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Case TitleSalmonson v. Internal Revenue Service Department of Treasury
DistrictMiddle District of Florida
CityFt. Myers
Case Number2:2014cv00020
Date Filed2014-01-15
Date Closed2016-03-18
JudgeJudge John E. Steele
PlaintiffChris Salmonson
Case DescriptionChris Salmonson submitted a FOIA request to the IRS for his tax records from 1997 â€" 2011. The agency estimated the number of records at 14,000 and asked Salmonson to provide an advance payment of $2,980. Salmonson paid the estimated fee. He was then informed that the cost would actually be $25 for CDs including the records. However, Salmonson found he could not use the CDs in prison and asked the agency to provide the records in hard copy. The agency and Salmonson were unable to reach a resolution and Salmonson filed suit.
Complaint issues: Choice of format

DefendantInternal Revenue Service Department of Treasury
Documents
Docket
Complaint
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Opinion/Order [64]
FOIA Project Annotation: A federal court in Florida has ruled that Chris Salmonson failed to exhaust his administrative remedies in regard to his requests to the IRS for his tax records. Salmonson was initially told that there were more than 15,000 responsive pages, which would cost $2,980. When Salmonson indicated his inability to pay that fee, the agency ultimately located 9,369 pages. The agency agreed to make the records available on CD for $25 and provided 8,493 pages in full and 114 pages in part. The agency withheld 762 pages entirely. Salmonson then filed suit. The court found Salmonson's failure to file an administrative appeal required dismissal. The court noted that "once the IRS responded to the pending FOIA requests, even if the response was delayed and after the statutory period, Salmonson was required to first exhaust his administrative remedies with the IRS and have his appeal denied before seeking judicial review."
Issues: Litigation - Jurisdiction - Failure to Exhaust
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-01-151COMPLAINT under FOIA against Internal Revenue Service Department of Treasury filed by Chris Salmonson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O) (service copy with summons forms provided)(SLU) (Entered: 01/15/2014)
2014-01-152MOTION for leave to proceed in forma pauperis/affidavit of indigency by Chris Salmonson. (SLU) Motions referred to Magistrate Judge Douglas N. Frazier. (Entered: 01/15/2014)
2014-01-153ORDER regarding prisoner consent form and financial certificate. Signed by Judge John E. Steele on 1/15/2014. (SLU) (Entered: 01/15/2014)
2014-01-154STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 1/15/2014. (SLU) (Entered: 01/15/2014)
2014-01-155STANDING ORDER for all confined, pro se litigants. Signed by All Divisional Judges on 1/15/2014. (SLU) (Entered: 01/15/2014)
2014-02-056PRISONER consent form and financial certificate by Chris Salmonson. (SLU) (Entered: 02/05/2014)
2014-02-107ORDER granting 2 Plaintiff's Affidavit of Indigency. See Order for details. Signed by Magistrate Judge Douglas N. Frazier on 2/10/2014. (CAS) (Entered: 02/10/2014)
2014-02-118ORDER requiring the Clerk to forward to Plaintiff one set of the following forms: (1) Notice of Lawsuit and Request for Waiver of Service of Summons (two-part form); (2) Waiver of Service of Summons; (3) Summons; and, (4) United States Marshal Service (Form 285). Plaintiff must then mail the completed forms to the Clerk's Office. The completed forms must be returned to the Clerk's Office within TWENTY-ONE (21) days from the date of this Order. Failure to return the completed forms within this time period may result in the Court recommending dismissal for failure to prosecute. Signed by Magistrate Judge Douglas N. Frazier on 2/11/2014. (CAS) (Entered: 02/11/2014)
2014-02-189RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 1. Notice of pendency of other actions due by 3/4/2014. Signed by All Divisional Judges on 2/18/2014. (BJH) (Entered: 02/18/2014)
