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Case TitleSmith v. USA
DistrictDistrict of Connecticut
CityNew Haven
Case Number3:2021cv00914
Date Filed2021-07-04
Date Closed2022-08-31
JudgeJudge Alvin W. Thompson
PlaintiffDyane V. Smith
Case DescriptionDyane Smith submitted a FOIA request to the IRS for records concerning the satisfaction of the debt judgment entered between Smith and the IRS. After the agency failed to respond, Smith complained to the Office of Government Information Services. The agency then provided what Smith characterized as non-responsive records. After hearing nothing further from the agency, Smith filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search

DefendantUSA
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-07-041COMPLAINT Dyane V. Smith against USA ( Filing fee $402 receipt number ACTDC-6565910.), filed by Dyane V. Smith.(Smith, Dyane) (Entered: 07/04/2021)
2021-07-04Request for Clerk to issue summons as to USA. (Smith, Dyane) (Entered: 07/04/2021)
2021-07-04Judge Alvin W. Thompson added. (Hushin, Z.) (Entered: 07/06/2021)
2021-07-042ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Alvin W. Thompson on 7/4/2021. (Agati, Kathryn) (Entered: 07/06/2021)
2021-07-043STANDING PROTECTIVE ORDER. Signed by Judge Alvin W. Thompson on 7/4/2021. (Agati, Kathryn) (Entered: 07/06/2021)
2021-07-064NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 2 Electronic Filing Order, 1 Complaint filed by Dyane V. Smith, 3 Standing Protective Order. Signed by Clerk on 7/6/2021. (Agati, Kathryn) (Entered: 07/06/2021)
2021-07-065ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *USA* with answer to complaint due within *30* days. Attorney *Dyane V Smith* *Law Offices of Dyane V. Smith, LawSmith LLC* *P.O. Box 723* *Bethel, CT 06801*. (Agati, Kathryn) (Entered: 07/06/2021)
2021-07-066NOTICE of Appearance by Dyane V Smith on behalf of Dyane V. Smith (Smith, Dyane) (Entered: 07/06/2021)
2021-07-197First SUMMONS Returned Executed by Dyane V. Smith. USA served on 7/8/2021, answer due 8/7/2021. (Smith, Dyane) (Entered: 07/19/2021)
2021-08-058NOTICE of Appearance by Thelma A Lizama on behalf of USA (Lizama, Thelma) (Entered: 08/05/2021)
2021-08-059MOTION for Extension of Time until October 6, 2021 To Respond To 1 Complaint by USA. (Lizama, Thelma) (Entered: 08/05/2021)
2021-08-0510NOTICE of Appearance by William J Harrington on behalf of USA (Harrington, William) (Entered: 08/05/2021)
2021-08-0511First OBJECTION re 9 MOTION for Extension of Time until October 6, 2021 To Respond To 1 Complaint filed by Dyane V. Smith. (Smith, Dyane) (Entered: 08/05/2021)
2021-08-0812First MOTION for Default Entry 55(a) as to United States by Dyane V. Smith. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit)(Smith, Dyane) (Entered: 08/08/2021)
2021-08-0913ORDER: Motion for Extension of Time until October 6, 2021 to Respond to 1 Complaint (ECF No. 9 ) is hereby GRANTED over objection. It is so ordered. Signed by Judge Alvin W. Thompson on 8/9/2021. (Ferguson, L.) Modified on 8/9/2021 to edit text (Ferguson, L.). (Entered: 08/09/2021)
2021-08-0914ORDER: Motion for Default Entry 55(a) (ECF No. 12 ) is hereby DENIED. It is so ordered. Signed by Judge Alvin W. Thompson on 8/9/2021. (Ferguson, L.) (Entered: 08/09/2021)
2021-08-09Answer deadline updated for USA to 10/6/2021. (Agati, Kathryn) (Entered: 08/10/2021)
2021-08-1015NOTICE of Appearance by Julie G. Turbert on behalf of USA (Turbert, Julie) (Entered: 08/10/2021)
