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Case TitleGalliani et al v. Internal Revenue Service
DistrictNorthern District of California
CityOakland
Case Number4:2020cv04863
Date Filed2020-07-20
Date Closed2023-03-22
JudgeMagistrate Judge Kandis A. Westmore
PlaintiffRaymond Galliani
PlaintiffSharon Galliani
Case DescriptionRaymond and Sharon Galliani submitted a FOIA request through their attorneys to the IRS for records concerning their tax records. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Gallianis filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

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

2020-07-201COMPLAINT for Declaratory and Injunctive Relief against Internal Revenue Service ( Filing fee $ 400, receipt number 0971-14713060.). Filed byRaymond Galliani, Sharon Galliani. (Attachments: # 1 Civil Cover Sheet)(Koodrich, Benjamin) (Filed on 7/20/2020) (Entered: 07/20/2020)
2020-07-202Proposed Summons. (Koodrich, Benjamin) (Filed on 7/20/2020) (Entered: 07/20/2020)
2020-07-203Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/3/2020. (bwS, COURT STAFF) (Filed on 7/20/2020) (Entered: 07/20/2020)
2020-07-214Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/13/2020. Initial Case Management Conference set for 10/20/2020 01:30 PM. (ajsS, COURT STAFF) (Filed on 7/21/2020) (Entered: 07/21/2020)
2020-07-215Summons Issued as to Internal Revenue Service. (ajsS, COURT STAFF) (Filed on 7/21/2020) (Entered: 07/21/2020)
2020-07-216Certificate of Interested Entities by Raymond Galliani, Sharon Galliani (Koodrich, Benjamin) (Filed on 7/21/2020) (Entered: 07/21/2020)
2020-07-217AFFIDAVIT of Service for Summons, Complaint, and Other New Case Documents by Certified Mail served on Internal Revenue Service and Attorney General of the United States on July 21, 2020, filed by Raymond Galliani, Sharon Galliani. (Koodrich, Benjamin) (Filed on 7/21/2020) (Entered: 07/21/2020)
2020-07-238AFFIDAVIT of Service for Summons, Complaint, and Other New Case Documents by Personal Service served on Wendy Garbers on July 21, 2020, filed by Raymond Galliani, Sharon Galliani. (Koodrich, Benjamin) (Filed on 7/23/2020) (Entered: 07/23/2020)
2020-08-039CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Raymond Galliani, Sharon Galliani.. (Koodrich, Benjamin) (Filed on 8/3/2020) (Entered: 08/03/2020)
2020-08-1710MOTION for Extension of Time to File Answer filed by Internal Revenue Service. (Attachments: # 1 Declaration of Ari D. Kunofsky, # 2 Certificate/Proof of Service, # 3 Proposed Order)(Kunofsky, Ari) (Filed on 8/17/2020) (Entered: 08/17/2020)
2020-08-1811CLERK'S NOTICE TO DEFENDANT Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 9/1/2020. (dtmS, COURT STAFF) (Filed on 8/18/2020) (Entered: 08/18/2020)
2020-08-2112OPPOSITION/RESPONSE (re 10 MOTION for Extension of Time to File Answer ) filed byRaymond Galliani, Sharon Galliani. (Attachments: # 1 Declaration of Benjamin C. Koodrich)(Koodrich, Benjamin) (Filed on 8/21/2020) (Entered: 08/21/2020)
2020-08-3113CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Internal Revenue Service.. (Attachments: # 1 Certificate/Proof of Service)(Kunofsky, Ari) (Filed on 8/31/2020) (Entered: 08/31/2020)
2020-09-0414Order by Magistrate Judge Kandis A. Westmore granting 10 Motion for Extension of Time to Answer.(dtmS, COURT STAFF) (Filed on 9/4/2020) (Entered: 09/08/2020)
