Case Detail

FOIA Project Annotation: A federal court in California has ruled that the IRS must disclose nine Form 990s for tax exempt organizations in the Modernized E-file format requested by Public.Resource.org., the form in which the agency receives 990s, because the agency has not shown that such a release would be an undue burden. Public.Resource.org requested the nine 990 forms in MeF format, but because the agency redacts certain exempt information from the forms before disclosing them, it converts the MeF format into TIF format for public disclosure. The IRS argued that the Form 990s were not readily or reasonably available because it would need to develop a new protocol at an estimated cost of $6200 to produce the redacted Form 990s in MeF format. Public.Resource.org argued that disclosure in the MeF format would enhance the public's ability to review and study the data contained in Form 990s. Judge William Orrick framed the issue as "whether the fact that the IRS would need to spend $6200 to develop protocols and train staff to be able to redact exempt information from the Form 990s at issue in the MeF format before the non-exempt information is produced means those Form 990s are not 'readily producible' as a matter of law under FOIA. In making that determination, I consider not only the fact that Form 990s are currently maintained in MeF, but also the purported burden the IRS would face if required to produce the requested nine Form 990s in MeF format after redacting exempt information." The IRS pointed out that its funding was hard hit by the recent sequestration. But Orrick observed that "the fact that an agency may be under significant financial distress because it is underfunded does not excuse an agency's duty to comply with the FOIA. There is no evidence that the general business of the IRS or even the business of the IRS employees tasked with responding to FOIA requests will be significantly burdened or affected by fulfilling Public.Resource.org's request for production of nine Form 990s in MeF." Orrick pointed out that "that the IRS will have to develop new protocols and train staff to respond to Public.Resource.org's request does not somehow excuse its need to comply with E-FOIA. If that was a valid excuse, anytime there was a request for production in a format that the agency has not accommodated before, the agency could argue undue burden. To the contrary, in enacting E-FOIA, Congress expressly recognized that new and changing technology could improve both agency FOIA compliance and public access to government information, and as such, Congress demanded that agencies act proactively to enhance public access to and use of government information." The IRS argued Public.Resource.org's request was unique. But Orrick noted that "it seems likely that Public.Resource.org's request for production in MeF is 'unique' because the IRS by its own admission requires requesters to [use the format preferred by the IRS]. . .The IRS cannot defeat Public.Resource.org's request for disclosure of information in the MeF format by relying on its own prior practices that are inconsistent with the E-FOIA amendments." Orrick added that "the record demonstrates that if the IRS were to comply with additional requests for production of Form 990s in MeF, the costs would be significantly less than for these initial nine requested by Public.Resource.org."
Issues: Choice of format - Burdensome

Date Filed	Doc #	Docket Text
2013-06-18	1	COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF FOR VIOLATIONS OF THE ADMINISTRATIVE PROCEDURE AND FREEDOM OF INFORMATION ACTS; against United States Internal Revenue Service ( Filing fee $ 400.00, receipt number 34611087898.). Filed byPublic.Resource.org. (Attachments: # 1 Civil Cover Sheet)(aaa, COURT STAFF) (Filed on 6/18/2013) (Additional attachment(s) added on 6/16/2015: # 2 Receipt) (aaa, COURT STAFF). (Entered: 06/19/2013)
2013-06-18	2	ADR SCHEDULING ORDER: Case Management Statement due by 9/4/2013. Case Management Conference set for 9/11/2013 10:00 AM. Signed by Magistrate Judge Nathanael M. Cousins on 6/18/13. (Attachments: # 1 NC Standing Order, # 2 Standing Order)(aaa, COURT STAFF) (Filed on 6/18/2013) (Entered: 06/19/2013)
