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Case TitleARDEN ROW ASSETS, LLC et al v. U.S. INTERNAL REVENUE SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv02696
Date Filed2023-09-14
Date ClosedOpen
JudgeJudge John D. Bates
PlaintiffARDEN ROW ASSETS, LLC
PlaintiffBASSWOOD AGGREGATES, LLC
PlaintiffDELWOOD RESOURCES, LLC
Case DescriptionArden Row Assets, Basewood Aggregates, and Delwood Resources submitted FOIA requests to the IRS for records concerning a Penalty Consideration Lead Sheet approved by identified IRS agents pertaining to the donation of land for conservation credits. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Arden Row and the others filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. INTERNAL REVENUE SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-09-141COMPLAINT against U.S. INTERNAL REVENUE SERVICE ( Filing fee $ 402 receipt number ADCDC-10352758) filed by ARDEN ROW ASSETS, LLC, DELWOOD RESOURCES, LLC, BASSWOOD AGGREGATES, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Internal Revenue Service, # 3 Summons U.S. Attorney for the District of Columbia, # 4 Summons Attorney General of the United States)(Rosenstein, Rod) (Entered: 09/14/2023)
2023-09-142LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ARDEN ROW ASSETS, LLC, BASSWOOD AGGREGATES, LLC, DELWOOD RESOURCES, LLC (Rosenstein, Rod) (Entered: 09/14/2023)
2023-09-15Case Assigned to Judge John D. Bates. (zljn) (Entered: 09/15/2023)
2023-09-153SUMMONS (3) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 09/15/2023)
2023-09-254RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. INTERNAL REVENUE SERVICE served on 9/15/2023 (Rosenstein, Rod) (Entered: 09/25/2023)
2023-09-255RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/15/2023. (Rosenstein, Rod) (Entered: 09/25/2023)
2023-09-256RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/15/2023. Answer due for ALL FEDERAL DEFENDANTS by 10/15/2023. (Rosenstein, Rod) (Entered: 09/25/2023)
2023-10-037NOTICE of Appearance by Kieran O'Neill Carter on behalf of U.S. INTERNAL REVENUE SERVICE (Carter, Kieran) (Entered: 10/03/2023)
2023-10-138MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. INTERNAL REVENUE SERVICE. (Attachments: # 1 Text of Proposed Order)(Carter, Kieran) (Entered: 10/13/2023)
2023-10-13MINUTE ORDER: Upon consideration of 8 defendant's motion for extension of time to answer or otherwise respond to plaintiffs' complaint, and the entire record herein, it is hereby ORDERED that the motion is GRANTED IN PART; and it is further ORDERED that defendant shall answer or otherwise respond to plaintiffs' complaint by not later than November 30, 2023. SO ORDERED. Signed by Judge John D. Bates on 10/13/2023. (lcjdb2) (Entered: 10/13/2023)
2023-11-309ANSWER to Complaint by U.S. INTERNAL REVENUE SERVICE.(Carter, Kieran) (Entered: 11/30/2023)
2023-12-0110ORDER directing the parties to file a proposed schedule for the future course of these proceedings. See text of Order for details. Signed by Judge John D. Bates on 12/1/2023. (lcjdb2) (Entered: 12/01/2023)
2023-12-1511Joint STATUS REPORT by U.S. INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 12/15/2023)
2023-12-18MINUTE ORDER: Upon consideration of 11 the parties' joint status report, and the entire record herein, it is hereby ORDERED that defendant will process 800 pages of the estimated 4,000 potentially responsive pages of records per month; it is further ORDERED that defendant will make its first production of responsive, non-exempt records by not later than January 26, 2024 and will make subsequent productions on a rolling basis every thirty days thereafter; it is further ORDERED that defendant will provide plaintiffs with a letter at the time of each production stating the number of pages processed since the previous production; and it is further ORDERED that the parties shall file a joint status report informing the Court as to the status of document processing and production, including the number of pages processed by defendant, by not later than January 26, 2024, and then again every 60 days thereafter on an ongoing basis. SO ORDERED. Signed by Judge John D. Bates on 12/18/2023. (lcjdb2) (Entered: 12/18/2023)
2024-01-2612Joint STATUS REPORT by U.S. INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 01/26/2024)
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by FOIA Project Staff
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