2020-09-1715MOTION to Dismiss or, in the alternative, for Summary Judgment filed by Internal Revenue Service. Motion Hearing set for 10/22/2020 01:30 PM before Magistrate Judge Kandis A. Westmore. Responses due by 10/1/2020. Replies due by 10/8/2020. (Attachments: # 1 Declaration of Karen Coen, # 2 Proposed Order)(Kunofsky, Ari) (Filed on 9/17/2020) (Entered: 09/17/2020)
2020-09-1816Renotice motion hearing re 15 MOTION to Dismiss or, in the alternative, for Summary Judgment filed byInternal Revenue Service. (Related document(s) 15 ) (Kunofsky, Ari) (Filed on 9/18/2020) (Entered: 09/18/2020)
2020-09-18Set/Reset Deadlines as to 15 MOTION to Dismiss or, in the alternative, for Summary Judgment . Motion Hearing set for 11/5/2020 01:30 PM before Magistrate Judge Kandis A. Westmore. (dtmS, COURT STAFF) (Filed on 9/18/2020) (Entered: 09/18/2020)
2020-09-2517STIPULATION WITH PROPOSED ORDER re 15 MOTION to Dismiss or, in the alternative, for Summary Judgment , 16 Renotice motion hearing Permitting Plaintiffs to File Supplemental Complaint filed by Raymond Galliani, Sharon Galliani and Internal Revenue Service. (Attachments: # 1 Exhibit A, Proposed Supplemental Complaint)(Koodrich, Benjamin) (Filed on 9/25/2020) Modified on 9/28/2020 (bnsS, COURT STAFF). (Entered: 09/25/2020)
2020-09-2818ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Raymond Galliani (Koodrich, Benjamin) (Filed on 9/28/2020) (Entered: 09/28/2020)
2020-09-2819ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Sharon Galliani (Koodrich, Benjamin) (Filed on 9/28/2020) (Entered: 09/28/2020)
2020-09-2920ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Kunofsky, Ari) (Filed on 9/29/2020) (Entered: 09/29/2020)
2020-10-0121Order by Magistrate Judge Kandis A. Westmore granting as modified 17 Stipulation Permitting Filing of Amended Complaint. Amended Pleadings due by 10/8/2020.(dtmS, COURT STAFF) (Filed on 10/1/2020) (Entered: 10/01/2020)
2020-10-0222Supplemental Complaint for Declaratory and Injunctive Relief against Internal Revenue Service. Filed by Raymond Galliani, Sharon Galliani. (Koodrich, Benjamin) (Filed on 10/2/2020) Modified on 10/5/2020 (bnsS, COURT STAFF). (Entered: 10/02/2020)
2020-10-05Electronic filing error . Document should be titled "amended complaint". Please correct and re-file in its entirety. Re: 22 Supplemental complaint filed by Sharon Gall iani, Raymond Galliani (dtmS, COURT STAFF) (Filed on 10/5/2020) (Entered: 10/05/2020)
2020-10-0523AMENDED COMPLAINT CORRECTION OF DOCKET # 22 against Internal Revenue Service. Filed byRaymond Galliani, Sharon Galliani. (Koodrich, Benjamin) (Filed on 10/5/2020) (Entered: 10/05/2020)
2020-10-0824ANSWER to Amended Complaint byInternal Revenue Service. (Kunofsky, Ari) (Filed on 10/8/2020) (Entered: 10/08/2020)
2020-10-08Electronic filing error . REMINDER TO COUNSEL: In the future, please be sure that the case number is correctly reflected on your documents as 4 :20-cv-04863-KAW Re:[ 24] Answer to Amended Complaint filed by Internal Revenue Service (jmlS, COURT STAFF) (Filed on 10/8/2020) (Entered: 10/08/2020)
2020-10-0925JOINT CASE MANAGEMENT STATEMENT filed by Raymond Galliani, Sharon Galliani, and Internal Revenue Service. (Koodrich, Benjamin) (Filed on 10/9/2020) Modified on 10/13/2020 (bnsS, COURT STAFF). (Entered: 10/09/2020)
2020-10-1426CLERKS NOTICE SETTING ZOOM HEARING. Initial Case Management Conference set for 10/20/2020 01:30 PM by videoconference. This proceeding will be held via a Zoom webinar. Audio-only participation is not permitted. Please use first and last name for Zoom so you can be recognized. Webinar Access: All counsel, parties, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/kaw General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (This is a text-only entry generated by the court. There i s no document associated with this entry.) (dtmS, COURT STAFF) (Filed on 10/14/2020) (Entered: 10/14/2020)
