| Date Filed | Doc # | Docket Text |
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| 2022-09-30 | 1 | COMPLAINT against INTERNAL REVENUE SERVICE ( Filing fee $ 402 receipt number ADCDC-9569089) filed by ZIMMER BIOMET HOLDINGS, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Reimer, Hadassah) (Entered: 09/30/2022) |
| 2022-09-30 | 2 | LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ZIMMER BIOMET HOLDINGS, INC. (Reimer, Hadassah) (Entered: 09/30/2022) |
| 2022-09-30 | 3 | MOTION for Leave to Appear Pro Hac Vice :Attorney Name- William F. Colgin, Jr., Filing fee $ 100, receipt number ADCDC-9569159. Fee Status: Fee Paid. by ZIMMER BIOMET HOLDINGS, INC.. (Attachments: # 1 Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Reimer, Hadassah) (Entered: 09/30/2022) |
| 2022-09-30 | 4 | MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Susan L. Combs, Filing fee $ 100, receipt number ADCDC-9569205. Fee Status: Fee Paid. by ZIMMER BIOMET HOLDINGS, INC.. (Attachments: # 1 Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Reimer, Hadassah) (Entered: 09/30/2022) |
| 2022-09-30 | 5 | MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Matthew E. Wright, Filing fee $ 100, receipt number ADCDC-9569231. Fee Status: Fee Paid. by ZIMMER BIOMET HOLDINGS, INC.. (Attachments: # 1 Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Reimer, Hadassah) (Entered: 09/30/2022) |
| 2022-10-04 | | Case Assigned to Judge Amy Berman Jackson. (znmw) (Entered: 10/04/2022) |
| 2022-10-04 | 6 | SUMMONS (3) Issued Electronically as to INTERNAL REVENUE SERVICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 10/04/2022) |
| 2022-10-04 | | MINUTE ORDER granting 3 4 & 5 Motions for Leave of William F. Colgin, Jr., Susan L. Combs, and Matthew E. Wright to Appear Pro Hac Vice only upon condition that the lawyers admitted, or at least one member of the lawyers' firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. 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 Amy Berman Jackson on 10/4/22. (DMK) (Entered: 10/04/2022) |
| 2022-10-18 | 7 | NOTICE of Appearance by William F. Colgin, Jr on behalf of ZIMMER BIOMET HOLDINGS, INC. (Colgin, William) (Entered: 10/18/2022) |
| 2022-10-18 | 8 | NOTICE of Appearance by Susan L. Combs on behalf of ZIMMER BIOMET HOLDINGS, INC. (Combs, Susan) (Entered: 10/18/2022) |
| 2022-10-18 | 9 | NOTICE of Appearance by Matthew Evans Wright on behalf of ZIMMER BIOMET HOLDINGS, INC. (Wright, Matthew) (Entered: 10/18/2022) |
| 2022-10-31 | 10 | Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by INTERNAL REVENUE SERVICE. (Attachments: # 1 Text of Proposed Order)(Hunsader, Joseph) (Entered: 10/31/2022) |
| 2022-10-31 | 11 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/11/2022. Answer due for ALL FEDERAL DEFENDANTS by 11/10/2022. (Combs, Susan) (Entered: 10/31/2022) |
| 2022-10-31 | 12 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/11/2022. (Combs, Susan) (Entered: 10/31/2022) |
| 2022-10-31 | | MINUTE ORDER granting 10 Motion for Extension of Time to Answer. Defendant must file an answer or otherwise respond to the complaint by December 12, 2022. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/31/2022. (lcabj2) (Entered: 10/31/2022) |
| 2022-11-17 | 13 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. INTERNAL REVENUE SERVICE served on 10/11/2022 (Combs, Susan); Modified text and party served on 11/18/2022 (ztth). (Entered: 11/17/2022) |
| 2022-12-12 | 14 | ANSWER to Complaint by INTERNAL REVENUE SERVICE.(Hunsader, Joseph) (Entered: 12/12/2022) |
