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Case TitleMarketing Resource Solutions Inc et al v. Internal Revenue Service
DistrictNorthern District of Texas
CityDallas
Case Number3:2016cv02891
Date Filed2016-10-14
Date Closed2017-12-01
JudgeJudge Jane J. Boyle
PlaintiffMarketing Resource Solutions Inc
PlaintiffMarcia M Pellicone
Case DescriptionMarketing Resource Solutions submitted a FOIA request to the IRS for its administrative tax file. The IRS denied the request on the basis of Exemption 7(A) (ongoing investigation or proceeding). MRS filed an administrative appeal, but after hearing nothing further from the agency. MRS filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantInternal Revenue Service
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-10-141COMPLAINT WITH JURY DEMAND against All Defendants filed by Marketing Resource Solutions, Inc., Marcia M Pellicone. (Filing fee $400; Receipt number 0539-7933127) Clerk to issue summons(es) for federal defendant(s). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet) (Jumper, Russell) (Entered: 10/14/2016)
2016-10-142CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Marketing Resource Solutions, Inc., Marcia M Pellicone. (Jumper, Russell) (Entered: 10/14/2016)
2016-10-143New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (epm) (Entered: 10/14/2016)
2016-10-144Summons issued as to Internal Revenue Service, U.S. Attorney, and U.S. Attorney General. (epm) (Entered: 10/14/2016)
2016-10-195SUMMONS Returned Executed as to Internal Revenue Service ; served on 10/17/2016. (ndt) (Entered: 10/19/2016)
2016-10-196SUMMONS Returned Executed as to U.S. Attorney ; served on 10/17/2016. (ndt) (Entered: 10/19/2016)
2016-11-157ANSWER to 1 Complaint filed by Internal Revenue Service. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Certificate of Service)Attorney Ari David Kunofsky added to party Internal Revenue Service(pty:dft) (Kunofsky, Ari) (Entered: 11/15/2016)
2016-11-158SUMMONS Returned Executed as to Internal Revenue Service ; served on 10/24/2016. (sss) (Entered: 11/15/2016)
2016-11-169STATUS REPORT ORDER: Joint Status Report due by 12/16/2016. (Ordered by Judge Jane J Boyle on 11/16/2016) (twd) (Entered: 11/16/2016)
2016-12-1610Joint STATUS REPORT filed by Marketing Resource Solutions Inc, Marcia M Pellicone. (Jumper, Russell) (Entered: 12/16/2016)
2016-12-2111PRELIMINARY SCHEDULING ORDER re: 10 Status Report. Motions due by 4/14/2017. Responses due by 5/12/2017. Replies due by 6/16/2017. (Ordered by Judge Jane J Boyle on 12/21/2016) (epm) (Entered: 12/21/2016)
2017-04-0512NOTICE of Attorney Appearance by Erin Faith Darden on behalf of Internal Revenue Service. (Filer confirms contact info in ECF is current.) (Darden, Erin) (Entered: 04/05/2017)
2017-04-1313MOTION to Extend Time to move for summary judgment filed by Internal Revenue Service (Attachments: # 1 Proposed Order) (Darden, Erin) (Entered: 04/13/2017)
2017-04-1714ORDER granting 13 Motion for Extension of Time to Move for Summary Judgment. Motion for summary judgment due by 5/14/2017. Responses due by 6/11/2017. Replies or responses to the plaintiffs' cross-motion for summary judgment due by 6/16/2017. Replies in support of plaintiffs' cross-motion for summary judgment due by 8/6/2017. (Ordered by Judge Jane J. Boyle on 4/17/2017) (rekc) (Entered: 04/18/2017)
2017-05-0815Second MOTION to Extend Time to move for summary judgment filed by Internal Revenue Service (Attachments: # 1 Proposed Order) (Darden, Erin) (Entered: 05/08/2017)
2017-05-1016ORDER granting 15 Motion for Extension of Time to move for Summary Judgment: Motions due by 6/5/2017. Responses due by 7/3/2017. Replies due by 8/7/2017. The deadline for the plaintiffs to file their reply in support of their cross motion for summary judgment, if any, assuming no discovery has been permitted is extended to 8/27/2017. (Ordered by Judge Jane J. Boyle on 5/10/2017) (sss) (Entered: 05/11/2017)
