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Case TitleLetterese v. Internal Revenue Service
DistrictSouthern District of Florida
CityFt Lauderdale
Case Number0:2014cv62076
Date Filed2014-09-10
Date Closed2015-01-13
JudgeJudge Beth Bloom
PlaintiffMr. Peter D Letterese
Case DescriptionPeter Letterese submitted a FOIA request to the Atlanta office of the IRS for records of an investigation pertaining to him. He was told that copies of the records would cost $5,980 in paper form. Letterese then requested the records in electronic format. After repeated failed attempts to access the records from the CDs provided by the agency, Letterese asked the agency to provide a Vaughn index of the records. The agency told Letterese it was not required to provide a Vaughn index and Letterese filed suit.
Complaint issues: Litigation - Vaughn index, Litigation - Attorney's fees, Choice of format

DefendantInternal Revenue Service
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-09-101COMPLAINT against Internal Revenue Service. Filing fees $ 400.00 receipt number 113C-7061491, filed by Peter D Letterese. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(McCarthy, William) (Entered: 09/10/2014)
2014-09-102Judge Assignment to Judge Beth Bloom (ail) (Entered: 09/10/2014)
2014-09-163First AMENDED COMPLAINT against Internal Revenue Service, filed by Peter D Letterese. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(McCarthy, William) (Entered: 09/16/2014)
2014-09-294NOTICE of Filing Proposed Summons(es) by Peter D Letterese re 3 Amended Complaint, filed by Peter D Letterese (Attachments: # 1 Summon(s), # 2 Summon(s), # 3 Summon(s)) (McCarthy, William) (Entered: 09/29/2014)
2014-09-305Summons Issued as to U.S. Attorney (tpl) (Entered: 09/30/2014)
2014-09-306Summons Issued as to U.S. Attorney General (tpl) (Entered: 09/30/2014)
2014-09-307Summons Issued as to Internal Revenue Service (tpl) (Entered: 09/30/2014)
2014-10-288NOTICE of Attorney Appearance by Stephanie Sasarak on behalf of Internal Revenue Service. Attorney Stephanie Sasarak added to party Internal Revenue Service(pty:dft). (Sasarak, Stephanie) (Entered: 10/28/2014)
2014-10-289First Unopposed MOTION for Extension of Time to File Answer RE: Complaints re 3 Amended Complaint, 1 Complaint, by Internal Revenue Service. (Attachments: # 1 Text of Proposed Order)(Sasarak, Stephanie) Modified title text on 10/29/2014 (asl). (Entered: 10/28/2014)
2014-10-2910PAPERLESS ORDER granting 9 Motion for Extension of Time to Respond to Complaint by Internal Revenue Service. Response due by 11/28/2014. Signed by Judge Beth Bloom (BB) (Entered: 10/29/2014)
2014-10-3011Order Requiring Scheduling Report and Certificates of Interested Parties -Joint Scheduling Report due by 11/21/2014. Signed by Judge Beth Bloom on 10/29/2014. (ls) (Entered: 10/30/2014)
2014-11-1012SUMMONS (Affidavit) Returned Executed by Peter D Letterese. Internal Revenue Service served on 10/9/2014, answer due 12/8/2014. (McCarthy, William) (Entered: 11/10/2014)
2014-11-1013SUMMONS (Affidavit) Returned Executed by Peter D Letterese. (McCarthy, William) (Entered: 11/10/2014)
2014-11-1014SUMMONS (Affidavit) Returned Executed by Peter D Letterese. (McCarthy, William) (Entered: 11/10/2014)
2014-11-2115Certificate of Interested Parties/Corporate Disclosure Statement by Peter D Letterese (McCarthy, William) (Entered: 11/21/2014)
2014-11-2116Unopposed MOTION for Extension of Time to file Joint Scheduling Report re 11 Order Requiring Joint Scheduling Report by Peter D Letterese. Responses due by 12/8/2014 (Attachments: # 1 Text of Proposed Order)(McCarthy, William) (Entered: 11/21/2014)