2020-10-2027Minute Entry for proceedings held before Magistrate Judge Kandis A. Westmore: Initial Case Management Conference held on 10/20/2020. Case Management Statement due by 1/19/2021. Further Case Management Conference set for 1/26/2021 01:30 PM. Court Reporter: Raynee Mercado. (dtmS, COURT STAFF) (Date Filed: 10/20/2020) (Entered: 10/20/2020)
2021-01-1928JOINT CASE MANAGEMENT STATEMENT filed by Raymond Galliani, Sharon Galliani, and Internal Revenue Service. (Koodrich, Benjamin) (Filed on 1/19/2021) Modified on 1/20/2021 (bnsS, COURT STAFF). (Entered: 01/19/2021)
2021-01-2229CLERKS NOTICE SETTING ZOOM HEARING. Further Case Management Conference set for 1/26/2021 01:30 PM before Judge Kandis A. Westmore. This proceeding will be held via a Zoom webinar. Audio-only participation is not permitted. Webinar Access: All counsel, parties, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/kaw Court Appearances: Advanced notice i s required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names must be sent to the courtroom deputy at kawcrd@cand.uscourts.gov no later than January 25, 2021 at 1:00pm PST. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (This is a text-only entry g enerated by the court. There is no document associated with this entry.) (dtmS, COURT STAFF) (Filed on 1/22/2021) (Entered: 01/22/2021)
2021-01-2630Minute Entry for proceedings held before Magistrate Judge Kandis A. Westmore: Further Case Management Conference held on 1/26/2021. Case Management Statement due by 7/13/2021. Further Case Management Conference set for 7/20/2021 01:30 PM. Court Reporter: Diane Skillman. (dtmS, COURT STAFF) (Date Filed: 1/26/2021) (Entered: 01/26/2021)
2021-07-0831CLERK'S NOTICE CONTINUING FURTHER CASE MANAGEMENT CONFERENCE. Notice is hereby given that the further case management conference previously set for 7/20/2021 at 1:30 p.m. is continued to 7/27/2021 at 1:30 p.m. An updated joint case management conference statement is due by 7/20/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) Updated Joint Case Management Statement due by 7/20/2021. Further Case Management Conference set for 7/27/2021 01:30 PM in Oakland, - To be determined. (amgS, COURT STAFF) (Filed on 7/8/2021) (Entered: 07/08/2021)
2021-07-2032FURTHER JOINT CASE MANAGEMENT STATEMENT filed by Internal Revenue Service. (Kunofsky, Ari) (Filed on 7/20/2021) (Entered: 07/20/2021)
2021-07-26CLERKS NOTICE SETTING ZOOM HEARING. Notice is hereby given that the further case management conference scheduled for 7/27/2021 at 1:30 p.m. will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/kaw General Order 58. Persons granted access to court proceedings held by telephone or videoconferen ce are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (This is a text-only entry generated by the court. There is no document associated with this entry.) (amgS, COURT STAFF) (Filed on 7/26/2021) (Entered: 07/26/2021)
2021-07-2733Minute Entry for proceedings held before Magistrate Judge Kandis A. Westmore: Further Case Management Conference held on 7/27/2021.Joint Case Management Statement due by 11/30/2021. Further Case Management Conference set for 12/7/2021 01:30 PM in Oakland, - To be determined.Recorded via Zoom: 2:10 2:19. Plaintiff Attorney: Benjamin Koodrich. Defendant Attorney: Ari Kunofsky. (amgS, COURT STAFF) (Date Filed: 7/27/2021) (Entered: 07/27/2021)