2013-06-18	3	Summons Issued as to United States Internal Revenue Service. (aaa, COURT STAFF) (Filed on 6/18/2013) (Entered: 06/19/2013)
2013-06-25	4	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-7800387.) filed by Public.Resource.org. (Halperin, David) (Filed on 6/25/2013) (Entered: 06/25/2013)
2013-06-28	5	Order by Magistrate Judge Nathanael M. Cousins granting 4 Motion for Pro Hac Vice. (nclc1S, COURT STAFF) (Filed on 6/28/2013) (Entered: 06/28/2013)
2013-07-03	6	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Public.Resource.org.. (Burke, Thomas) (Filed on 7/3/2013) (Entered: 07/03/2013)
2013-07-08	7	CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (lmh, COURT STAFF) (Filed on 7/8/2013) (Entered: 07/08/2013)
2013-07-09	8	ORDER REASSIGNING CASE. Case reassigned to Judge Hon. William H. Orrick for all further proceedings. Magistrate Judge Nathanael M. Cousins no longer assigned to the case. Signed by Executive Committee on 7/9/13. (sv, COURT STAFF) (Filed on 7/9/2013) (Entered: 07/09/2013)
2013-07-09	9	CLERKS NOTICE - Case Management Conference set for 9/17/2013 02:00 PM in Courtroom 12, 19th Floor, San Francisco before Hon. William H. Orrick. This is a text only docket entry; there is no document associated with this notice. (jmdS, COURT STAFF) (Filed on 7/9/2013) (Entered: 07/09/2013)
2013-07-11	10	CASE MANAGEMENT CONFERENCE ORDER. Signed by Judge William H. Orrick on 07/11/2013. (jmdS, COURT STAFF) (Filed on 7/11/2013) (Entered: 07/11/2013)
2013-07-12	11	CERTIFICATE OF SERVICE by Public.Resource.org re 10 Order (Burke, Thomas) (Filed on 7/12/2013) (Entered: 07/12/2013)
2013-07-23	12	STIPULATION REGARDING EXTENSION OF TIME TO ANSWER filed by United States Internal Revenue Service. (Sanders, Christopher) (Filed on 7/23/2013) (Entered: 07/23/2013)
2013-07-24	13	ORDER GRANTING EXTENSION OF TIME TO ANSWER re 12 Stipulation. The United States shall have until and including September 3, 2013, to answer or otherwise respond to the complaint filed in this matter. Signed by Judge William H. Orrick on 07/24/2013. (jmdS, COURT STAFF) (Filed on 7/24/2013) (Entered: 07/24/2013)
2013-09-03	14	MOTION to Dismiss filed by United States Internal Revenue Service. Motion Hearing set for 10/9/2013 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Responses due by 9/17/2013. Replies due by 9/24/2013. (Attachments: # 1 Proposed Order)(Sanders, Christopher) (Filed on 9/3/2013) (Entered: 09/03/2013)
2013-09-10	15	STIPULATION WITH PROPOSED ORDER re 14 MOTION to Dismiss , 10 Order Stipulation and [Proposed] Order Rescheduling Initial Case Management Conference and Hearing and Briefing Re Defendant's Motion to Dismiss filed by Public.Resource.org. (Burke, Thomas) (Filed on 9/10/2013) (Entered: 09/10/2013)
2013-09-11	16	STIPULATION AND ORDER RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE AND HEARING AND BRIEFING RE DEFENDANTS MOTION TO DISMISS - Motion Hearing re 14 Motion to Dismiss set for 10/23/2013 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Response in opposition due by 9/30/2013. Reply due by 10/7/2013. Signed by Judge William H. Orrick on 09/11/2013. The Initial Case Management Conference scheduled September 17, 2013, is rescheduled for November 19, 2013 at 2:00 p.m. (jmdS, COURT STAFF) (Filed on 9/11/2013) Modified on 10/16/2013 to include rescheduled CMC date (jmdS, COURT STAFF). (Entered: 09/11/2013)
2013-09-30	17	RESPONSE (re 14 MOTION to Dismiss ) Plaintiff Public.Resource.Org's Opposition to Motion to Dismiss filed byPublic.Resource.org. (Burke, Thomas) (Filed on 9/30/2013) (Entered: 09/30/2013)
2013-10-01	18	MOTION AND [PROPOSED] ORDER for leave to appear in Pro Hac Vice for Ronald G. London ( Filing fee $ 305, receipt number 0971-8046056.) filed by Public.Resource.org. (Burke, Thomas) (Filed on 10/1/2013) Modified on 10/2/2013 (aaaS, COURT STAFF). (Entered: 10/01/2013)
2013-10-04	19	ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE by Judge William H. Orrick granting 18 Motion for Pro Hac Vice by Ronald G. London. (jmdS, COURT STAFF) (Filed on 10/4/2013) (Entered: 10/04/2013)
