Case Detail

FOIA Project Annotation: A federal court in New Hampshire has ruled that while the IRS properly withheld 51 pages from Citizens for a Strong New Hampshire under Exemption 3 (other statutes), it has not yet adequately explained its search for records concerning communications between two New Hampshire congressional members and high-ranking IRS officials. After the IRS was accused of treating applications for tax-exempt status from conservative political groups more stringently than other groups, the House of Representatives conducted an investigation. Various grass-roots conservative groups, like Citizens for a Strong New Hampshire, also filed FOIA requests for records concerning various aspects of the scandal. Citizens made its request in June 2014 asking for correspondence between Sen. Jeanne Shaheen (D-NH) and Rep. Ann McLane Kuster (D-NH) and the IRS and emphasizing that it needed the records in time to use them during the 2014 elections. The agency initially told Citizens it would be unable to meet the statutory deadline for responding. The IRS searched its Office of Legislative Affairs for relevant congressional correspondence and located 96 pages. The agency responded to Citizens' request on November 26, 2014, disclosing 41 pages in full and four pages with redactions. The agency withheld 51 pages under § 6103 after concluding that they involved return information of individual taxpayers. Citizens challenged the agency's first affidavit as inadequate and the IRS submitted a second affidavit describing a second search it conducted of records compiled during the congressional investigation. The second search found no records that were not already located by the first search. The court agreed with Citizens that the agency had not shown that its first search was adequate. The court noted that "even if read together. . .[the agency's] two declarations do not satisfy [the First Circuit's] deferential and undemanding standard." The court pointed out that the agency's first affidavit "does not fully describe the breadth of the correspondence that [the searched database] contains," nor does [the affidavit] "describe the search [conducted] in any detail." The court observed that "the second declaration only describes the second search; it does not shed further light on the first search, nor does the second declaration provide assurances that the two searches were likely to uncover all responsive documents." The court rejected Citizens' claim that failure to respond in time was grounds for automatically granting its summary judgment motion. The court pointed out that "by equating the agency's failure [to respond on time] with the requester's exhaustion of his administrative remedies, Congress evidenced an intent to entitle the requester to seek a remedy in the form of judicial relief. Such entitlement, however, cannot be read to automatically merit the entry of summary judgment in the requester's favor. Indeed, such a reading would effectuate an additional remedy beyond that which Congress expressly created." The court had agreed to review the 51 withheld documents in camera. After conducting such a review, the court agreed with the agency that all the withheld records contained tax return information protected under § 6103. After finding that neither party had made its case, the court observed that the existing situation led to "the potential for a most unusual occurrence: a FOIA trial." The court explained that it would "schedule a conference with the parties in order to discuss next steps. The parties should be prepared to discuss, among other topics, the scope and logistics of a trial, the need for discovery, and the prospects of settlement."
Issues: Exemption 3 - Limited agency discretion, Adequacy - Search

FOIA Project Annotation: A federal court in New Hampshire has ruled that Citizens for a Strong New Hampshire is not entitled to attorney's fees because it did not substantially prevail in its suit against the IRS. Citizens made a FOIA request to the IRS for correspondence between the agency and Sen. Jeanne Shaheen (D-NH) and Congresswoman Carol Shea-Porter (D-NH). About two months later the agency had located and processed responsive records, which were caught up in a queue for review by the Office of Chief Counsel. The IRS staffer responsible for the request contacted Citizens two months later in October 2014, indicating the responsive records were being reviewed, but could not provide any estimate as to when the records would be disclosed. Citizens filed suit a week later and the IRS disclosed 45 pages in full or in part, withholding 51 pages, a month after the suit was filed. The court ruled in favor of the agency's exemption claims, but ordered the agency to conduct a second search. The IRS conducted a second search but found no more records. Citizens then filed a motion for attorney's fees, claiming it had substantially prevailed. Finding Citizens did not substantially prevail, the court noted that "by producing evidence of the actions it took in response to Citizens' request, before Citizens filed suit, the IRS has demonstrated that Citizens' suit did not cause it to release the documents it provided Citizens. That means that the IRS's release of information did not make Citizens a prevailing party for purposes of [the statute]." Citizens contended that it had succeeded in forcing the agency to conduct a second search. Rejecting that claim, the court pointed out that "the IRS's supplemental search in this case resulted in the identification of no responsive documents, which militates against a conclusion that the IRS's initiation of that search made Citizens a substantially prevailing party. . . [B]ecause the IRS's supplemental search did not result in the production of any records beyond those identified by its initial search, the mere fact that the IRS conducted the supplemental search does not make Citizens a prevailing party for purposes of [the statute]."