2021-11-3034JOINT CASE MANAGEMENT STATEMENT filed by Raymond Galliani, Sharon Galliani. (Koodrich, Benjamin) (Filed on 11/30/2021) (Entered: 11/30/2021)
2021-12-0235CLERKS NOTICE SETTING ZOOM HEARING. Further Case Management Conference set for 12/7/2021 01:30 PM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/kaw General Order 58. Persons granted access to court proceedings held by telephone or vi deoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . Further Case Management Conference set for 12/7/2021 01:30 PM in Oakland, - Videoconference Only. (Related documents(s) 33 ) (This is a text-only entry generated by the court. There is no document associated with this entry.) (wft, COURT STAFF) (Filed on 12/2/2021) (Entered: 12/02/2021)
2021-12-0736NOTICE of Change of Address by Benjamin C. Koodrich (Koodrich, Benjamin) (Filed on 12/7/2021) (Entered: 12/07/2021)
2021-12-0737Minute Entry for proceedings held before Magistrate Judge Kandis A. Westmore: Further Case Management Conference held on 12/7/2021. Defendant's Motion For Summary Judgment due by 2/23/2022. Cross Motion and Opposition due by 3/25/2022. Reply and Opposition Due by 4/15/2022. Plaintiff's reply due by 4/29/2022. Motion For Summary Judgment Hearing set for 5/19/2022 01:30 PM in Oakland, - To be determined before Magistrate Judge Kandis A. Westmore. Total Time in Court: 16 minutes. Recorded Via Zoom: 1:45pm - 2:01pm. (wft, COURT STAFF) (Date Filed: 12/7/2021) Modified on 12/8/2021 (wft, COURT STAFF). (Entered: 12/07/2021)
2021-12-07Set/Reset Deadlines as to Motion For Summary Judgment Hearing set for 5/19/2022 01:30 PM in Oakland, - To be determined before Magistrate Judge Kandis A. Westmore. (wft, COURT STAFF) (Filed on 12/7/2021) (Entered: 12/08/2021)
2022-02-1738STIPULATION WITH PROPOSED ORDER re 37 Case Management Conference - Further,,, Set Deadlines/Hearings,, TO EXTEND BRIEFING SCHEDULE AND MOTIONS HEARING filed by Internal Revenue Service. (Attachments: # 1 Declaration of Ari D. Kunofsky)(Kunofsky, Ari) (Filed on 2/17/2022) (Entered: 02/17/2022)
2022-02-2439ORDER AS MODIFIED by Magistrate Judge Kandis A. Westmore granting 38 Stipulation To Extend Briefing Schedule and Motions Hearing. Defendant's Motion For Summary Judgment due by 4/26/2022. Plaintiff's Cross Motion and Opposition due by 5/27/2022. Defendant's Response due by 6/8/2022. Plaintiff's Reply due by 6/22/2022. Motion for Summary Judgment Hearing set for 8/4/2022 01:30 PM in Oakland, - To be determined before Magistrate Judge Kandis A. Westmore. (wft, COURT STAFF) (Filed on 2/24/2022) (Entered: 02/24/2022)
2022-04-1940STIPULATION WITH PROPOSED ORDER re 39 Order on Stipulation,, TO FURTHER EXTEND BRIEFING SCHEDULE AND MOTIONS HEARING filed by Internal Revenue Service. (Attachments: # 1 Declaration of Ari)(Kunofsky, Ari) (Filed on 4/19/2022) (Entered: 04/19/2022)
2022-04-2241Order As Modified by Magistrate Judge Kandis A. Westmore granting 40 Stipulation To Extend Briefing Schedule and Motions Hearing. Defendant's Motion for Summary Judgement due by 6/7/2022. Plaintiff's Cross Motion/Response due by 7/8/2022. Defendant's Response/Reply due by 7/20/2022. Plaintiff's Reply due by 8/3/2022. Motion Hearing set for 9/15/2022 01:30 PM in Oakland, - To be determined before Magistrate Judge Kandis A. Westmore. (wft, COURT STAFF) (Filed on 4/22/2022) (Entered: 04/22/2022)