2014-11-2117PAPERLESS ORDER granting in part and denying in part 16 Motion for Extension of Time. Joint Scheduling Report to be filed by December 8, 2014. Signed by Judge Beth Bloom (BB) (Entered: 11/21/2014)
2014-11-2118Certificate of Interested Parties by Internal Revenue Service (Sasarak, Stephanie) (Entered: 11/21/2014)
2014-12-0419ORDER Requiring Response as to 1 Complaint, filed by Peter D Letterese, Internal Revenue Service response due 12/8/2014. Plaintiff's Motion for Entry of Clerk's Default due by 12/22/2014. Signed by Judge Beth Bloom on 12/4/2014. (ls) (Entered: 12/04/2014)
2014-12-0520Second Unopposed MOTION for Extension of Time To File Joint Scheduling Report re 17 Order on Motion for Extension of Time by Peter D Letterese. Responses due by 12/22/2014 (Attachments: # 1 Text of Proposed Order)(McCarthy, William) Modified title text on 12/5/2014 (asl). (Entered: 12/05/2014)
2014-12-0521PAPERLESS ORDER granting 20 Motion for Extension of Time until December 12, 2014. Signed by Judge Beth Bloom (BB) (Entered: 12/05/2014)
2014-12-0822First MOTION to Dismiss 3 Amended Complaint, 1 Complaint, , First MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, 3 Amended Complaint, , First MOTION TO DISMISS 1 Complaint, 3 Amended Complaint, FOR FAILURE TO STATE A CLAIM by Internal Revenue Service. Responses due by 12/26/2014 (Attachments: # 1 Text of Proposed Order)(Sasarak, Stephanie) (Entered: 12/08/2014)
2014-12-1023Unopposed MOTION to Withdraw as Attorney by William B. McCarthy. by Peter D Letterese. Responses due by 12/29/2014 (Attachments: # 1 Text of Proposed Order)(McCarthy, William) (Entered: 12/10/2014)
2014-12-1024PAPERLESS ORDER granting 23 Motion to Withdraw as Attorney. Attorney William Bernard McCarthy terminated. Plaintiff must obtain new counsel by December 30, 2014 or file a statement that he is proceeding pro se. Signed by Judge Beth Bloom (BB) (Entered: 12/10/2014)
2014-12-1225MOTION for Extension of Time to file joint scheduling order re 21 Order on Motion for Extension of Time by Internal Revenue Service. Responses due by 12/29/2014 (Sasarak, Stephanie) (Entered: 12/12/2014)
2014-12-1526ORDER granting 25 Motion for Extension of Time to File a Joint Scheduling Report. Re: 22 First MOTION to Dismiss 3 Amended Complaint, 1 Complaint, First MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, 3 Amended Complaint, First MOTION TO DISMISS 1 Complaint, 3 Amended Complaint, FOR FAILURE TO STATE A CLAIM filed by Internal Revenue Service. -Joint Scheduling Report due by 1/12/2015 Responses due by 1/12/2015. Signed by Judge Beth Bloom on 12/15/2014. (ls) (Entered: 12/15/2014)
2014-12-3027NOTICE of Attorney Appearance by Ira Laurence Zuckerman on behalf of Peter D Letterese. Attorney Ira Laurence Zuckerman added to party Peter D Letterese(pty:pla). (Zuckerman, Ira) (Entered: 12/30/2014)
2015-01-1228STIPULATION of Dismissal by Internal Revenue Service (Sasarak, Stephanie) (Entered: 01/12/2015)
2015-01-13Civil Case Terminated. Dismissed without prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). See ECF No. 28 . All pending motions are denied as moot. Any pending deadlines are terminated. Closing Case. (jke) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. (Entered: 01/13/2015)
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by FOIA Project Staff
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