Issues: Litigation - Attorney's fees - Prevailing party

Date Filed	Doc #	Docket Text
2014-10-30	1	NEW CASE/ COMPLAINT. Filing fee $ 400, receipt number 0102-1163863 filed by Citizens for a Strong New Hampshire, Inc.. (Attachments: # 1 Exhibit 1-June 18, 2014 FOIA Request, # 2 Exhibit 2-July 23, 2014 IRS Acknowledgment, # 3 Exhibit 3-Oct 22, 2014 IRS FOIA Letter, # 4 Civil Cover Sheet, # 5 Summons - Waiver)(Gould, Bryan) (Entered: 10/30/2014)
2014-10-31		Case assigned to District Judge Landya B. McCafferty. The case designation is: 1:14-cv-487-LM. Please show this number with the judge designation on all future pleadings. (jeb) (Entered: 10/31/2014)
2014-10-31		NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE .(jeb) (Entered: 10/31/2014)
2014-10-31	2	Summons issued electronically as to US Internal Revenue Service. NOTICE: Counsel shall print and serve the summons and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: # 1 ECF - Notice of ECF Designation (#91))(jeb) (Entered: 10/31/2014)
2014-10-31		NOTICE re 1 Complaint filed by Citizens for a Strong New Hampshire, Inc. Pursuant to Federal Rules of Civil Procedure and Local Rules, Disclosure Statements must be filed after filing case initiating document. No Disclosure Statement has been filed for Citizens for a Strong New Hampshire, Inc. File Disclosure Statement using the Other Documents / Disclosure Statement event. Citizens for a Strong New Hampshire, Inc. shall file a disclosure statement by 11/7/14. Disclosure Statement due 11/7/2014.(jeb) (Entered: 10/31/2014)
2014-10-31	3	Disclosure Statement by Citizens for a Strong New Hampshire, Inc. disclosing no parent company, no publicly traded company, and no merger agreement. (Gould, Bryan) (Entered: 10/31/2014)
2014-10-31	4	MOTION for David A. French to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1164289.) filed by Citizens for a Strong New Hampshire, Inc.. Follow up on Objection on 11/17/2014. (Attachments: # 1 Exhibit (Affidavit) Declaration of David A. French)(Gould, Bryan) (Entered: 10/31/2014)
2014-10-31	5	MOTION for Carly F. Gammill to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1164294.) filed by Citizens for a Strong New Hampshire, Inc.. Follow up on Objection on 11/17/2014. (Attachments: # 1 Exhibit (Affidavit) Declaration of Carly F. Gammill)(Gould, Bryan) (Entered: 10/31/2014)
2014-10-31	6	MOTION for Jay Alan Sekulow to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1164302.) filed by Citizens for a Strong New Hampshire, Inc.. Follow up on Objection on 11/17/2014. (Attachments: # 1 Exhibit (Affidavit) Declaration of Jay Alan Sekulow)(Gould, Bryan) (Entered: 10/31/2014)
2014-10-31	7	MOTION for Abigail A. Southerland to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1164305.) filed by Citizens for a Strong New Hampshire, Inc.. Follow up on Objection on 11/17/2014. (Attachments: # 1 Exhibit (Affidavit) Declaration of Abigail A. Southerland)(Gould, Bryan) (Entered: 10/31/2014)
2014-10-31	8	MOTION for Michelle K. Terry to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1164309.) filed by Citizens for a Strong New Hampshire, Inc.. Follow up on Objection on 11/17/2014. (Attachments: # 1 Exhibit (Affidavit) Declaration of Michelle K. Terry)(Gould, Bryan) (Entered: 10/31/2014)