2014-03-04FEES paid by Chris Salmonson (Filing fee $40.00 receipt number FTM005829) (RMT) (Entered: 03/04/2014)
2014-03-0510NOTICE of pendency of related cases re 9 Related case order and track 1 notice per Local Rule 1.04(d) by Chris Salmonson. Related case(s): no (Attachments: # 1 Mailing Envelope)(SLU) (Entered: 03/05/2014)
2014-03-1011ORDER directing the Clerk to complete the necessary service forms on behalf of Plaintiff as to the United States Attorney for the Middle District of Florida and as to the Attorney General of the United States at Washington, D.C. Signed by Magistrate Judge Douglas N. Frazier on 3/10/2014. (CAS) (Entered: 03/10/2014)
2014-03-1312ORDER directing the United States Marshal to serve Defendant. Signed by Magistrate Judge Douglas N. Frazier on 3/13/2014. (CAS) (Entered: 03/13/2014)
2014-03-1413SUMMONS issued as to Internal Revenue Service Department of Treasury, U.S. Attorney and U.S. Attorney General. (SLU) (Entered: 03/14/2014)
2014-03-2714PROOF of service by Chris Salmonson upon U.S. Attorney's Office - Washington, DC on 3/21/14. (SLU) (Entered: 03/27/2014)
2014-03-2815US Marshal 285 form for service upon United States Attorney's Office - Fort Myers by Chris Salmonson. U.S. Marshal fees $65.00. (SLU) (Entered: 03/28/2014)
2014-03-2816PROOF of service by Chris Salmonson upon United States Attorney's Office - Fort Myers on 3/26/14. (SLU) (Entered: 03/28/2014)
2014-03-2817US Marshal 285 form for service by mail. RETURN OF SERVICE by mail returned executed by Chris Salmonson. Internal Revenue Service Department of Treasury served on 3/21/2014. (SLU) (Entered: 03/31/2014)
2014-05-2718ANSWER and affirmative defenses to 1 Complaint by Internal Revenue Service Department of Treasury.(Lambert, Edmond) (Entered: 05/27/2014)
2014-06-0219MOTION to Compel the Clerk to complete service to the Attorney General of the United States at Washington D.C. per order by Chris Salmonson. (Attachments: # 1 Mailing Envelope)(SLU) Motions referred to Magistrate Judge Douglas N. Frazier. (Entered: 06/02/2014)
2014-06-2620ORDER denying as moot 19 Plaintiff's Motion to Compel. Signed by Magistrate Judge Douglas N. Frazier on 6/26/2014. (CAS) (Entered: 06/26/2014)
2014-07-17FEES paid by Chris Salmonson (Filing fee $22.00 receipt number FtM006414) Balance due $288.00. (drn) (Entered: 07/18/2014)
2014-08-18FEES paid by Chris Salmonson (Filing fee $10.00 receipt number FTM006553) Balance due $278.00 (SPB) (Entered: 08/19/2014)
2014-09-08FEES paid by Chris Salmonson (Filing fee $18.21 receipt number FTM006625) (FtmIntake,rmt ) (Entered: 09/08/2014)
2014-09-1921ORDER redesignating this case as a Tract Two case. The Clerk shall modify the Track designation. Within 14 days, counsel for the Internal Revenue Service Department of Treasury shall prepare a Case Management Report and send it to the Plaintiff. Within 30 days, the Plaintiff shall file a Case Management Report. Thereafter, a Case Management and Scheduling Order will be entered. Signed by Magistrate Judge Douglas N. Frazier on 9/19/2014. (brh) (Entered: 09/19/2014)
2014-09-2222AMENDED RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 10/6/2014. Signed by Judge John E. Steele on 9/22/2014. (BJH) (Entered: 09/22/2014)
2014-09-24FEES paid by Chris Salmonson (Filing fee $18.21 receipt number FTM006716) Balance due $241.58 (rmt ) Modified on 9/25/2014 (RMT). (Entered: 09/24/2014)
2014-10-1023NOTICE of pendency of related cases re 22 Related case order and track 2 notice per Local Rule 1.04(d) by Chris Salmonson. Related case(s): no (Attachments: # 1 Mailing Envelope)(SLU) (Entered: 10/10/2014)
2014-10-14FEES paid by Chris Salmonson (Filing fee $22.21 receipt number FTM006801) Balance due $219.37 (RMT ). (Entered: 10/14/2014)
2014-10-1624NOTICE of Appearance by William Bradley Russell, Jr on behalf of Internal Revenue Service Department of Treasury (Russell, William) (Entered: 10/16/2014)