2013-10-04	20	STIPULATION WITH PROPOSED ORDER re 17 Opposition/Response to Motion, 14 MOTION to Dismiss STIPULATION AND [PROPOSED] ORDER RESCHEDULING REPLY BRIEF DEADLINE ON DEFENDANTS MOTION TO DISMISS filed by United States Internal Revenue Service. (Gelblum, Yonatan) (Filed on 10/4/2013) (Entered: 10/04/2013)
2013-10-07	21	SUMMONS Returned Executed by Public.Resource.org. United States Internal Revenue Service served on 6/20/2013, answer due 7/11/2013. (Burke, Thomas) (Filed on 10/7/2013) (Entered: 10/07/2013)
2013-10-15	22	STIPULATION AND ORDER RESCHEDULING REPLY BRIEF DEADLINE ON DEFENDANT'S MOTION TO DISMISS re 20 STIPULATION WITH PROPOSED ORDER. The hearing date for the motion to dismiss is off calendar. Defendant shall renotice the hearing for a date not less than two weeks after a reply brief is filed. Signed by Judge William H. Orrick on 10/15/2013. (jmdS, COURT STAFF) (Filed on 10/15/2013) (Entered: 10/16/2013)
2013-10-16		Reset Hearing - Case Management Conference set for 11/19/2013 02:00 PM in Courtroom 2, 17th Floor, San Francisco. (per 16 Stipulation and Order) (jmdS, COURT STAFF) (Filed on 10/16/2013) (Entered: 10/16/2013)
2013-10-25	23	REPLY (re 14 MOTION to Dismiss ) filed byUnited States Internal Revenue Service. (Attachments: # 1 Certificate/Proof of Service)(Gelblum, Yonatan) (Filed on 10/25/2013) (Entered: 10/25/2013)
2013-10-25	24	Renotice motion hearing re 20 STIPULATION WITH PROPOSED ORDER re 17 Opposition/Response to Motion, 14 MOTION to Dismiss STIPULATION AND [PROPOSED] ORDER RESCHEDULING REPLY BRIEF DEADLINE ON DEFENDANTS MOTION TO DISMISS , 14 MOTION to Dismiss filed byUnited States Internal Revenue Service. Motion Hearing set for 12/18/2013 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Responses due by 9/30/2013. Replies due by 10/25/2013. (Attachments: # 1 Certificate/Proof of Service)(Related document(s) 20 , 14 ) (Gelblum, Yonatan) (Filed on 10/25/2013) (Entered: 10/25/2013)
2013-10-30	25	ADR Clerks Notice re: Non-Compliance with Court Order. (tjs, COURT STAFF) (Filed on 10/30/2013) (Entered: 10/30/2013)
2013-11-12	26	NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Burke, Thomas) (Filed on 11/12/2013) (Entered: 11/12/2013)
2013-11-12	27	ADR Clerk's Notice Setting ADR Phone Conference on 11/15/2013 at 10:00 a.m. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (cmf, COURT STAFF) (Filed on 11/12/2013) (Entered: 11/12/2013)
2013-11-14	28	STIPULATION WITH PROPOSED ORDER Rescheduling Initial Case Management Conference filed by Public.Resource.org. (Burke, Thomas) (Filed on 11/14/2013) (Entered: 11/14/2013)
2013-11-14	29	STIPULATION AND ORDER RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE re 28 STIPULATION WITH PROPOSED ORDER. Case Management Conference is reset for 12/18/2013 02:00 PM in Courtroom 2, 17th Floor, San Francisco (to follow hearing on motion to dismiss). Signed by Judge William H. Orrick on 11/14/2013. (jmdS, COURT STAFF) (Filed on 11/14/2013) (Entered: 11/14/2013)
2013-11-15		ADR Remark: ADR Phone Conference held 11/15/2013 with Howard Herman, ADR Program Director. Further ADR Phone Conference scheduled for 11/19/2013 at 10:30 a.m. Call-in information remains the same.(cmf, COURT STAFF) (Filed on 11/15/2013) (Entered: 11/18/2013)
2013-11-20		ADR Remark: ADR Phone Conference held 11/15/2013 and 11/19/2013 by Howard Herman, ADR Program Director. (cmf, COURT STAFF) (Filed on 11/20/2013) (Entered: 11/20/2013)
2013-11-27	30	STIPULATION WITH PROPOSED ORDER Rescheduling Hearing on Defendant's Motion to Dismiss and Initial Case Management Conference filed by Public.Resource.org. (Burke, Thomas) (Filed on 11/27/2013) (Entered: 11/27/2013)
2013-12-02	31	Order by Hon. William H. Orrick granting as modified 30 Stipulation. The parties shall re-calendar the Motion To Dismiss and Case Management Conference for hearing no later than March 19, 2014 on a Wednesday law and motion calendar if the mediation does not result in settlement, or shall notify the Court immediately if settlement is reached.(jmdS, COURT STAFF) (Filed on 12/2/2013) (Entered: 12/02/2013)
2013-12-09		Set/Reset Hearing - Case Management Conference and Motion Hearing previously set for 12/18/2013 VACATED. (jmdS, COURT STAFF) (Filed on 12/9/2013) (Entered: 12/09/2013)