2014-11-20		ENDORSED ORDER granting 4 Motion to Appear Pro Hac Vice; granting 5 Motion to Appear Pro Hac Vice; granting 6 Motion to Appear Pro Hac Vice; granting 7 Motion to Appear Pro Hac Vice; granting 8 Motion to Appear Pro Hac Vice. Text of Order: Granted on the condition that David A. French, Carly F. Gammill, Jay Alan Sekulow, Abigail A. Southerland, and Michelle K. Terry complete an online ECF Registration Form within 10 days So Ordered by Magistrate Judge Andrea K. Johnstone. ECF Registration Deadline set for 12/4/2014.To access the online registration form, click HERE . Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE .(ko) (Entered: 11/20/2014)
2014-12-08	9	AFFIDAVIT of Service of Summons and Complaint as to US Internal Revenue Service filed by Citizens for a Strong New Hampshire, Inc.. Served/Mailed on 11/10/2014. Answer Follow Up on 12/4/2014.(Southerland, Abigail) (Entered: 12/08/2014)
2014-12-10	10	ANSWER to 1 Complaint - New Case, filed by US Internal Revenue Service.(Gelblum, Yonatan) (Entered: 12/10/2014)
2014-12-11		NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 1/13/2015 10:30 AM before Magistrate Judge Andrea K. Johnstone. Follow up on Discovery Plan 1/7/2015. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(kad) (Entered: 12/11/2014)
2014-12-18	11	Assented to MOTION to Continue and Extend Deadlines Rule 16 Hearing on January 13, 2015 filed by US Internal Revenue Service. (Attachments: # 1 Proposed Order)(Gelblum, Yonatan) (Entered: 12/18/2014)
2014-12-19		ENDORSED ORDER granting 11 Assented to Motion to Continue and Extend Rule 16 Hearing Deadlines. Text of Order: Granted. So Ordered by Magistrate Judge Andrea K. Johnstone. Pretrial Conference reset for 1/27/2015 10:30 AM before Magistrate Judge Andrea K. Johnstone. Follow up on Discovery Plan 1/22/2015.(jab) Modified on 1/5/2015 to correct name of judge holding pretrial conference (jab). (Entered: 12/23/2014)
2014-12-31	12	MOTION for Summary Judgment filed by US Internal Revenue Service. Follow up on Objection on 2/2/2015. (Attachments: # 1 Memorandum of Law, # 2 Exhibit 101, # 3 Declaration of A.M. Gulas in Support of Motion for Summary Judgment, # 4 Proposed Order)(Gelblum, Yonatan) (Entered: 12/31/2014)
2014-12-31	13	Addendum/ to 12 MOTION for Summary Judgment Proposed Order (incorrect document attached to original filing) by US Internal Revenue Service. (Gelblum, Yonatan) (Entered: 12/31/2014)
2015-01-16	14	NOTICE of Attorney Appearance by Stephanie A. Sasarak on behalf of US Internal Revenue Service Attorney Stephanie A. Sasarak added to party US Internal Revenue Service(pty:dft).(Sasarak, Stephanie) (Entered: 01/16/2015)
2015-01-16	15	Proposed Discovery Plan /Joint Rule 26 Report filed by Citizens for a Strong New Hampshire, Inc.. (Southerland, Abigail) (Entered: 01/16/2015)
2015-01-16	16	NO CONSENT to Jurisdiction by U.S. Magistrate Judge. Because not all parties to the case consent to the assignment of a United States Magistrate Judge for all purposes including trial, pursuant to Fed. R. Civ. P. 73, 28 U.S.C. sec. 636(c), and Local Rule 73.1(b)(2), the case will be assigned to a United States District Judge. Clerk James R. Starr. (Southerland, Abigail) (Entered: 01/16/2015)