2014-10-1625MOTION to extend time to 10/30/2014 to Comply with Court's Orders of September 19 and September 22 by Internal Revenue Service Department of Treasury. (Russell, William) Motions referred to Magistrate Judge Douglas N. Frazier. (Entered: 10/16/2014)
2014-10-1726INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 10/31/2014. Signed by All Divisional Judges on 10/17/2014. (SLU) (Entered: 10/17/2014)
2014-10-3127CERTIFICATE of interested persons and corporate disclosure statement re 26 Interested persons order by Internal Revenue Service Department of Treasury. (Russell, William) (Entered: 10/31/2014)
2014-11-0728ENDORSED ORDER granting 25 Defendant's Motion for Extension of Time. Defendant shall have 14 days from the date of this Order in which to comply with the Court's Orders of September 19 and September 22, 2014. Signed by Magistrate Judge Douglas N. Frazier on 11/7/2014. (CAS) (Entered: 11/07/2014)
2014-11-10FEES paid by Chris Salmonson (Filing fee $4.00 receipt number FTM006935) Balance due: $215.37. (RMT) Modified on 11/12/2014 (drn). (Entered: 11/10/2014)
2014-12-1129CASE MANAGEMENT REPORT. (Russell, William) (Entered: 12/11/2014)
2014-12-2230CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 7/20/2015 at 09:00 AM in Ft. Myers Courtroom 6 A before Judge John E. Steele, Bench Trial set for trial term commencing 8/3/2015 before Judge John E. Steele. Signed by Judge John E. Steele on 12/22/2014. (BMA) (Entered: 12/22/2014)
2015-01-05FEES paid by Chris Salmonson (Filing fee $72.00 receipt number FTM007131) (SLU) (Entered: 01/06/2015)
2015-01-1231NOTICE of substitution of counsel by Kavitha Bondada on behalf of Internal Revenue Service Department of Treasury (Bondada, Kavitha) Modified on 1/12/2015 to edit docket text (SLU). (Entered: 01/12/2015)
2015-01-20FEES paid by Chris Salmonson (Filing fee $6.00 receipt number FTM007212) (RMT) (Entered: 01/20/2015)
2015-01-2332MOTION to Amend and/or, MOTION to supplement original pleading by Chris Salmonson. (Attachments: # 1 Exhibit, # 2 Mailing Envelope)(SLU) (Entered: 01/23/2015)
2015-02-1333ORDER granting 32 Plaintiff's Motion for Leave to Amend and/or Supplement Original Pleading. Within 21 days from the date of this Order, Plaintiff shall file his amended complaint. Signed by Magistrate Judge Douglas N. Frazier on 2/13/2015. (CAS) (Entered: 02/13/2015)
2015-02-19FEES paid by Chris Salmonson (Filing fee $26.00 receipt number FTM007381) (RMT) (Entered: 02/19/2015)
2015-03-0934MOTION for Extension of Time to Amend re 1 Complaint by Chris Salmonson. (Attachments: # 1 Mailing Envelope)(SLU) (Entered: 03/09/2015)
2015-03-12FEES paid by Chris Salmonson (Filing fee $24.80 receipt number FTM007503) (RMT) (Entered: 03/12/2015)
2015-03-2335ORDER granting 34 Plaintiff's Motion for Extension. Plaintiff shall have 21 days from the date of this Order in which to file an amended complaint. Signed by Magistrate Judge Douglas N. Frazier on 3/23/2015. (CAS) (Entered: 03/23/2015)
2015-04-0236SECOND MOTION for Extension of Time to Amend re 1 Complaint by Chris Salmonson. (Attachments: # 1 Mailing Envelope)(SLU) (Entered: 04/02/2015)
2015-04-06FEES paid by Chris Salmonson (Filing fee $26.00 receipt number FTM007600) (RMT) (Entered: 04/06/2015)
2015-04-0637ORDER denying 36 Plaintiff's Second Motion for Extension of Time. Signed by Magistrate Judge Douglas N. Frazier on 4/6/2015. (CAS) (Entered: 04/06/2015)
2015-04-0938MOTION to Amend/Correct 30 Case management and scheduling order by Internal Revenue Service Department of Treasury. (Bondada, Kavitha) (Entered: 04/09/2015)
2015-04-1539SUPPLEMENTAL (AMENDED) COMPLAINT under Freedom of Information and Privacy Act with leave of court against Internal Revenue Service Department of Treasury filed by Chris Salmonson. Related document: 1 Complaint filed by Chris Salmonson. (Attachments: # 1 Exhibit P, # 2 Mailing Envelope)(SLU) (Entered: 04/17/2015)
2015-04-2840ORDER granting 38 Motion to Amend Scheduling Order. The Clerk is directed to enter an amended case management and scheduling order setting the dispositive motion deadline for May 15, 2015, extending all other pending deadlines for a period 30 days, and setting this case for the September trial term. Signed by Magistrate Judge Douglas N. Frazier on 4/28/2015. (CAS) (Entered: 04/28/2015)