2013-12-12		CASE REFERRED to ADR Program for Mediation 31 . (af, COURT STAFF) (Filed on 12/12/2013) (Entered: 12/12/2013)
2013-12-18	32	ADR Clerk's Notice Appointing Stephen Liacouras as Mediator. (cmf, COURT STAFF) (Filed on 12/18/2013) (Entered: 12/18/2013)
2014-02-10	33	CERTIFICATION OF MEDIATION Session dated 2/10/2014 by Mediator, Stephen Liacouras; Mediation session held 1/24/2014; Further telephonic mediation session held 2/10/2014; Further telephonic mediation session scheduled for 3/5/2014 at 11:00 AM. (cmf, COURT STAFF) (Filed on 2/10/2014) (Entered: 02/10/2014)
2014-02-10		Set/Reset Hearing Mediation Hearing set for 3/5/2014 at 11:00 AM. (cmf, COURT STAFF) (Filed on 2/10/2014) (Entered: 02/10/2014)
2014-03-05	34	CERTIFICATION OF MEDIATION Session dated 3/5/2014 by Mediator, Stephen Liacouras; Further telephonic mediation session held 3/5/2014; Further telephonic mediation session scheduled for 4/1/2014 at 11:30 AM. (cmf, COURT STAFF) (Filed on 3/5/2014) (Entered: 03/05/2014)
2014-03-17	35	STIPULATION WITH PROPOSED ORDER Rescheduling Hearing on Defendant's Motion to Dismiss and Initial Case Management Conference filed by Public.Resource.org. (Burke, Thomas) (Filed on 3/17/2014) (Entered: 03/17/2014)
2014-03-18	36	STIPULATION AND ORDER RESCHEDULING HEARING ON DEFENDANT'S MOTION TO DISMISS AND INITIAL CASE MANAGEMENT CONFERENCE by Hon. William H. Orrick granting (with modifications) 35 Stipulation. Unless the parties notify the Court that a settlement has been reached, hearing on the Motion to Dismiss and the Initial Case Management Conference shall occur on June 18, 2014. The parties shall file a Joint Case Management Statement no later than June 11, 2014, setting forth, among other matters, a proposed case management schedule. (jmdS, COURT STAFF) (Filed on 3/18/2014) (Entered: 03/18/2014)
2014-04-16		POSTED IN ERROR - PLEASE DISREGARD CASE REASSIGNED to the Honorable James Donato, United States District Judge. All parties must review the reassignment order posted at http://cand.uscourts.gov/orders/jd-order.pdf and comply with its requirements, including submitting a case management statement. This is a text only docket entry. The reassignment order associated with this notice may be viewed at http://cand.uscourts.gov/orders/jd-order.pdf Case Management Statement due by 5/1/2014.. Signed by Executive Committee on 4/16/2014. (hdjS, COURT STAFF) (Filed on 4/16/2014) Modified on 4/16/2014 (wv, COURT STAFF). (Entered: 04/16/2014)
2014-05-08	37	CERTIFICATION OF MEDIATION Session dated 5/8/2014 by Mediator, Stephen Liacouras; Further telephonic mediation session held 4/1/2014; Case did not settle; Mediation process is complete. (cmf, COURT STAFF) (Filed on 5/8/2014) (Entered: 05/08/2014)
2014-05-19		Set/Reset Deadlines/Hearings: Case Management Statement due by 6/11/2014. Case Management Conference set for 6/18/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Motion Hearing as to 14 MOTION to Dismiss set for 6/18/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. (jmdS, COURT STAFF) (Filed on 5/19/2014) (Entered: 05/19/2014)
2014-06-11	38	CASE MANAGEMENT STATEMENT Joint Case Management Statement filed by Public.Resource.org. (Burke, Thomas) (Filed on 6/11/2014) (Entered: 06/11/2014)
2014-06-11	39	Certificate of Interested Entities by Public.Resource.org (Burke, Thomas) (Filed on 6/11/2014) (Entered: 06/11/2014)
2014-06-11	40	NOTICE of Appearance by Daniel A. Laidman as Co-Counsel for Plaintiff Public.Resource.Org (Laidman, Daniel) (Filed on 6/11/2014) (Entered: 06/11/2014)
2014-06-18	41	Minute Entry: Motion Hearing held on 6/18/2014 before William H. Orrick re 14 MOTION to Dismiss. The parties are directed to meet and confer regarding the briefing schedule for the motions and to submit a proposed schedule within ten (10) days. (Court Reporter FTR 1:58-2:18) (jmdS, COURT STAFF) (Date Filed: 6/18/2014) (Entered: 06/18/2014)
2014-06-20	42	ORDER DENYING DEFENDANT'S MOTION TO DISMISS by Hon. William H. Orrick denying 14 Motion to Dismiss. (jmdS, COURT STAFF) (Filed on 6/20/2014) (Entered: 06/20/2014)