2015-01-22		ENDORSED ORDER approving 15 Discovery Plan. Length of Trial 2 days. Case Track: Standard. Text of Order: Approved and adopted as a pretrial scheduling order with the following modifications: Plaintiff shall file its Rule 56(d) declaration, if any, together with its objection/response to defendant's motion for summary judgment and/or its cross motion for summary judgment on or before February 27, 2015. Trial: During the two week period beginning January 20, 2016. The January 27, 2015 preliminary pretrial conference is cancelled. So Ordered by Magistrate Judge Andrea K. Johnstone. Response/Cross Summary Judgment Motions due by 2/27/2015. Mediation Follow Up on 4/1/2015.(ko) (Entered: 01/22/2015)
2015-01-22		TRIAL NOTICE: Pretrial Statements due 12/23/2015. LR 16.2(d) Objections due 12/30/2015. Final Pretrial Conference set for 1/6/2016 at 03:00 PM before Judge Landya B. McCafferty. Bench Trial set for the two-week period beginning 1/20/2016 at 09:30 AM before Judge Landya B. McCafferty. (ko) (Entered: 01/22/2015)
2015-02-27	17	Cross MOTION for Summary Judgment (Partial) filed by Citizens for a Strong New Hampshire, Inc.. Follow up on Objection on 4/2/2015. (Attachments: # 1 Memorandum of Law Supporting Partial Summary Judgment, # 2 Exhibit (Affidavit) Declaration of Derek Dufresne, # 3 Exhibit A-FOIA Request, # 4 Exhibit B-IRS Letter, # 5 Exhibit C-IRS 2nd Letter, # 6 Exhibit D-IRM 1.1.5, # 7 Exhibit E-IRM 4.90.1, # 8 Exhibit F-Decl. of N. Hicks, # 9 Exhibit G-Jim Jordan Press Release, # 10 Exhibit H-IRS Status Report, # 11 Exhibit I-Dave Camp Letter [Pt 1], # 12 Exhibit I-Dave Camp Letter [Pt 2], # 13 Exhibit J-Darrell Issa Letter, # 14 Exhibit K-Relevant Case Filings, # 15 Proposed Order Granting Partial Summary Judgment)(Gammill, Carly) (Entered: 02/27/2015)
2015-02-27	18	MEMORANDUM in Opposition re 12 MOTION for Summary Judgment filed by Citizens for a Strong New Hampshire, Inc.. (Attachments: # 1 Exhibit (Affidavit) Declaration of Derek Dufresne, # 2 Exhibit A-FOIA Request, # 3 Exhibit B-IRS Letter, # 4 Exhibit C-IRS 2nd Letter, # 5 Exhibit D-IRM 1.1.5, # 6 Exhibit E-IRM 4.90.1, # 7 Exhibit F-Decl. of N. Hicks, # 8 Exhibit G-Jim Jordan Press Release, # 9 Exhibit H-IRS Status Report, # 10 Exhibit I-Dave Camp Letter [Pt 1], # 11 Exhibit I-Dave Camp Letter [Pt 2], # 12 Exhibit J-Darrell Issa Letter, # 13 Exhibit K-Relevant Case Filings, # 14 Exhibit (Affidavit) Rule 56(d) Declaration, # 15 Proposed Order Denying Def. Summary Judgment Motion)(Gammill, Carly) (Entered: 02/27/2015)
2015-03-02		Docketed in error. NOTICE of ECF Filing Error re: 18 Memorandum in Opposition to Motion filed by Citizens for a Strong New Hampshire, Inc. Document should have been filed as an attachment to the main document (AP 2.5(a)). NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1473.(ko) Modified on 3/2/2015 to add: Docketed in error.(ko). (Entered: 03/02/2015)
2015-03-26	19	Notice of Intent to Reply to Objection to 17 Cross MOTION for Summary Judgment (Partial) and 18 Memorandum in Opposition . Follow up on Reply on 4/13/2015.(Sasarak, Stephanie) (Entered: 03/26/2015)
2015-03-27	20	Joint Mediation Statement: mediation not appropriate at this time (Southerland, Abigail) (Entered: 03/27/2015)
2015-03-27	21	Assented to MOTION to Exceed Page Limitations filed by US Internal Revenue Service. (Attachments: # 1 Proposed Order)(Sasarak, Stephanie) (Entered: 03/27/2015)
