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Case TitleKehmeier v. United States Department of the Treasury
DistrictDistrict of Arizona
CityPhoenix Division
Case Number2:2016cv03318
Date Filed2016-09-29
Date Closed2017-06-01
JudgeMagistrate Judge Bridget S Bade
PlaintiffThomas L Kehmeier
Case DescriptionThomas Kehmeier submitted a FOIA request to the Department of Treasury for records identifying statutes imposing taxes and allowing the Treasury Department to prescribe a tax table. The IRS rejected the request as not describing records subject to FOIA. Kehmeier filed an appeal. After hearing nothing further from the agency, Kehmeier filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUnited States Department of the Treasury
TERMINATED: 04/27/2017
DefendantUnited States Department of the Treasury
DefendantInternal Revenue Service
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-09-291COMPLAINT. Filing fee received: $400.00, receipt number PHX176992 filed by Thomas L Kehmeier.(REK) (Entered: 09/29/2016)
2016-09-292SUMMONS Submitted by Thomas L Kehmeier. (REK) (Entered: 09/29/2016)
2016-09-293REQUEST BY NON-PRISONER PRO SE PARTY FOR ELECTRONIC NOTICING filed by Thomas L Kehmeier. Pro se parties must promptly notify the Clerks Office, in writing, if there is a change in designated e-mail address or mailing address. (REK) (Entered: 09/29/2016)
2016-09-294Filing fee paid, receipt number PHX176992. This case has been assigned to the Honorable Bridget S. Bade. All future pleadings or documents should bear the correct case number: CV-16-03318-PHX-BSB. Magistrate Election form attached. (Attachments: # 1 Magistrate Consent Form) (REK) (Entered: 09/29/2016)
2016-09-29Summons Issued as to United States Department of the Treasury. Issued summons provided to Plaintiff at front counter, there is no PDF document associated with this entry. (REK) (Entered: 09/29/2016)
2016-10-06Summons Issued as in person at Customer Service Intake Counter as to U.S. Attorney on 10/06/2016. (HLA) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Entered: 10/06/2016)
2016-10-065Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 10/07/2016)
2016-10-28Summons Issued in person at Customer Service Intake Counter as to United States Department of the Treasury (in care of Michelle Henshaw, Jacob Lew & Ronald Mele) and U.S. Attorney General on 10/28/2016. (KAS) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Entered: 10/28/2016)
2016-10-286SERVICE EXECUTED: Declaration of Service re: summons/complaint upon United States Attorney for the District of Arizona on 10/7/16. (DXD) (Entered: 10/28/2016)
2016-12-017*MOTION for Extension of Time To Extend Time to File an Answer by United States Department of the Treasury. (Attachments: # 1 Text of Proposed Order)(Sasarak, Stephanie) *Modified to correct motion type on 12/1/2016 (DXD). (Entered: 12/01/2016)
2016-12-018Magistrate Election Form Deadline set as to United States Department of the Treasury. (Attachments: # 1 Consent Form)(MAP) (Entered: 12/02/2016)
2016-12-029ORDER granting 7 Motion for Extension of Time to Answer. The deadline for the proper party defendant, Internal Revenue Service, to file a responsive pleading to the Complaint is extended to and including January 9, 2017. Signed by Magistrate Judge Bridget S Bade on 12/1/16.(DXD) (Entered: 12/02/2016)
2016-12-1210Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 12/13/2016)
2016-12-1311Minute Order: In accordance with 28 USC 636(c), all parties have voluntarily consented to have Magistrate Judge Bridget S Bade conduct all further proceedings in this case, including trial and entry of final judgment, and conduct all post-judgment proceedings, with direct review by the Ninth Circuit Court of Appeals, if an appeal is filed. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 12/13/2016)
2017-01-0312SERVICE EXECUTED filed by Thomas L Kehmeier: Certified Mail Receipt re: Summons/Complaint upon Michelle L Henshaw, Case Manager of US Department of Treasury on 11/7/16. (LSP) (Entered: 01/04/2017)
2017-01-0313SERVICE EXECUTED filed by Thomas L Kehmeier: Certified Mail Receipt re: Summons/Complaint upon Ronald Mele, Disclosure Manage, Department of the Treasury at IRS on 11/3/16. (LSP) (Entered: 01/04/2017)
2017-01-0314SERVICE EXECUTED filed by Thomas L Kehmeier: Certificate of Mailing re: Summons/Complaint upon Loretta E Lynch, US Attorney General on 11/4/16. (LSP) (Entered: 01/04/2017)
2017-01-0315SERVICE EXECUTED filed by Thomas L Kehmeier: Certificate of Mailing re: Summons/Complaint upon Jacob J Lew, Stecretary of the U.S. Treasury on 10/6/16. (LSP) (Entered: 01/04/2017)
2017-01-0916ANSWER to 1 Complaint by United States Department of the Treasury.(Sasarak, Stephanie) (Entered: 01/09/2017)
2017-01-0917ORDER that the deadline for filing dispositive motions is 6 months from the date the case is filed. Failure to file such a motion shall result in dismissal for lack of prosecution. Signed by Magistrate Judge Bridget S Bade on 1/9/17. (LSP) (Entered: 01/09/2017)
2017-01-1118MOTION for an Order of the Court to Take Judicial Notice by Thomas L Kehmeier. (2 pages) (LSP) (Entered: 01/12/2017)