2014-07-02	43	NOTICE by Public.Resource.org re 41 Motion Hearing, PROPOSED BRIEFING SCHEDULE (Burke, Thomas) (Filed on 7/2/2014) (Entered: 07/02/2014)
2014-07-29	44	NOTICE by United States Internal Revenue Service re 43 Notice (Other) Joint Revised Proposed Briefing Schedule (Gelblum, Yonatan) (Filed on 7/29/2014) (Entered: 07/29/2014)
2014-08-01	45	ANSWER to 1 Complaint byUnited States Internal Revenue Service. (Gelblum, Yonatan) (Filed on 8/1/2014) Modified on 8/4/2014 (aaaS, COURT STAFF). (Entered: 08/01/2014)
2014-08-13	46	MOTION for Summary Judgment filed by United States Internal Revenue Service. Motion Hearing set for 1/7/2015 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Responses due by 9/29/2014. Replies due by 10/29/2014. (Attachments: # 1 Proposed Order, # 2 Declaration of A. Leach, # 3 Declaration of D. Higley, # 4 Declaration of D. Ross, # 5 Declaration of J. Archibald, # 6 Declaration of L. Rosenmerkel, # 7 Declaration of M. Hooke, # 8 Declaration of U. Gillis, # 9 Exhibit 101, # 10 Exhibit 102, # 11 Exhibit 103, # 12 Exhibit 104, # 13 Exhibit 105, # 14 Exhibit 106, # 15 Exhibit 107)(Gelblum, Yonatan) (Filed on 8/13/2014) (Entered: 08/13/2014)
2014-09-29	47	MOTION for Summary Judgment Plaintiff Public.Resource.Org's Consolidated Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by Public.Resource.org. Motion Hearing set for 1/7/2015 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Responses due by 10/29/2014. Replies due by 12/05/2014. (Attachments: # 1 Proposed Order)(Burke, Thomas) (Filed on 9/29/2014) Modified on 10/1/2014 to revise response and reply dates (jmdS, COURT STAFF). (Entered: 09/29/2014)
2014-09-29	48	Declaration of Carl Malamud in Support of 47 MOTION for Summary Judgment Plaintiff Public.Resource.Org's Consolidated Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed byPublic.Resource.org. (Attachments: # 1 Exhibit A)(Related document(s) 47 ) (Burke, Thomas) (Filed on 9/29/2014) (Entered: 09/29/2014)
2014-09-29	49	Declaration of Beth Simone Noveck in Support of 47 MOTION for Summary Judgment Plaintiff Public.Resource.Org's Consolidated Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed byPublic.Resource.org. (Attachments: # 1 Exhibit A)(Related document(s) 47 ) (Burke, Thomas) (Filed on 9/29/2014) (Entered: 09/29/2014)
2014-09-29	50	Declaration of Scott Klein in Support of 47 MOTION for Summary Judgment Plaintiff Public.Resource.Org's Consolidated Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed byPublic.Resource.org. (Related document(s) 47 ) (Burke, Thomas) (Filed on 9/29/2014) (Entered: 09/29/2014)
2014-09-29	51	Declaration of Ken Berger in Support of 47 MOTION for Summary Judgment Plaintiff Public.Resource.Org's Consolidated Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed byPublic.Resource.org. (Related document(s) 47 ) (Burke, Thomas) (Filed on 9/29/2014) (Entered: 09/29/2014)
2014-09-29	52	Declaration of Kendall Taggart in Support of 47 MOTION for Summary Judgment Plaintiff Public.Resource.Org's Consolidated Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed byPublic.Resource.org. (Related document(s) 47 ) (Burke, Thomas) (Filed on 9/29/2014) (Entered: 09/29/2014)
2014-09-29	53	Declaration of Peter Skomoroch in Support of 47 MOTION for Summary Judgment Plaintiff Public.Resource.Org's Consolidated Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed byPublic.Resource.org. (Related document(s) 47 ) (Burke, Thomas) (Filed on 9/29/2014) (Entered: 09/29/2014)
2014-09-29	54	Declaration of Clay Johnson in Support of 47 MOTION for Summary Judgment Plaintiff Public.Resource.Org's Consolidated Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed byPublic.Resource.org. (Related document(s) 47 ) (Burke, Thomas) (Filed on 9/29/2014) (Entered: 09/29/2014)
2014-09-29	55	Declaration of Tim Bray in Support of 47 MOTION for Summary Judgment Plaintiff Public.Resource.Org's Consolidated Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed byPublic.Resource.org. (Related document(s) 47 ) (Burke, Thomas) (Filed on 9/29/2014) (Entered: 09/29/2014)
2014-10-01		Set/Reset Deadlines as to 46 MOTION for Summary Judgment per 44 Briefing Schedule. Responses due by 10/29/2014. Replies due by 12/5/2014. (jmdS, COURT STAFF) (Filed on 10/1/2014) (Entered: 10/01/2014)