2015-03-30		ENDORSED ORDER re 20 Joint Mediation Statement. Text of Order: Reviewed. So Ordered by Judge Landya B. McCafferty.(ko) (Entered: 03/30/2015)
2015-03-30		ENDORSED ORDER granting 21 Assented to Motion to Exceed Page Limitations. Text of Order: Granted. So Ordered by Magistrate Judge Andrea K. Johnstone.(ko) (Entered: 03/30/2015)
2015-03-31		ENDORSED ORDER re 19 Notice of Intent to Reply to Objection to 17 Cross MOTION for Summary Judgment (Partial) and 18 Memorandum in Opposition. Text of Order: In accordance with this particular court's reply/surreply practice, the court will accept the reply no later than April 8, 2015 and grants leave to file (but does not require) a surreply, which will be accepted no later than April 15, 2015. So ordered. So Ordered by Judge Landya B. McCafferty.(ko) (Entered: 04/01/2015)
2015-04-08	22	Objection to Motion re 17 Cross MOTION for Summary Judgment (Partial) , AND Reply to Objection to 12 MOTION for Summary Judgment filed by US Internal Revenue Service. (Attachments: # 1 Exhibit (Affidavit) Declaration)(Sasarak, Stephanie) Modified on 4/9/2015 to rework text (dae). (Entered: 04/08/2015)
2015-04-09		NOTICE of ECF Filing Error re: Affidavit filed in support of 22 Objection/Reply re Motions for Summary Judgment filed by US Internal Revenue Service. Consistent with Supplemental Rules of Electronic Case Filing, affidavits prepared in the context of the litigation shall be filed in electronically converted PDF format and shall contain a /s/ signature for both the signator and the notary/jurat. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1474.(dae) (Entered: 04/09/2015)
2015-04-10	23	Notice of Intent to Reply to Objection to 17 Cross MOTION for Summary Judgment (Partial) , 12 MOTION for Summary Judgment (Intent to File Reply/Surreply) . Follow up on Reply on 4/27/2015.(Gammill, Carly) (Entered: 04/10/2015)
2015-04-13		ENDORSED ORDER re 23 Notice of Intent to Reply to Objection to 17 Cross MOTION for Summary Judgment (Partial), 12 MOTION for Summary Judgment (Intent to File Reply/Surreply). Text of Order: In accordance with this particular court's reply/surreply practice, the court will accept the reply no later than April 20, 2015 and grants leave to file (but does not require) a surreply, which will be accepted no later than April 27, 2015. So ordered. So Ordered by Judge Landya B. McCafferty.(ko) (Entered: 04/13/2015)
2015-04-20	24	REPLY to Objection to Motion re 17 Cross MOTION for Summary Judgment (Partial) filed by Citizens for a Strong New Hampshire, Inc.. (Attachments: # 1 Exhibit A - TIGTA Update)(Southerland, Abigail) (Entered: 04/20/2015)
2015-04-27	25	SURREPLY to Reply to 12 MOTION for Summary Judgment filed by US Internal Revenue Service. (Attachments: # 1 Exhibit Feb. 26, 2015 TIGTA Testimony before Congress)(Sasarak, Stephanie) (Entered: 04/27/2015)
2015-05-18	26	Assented to MOTION for Francis J. Manion to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1231066.) filed by Citizens for a Strong New Hampshire, Inc.. (Attachments: # 1 Exhibit (Affidavit) Declaration of Francis J. Manion)(Gould, Bryan) (Entered: 05/18/2015)
2015-05-19		RESCHEDULING NOTICE of Hearing. Final Pretrial Conference reset for 1/5/2016 (from 1/6/2016) at 03:00 PM before Judge Landya B. McCafferty. (ko) (Entered: 05/19/2015)