2015-04-2941AMENDED ANSWER and affirmative defenses to 39 Amended Complaint by Internal Revenue Service Department of Treasury.(Bondada, Kavitha) Modified on 4/30/2015 to edit docket text (SLU). (Entered: 04/29/2015)
2015-05-0442AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 8/17/2015 at 09:00 AM in Ft. Myers Courtroom 6 A before Judge John E. Steele, Bench Trial set for trial term 9/1/2015 at 09:00 AM in Ft. Myers Courtroom 6 A before Judge John E. Steele. Signed by Magistrate Judge Douglas N. Frazier on 4/29/15. See Order for all deadlines. (BJH) Modified on 5/5/2015 to edit docket text (SLU). (Entered: 05/04/2015)
2015-05-06FEES paid by Chris Salmonson (Filing fee $26.00 receipt number FTM007733) (RMT) (Entered: 05/06/2015)
2015-05-1443MOTION to Amend/Correct 42 Case management and scheduling order by Internal Revenue Service Department of Treasury. (Attachments: # 1 Proposed Order)(Bondada, Kavitha) (Entered: 05/14/2015)
2015-05-2944MOTION for summary judgment by Internal Revenue Service Department of Treasury. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Balettie Declaration, # 3 Balettie Exhibit 1, # 4 Balettie Exhibit 2, # 5 Balettie Exhibit 3, # 6 Balettie Exhibit 4, # 7 Balettie Exhibit 5, # 8 Balettie Exhibit 6, # 9 Balettie Exhibit 7, # 10 Balettie Exhibit 8, # 11 Balettie Exhibit 9, # 12 Balettie Exhibit 10, # 13 Balettie Exhibit 11, # 14 Balettie Exhibit 12, # 15 Balettie Exhibit 13, # 16 Balettie Exhibit 14, # 17 Balettie Exhibit 15, # 18 Balettie Exhibit 16, # 19 Karon Declaration, # 20 Armstrong Declaration, # 21 Text of Proposed Order)(Bondada, Kavitha). Added MOTION to Dismiss on 6/1/2015 (SLU). (Entered: 05/29/2015)
2015-06-0145SUMMARY JUDGMENT NOTICE re 44 MOTION for summary judgment MOTION to Dismiss (SLU) (Entered: 06/01/2015)
2015-06-0446ORDER granting 43 Defendant Internal Revenue Service's Motion to Amend Scheduling Order. The Court accepts 44 Defendant's Motion to Dismiss and in the Alternative Motion for Summary Judgment as timely filed. Signed by Magistrate Judge Douglas N. Frazier on 6/4/2015. (CAS) (Entered: 06/04/2015)
2015-06-17FEES paid by Chris Salmonson (Filing fee $26.00 receipt number FTM007880) (RMT ) (Entered: 06/17/2015)
2015-06-2247MOTION for Extension of Time to File Response/Reply as to 44 MOTION for summary judgment MOTION to Dismiss by Chris Salmonson. (Attachments: # 1 Mailing Envelope)(SLU) Motions referred to Magistrate Judge Douglas N. Frazier. (Entered: 06/22/2015)
2015-06-2348ENDORSED ORDER granting 47 Motion for Extension of Time. The Plaintiff shall have until July 15, 2015 in which to file a response to the Motion to Dismiss and in the Alternative Motion for Summary Judgment. All other deadlines previously set shall remain the same. Signed by Magistrate Judge Douglas N. Frazier on 6/23/2015. (brh) (Entered: 06/23/2015)
2015-07-0249Case reassigned to Magistrate Judge Mac R. McCoy pursuant to 2:15-mc-9-FtM-38. New case number: 2:14-cv-20-FtM-29MRM. Magistrate Judge Douglas N. Frazier no longer assigned to the case. (DH) (Entered: 07/02/2015)
2015-07-13FEES paid by Chris Salmonson (Filing fee $8.57 receipt number FTM007989) (RMT) (Entered: 07/13/2015)
2015-07-2050SECOND MOTION for Extension of Time to File Response/Reply as to 44 MOTION for summary judgment by Chris Salmonson. (Attachments: # 1 Mailing Envelope)(SPB) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 07/21/2015)
2015-07-2151MOTION to Amend/Correct the Record by Internal Revenue Service Department of Treasury. (Attachments: # 1 Second Declaration of Steven Karon)(Bondada, Kavitha) (Entered: 07/21/2015)
2015-07-2252ORDER granting 50 Second Motion for Extension of Time and plaintiff shall file a response to 44 Motion to Dismiss, or in the alternative, MOTION for summary judgment by 8/7/2015. The remaining deadlines in the 42 Amended Case Management and Scheduling Order are extended as set forth in the Order, and the parties may meet to prepare the pretrial statement by alternate means. Signed by Judge John E. Steele on 7/22/2015. (RKR) (Entered: 07/22/2015)