2017-06-0217Joint MOTION to Amend/Correct Scheduling Order filed by Marketing Resource Solutions Inc, Marcia M Pellicone (Attachments: # 1 Proposed Order) (Jumper, Russell) (Entered: 06/02/2017)
2017-06-0218STIPULATION OF DISMISSAL (Partial) by Marketing Resource Solutions Inc, Marcia M Pellicone. (Jumper, Russell) (Entered: 06/02/2017)
2017-06-0519ORDER: The deadlines relating to motions for summary judgment are cancelled. Plaintiffs shall submit a motion for attorney's fees and litigation costs by no later than 7/25/2017. Defendant shall submit its response by 8/22/2017. Plaintiffs shall submit a reply brief by 9/5/2017. (Ordered by Judge Jane J. Boyle on 6/5/2017) (sss) (Entered: 06/06/2017)
2017-07-2020Unopposed MOTION for Extension of Time to File Motion for Fees and Costs filed by Marketing Resource Solutions Inc, Marcia M Pellicone (Attachments: # 1 Proposed Order) (Jumper, Russell) (Entered: 07/20/2017)
2017-07-2421ORDER: The unopposed motion 20 is granted. Plaintiffs shall submit a motion for attorney's fees and litigation costs by no later than 8/24/17. Defendant shall submit its response by 9/21/17, and Plaintiffs shall submit a reply brief by 10/5/17. (Ordered by Judge Jane J. Boyle on 7/24/2017) (ash) (Entered: 07/24/2017)
2017-08-2422MOTION for Attorney Fees filed by Marketing Resource Solutions Inc, Marcia M Pellicone with Brief/Memorandum in Support. (Jumper, Russell) (Entered: 08/24/2017)
2017-08-2423Brief/Memorandum in Support filed by Marketing Resource Solutions Inc, Marcia M Pellicone re 22 MOTION for Attorney Fees Plaintiffs' Brief in Support of Plaintiffs' Motion for Reasonable Fees (Jumper, Russell) (Entered: 08/24/2017)
2017-08-2424Appendix in Support filed by Marketing Resource Solutions Inc, Marcia M Pellicone re 23 Brief/Memorandum in Support of Motion Affidavit of David C. Gair (Jumper, Russell) (Entered: 08/24/2017)
2017-09-1925MOTION for Extension of Time to File Response/Reply to 21 Order on Motion for Extension of Time to File, filed by Internal Revenue Service, Marcia M Pellicone, Marketing Resource Solutions Inc (Attachments: # 1 Proposed Order) (Kunofsky, Ari) Modified filers on 9/20/2017 (awc). (Entered: 09/19/2017)
2017-09-2026ELECTRONIC ORDER granting 25 Joint Motion to Amend Scheduling Order. The docket sheet erroneously labels this document as a motion to extend time, but the Court will construe what the parties actual entitle Joint Motion to Amend Scheduling Order as a notice of settlement. Per the parties' request, the Court vacates all deadlines in this case and orders the parties to submit a joint stipulation of dismissal no later than October 19, 2017. (Ordered by Judge Jane J. Boyle on 9/20/2017) (chmb) (Entered: 09/20/2017)
2017-10-1927Unopposed MOTION for Extension of Time to File Stipulation of Dismissal filed by Marketing Resource Solutions Inc, Marcia M Pellicone (Attachments: # 1 Proposed Order) (Jumper, Russell) (Entered: 10/19/2017)
2017-10-2028ELECTRONIC ORDER granting 27 Unopposed Motion for Extension of Time to File Stipulation of Dismissal. The parties now have until November 30, 2017 to file the joint stipulation. (Ordered by Judge Jane J. Boyle on 10/20/2017) (chmb) (Entered: 10/20/2017)
2017-11-3029Proposed Order with Joint STIPULATION OF DISMISSAL by Marketing Resource Solutions Inc, Marcia M Pellicone. (Jumper, Russell) Modified text on 11/30/2017 (svc). (Entered: 11/30/2017)
2017-12-0130ELECTRONIC ORDER denying 22 Motion for Attorney Fees in view of the parties' settlement. See Doc. 29. (Ordered by Judge Jane J. Boyle on 12/1/2017) (Judge Jane J. Boyle) (Entered: 12/01/2017)
2017-12-0131Order Dismissing Case: It is ORDERED that the above-captioned case is DISMISSED with prejudice. (Ordered by Judge Jane J. Boyle on 12/1/2017) (ykp) (Entered: 12/01/2017)
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by FOIA Project Staff
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