2014-10-29	56	RESPONSE (re 46 MOTION for Summary Judgment , 47 MOTION for Summary Judgment Plaintiff Public.Resource.Org's Consolidated Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment ) (Opposition and Reply) filed byUnited States Internal Revenue Service. (Attachments: # 1 Proposed Order, # 2 Affidavit Second Declaration of D. Ross, # 3 Affidavit Second Declaration of L. Rosenmerkel)(Gelblum, Yonatan) (Filed on 10/29/2014) (Entered: 10/29/2014)
2014-11-13	57	STIPULATION WITH PROPOSED ORDER re 46 MOTION for Summary Judgment , 47 MOTION for Summary Judgment Plaintiff Public.Resource.Org's Consolidated Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment Stipulation and Proposed Order Rescheduling Hearing to January 14, 2015 filed by United States Internal Revenue Service. (Gelblum, Yonatan) (Filed on 11/13/2014) (Entered: 11/13/2014)
2014-11-18	58	ORDER AND ORDER RESCHEDULING HEARING ON PARTIES' CROSS-MOTIONS FOR SUMMARY JUDGMENT granting 57 STIPULATION WITH PROPOSED ORDER. Hearing re 46 , 47 MOTION for Summary Judgment continued to 1/14/2015 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Signed by Judge William H. Orrick on 11/18/2014. (jmdS, COURT STAFF) (Filed on 11/18/2014) (Entered: 11/18/2014)
2014-12-05	59	REPLY (re 47 MOTION for Summary Judgment Plaintiff Public.Resource.Org's Consolidated Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment ) REPLY IN SUPPORT OF PLAINTIFF PUBLIC.RESOURCE.ORG'S CROSS-MOTION FOR SUMMARY JUDGMENT filed byPublic.Resource.org. (Burke, Thomas) (Filed on 12/5/2014) (Entered: 12/05/2014)
2015-01-14	60	Minute Entry for proceedings held before Hon. William H. Orrick: Motion Hearing held on 1/14/2015 re 46 MOTION for Summary Judgment filed by United States Internal Revenue Service and 47 MOTION for Summary Judgment by Plaintiff Public.Resource. Corrected declaration of Dwayne Ross to be filed by defense within one week. Motions taken under submission; written order to follow. Court Reporter: FTR 2:05-2:21. Plaintiff Attorney Thomas Burke. Defendant Attorney Yonatan Gelblum. (jmdS, COURT STAFF) (Date Filed: 1/14/2015) (Entered: 01/14/2015)
2015-01-21	61	ERRATA re 56 Opposition/Response to Motion,, Corrected Declaration of Dwayne Ross by United States Internal Revenue Service. (Gelblum, Yonatan) (Filed on 1/21/2015) (Entered: 01/21/2015)
2015-01-29	62	ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT by Judge William H. Orrick denying 46 Motion for Summary Judgment; granting 47 Motion for Summary Judgment. the IRSs motion for summary judgment is DENIED and Public.Resource.orgs motion for summary judgment is GRANTED. The government shall produce the requested nine form 990s in the MeF format within sixty days of the date of this Order. (jmdS, COURT STAFF) (Filed on 1/29/2015) (Entered: 01/29/2015)
2015-01-29	63	JUDGMENT. Signed by Judge William H. Orrick on 01/29/2015. (jmdS, COURT STAFF) (Filed on 1/29/2015) (Entered: 01/29/2015)
2015-02-09	64	STIPULATION WITH PROPOSED ORDER EXTENDING PLAINTIFF'S TIME TO MOVE TO RECOVER ATTORNEYS' FEES AND COSTS filed by Public.Resource.org. (Burke, Thomas) (Filed on 2/9/2015) (Entered: 02/09/2015)
2015-02-10	65	***PLEASE DISREGARD - INCORRECT DOCUMENT IMAGE ATTACHED*** STIPULATION AND ORDER EXTENDING PLAINTIFF'S TIME TO MOVE TO RECOVER ATTORNEYS' FEES AND COSTS by Hon. William H. Orrick granting 64 Stipulation. Plaintiff's deadline to file a motion to recover attorneys fees and costs shall be extended until March 16, 2015. (jmdS, COURT STAFF) (Filed on 2/10/2015) Modified on 2/10/2015 (jmdS, COURT STAFF). (Entered: 02/10/2015)
2015-02-10	66	STIPULATION AND ORDER EXTENDING PLAINTIFF'S TIME TO MOVE TO RECOVER ATTORNEYS FEES AND COSTS re 64 STIPULATION. Plaintiff's deadline to file a motion to recover attorneys fees and costs shall be extended until March 16, 2015. Signed by Judge William H. Orrick on 02/10/2015. (jmdS, COURT STAFF) (Filed on 2/10/2015) (Entered: 02/10/2015)
2015-03-09	67	STIPULATION WITH PROPOSED ORDER re 66 Order, Second Stipulation and [Proposed] Order Extending Plaintiff's Time to Move to Recover Attorneys' Fees and Costs filed by Public.Resource.org. (Burke, Thomas) (Filed on 3/9/2015) (Entered: 03/09/2015)