2015-05-19		ENDORSED ORDER granting 26 Assented to MOTION for Francis J. Manion to Appear Pro Hac Vice. Text of Order: Granted on the condition that Francis J. Manion complete an online ECF Registration Form within 10 days So Ordered by Magistrate Judge Andrea K. Johnstone. ECF Registration Deadline set for 6/1/2015.To access the online registration form, click HERE . Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE .(ko) (Entered: 05/19/2015)
2015-06-08	27	ORDER: The IRS is ordered, within 30 days of the date of this order, to transmit copies of the 51 pages of challenged material to the court. The court reserves its ruling on the cross motions for summary judgment until after its in camera review is completed. So Ordered by Judge Landya B. McCafferty.(ko) (Entered: 06/08/2015)
2015-07-01	28	NOTICE of Compliance by US Internal Revenue Service.(Sasarak, Stephanie) (Entered: 07/01/2015)
2015-08-31	30	///ORDER granting in part and denying in part 12 Motion for Summary Judgment; denying 17 Motion for Summary Judgment. So Ordered by Judge Landya B. McCafferty.(gla) (Entered: 08/31/2015)
2015-09-01	31	NOTICE of Attorney Withdrawal as to David A. French by Carly F. Gammill on behalf of Citizens for a Strong New Hampshire, Inc.(Gammill, Carly) Modified on 9/2/2015 to add: as to David A. French text.(ko) (Entered: 09/01/2015)
2015-11-20	32	MOTION for Summary Judgment filed by US Internal Revenue Service. Follow up on Objection on 12/24/2015. (Attachments: # 1 Memorandum of Law, # 2 Exhibit (Affidavit) Third Gulas Declaration, # 3 Proposed Order)(Sasarak, Stephanie) (Entered: 11/20/2015)
2015-12-11		NOTICE of Hearing. Telephone Conference set for 12/15/2015 at 10:00 AM before Judge Landya B. McCafferty. The court will initiate the call.(ko) (Entered: 12/11/2015)
2015-12-15		Minute Entry for proceedings held before Judge Landya B. McCafferty. TELEPHONE CONFERENCE held on 12/15/2015. Order to issue. (Pltfs Atty: Abigail Southerland, Carly Gammill) (Defts Atty: Stephanie Sasarak, Carmen Banerjee)(Total Hearing Time: 8 minutes) (ko) (Entered: 12/15/2015)
2015-12-15	33	ORDER: On today's date, the court held a telephone conference in this case. The trial date is continued to the two-week period beginning March 15, 2016. The parties anticipate resolving the case and obviating the need for a trial. So Ordered by Judge Landya B. McCafferty.(ko) (Entered: 12/15/2015)
2015-12-15		TRIAL NOTICE: Pretrial Statements due 2/11/2016. LR 16.2(d) Objections due 2/25/2016. Final Pretrial Conference set for 3/3/2016 at 10:00 AM before Judge Landya B. McCafferty. Bench Trial set for the two-week period beginning 3/15/2016 at 09:30 AM before Judge Landya B. McCafferty. (ko) (Entered: 12/15/2015)
2015-12-21	34	RESPONSE to Motion re 32 MOTION for Summary Judgment filed by Citizens for a Strong New Hampshire, Inc. (Gammill, Carly) (Entered: 12/21/2015)
2016-01-07		NOTICE of Hearing. Telephone Conference set for 1/8/2016 at 02:00 PM before Judge Landya B. McCafferty. The court will initiate the call.(ko) (Entered: 01/07/2016)
2016-01-08		Minute Entry for proceedings held before Judge Landya B. McCafferty. TELEPHONE CONFERENCE held on 1/8/2016. (Pltfs Atty: Abigail A. Southerland, Carly F. Gammill) (Defts Atty: Stephanie A. Sasarak)(Total Hearing Time: 6 minutes) (jbw) (Entered: 01/08/2016)