2021-10-0616MOTION to Dismiss by USA.Responses due by 10/27/2021 (Attachments: # 1 Memorandum in Support, # 2 Exhibit Declaration of Thelma Lizama, # 3 Exhibit Abstract Judgment, # 4 Exhibit United States' Letter to Ms. Smith, # 5 Exhibit Response Letter, # 6 Exhibit NFTL filed with Redding, # 7 Exhibit NFTL filed with the Secretary, # 8 Exhibit Refiled NFTL, # 9 Exhibit Revocation of Release, # 10 Exhibit New NFTL, # 11 Exhibit Withdrawal of Transferee NFTL, # 12 Exhibit Withdrawal of Transferee NFTL, # 13 Exhibit Declaration of John A. Carpenter (and exhibits A-D thereto), # 14 Exhibit Declaration of Theresa Carrillo, # 15 Notice to Self-Represented Litigant Concerning Motion to Dismiss, # 16 Full Text of F.R.C.P 12, # 17 Full Text of Local Rule 7)(Lizama, Thelma) (Entered: 10/06/2021)
2021-10-0617First MOTION for Extension of Time until 12-11-21 Objection to Motion to Dismiss 16 MOTION to Dismiss by Dyane V. Smith. (Smith, Dyane) (Entered: 10/06/2021)
2021-10-0818ORDER: The plaintiff's Motion for a 45 Day Extension of Time to Respond to Defendant's Motion to Dismiss (ECF No. 17 ) is hereby GRANTED. The plaintiff shall file a response to the defendant's Motion to Dismiss by 12/11/2021. It is so ordered. Signed by Judge Alvin W. Thompson on 10/8/2021. (Milov-Cordoba, M.) (Entered: 10/08/2021)
2021-10-08Set Deadlines as to 16 MOTION to Dismiss: Plaintiff's Response to Defendant's Motion to Dismiss is due by 12/11/2021. (Velez, F.) (Entered: 10/12/2021)
2021-12-0319Second MOTION for Extension of Time to File Response/Reply as to 16 MOTION to Dismiss until 1-11-22 by Dyane V. Smith. (Smith, Dyane) (Entered: 12/03/2021)
2021-12-0720ORDER: The Plaintiff's Motion for Thirty Day Enlargement of Time to Respond to Defendant's Motion to Dismiss (ECF No. 19 ) is hereby DENIED without prejudice. Motions for extension of time must comply with Rule 7(b) of the District of Connecticut Local Rules of Civil Procedure, which requires that a movant seeking an extension of time "include a statement of the movant that (1) the movant has inquired of all non-moving parties and there is agreement or objection to the motion, or that (2) despite diligent effort, including making the inquiry in sufficient time to afford non-movant a reasonable opportunity to respond, the movant cannot ascertain the position(s) of the non-movant(s)." D. Conn. L. Civ. R. 7(b). In addition, "[a]ll such motions shall also indicate the number of motions for extension of time that have previously been filed by the movant with respect to the same time limitation." Id . It is so ordered. Signed by Judge Alvin W. Thompson on 12/7/2021. (Milov-Cordoba, M.) (Entered: 12/07/2021)
2021-12-0721Second MOTION for Extension of Time to File Response/Reply as to 16 MOTION to Dismiss until 1-11-22 by Dyane V. Smith. (Smith, Dyane) (Entered: 12/07/2021)
2021-12-08- ENTERED IN ERROR ON THIS CASE - PLEASE DISREGARD. Set Deadlines: Joint Trial Memorandum due by 1/28/2022 (Ferguson, L.) Modified on 12/13/2021 (Ferguson, L.). (Entered: 12/13/2021)
2021-12-0922ORDER: The Plaintiff's Amended Second Request for Thirty Day Enlargement of Time to Respond to Defendant's Motion to Dismiss (ECF No. 21 ) is hereby GRANTED. The plaintiff shall file a response to the defendant's motion to dismiss (ECF No. 16 ) by 1/11/2022. It is so ordered. Signed by Judge Alvin W. Thompson on 12/8/2021. (Milov-Cordoba, M.) (Entered: 12/09/2021)
2021-12-09Set/Reset Deadlines as to 16 MOTION to Dismiss. Responses due by 1/11/2022. (Ferguson, L.) Modified on 12/13/2021 to correct file date to 12/9/2021 (Ferguson, L.). (Entered: 12/13/2021)
2021-12-13Docket Entry Correction re Deadline set for Joint Trial Memorandum due by 1/28/2022 - ENTERED IN ERROR ON THIS CASE. PLEASE DISREGARD. (Ferguson, L.) (Entered: 12/13/2021)
2021-12-3023First MOTION to Amend/Correct 1 Complaint by Dyane V. Smith.Responses due by 1/20/2022 (Attachments: # 1 Memorandum in Support)(Smith, Dyane) (Entered: 12/30/2021)
