of review a FOIA requester might undertake when an agency promptly and fully responds to a FOIA request, which never leads to litigation. Accordingly, the Court will add no additional hours for the time counsel expended after Defendant provided what the parties later stipulated was an adequate response. For these reasons, and for the more detailed reasons provided on the record, the Court hereby ORDERS that Plaintiff shall recover fees totaling $21,090 for 30 hours of time at an hourly rate of $703. The Court further ORDERS Plaintiff shall recover costs in the amount of $300. Although Plaintiff has not provided any documentation regarding the costs she incurred, the Court takes notice of the fact that Plaintiff paid a filing fee of $400, Dkt. 1, which the Court caps at the amount requested in Plaintiff's petition. Accordingly, it is hereby ORDERED that the Motion for Attorney Fees, Dkt. 40, is GRANTED in part and DENIED in part. Signed by Judge Randolph D. Moss on 10/31/23. (lcrdm2) Modified on 11/1/2023 to add the last sentence. (zglw). (Entered: 10/31/2023) |
| 2023-11-03 | 64 | MOTION to Substitute Party by PAULINE DALE STONEHILL. (Attachments: # 1 Exhibit Staement of Death, # 2 Exhibit Death Certificate, # 3 Text of Proposed Order)(Heggestad, Robert) (Entered: 11/03/2023) |
| 2023-11-07 | 65 | Memorandum in opposition to re 64 Motion to Substitute Party filed by INTERNAL REVENUE SERVICE. (Sasarak, Stephanie) (Entered: 11/07/2023) |
| 2023-11-07 | | MINUTE ORDER: Upon consideration of Plaintiff's Motion to Substitute Party 64 , it is hereby ORDERED that the motion is DENIED without prejudice for failure to meet and confer as required by Local Rule 7(m). Signed by Judge Randolph D. Moss on 11/7/23. (lcrdm2) (Entered: 11/07/2023) |
| 2023-11-08 | 66 | ENTERED IN ERROR.....MOTION to Withdraw Motion to Substitute Parties by PAULINE DALE STONEHILL. (Attachments: # 1 Text of Proposed Order)(Heggestad, Robert) Modified on 11/8/2023; upon request of counsel (mg). (Entered: 11/08/2023) |
| 2023-12-04 | | MINUTE ORDER: In light of the parties' previous representations that the only remaining issue was that of attorneys' fees and costs, see Dkt. 38 at 1, and the Court's orders on attorneys fees and costs, see Oct. 27, 2023 Hrg. Tr.; Min. Order (Oct. 31, 2023), the Clerk of Court is directed to terminate the case. Signed by Judge Randolph D. Moss on 12/4/23. (lcrdm2) (Entered: 12/04/2023) |
| 2024-01-02 | 67 | TRANSCRIPT OF PROCEEDINGS before Judge Randolph D. Moss held on 9/19/2023; Page Numbers: 1-79. Date of Issuance:1/2/2024. Court Reporter/Transcriber Sherry Lindsay, Telephone number 202-354-3053, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 1/23/2024. Redacted Transcript Deadline set for 2/2/2024. Release of Transcript Restriction set for 4/1/2024.(stl) (Entered: 01/02/2024) |
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