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Case TitleARGYLE SYSTEMS INC. v. INTERNAL REVENUE SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv00016
Date Filed2021-01-05
Date Closed2022-09-25
JudgeJudge Emmet G. Sullivan
PlaintiffARGYLE SYSTEMS INC.
Case DescriptionArgyle Systems, Inc. submitted a FOIA request to the IRS for records concerning registered Payroll Service Providers. The agency acknowledged receipt of the request. The agency told Argyle that it did not know where to search for responsive records. Argyle Systems filed an administrative appeal. The agency denied Argyle Systems' appeal. Argyle Systems then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantINTERNAL REVENUE SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Opinion/Order [25]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-01-051COMPLAINT against INTERNAL REVENUE SERVICE ( Filing fee $ 402 receipt number ADCDC-8038644) filed by ARGYLE SYSTEMS INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Civil Cover Sheet, # 9 Summons)(Robbins, Joshua) (Entered: 01/05/2021)
2021-01-052LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ARGYLE SYSTEMS INC. (Robbins, Joshua) (Entered: 01/05/2021)
2021-01-053MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Barbara E. Lichman, Filing fee $ 100, receipt number ADCDC-8038856. Fee Status: Fee Paid. by ARGYLE SYSTEMS INC. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Robbins, Joshua) (Entered: 01/05/2021)
2021-01-06Case Assigned to Judge Emmet G. Sullivan. (zsb) (Entered: 01/06/2021)
2021-01-064SUMMONS (1) Issued Electronically as to INTERNAL REVENUE SERVICE. (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 01/06/2021)
2021-01-06MINUTE ORDER granting 3 motion for leave to appear pro hac vice. Barbara E. Lichman is hereby admitted pro hac vice in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Emmet G. Sullivan on 1/6/2021. (lcegs3) (Entered: 01/06/2021)
2021-01-085STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 1/8/21. (Attachment: # 1 Exhibit 1) (mac) (Entered: 01/08/2021)
2021-01-116NOTICE of Appearance by Barbara E. Lichman on behalf of ARGYLE SYSTEMS INC. (Lichman, Barbara) (Entered: 01/11/2021)
2021-01-277RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/11/2021. Answer due for ALL FEDERAL DEFENDANTS by 2/10/2021. (Lichman, Barbara) (Entered: 01/27/2021)
2021-01-278RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 01/11/2021. (Lichman, Barbara) (Entered: 01/27/2021)
2021-01-279RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. INTERNAL REVENUE SERVICE served on 1/11/2021 (Lichman, Barbara) (Entered: 01/27/2021)
2021-02-0510Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by INTERNAL REVENUE SERVICE. (Attachments: # 1 Text of Proposed Order)(Kalyniuk, Alexander) (Entered: 02/05/2021)
2021-02-0511NOTICE of Appearance by Stephanie Ann Sasarak on behalf of INTERNAL REVENUE SERVICE (Sasarak, Stephanie) (Entered: 02/05/2021)
2021-02-05MINUTE ORDER granting 10 unopposed motion for extension of time. Defendant shall answer or otherwise respond to the Complaint by no later than March 10, 2021. Signed by Judge Emmet G. Sullivan on 2/5/2021. (lcegs3) (Entered: 02/05/2021)
2021-02-06Set/Reset Deadlines: Defendant Answer Or Otherwise Response To The Complaint due by 3/10/2021, (mac) (Entered: 02/06/2021)
2021-03-1012ANSWER to Complaint by INTERNAL REVENUE SERVICE.(Sasarak, Stephanie) (Entered: 03/10/2021)
2021-03-15MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than April 2, 2021. The parties' joint proposed scheduling order shall address the following: (1) The status of plaintiff's FOIA request; (2) The anticipated number of documents responsive to plaintiff's FOIA request; (3) The anticipated date(s) for release of documents responsive to plaintiff's FOIA request; (4) Whether a motion for an Open America stay is likely in this case; (5) Whether a Vaughn index will be required in this case; (6) Whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) A proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each party's individual recommendations. Signed by Judge Emmet G. Sullivan on 3/15/2021. (lcegs3) (Entered: 03/15/2021)