2021-12-3024OBJECTION re 23 First MOTION to Amend/Correct 1 Complaint filed by USA. (Attachments: # 1 Exhibit Email thread between Ms. Smith and USA)(Lizama, Thelma) (Entered: 12/30/2021)
2021-12-3125First MOTION to Amend/Correct 23 First MOTION to Amend/Correct 1 Complaint AMENDED by Dyane V. Smith.Responses due by 1/21/2022 (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit)(Smith, Dyane) (Entered: 12/31/2021)
2022-01-0426Third MOTION for Extension of Time to file Objection to Motion to Dismiss 16 MOTION to Dismiss , MOTION for Extension of Time to File Response/Reply for 20 days from the date the court rules on P's Motion for Leave to Amend as to 16 MOTION to Dismiss by Dyane V. Smith. (Smith, Dyane) (Entered: 01/04/2022)
2022-01-0627ORDER: For the reasons set forth in the attached order, the plaintiff's First Motion for Leave to File Amended Complaint (Amended) (ECF No. 25 ) is hereby GRANTED, the Motion for Leave to Amend Complaint (ECF No. 23 ) is hereby DENIED as moot, and Plaintiff's Third Motion for Enlargement of Time (ECF No. 26 ) is hereby DENIED as moot. It is so ordered. Signed by Judge Alvin W. Thompson on 1/6/2022. (Milov-Cordoba, M.) (Entered: 01/06/2022)
2022-01-2028AMENDED COMPLAINT against USA, filed by Dyane V. Smith.(Smith, Dyane) (Entered: 01/20/2022)
2022-02-0329Amended MOTION to Dismiss Amended Complaint by USA.Responses due by 2/24/2022 (Attachments: # 1 Memorandum in Support OF DEFENDANT UNITED STATES MOTION TO DISMISS AMENDED COMPLAINT, # 2 Exhibit Declaration of Thelma Lizama, # 3 Exhibit Abstract Judgment, # 4 Exhibit United States' Letter to Ms. Smith, # 5 Exhibit Response Letter, # 6 Exhibit NFTL filed with Redding, # 7 Exhibit NFTL filed with the Secretary, # 8 Exhibit Transferee NFTL filed with Redding, # 9 Exhibit NFTL Refiled with Redding, # 10 Exhibit Transferee NFTL refiled with Redding, # 11 Exhibit Revocation of Release, # 12 Exhibit New NFTL filed with Redding, # 13 Exhibit Withdrawal of Transferee NFTL, # 14 Exhibit Withdrawal of Transferee NFTL, # 15 Exhibit Declaration of John A. Carpenter (and exhibits A-D thereto), # 16 Exhibit Declaration of Theresa Carrillo, # 17 Exhibit New NFTL filed with the Secretary of State, # 18 Notice to Self-Represented Litigant Concerning Motion to Dismiss, # 19 Full Text of F.R.C.P 12, # 20 Full Text of Local Rule 7)(Lizama, Thelma) (Entered: 02/03/2022)
2022-02-2430First Memorandum in Opposition re 29 Amended MOTION to Dismiss Amended Complaint filed by Dyane V. Smith. (Smith, Dyane) (Entered: 02/24/2022)
2022-03-0931REPLY to Response to 29 Amended MOTION to Dismiss Amended Complaint filed by USA. (Lizama, Thelma) (Entered: 03/09/2022)
2022-08-2632ORDER: Defendant United States' Motion to Dismiss (ECF No. 16 ) is hereby DENIED as moot in light of Defendant United States' Motion to Dismiss Amended Complaint (ECF No. 29 ). It is so ordered. Signed by Judge Alvin W. Thompson on 08/26/2022. (Ghinaglia Socorro, F.) (Entered: 08/26/2022)
2022-08-2633ORDER: For the reasons set forth in the attached ruling, Defendant United States' Motion to Dismiss Amended Complaint (ECF No. 29 ) is hereby GRANTED. The Clerk shall close this case. It is so ordered. Signed by Judge Alvin W. Thompson on 08/26/2022. (Ghinaglia Socorro, F.) (Entered: 08/26/2022)
2022-08-3134JUDGMENT. Appeal forms may be obtained at the following website: http://www.ctd.uscourts.gov/forms/all-forms/appeals_forms. Signed by Clerk on 8-31-2022. (Shafer, J.) (Entered: 08/31/2022)
2022-08-31JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Shafer, J.) (Entered: 08/31/2022)
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