2015-03-09	68	ORDER EXTENDING PLAINTIFF'S TIME TO MOVE TO RECOVER ATTORNEYS' FEES AND COSTS by Hon. William H. Orrick granting 67 Stipulation. (jmdS, COURT STAFF) (Filed on 3/9/2015) (Entered: 03/09/2015)
2015-03-23	69	Letter from Thomas R. Burke to Hon. William H. Orrick requesting publication in official reporter of Dkt 62 (Order granting plaintiff's Cross-Motion for Summary Judgment) . (Burke, Thomas) (Filed on 3/23/2015) (Entered: 03/23/2015)
2015-03-25	70	** CORRECTION: This is an order for hearings held on 6/18/14 (not 6/18/0201) and 1/14/15. ** TRANSCRIPT ORDER by United States Internal Revenue Service for Court Reporter FTR - San Francisco. (Sanders, Christopher) (Filed on 3/25/2015) Modified on 3/25/2015 (djc, COURT STAFF). (Entered: 03/25/2015)
2015-03-27	71	STIPULATION WITH PROPOSED ORDER Extending Defendant's Time to Produce Documents and Extending Plaintiff's Time to Move for Attorney's Fees filed by United States Internal Revenue Service. (Sanders, Christopher) (Filed on 3/27/2015) (Entered: 03/27/2015)
2015-03-30	72	ORDER EXTENDING DEFENDANT'S DEADLINE FOR PRODUCTION OF DOCUMENTS AND PLAINTIFF'S DEADLINE TO MOVE TO RECOVER ATTORNEYS' FEES AND COSTS by Hon. William H. Orrick granting 71 Stipulation. (jmdS, COURT STAFF) (Filed on 3/30/2015) (Entered: 03/30/2015)
2015-03-30	73	NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by United States Internal Revenue Service. Appeal of Judgment 63 , Order on Motion for Summary Judgment,,, 62 , Order on Motion to Dismiss 42 (Appeal fee FEE WAIVED.) (Sanders, Christopher) (Filed on 3/30/2015) (Additional attachment(s) added on 4/2/2015: # 1 USCA Number: 15-15607 ) (aaa, COURT STAFF). (Entered: 03/30/2015)
2015-04-02	74	USCA Case Number 15-15607 for 73 Notice of Appeal, filed by United States Internal Revenue Service. (aaa, COURT STAFF) (Filed on 4/2/2015) (Entered: 04/02/2015)
2015-04-02	75	Transcript of Proceedings of the official sound recroding held on 01/14/15, before Judge William H. Orrick. FTR/Transcriber Echo Reporting, Inc., Telephone number (858) 453-7590.;echoreporting@yahoo.com. Tape Number: FTR 2:05 - 2:21. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 70 Transcript Order, ) Redaction Request due 4/23/2015. Redacted Transcript Deadline set for 5/4/2015. Release of Transcript Restriction set for 7/1/2015. (Related documents(s) 70 ) (tgb, COURT STAFF) (Filed on 4/2/2015) (Entered: 04/02/2015)
2015-04-02	76	Transcript of Proceedings of the official sound recording held on 06/18/14, before Judge William H. Orrick. FTR/Transcriber Echo Reporting, Inc., Telephone number (858) 453-7590.;echoreporting@yahoo.com. Tape Number: FTR 1:58 - 2:18. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 70 Transcript Order, ) Redaction Request due 4/23/2015. Redacted Transcript Deadline set for 5/4/2015. Release of Transcript Restriction set for 7/1/2015. (Related documents(s) 70 ) (tgb, COURT STAFF) (Filed on 4/2/2015) (Entered: 04/02/2015)
2015-04-02	77	Transcript Designation Form for proceedings held on 6/18/14 and 1/14/15 before Judge William H. Orrick, (Sanders, Christopher) (Filed on 4/2/2015) (Entered: 04/02/2015)
2015-04-22	78	STIPULATION WITH PROPOSED ORDER Extending Plaintiff's Time to Move for Attorney's Fees filed by United States Internal Revenue Service. (Sanders, Christopher) (Filed on 4/22/2015) (Entered: 04/22/2015)
2015-04-23	79	Order by Hon. William H. Orrick granting 78 Stipulation Extending Plaintiff's Deadline to Move to Recover Attorneys' Fees and Costs. (jmdS, COURT STAFF) (Filed on 4/23/2015) (Entered: 04/23/2015)
2015-05-05	80	MOTION to Stay re 62 Order on Motion for Summary Judgment,,, 72 Order on Stipulation filed by United States Internal Revenue Service. Motion Hearing set for 6/10/2015 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Responses due by 5/19/2015. Replies due by 5/26/2015. (Attachments: # 1 Proposed Order)(Sanders, Christopher) (Filed on 5/5/2015) (Entered: 05/05/2015)
