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Case TitleINSTITUTE FOR ENERGY RESEARCH v. DEPARTMENT OF THE TREASURY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00102
Date Filed2023-01-13
Date ClosedOpen
JudgeJudge Dabney L. Friedrich
PlaintiffINSTITUTE FOR ENERGY RESEARCH
Case DescriptionThe Institute for Energy Research submitted two FOIA requests to the IRS for records concerning emails sent to or from IRS staff to industry lobby groups. IER also requested a fee waiver. The agency acknowledged receipt of the request. The agency denied the request on the basis that it contained third-party personal information. IER filed an administrative appeal. IER submitted a second FOIA request for emails sent or received from industry groups or congressional staff. The agency acknowledged of the second request and told IER that it would not respond because it contained third-party information. IER filed an administrative appeal of that request. The IRS responded to the second appeal and denied it. IER then filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantDEPARTMENT OF THE TREASURY
DefendantINTERNAL REVENUE SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-01-131COMPLAINT against DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE ( Filing fee $ 402 receipt number ADCDC-9787182) filed by INSTITUTE FOR ENERGY RESEARCH. (Attachments: # 1 Summons, # 2 Civil Cover Sheet)(Hardin, Matthew) (Entered: 01/13/2023)
2023-01-13NOTICE OF ERROR re 1 Complaint; emailed to MatthewDHardin@gmail.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. No signature. Please file the signed document using the event Errata. All filings must have an original signature or '/s/ Attorney Name' to represent an electronic signature of the filer., 2. Civil cover sheet not signed, 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (Williams, Ro'Shaila) (Entered: 01/13/2023)
2023-01-132ERRATA (Signed Cover Sheet) by INSTITUTE FOR ENERGY RESEARCH re 1 Complaint,. (Hardin, Matthew) (Entered: 01/13/2023)
2023-01-13Case Assigned to Judge Rudolph Contreras. (zrtw) (Entered: 01/13/2023)
2023-01-133SUMMONS (4) Issued Electronically as to DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrtw) (Entered: 01/13/2023)
2023-01-134NOTICE of Appearance by Christopher Cochran Horner on behalf of INSTITUTE FOR ENERGY RESEARCH (Horner, Christopher) (Entered: 01/13/2023)
2023-02-065NOTICE of Appearance by Stephanie R. Johnson on behalf of DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE (Johnson, Stephanie) (Entered: 02/06/2023)
2023-02-156MOTION for Extension of Time to File Answer re 1 Complaint, or Other Responsive Pleading by DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 02/15/2023)
2023-02-157NOTICE OF SUBSTITUTION OF COUNSEL by Kieran O'Neill Carter on behalf of All Defendants Substituting for attorney Stephanie R. Johnson (Carter, Kieran) (Entered: 02/15/2023)
2023-02-16MINUTE ORDER: It is hereby ORDERED that Plaintiff shall submit proof of service of process on or before February 23, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 2/16/2023. (lcrc1) (Entered: 02/16/2023)
2023-02-168RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/25/2023. (Hardin, Matthew) (Entered: 02/16/2023)
2023-02-169RESPONSE re 6 MOTION for Extension of Time to File Answer re 1 Complaint, or Other Responsive Pleading filed by INSTITUTE FOR ENERGY RESEARCH. (Attachments: # 1 Exhibit A (Policy re: service on US Attorney), # 2 Exhibit B (Proof of Service on US Attorney), # 3 Exhibit C (email setting forth Plaintiff's position), # 4 Exhibit D (Additional Proof of Service))(Hardin, Matthew) (Entered: 02/16/2023)
2023-02-24MINUTE ORDER granting 6 Defendants' Opposed Motion for Extension of Time: It is hereby ORDERED that Defendants' Answer or other response to Plaintiff's Complaint is due on or before March 17, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 2/24/2023. (lcrc1) (Entered: 02/24/2023)
2023-03-1710ANSWER to Complaint by DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE.(Carter, Kieran) (Entered: 03/17/2023)
2023-03-20MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and jointly submit a proposed briefing schedule on or before April 3, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 3/20/2023. (lcrc1) (Entered: 03/20/2023)
2023-03-2311NOTICE OF RELATED CASE by INSTITUTE FOR ENERGY RESEARCH. Case related to Case No. 1:22-cv-3653. (Hardin, Matthew) (Entered: 03/23/2023)
2023-04-0312Joint STATUS REPORT by DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 04/03/2023)
2023-04-04MINUTE ORDER: Upon consideration of 12 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before May 4, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 4/4/2023. (lcrc1) (Entered: 04/04/2023)
2023-04-21Set/Reset Deadlines: Status Report due by 5/4/2023 (tj) (Entered: 04/21/2023)
2023-04-26Cases Consolidated. Cases 23-102 and 23-172 have been consolidated with case 22-3653, pursuant to an Order entered 04/26/2023. From this date forward, all pleadings shall be filed ONLY in the lead/earlier case, Civil Action No. 22-3653. (zed) (Entered: 05/02/2023)
2023-05-0213Case directly reassigned to Judge Dabney L. Friedrich as there is an earlier related case. Judge Rudolph Contreras is no longer assigned to the case. (rj) (Entered: 05/02/2023)
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