2016-01-08	35	///ORDER: Defendant's motion for summary judgment (doc. no. 32) is granted. The only issue remaining in the case is whether plaintiff is entitled to recover reasonable attorneys fees and costs incurred in bringing this action. Briefing schedule outlined within. So Ordered by Judge Landya B. McCafferty.(ko) Modified on 2/29/2016 to add: ///(ko). (Entered: 01/12/2016)
2016-03-11	36	MOTION for Attorney Fees filed by Citizens for a Strong New Hampshire, Inc.. Follow up on Objection on 3/28/2016. (Attachments: # 1 Memorandum of Law, # 2 Exhibit (Affidavit) Declaration of Carly Gammill, # 3 Attachment to Exhibit Exhibit A to Gammill Declaration, # 4 Exhibit (Affidavit) Declaration of Abigail Southerland, # 5 Attachment to Exhibit Exhibit A to Southerland Declaration, # 6 Exhibit (Affidavit) Declaration of Bryan Gould, # 7 Attachment to Exhibit Exhibit A to Declaration of Bryan Gould, # 8 Exhibit (Affidavit) Declaration of Philip Braley, # 9 Exhibit Declaration of Thomas Colantuono)(Southerland, Abigail) (Entered: 03/11/2016)
2016-03-14		NOTICE of ECF Filing Error re: 36 MOTION for Attorney Fees filed by Citizens for a Strong New Hampshire, Inc. Consistent with Supplemental Rules of Electronic Case Filing, affidavits prepared in the context of the litigation shall be filed in electronically converted PDF format and shall contain a /s/ signature for both the signator and the notary/jurat (Declaration). NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423.(ko) (Entered: 03/14/2016)
2016-03-24	37	Assented to MOTION to Continue and Extend Deadlines , Assented to MOTION to Extend Time to Respond and Reset Deadlines , Assented to MOTION to Extend Time to Object/Respond to 36 MOTION for Attorney Fees , 35 Order, to 04/04/2016 filed by US Internal Revenue Service. (Attachments: # 1 Proposed Order)(Sasarak, Stephanie) (Entered: 03/24/2016)
2016-03-25		ENDORSED ORDER granting 37 Assented to Motion to Continue and Extend Deadlines. (Follow up on Objection on 4/4/2016. Follow up on Reply on 4/11/2016.) Text of Order: Granted. So Ordered by Magistrate Judge Andrea K. Johnstone.(ko) (Entered: 03/28/2016)
2016-04-04	38	OBJECTION to 36 MOTION for Attorney Fees filed by US Internal Revenue Service. (Attachments: # 1 Exhibit (Affidavit) Higley Declaration)(Sasarak, Stephanie) (Entered: 04/04/2016)
2016-04-11	39	REPLY to Objection to Motion re 36 MOTION for Attorney Fees filed by Citizens for a Strong New Hampshire, Inc.. (Southerland, Abigail) (Entered: 04/11/2016)
2016-04-14	40	Notice of Intent to Surreply to Reply to 36 MOTION for Attorney Fees . Surreply Follow Up on 5/2/2016.(Sasarak, Stephanie) (Entered: 04/14/2016)
2016-04-20	41	Withdrawal of Notice of Intent to File by US Internal Revenue Service(Sasarak, Stephanie) (Entered: 04/20/2016)
2016-09-20	42	///ORDER denying 36 Motion for Attorney Fees. Clerk shall enter judgment in accordance with document no. 30 , document number 35 , and this order, and close the case. So Ordered by Judge Landya B. McCafferty.(gla) (Entered: 09/20/2016)
2016-09-21	43	JUDGMENT is hereby entered in accordance with 30 Order on Motion for Summary Judgment, 35 Order, 42 Order on Motion for Attorney Fees. Signed by Daniel J. Lynch, Clerk of Court. (Case Closed) (de) (Entered: 09/21/2016)
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