2021-03-15Set/Reset Deadlines: Joint Scheduling Order due by 4/2/2021. (mac) (Entered: 03/15/2021)
2021-04-0113PROPOSED BRIEFING SCHEDULE - Joint Proposed Scheduling Order by INTERNAL REVENUE SERVICE. (Kalyniuk, Alexander) (Entered: 04/01/2021)
2021-04-02MINUTE ORDER. In view of 13 joint proposed scheduling order, the parties shall abide by the following schedule: (1) Defendant's dispositive motion shall be filed by no later than June 11, 2021; (2) Plaintiff shall file its opposition and any cross-motion by no later than July 12, 2021; (3) Defendant shall file its reply and any opposition by no later than August 11, 2021; and (4) Plaintiff shall file a reply, if necessary, by no later than August 25, 2021. Signed by Judge Emmet G. Sullivan on 4/2/2021. (lcegs3) (Entered: 04/02/2021)
2021-04-02Set/Reset Deadlines: Defendant's Dispositive Motion due by 6/11/2021. Plaintiff Opposition And Any Cross-Motion due by 7/12/2021. Defendant Reply And Any Opposition due by 8/11/2021. Plaintiff Reply, If Necessary, due by 8/25/2021. (mac) (Entered: 04/02/2021)
2021-04-2314MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Daniel S. Shimell, Filing fee $ 100, receipt number ADCDC-8396857. Fee Status: Fee Paid. by ARGYLE SYSTEMS INC.. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Robbins, Joshua) (Entered: 04/23/2021)
2021-05-07MINUTE ORDER granting 14 motion for leave to appear pro hac vice. Daniel S. Shimell is hereby admitted pro hac vice in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Emmet G. Sullivan on 5/7/2021. (lcegs3) (Entered: 05/07/2021)
2021-05-1315NOTICE of Appearance by Daniel Shimell on behalf of ARGYLE SYSTEMS INC. (Shimell, Daniel) (Entered: 05/13/2021)
2021-06-1116MOTION for Summary Judgment by INTERNAL REVENUE SERVICE. (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order, # 4 Appendix - Index, # 5 Declaration of Grady Pondel Walker, # 6 Exhibit - A, Blank IRS Form 8655, # 7 Declaration of Elizabeth Erickson)(Kalyniuk, Alexander) (Entered: 06/11/2021)
2021-07-1217Memorandum in opposition to re 16 MOTION for Summary Judgment filed by ARGYLE SYSTEMS INC.. (Attachments: # 1 Counter-Statement of Disputed Facts, # 2 Declaration of Daniel S. Shimell)(Lichman, Barbara) (Entered: 07/12/2021)
2021-07-1218Cross MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment by ARGYLE SYSTEMS INC.. (Attachments: # 1 Counter-Statement of Disputed Facts, # 2 Declaration of Daniel S. Shimell)(Lichman, Barbara). Added MOTION for Partial Summary Judgment on 7/13/2021 (zjf). (Entered: 07/12/2021)
2021-08-1019REPLY to opposition to motion re 16 MOTION for Summary Judgment filed by INTERNAL REVENUE SERVICE. (Attachments: # 1 Response to Plaintiff's statement of facts)(Sasarak, Stephanie) (Entered: 08/10/2021)
2021-08-1020Memorandum in opposition to re 18 Cross MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment MOTION for Partial Summary Judgment filed by INTERNAL REVENUE SERVICE. (Attachments: # 1 Response to Plaintiff's statement of facts)(Sasarak, Stephanie) (Entered: 08/10/2021)
2021-08-2521REPLY to opposition to motion re 18 Cross MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment MOTION for Partial Summary Judgment filed by ARGYLE SYSTEMS INC.. (Lichman, Barbara) (Entered: 08/25/2021)
2022-04-1422MOTION for Judgment by ARGYLE SYSTEMS INC.. (Lichman, Barbara) (Entered: 04/14/2022)
2022-04-1823NOTICE of Change in Counsel by ARGYLE SYSTEMS INC. (Lichman, Barbara) (Entered: 04/18/2022)
2022-09-2524ORDER granting 16 Motion for Summary Judgment; denying 18 Motion for Summary Judgment. Signed by Judge Emmet G. Sullivan on 9/25/2022. (lcegs1) (Entered: 09/25/2022)
2022-09-2525MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on 9/25/2022. (lcegs1) (Entered: 09/25/2022)
2022-09-2526JUDGMENT in favor of Defendant and against Plaintiff. Signed by Judge Emmet G. Sullivan on 9/25/2022. (lcegs1) (Entered: 09/25/2022)
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by FOIA Project Staff
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