| 2022-12-13 | 15 | ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before January 10, 2023. See Order for details. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/13/2022. (lcabj2) (Entered: 12/13/2022) |
| 2023-01-09 | 16 | STATUS REPORT by INTERNAL REVENUE SERVICE. (Hunsader, Joseph) (Entered: 01/09/2023) |
| 2023-01-17 | | MINUTE ORDER. In light of defendant's 16 status report, defendant must submit another status report by March 27, 2023. SO ORDERED. Signed by Judge Amy Berman Jackson on 01/17/2023. (lcabj2) (Entered: 01/17/2023) |
| 2023-03-27 | 17 | STATUS REPORT by INTERNAL REVENUE SERVICE. (Hunsader, Joseph) (Entered: 03/27/2023) |
| 2023-04-03 | | MINUTE ORDER. In light of defendant's 17 status report, defendant must submit another status report by June 9, 2023. SO ORDERED. Signed by Judge Amy Berman Jackson on 04/03/2023. (lcabj2) (Entered: 04/03/2023) |
| 2023-04-14 | 18 | MOTION for Partial Summary Judgment by ZIMMER BIOMET HOLDINGS, INC.. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit Exhibit 1 - Affidavit of Mark Bilodeau, # 4 Exhibit Exhibit 2 - Affidavit of William F. Colgin, Jr., # 5 Exhibit Exhibit 3, # 6 Text of Proposed Order)(Colgin, William) (Entered: 04/14/2023) |
| 2023-04-27 | 19 | MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Partial Summary Judgment and , MOTION for Scheduling Order by INTERNAL REVENUE SERVICE. (Attachments: # 1 Text of Proposed Order)(Hunsader, Joseph) (Entered: 04/27/2023) |
| 2023-04-27 | 20 | NOTICE that Defendant's Motion for Scheduling Order and for Extension (ECF No. 19) also constitutes a partial opposition to Plaintiff's Partial Motion for Summary Judgment (ECF No. 18) by INTERNAL REVENUE SERVICE re 18 Motion for Partial Summary Judgment, (Hunsader, Joseph) (Entered: 04/27/2023) |
| 2023-04-28 | | MINUTE ORDER. The Court agrees with the IRS that ordinarily, summary judgment briefing, and certainly summary judgment briefing with respect to the adequacy of the search, must await the completion of the production, which is only just getting underway. But motions for partial summary judgment are permitted by the Federal Rules of Civil Procedure. Since plaintiff's 18 motion is narrowly confined to one issue, the redaction of one record, and it does not challenge the adequacy of the search, there is no reason why briefing it must await the completion of the entire process. Given the good cause shown, though, defendant's opposition to the motion, which may be combined with any cross motion for summary judgment on the issue of the redactions to the Appeals Case Memorandum only, supported by a single memorandum of points and authorities, must be filed by June 23, 2023; plaintiff's reply, combined with any opposition to the cross motion for summary judgment, if necessary, must be filed by July 14, 2023; and defendant's cross reply will be due by July 28, 2023. Any other motions regarding the adequacy of the search or any other withholdings must await the issuance of a Scheduling Order when the production is complete, and given the information in the most recent status report, it is too soon to determine what that schedule should look like. The Court reminds the parties that Local Civil Rule 7(m) requires that "[b]efore filing any nondispositive motion in a civil action, counsel shall discuss the anticipated motion with opposing counsel in a good-faith effort to determine whether there is any opposition to the relief sought and, if there is, to narrow the areas of disagreement.... A party shall include in its motion a statement that the required discussion occurred, and a statement as to whether the motion is opposed." The IRS's motion for an extension of time indicates that the parties spoke with respect to the request for an extension, but it does not report on any effort to meet and confer with respect to the larger scheduling issues raised. SO ORDERED. Signed by Judge Amy Berman Jackson on 04/28/2023. (lcabj2) (Entered: 04/28/2023) |