2015-07-22Set/reset scheduling order deadlines pursuant to 52 Order: Meet in person by 11/13/2015, Final Pretrial statement due by 12/1/2015, All other motions due by 12/7/2015, Final Pretrial Conference set for 12/21/2015 at 9:00 AM in Ft. Myers Courtroom 6 A before Judge John E. Steele, Bench Trial set for trial term commencing 1/4/2016 in Ft. Myers Courtroom 6 A before Judge John E. Steele. (RKR) (Entered: 07/22/2015)
2015-08-1354CONDITIONAL ACCEPTANCE of 44 MOTION for summary judgment MOTION to Dismiss filed by Chris Salmonson. (Attachments: # 1 Recorded Affidavit and Declaration, # 2 Mailing Envelope)(SPB) Modified on 2/19/2016 (SLU). STRICKEN pursuant to 63 (Entered: 08/18/2015)
2015-08-1453ORDER granting 51 Motion to Amend/Correct the Record. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 8/14/2015. (brh) (Entered: 08/14/2015)
2015-08-3155MOTION to Strike 54 Response to motion by Internal Revenue Service Department of Treasury. (Bondada, Kavitha) (Entered: 08/31/2015)
2015-09-1156COMMERCIAL NOTICE revocation of power of authority and revocation of powers of appointment by Chris Salmonson (Attachments: # 1 Mailing Envelope)(SLU) Modified on 2/19/2016 (SLU). STRICKEN pursuant to 63 (Entered: 09/11/2015)
2015-09-2557MOTION for Extension of Time to File Response/Reply as to 55 MOTION to Strike 54 Response to motion by Chris Salmonson. (Attachments: # 1 Mailing Envelope)(SLU) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 09/25/2015)
2015-09-2958ENDORSED ORDER granting 57 Motion for Extension of Time to Respond to Motion to Strike Pleading. Within 21 days, Plaintiff shall respond to Defendant's Motion to Strike Pleading. Signed by Magistrate Judge Mac R. McCoy on 9/29/2015. (JTM) (Entered: 09/29/2015)
2015-11-0459MOTION for Extension of Time to File Response/Reply as to 55 MOTION to Strike 54 Response to motion by Chris Salmonson. (Attachments: # 1 Mailing Envelope)(SLU) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 11/04/2015)
2015-11-0560ENDORSED ORDER granting 59 Motion for Extension of Time to Respond to Motion to Strike Pleading. Plaintiff must file his response within 21 days. The Court is not inclined to grant further extensions. Signed by Magistrate Judge Mac R. McCoy on 11/5/2015. (JTM) (Entered: 11/05/2015)
2015-11-1261MOTION for clarification of Sheduling Order 52 by Internal Revenue Service Department of Treasury. (Attachments: # 1 Text of Proposed Order)(Bondada, Kavitha) Modified on 11/13/2015, to correct docket relationships (SPB). (Entered: 11/12/2015)
2015-11-1362ORDER granting 61 Motion for clarification to the extent clarified. The remaining deadlines are stayed pending resolution of 44 Motion to Dismiss, and in the Alternative, Motion for Summary Judgment. Signed by Judge John E. Steele on 11/13/2015. (RKR) (Entered: 11/13/2015)
2016-02-1863ORDER granting 55 Motion to Strike and striking 54 Conditional Acceptance; also striking 56 Release Without Consideration. The Clerk shall add a notation to the docket. Plaintiff may file a Response to the 44 Motion to Dismiss and in the Alternative Motion for Summary Judgment within 7 days of this Order and no extensions will be provided. Signed by Judge John E. Steele on 2/18/2016. (RKR) (Entered: 02/18/2016)
2016-03-1764OPINION AND ORDER denying 44 motion to dismiss and granting alternative Motion for summary judgment. The FOIA claims are dismissed with prejudice for failure to exhaust administrative remedies and the Privacy Act claims are dismissed without prejudice. The Clerk shall enter judgment in favor of defendant accordingly, terminate all deadlines as moot, and close the file. Signed by Judge John E. Steele on 3/17/2016. (RKR) (Entered: 03/17/2016)
2016-03-1865JUDGMENT in favor of Defendant against Plaintiff (Signed by Deputy Clerk) (SLU) (Entered: 03/18/2016)
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