2017-01-1119MEMORANDUM in Support of 18 MOTION for an Order of the Court to Take Judicial Notice by Plaintiff Thomas L Kehmeier. (LSP) (Entered: 01/12/2017)
2017-01-1120NOTICE/Certificate of Service by Thomas L Kehmeier re: 17 Scheduling Order. (LSP) (Entered: 01/12/2017)
2017-01-2021REQUEST for Admissions from Defendant by Plaintiff Thomas L Kehmeier. (LSP) (Entered: 01/20/2017)
2017-02-0222ORDER denying 18 Plaintiff's motion for the Court to take judicial notice. Signed by Magistrate Judge Bridget S Bade on 2/2/17.(LSP) (Entered: 02/02/2017)
2017-02-1423NOTICE of Appearance by Erin Faith Darden on behalf of United States Department of the Treasury. (Darden, Erin) (Entered: 02/14/2017)
2017-02-1724First MOTION for Protective Order by United States Department of the Treasury. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Darden, Erin) (Entered: 02/17/2017)
2017-03-0625RESPONSE/"Reply" to Motion re: 24 First MOTION for Protective Order filed by Thomas L Kehmeier. (LSP) (Entered: 03/07/2017)
2017-03-0626MEMORANDUM in Support of 25 Response/"Reply" to Motion for Protective Order by Plaintiff Thomas L Kehmeier. (LSP) (Entered: 03/07/2017)
2017-03-1327REPLY to Response to Motion re: 24 First MOTION for Protective Order filed by United States Department of the Treasury. (Darden, Erin) (Entered: 03/13/2017)
2017-03-1328*AMENDED DOCUMENT re 27 REPLY to Response to Motion re: 24 First MOTION for Protective Order filed by United States Department of the Treasury. (Darden, Erin) *Modified to correct event type on 3/13/2017 (LSP). (Entered: 03/13/2017)
2017-03-1329*Second AMENDED DOCUMENT re 27 REPLY to Response to Motion re: 24 First MOTION for Protective Order Second Modified Reply filed by United States Department of the Treasury. (Darden, Erin) *Modified to correct event type on 3/13/2017 (LSP). (Entered: 03/13/2017)
2017-03-1730ORDER that within fourteen days of this order, the Department of the Treasury or the IRS shall show cause why the Court should not strike the IRS's filings as improper. See PDF document for further details. IT IS FURTHER ORDERED denying without prejudice as moot 24 IRS's Motion for Protective Order. Signed by Magistrate Judge Bridget S Bade on 3/16/17.(LSP) (Entered: 03/17/2017)
2017-03-2931*MOTION to Dismiss for Lack of Jurisdiction by United States Department of the Treasury. (Attachments: # 1 memorandum of law supporting motion, # 2 Text of Proposed Order, # 3 Exhibit Declaration, # 4 Exhibit Declaration)(Darden, Erin) *Modified on 3/30/2017 to correct motion type (ATD). (Entered: 03/29/2017)
2017-03-3132MOTION to Substitute Party: substituting Internal Revenue Service in place of U.S. Department of the Treasury by United States Department of the Treasury. (Attachments: # 1 Text of Proposed Order)(Darden, Erin) (Entered: 03/31/2017)
2017-03-3133DECLARATION of Deryl L. Richardson re: 32 MOTION to Substitute Party: substituting Internal Revenue Service in place of U.S. Department of the Treasury by Defendant United States Department of the Treasury. (Attachments: # 1 Declaration)(Darden, Erin) (Entered: 03/31/2017)
2017-03-3134*Additional Attachments to Main Document by United States Department of the Treasury. Amendment to 33 Declaration, 32 MOTION to Substitute Party: substituting Internal Revenue Service in place of U.S. Department of the Treasury Certificate of Service . (Darden, Erin) Modified on 4/3/2017 (EJA). (Entered: 03/31/2017)
2017-03-3135MEMORANDUM Amended Memorandum of Law in support of 31 MOTION to Dismiss for Lack of Jurisdiction by Defendant United States Department of the Treasury. (Darden, Erin) (Entered: 03/31/2017)
2017-04-0536ORDER - Plaintiff shall have until April 30, 2017 to file a response to 31 MOTION to Dismiss. Defendant may file a reply within fifteen days after service of Plaintiff's response. Signed by Magistrate Judge Bridget S Bade on 04/03/2017. (KAS) (Entered: 04/05/2017)
2017-04-0537RESPONSE to Motion and Memorandum in Support of 32 MOTION to Substitute Party: substituting Internal Revenue Service in place of U.S. Department of the Treasury filed by Thomas L Kehmeier. (KAS) (Entered: 04/05/2017)
2017-04-2738ORDER granting 32 Motion to Substitute Party and that the Internal Revenue Service is substituted in place of the named defendant, the U.S. Department of the Treasury. Signed by Magistrate Judge Bridget S Bade on 04/26/2017.(KAS) (Entered: 04/27/2017)
2017-05-0139RESPONSE to Motion re: 31 MOTION to Dismiss for Lack of Jurisdiction filed by Thomas L Kehmeier. (LSP) (Entered: 05/02/2017)
2017-05-0140MEMORANDUM in Support of 39 Response to Motion to Dismiss for Lack of Jurisdiction by Plaintiff Thomas L Kehmeier. (LSP) (Entered: 05/02/2017)
2017-05-0841REPLY to Response to Motion re: 31 MOTION to Dismiss for Lack of Jurisdiction filed by Internal Revenue Service. (Darden, Erin) (Entered: 05/08/2017)
2017-05-0842*AMENDED DOCUMENT re 41 REPLY to Response to Motion re: 31 MOTION to Dismiss for Lack of Jurisdiction filed by Internal Revenue Service. (Darden, Erin) *Modified to correct event type on 5/9/2017 (LSP). (Entered: 05/08/2017)
2017-06-0143ORDER granting 31 Defendant's motion to dismiss. Signed by Magistrate Judge Bridget S Bade on 6/1/17.(LSP) (Entered: 06/01/2017)
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