2022-05-2742STIPULATION WITH PROPOSED ORDER re 41 Order on Stipulation,, TO FURTHER EXTEND BRIEFING SCHEDULE AND MOTIONS HEARING filed by Internal Revenue Service. (Attachments: # 1 Declaration of Ari D. Kunofsky)(Kunofsky, Ari) (Filed on 5/27/2022) (Entered: 05/27/2022)
2022-06-0343Order by Magistrate Judge Kandis A. Westmore granting 42 stipulation to further extend briefing schedule and motions hearing. Defendant's motion for summary judgment due by 8/2/2022. Plaintiffs' cross motion/response due by 9/2/2022. Defendant's response/reply due by 9/14/2022. Plaintiffs' reply due by 9/28/2022. Motion Hearing set for 11/3/2022 01:30 PM in Oakland, - To be determined before Magistrate Judge Kandis A. Westmore. (wft, COURT STAFF) (Filed on 6/3/2022) (Entered: 06/03/2022)
2022-07-2244STIPULATION WITH PROPOSED ORDER re 43 Order on Stipulation,, TO FURTHER EXTEND BRIEFING SCHEDULE AND MOTIONS HEARING filed by Internal Revenue Service. (Attachments: # 1 Declaration of Ari D. Kunofsky)(Kunofsky, Ari) (Filed on 7/22/2022) (Entered: 07/22/2022)
2022-07-2645ORDER AS MODIFIED by Magistrate Judge Kandis A. Westmore granting 44 Stipulation to Further Extend Briefing Schedule and Motions Hearing. Defendant's Motion for Summary Judgment due by 9/30/2022. Plaintiffs' Cross Motion/Response due by 10/28/2022. Defendant's Response due by 11/11/2022. Plaintiffs' Reply due by 12/2/2022. Motion Hearing set for 1/19/2023 01:30 PM in Oakland, - To be determined before Magistrate Judge Kandis A. Westmore. (wft, COURT STAFF) (Filed on 7/26/2022) Modified on 7/26/2022 (wft, COURT STAFF). (Entered: 07/26/2022)
2022-09-0146NOTICE of Substitution of Counsel by Joshua Daniel Zimberg (Zimberg, Joshua) (Filed on 9/1/2022) (Entered: 09/01/2022)
2022-09-2347STIPULATION WITH PROPOSED ORDER re 45 Order on Stipulation,, filed by Internal Revenue Service. (Attachments: # 1 Declaration)(Zimberg, Joshua) (Filed on 9/23/2022) (Entered: 09/23/2022)
2022-09-2648Order by Magistrate Judge Kandis A. Westmore granting 47 Stipulation. Defendants motion for summary judgment due by 12/23/2022. Plaintiffs cross motion/response due by 1/20/2023. Defendants opposition/reply due by 2/24/2023. Plaintiffs reply due by 2/9/2023. Motion Hearing set for 4/20/2023 01:30 PM in Oakland, - To be determined before Magistrate Judge Kandis A. Westmore. (wft, COURT STAFF) (Filed on 9/26/2022) (Entered: 09/26/2022)
2022-12-2049STIPULATION WITH PROPOSED ORDER re 48 Order on Stipulation, filed by Raymond Galliani, Sharon Galliani. (Attachments: # 1 Declaration of Benjamin C. Koodrich)(Koodrich, Benjamin) (Filed on 12/20/2022) (Entered: 12/20/2022)
2023-01-0550Order by Magistrate Judge Kandis A. Westmore granting 49 Stipulation to Extend Briefing Schedule and Motions Hearing. Dispositive Motion due by 3/23/2023. Cross Motions due by 4/20/2023. Responses due by 5/9/2023. Replies due by 5/24/2023. Motion Hearing set for 7/20/2023 01:30 PM in Oakland, - To be determined before Magistrate Judge Kandis A. Westmore. (wft, COURT STAFF) (Filed on 1/5/2023) (Entered: 01/05/2023)
2023-03-1751STIPULATION WITH PROPOSED ORDER Jointly Dismissing the Case filed by Internal Revenue Service. (Zimberg, Joshua) (Filed on 3/17/2023) (Entered: 03/17/2023)
2023-03-2252Order by Magistrate Judge Kandis A. Westmore granting 51 Stipulation Jointly Dismissing the Case. ***Civil Case Terminated. (wft, COURT STAFF) (Filed on 3/22/2023) (Entered: 03/22/2023)
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