2015-05-12	81	RESPONSE (re 80 MOTION to Stay re 62 Order on Motion for Summary Judgment,,, 72 Order on Stipulation ) PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION FOR STAY PENDING APPEAL filed byPublic.Resource.org. (Burke, Thomas) (Filed on 5/12/2015) (Entered: 05/12/2015)
2015-05-18	82	TRANSCRIPT ORDER by Public.Resource.org for Court Reporter FTR - San Francisco. (Burke, Thomas) (Filed on 5/18/2015) (Entered: 05/18/2015)
2015-05-28	83	MOTION for Extension of Time to File PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO MOVE TO RECOVER ATTORNEYS' FEES AND COSTS filed by Public.Resource.org. (Attachments: # 1 Declaration Declaration of Thomas R. Burke, # 2 Proposed Order)(Burke, Thomas) (Filed on 5/28/2015) (Entered: 05/28/2015)
2015-06-01	84	Order by Hon. William H. Orrick granting 83 Motion for Extension of Time to File. Public.Resource's deadline to file a motion to recover attorneys' fees and costs is extended until August 4, 2015. (jmdS, COURT STAFF) (Filed on 6/1/2015) (Entered: 06/01/2015)
2015-06-02	85	CLERK'S NOTICE OF CHANGE IN COURTROOM - Motion Hearing as to 80 MOTION to Stay set for 6/10/2015 02:00 PM will be conducted in Courtroom 12, 19th Floor, San Francisco before Hon. William H. Orrick. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmdS, COURT STAFF) (Filed on 6/2/2015) (Entered: 06/02/2015)
2015-06-08	86	Notice of Withdrawal of 80 Motion for Stay Pending Appeal (Sanders, Christopher) (Filed on 6/8/2015) Modified on 6/9/2015 (aaaS, COURT STAFF). (Entered: 06/08/2015)
2015-06-08	87	CLERK'S NOTICE: Pursuant to the 86 Notice of Withdrawal of Motion for Stay Pending Appeal, the motion hearing previously scheduled for 6/10/2015 at 2:00 p.m. is hereby vacated. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Filed on 6/8/2015) (Entered: 06/08/2015)
2015-07-02	88	ORDER of USCA : Appellant's motion to voluntarily dismiss this appeal is granted. A copy of this order shall serve as and for the mandate of this court. FOR THE COURT; as to 73 Notice of Appeal, filed by United States Internal Revenue Service (aaa, COURT STAFF) (Filed on 7/2/2015) (Entered: 07/02/2015)
2015-07-02	89	CLERK'S Letter Spreading Mandate to Counsel RE 88 USCA Order(aaa, COURT STAFF) (Filed on 7/2/2015) (Entered: 07/02/2015)
2015-07-23	90	NOTICE of Substitution of Counsel by Stephen Shuching Ho (Ho, Stephen) (Filed on 7/23/2015) (Entered: 07/23/2015)
2015-07-29	91	MOTION for Attorney Fees filed by Public.Resource.org. Motion Hearing set for 9/16/2015 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Responses due by 8/12/2015. Replies due by 8/19/2015. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Declaration, # 5 Proposed Order)(Burke, Thomas) (Filed on 7/29/2015) (Entered: 07/29/2015)
2015-08-12	92	RESPONSE (re 91 MOTION for Attorney Fees ) Defendant's Opposition filed byUnited States Internal Revenue Service. (Ho, Stephen) (Filed on 8/12/2015) (Entered: 08/12/2015)
2015-08-19	93	NOTICE of Appearance by Diana Palacios As Co-Counsel for Plaintiff Public.Resource.Org (Palacios, Diana) (Filed on 8/19/2015) (Entered: 08/19/2015)
2015-08-19	94	REPLY (re 91 MOTION for Attorney Fees ) IN SUPPORT OF PUBLIC.RESOURCE.ORG.'S MOTION FOR ATTORNEYS' FEES AND COSTS; SUPPLEMENTAL DECLARATION OF THOMAS R. BURKE WITH EXHIBIT C filed byPublic.Resource.org. (Attachments: # 1 Declaration, # 2 Exhibit C)(Burke, Thomas) (Filed on 8/19/2015) (Entered: 08/19/2015)
2015-08-26	95	MOTION for Leave to File Sur-Reply in Opposition to Plaintiff's Motion for Attorneys' Fees filed by United States Internal Revenue Service. (Attachments: # 1 Declaration of Stephen S. Ho, # 2 Exhibit A - Proposed Sur-Reply, # 3 Proposed Order)(Ho, Stephen) (Filed on 8/26/2015) (Entered: 08/26/2015)
2015-09-11	96	CLERK'S NOTICE - The hearing as to 91 Motion for Attorney's Fees set for 9/16/2015 is VACATED. Per Civil L.R. 7-1(b), the Court has determined that this motion is appropriate for determination without oral argument. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmdS, COURT STAFF) (Filed on 9/11/2015) (Entered: 09/11/2015)
2015-11-20	97	ORDER ON MOTION FOR ATTORNEY'S FEES by Judge William H. Orrick granting 91 Motion for Attorney Fees and granting 95 Motion for Leave to File. (jmdS, COURT STAFF) (Filed on 11/20/2015) (Entered: 11/20/2015)
Hide Docket Events