| 2023-04-28 | | Set/Reset Deadlines: Defendant's opposition to Plaintiff's motion, which may be combined with any cross motion for summary judgment on the issue of the redactions to the Appeals Case Memorandum only, supported by a single memorandum of points and authorities, must be filed by 6/23/2023; plaintiff's reply, combined with any opposition to the cross motion for summary judgment, if necessary, must be filed by 7/14/2023; and defendant's cross reply will be due by 7/28/2023. (jth) (Entered: 04/30/2023) |
| 2023-05-17 | 21 | MOTION to Modify Scheduling Order by ZIMMER BIOMET HOLDINGS, INC.. (Attachments: # 1 Text of Proposed Order)(Colgin, William) (Entered: 05/17/2023) |
| 2023-05-19 | 22 | Memorandum in opposition to re 21 Motion to Modify filed by INTERNAL REVENUE SERVICE. (Attachments: # 1 Text of Proposed Order)(Hunsader, Joseph) (Entered: 05/19/2023) |
| 2023-05-19 | 23 | REPLY to opposition to motion re 21 MOTION to Modify Scheduling Order filed by ZIMMER BIOMET HOLDINGS, INC.. (Colgin, William) (Entered: 05/19/2023) |
| 2023-05-22 | | MINUTE ORDER. In the Court's discretion, the 21 Motion for Modified Briefing Schedule is DENIED. Given the good cause shown in the 19 motion, the Court extended the schedule for defendant's opposition to plaintiff's 18 motion for partial summary judgment, and other pleadings. While the Court understands that plaintiff is frustrated by the redactions to the one document involved in the 18 motion for partial summary judgment, and it hopes to see it before meeting with IRS Appeals in June, receiving an opposition to the motion on the question of the deliberative process privilege will not inform plaintiff of what was redacted from the record. Further, plaintiff acknowledges that it may seek an extension of the meetings that are currently set for the week of June 5, 2023. See Pl.'s Mot. for Modified Briefing Schedule 21 at 4. Thus, the motion for partial summary judgment is not an emergency motion on any kind of expedited schedule, and any prejudice to the plaintiff arising out of the current schedule can be ameliorated by postponing the meeting. SO ORDERED. Signed by Judge Amy Berman Jackson on 05/22/2023. (lcabj2) (Entered: 05/22/2023) |
| 2023-06-09 | 24 | STATUS REPORT by INTERNAL REVENUE SERVICE. (Hunsader, Joseph) (Entered: 06/09/2023) |
| 2023-06-15 | | MINUTE ORDER. In light of defendant's 24 status report, it is ORDERED that defendant must submit another status report by August 23, 2023. Signed by Judge Amy Berman Jackson on 06/15/2023. (lcabj2) (Entered: 06/15/2023) |
| 2023-06-23 | 25 | Memorandum in opposition to re 18 Motion for Partial Summary Judgment, with attached Response to Plaintiff's Statement of Undisputed Facts filed by INTERNAL REVENUE SERVICE. (Attachments: # 1 Statement of Facts)(Hunsader, Joseph) (Entered: 06/23/2023) |
| 2023-06-23 | 26 | Partial MOTION for Summary Judgment (Cross-Motion limited to redactions to 2008-2009 ACM) by INTERNAL REVENUE SERVICE. (Attachments: # 1 Memorandum in Support, # 2 Affidavit, # 3 Statement of Facts, # 4 Text of Proposed Order)(Hunsader, Joseph) (Entered: 06/23/2023) |
| 2023-07-14 | 27 | Memorandum in opposition to re 26 Motion for Summary Judgment, filed by ZIMMER BIOMET HOLDINGS, INC.. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit, # 4 Statement of Facts, # 5 Notice of Objection, # 6 Text of Proposed Order, # 7 Certificate of Service)(Wright, Matthew) (Entered: 07/14/2023) |
| 2023-07-14 | 28 | REPLY to opposition to motion re 18 MOTION for Partial Summary Judgment filed by ZIMMER BIOMET HOLDINGS, INC.. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit, # 4 Statement of Facts, # 5 Notice of Objection, # 6 Text of Proposed Order, # 7 Certificate of Service)(Wright, Matthew) (Entered: 07/14/2023) |
| 2023-07-28 | 29 | REPLY to opposition to motion re 26 Partial MOTION for Summary Judgment (Cross-Motion limited to redactions to 2008-2009 ACM) and also Reponse to Plaintiff's Objection (ECF #27-5 filed by INTERNAL REVENUE SERVICE. (Attachments: # 1 Affidavit Cunningham, # 2 Affidavit Alexander)(Hunsader, Joseph) (Entered: 07/28/2023) |
| 2023-08-10 | 30 | MOTION for Leave to File Surreply in Opposition to Defendant's Cross-Motion for Partial Summary Judgment by ZIMMER BIOMET HOLDINGS, INC.. (Attachments: # 1 Proposed Surreply, # 2 Text of Proposed Order, # 3 Certificate of Service)(Wright, Matthew) (Entered: 08/10/2023) |
| 2023-08-14 | | MINUTE ORDER granting 30 Motion for Leave to File Surreply. The Clerk of Court is directed to file the [30-1] surreply on the docket. This matter is fully briefed and any further submissions must be solicited by the Court. SO ORDERED. Signed by Judge Amy Berman Jackson on 08/14/2023. (lcabj2) Modified on 8/14/2023 to add the "fully briefed" sentence. (jth). (Entered: 08/14/2023) |
| 2023-08-14 | 31 | SURREPLY to re 29 Reply to opposition to Motion, filed by ZIMMER BIOMET HOLDINGS, INC.. (znmw) (Entered: 08/15/2023) |
| 2023-08-23 | 32 | STATUS REPORT by INTERNAL REVENUE SERVICE. (Hunsader, Joseph) (Entered: 08/23/2023) |
| 2023-08-24 | | MINUTE ORDER. In light of the 32 status report, defendant must submit another status report by November 6, 2023. SO ORDERED. Signed by Judge Amy Berman Jackson on 08/24/2023. (lcabj2) (Entered: 08/24/2023) |
| 2023-11-06 | 33 | STATUS REPORT by INTERNAL REVENUE SERVICE. (Hunsader, Joseph) (Entered: 11/06/2023) |
| 2023-11-08 | | MINUTE ORDER. In light of the 33 status report, defendant must submit another status report by January 22, 2024. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/8/2023. (lcabj2) (Entered: 11/08/2023) |
| 2024-01-22 | 34 | STATUS REPORT by INTERNAL REVENUE SERVICE. (Hunsader, Joseph) (Entered: 01/22/2024) |
| 2024-01-23 | | MINUTE ORDER. In light of the 34 status report, defendant must submit another status report by April 5, 2024. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/23/2024. (lcabj2) (Entered: 01/23/2024) |
| 2024-02-09 | | MINUTE ORDER. It is ORDERED that in order to assist the Court in making a responsible de novo determination, defendant is directed to deliver to chambers for in camera inspection the Appeals Case Memorandum that has been provided to plaintiff with redactions, on or before February 16, 2024. See Ray v. Turner, 587 F.2d 1187, 1195 (D.C. Cir. 1978). It is further ordered that any redactions to the document shall be identified with red boxes around the text so the information withheld from plaintiff is easily identifiable. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/9/2024. (lcabj2) (Entered: 02/09/2024) |
| 2024-02-14 | 35 | NOTICE of In Camera submission of unredacted Appeals Case Memorandum by INTERNAL REVENUE SERVICE (Hunsader, Joseph) (Entered: 02/14/2024) |
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