Skip to content

Case Detail

[Subscribe to updates]
Case TitleCOCA COLA COMPANY & SUBSIDIARIES v. INTERNAL REVENUE SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00134
Date Filed2017-01-19
Date Closed2018-02-14
JudgeJudge Trevor N. McFadden
PlaintiffCOCA COLA COMPANY & SUBSIDIARIES
Case DescriptionCoca Cola Company submitted three FOIA requests to the IRS. The first request was for the 2005-2006 administrative file. The second request was for the 2007-2009 administrative file. The third request was for records generated by Innovation & Information Consultants or Premier Qualitative Consulting, contractors hired to examine Coca Cola's taxes. The agency acknowledged receipt of the requests, but after it failed to respond to any of the requests, Coca Cola filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

Defendant2255
INTERNAL REVENUE SERVICE
DefendantINTERNAL REVENUE SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-01-191COMPLAINT against INTERNAL REVENUE SERVICE ( Filing fee $ 400 receipt number 0090-4812613) filed by COCA COLA COMPANY & SUBSIDIARIES. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Killian, Bryan) (Entered: 01/19/2017)
2017-01-192REQUEST FOR SUMMONS TO ISSUE re 1 Complaint, filed by COCA COLA COMPANY & SUBSIDIARIES. Related document: 1 Complaint, filed by COCA COLA COMPANY & SUBSIDIARIES.(Killian, Bryan) (Entered: 01/19/2017)
2017-01-193LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by COCA COLA COMPANY & SUBSIDIARIES (Killian, Bryan) (Entered: 01/19/2017)
2017-01-194NOTICE LCvR 26.1 Certificate by COCA COLA COMPANY & SUBSIDIARIES (Killian, Bryan) (Entered: 01/19/2017)
2017-01-19Case Assigned to Judge Amy Berman Jackson. (sth) (Entered: 01/23/2017)
2017-01-235SUMMONS (3) Issued Electronically as to INTERNAL REVENUE SERVICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(sth) (Entered: 01/23/2017)
2017-01-306RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/25/2017. Answer due for ALL FEDERAL DEFENDANTS by 2/24/2017. (Attachments: # 1 Exhibit)(Killian, Bryan) (Entered: 01/30/2017)
2017-01-307RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 01/30/2017. (Attachments: # 1 Exhibit, # 2 Exhibit)(Killian, Bryan) (Entered: 01/30/2017)
2017-01-308RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. INTERNAL REVENUE SERVICE served on 1/30/2017 (Attachments: # 1 Exhibit, # 2 Exhibit)(Killian, Bryan) (Entered: 01/30/2017)
2017-02-249ANSWER to Complaint by INTERNAL REVENUE SERVICE.(Ho, Stephen) (Entered: 02/24/2017)
2017-02-27VACATED PURSUANT TO MINUTE ORDER FILED 03/06/17.....MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff on or before March 27, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/27/2017. (lcabj3) Modified on 3/7/2017 (jth). (Entered: 02/27/2017)
2017-02-2710NOTICE of Change of Address by Bryan M. Killian (Killian, Bryan) (Entered: 02/27/2017)
2017-03-0111NOTICE of Appearance by Nishant Kumar on behalf of INTERNAL REVENUE SERVICE (Kumar, Nishant) (Entered: 03/01/2017)
2017-03-06MINUTE ORDER. Pursuant to Federal Rule of Civil Procedure 42, it is hereby ORDERED that Coca-Cola Co. & Subsidiaries v. IRS, 17-0134 (ABJ), is consolidated with Coca-Cola Co. & Subsidiaries v. IRS, 17-0393 (ABJ). The Clerk of Court is directed to close Civil Action No. 17-0393, and transfer all plaintiffs in that action to Civil Action No. 17-0134. All further filings with this Court shall be filed only in Civil Action No. 17-0134. It is FURTHER ORDERED that Plaintiff shall file a consolidated complaint by March 13, 2017, and defendant shall file a responsive pleading by April 13, 2017. In light of the consolidation, the Court's February 27, 2017 Minute Order in Civil Action No. 17-0134 is VACATED. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/6/2017. (lcabj3) (Entered: 03/06/2017)
2017-03-07Set/Reset Deadlines: Plaintiff shall file a consolidated complaint by 3/13/2017. Defendant shall file a responsive pleading by 4/13/2017. (jth) (Entered: 03/07/2017)
2017-03-1012COMPLAINT against INTERNAL REVENUE SERVICE (Fee Status:Filing Fee Waived) filed by COCA COLA COMPANY & SUBSIDIARIES.(Martinelli, Robert) (Entered: 03/10/2017)
2017-04-1313ANSWER to Complaint by INTERNAL REVENUE SERVICE.(Kumar, Nishant) (Entered: 04/13/2017)
2017-04-18MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff on or before May 19, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/18/2017. (lcabj3) (Entered: 04/18/2017)
2017-05-1914Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Kumar, Nishant) (Entered: 05/19/2017)
2017-05-22MINUTE ORDER. In light of the parties' 14 joint status report, the IRS shall begin producing documents to plaintiff by June 1, 2017, and the parties shall file a further joint status report by July 7, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/22/2017. (lcabj3) (Entered: 05/22/2017)
2017-06-1315STIPULATION and Proposed Order Pursuant to Federal Rule of Evidence 502(d), 5 U.S.C. 552(a)(4)(B) by INTERNAL REVENUE SERVICE. (Ho, Stephen) (Entered: 06/13/2017)
2017-06-1316STIPULATION AND ORDER PURSUANT TO FRE 502, U.S.C § 552(a)(4)(B). (See the Order for Complete Details). Signed by Judge Amy Berman Jackson on 6/13/2017. (jth) (Entered: 06/14/2017)
2017-07-0617Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Ho, Stephen) (Entered: 07/06/2017)
2017-07-06MINUTE ORDER. The parties shall file a further joint status report by August 21, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/6/2017.(lcabj3) (Entered: 07/06/2017)
2017-08-2118Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Ho, Stephen) (Entered: 08/21/2017)
2017-08-22MINUTE ORDER. The parties shall file a further joint status report by September 25, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/22/2017. (lcabj3) (Entered: 08/22/2017)
2017-09-2519Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Kumar, Nishant) (Entered: 09/25/2017)
2017-09-26MINUTE ORDER. The parties shall file a further joint status report by November 10, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/26/2017. (lcabj3) (Entered: 09/26/2017)
2017-10-2720MOTION for Order Setting Production Schedule by COCA COLA COMPANY & SUBSIDIARIES (Attachments: # 1 Text of Proposed Order Proposed Order)(Martinelli, Robert) (Entered: 10/27/2017)
2017-11-01Case directly reassigned to Judge Trevor N. McFadden. Judge Amy Berman Jackson is no longer assigned to the case. (ztnr) (Entered: 11/01/2017)
2017-11-0821MOTION for Extension of Time to File Response/Reply as to 20 MOTION for Order Setting Production Schedule by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(Ho, Stephen) (Entered: 11/08/2017)
2017-11-0922Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Ho, Stephen) (Entered: 11/09/2017)
2017-11-13MINUTE ORDER: Upon consideration of the Internal Revenue Services unopposed motion for an extension of time 21 , and for good cause shown, it is hereby ORDERED that the motion is GRANTED and that Defendant has until November 16, 2017 to respond to Plaintiffs motion to set a production schedule. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/13/2017. (lctnm2) (Entered: 11/13/2017)
2017-11-14Set/Reset Deadlines: Defendant's response to Plaintiff's motion to set a production schedule due by 11/16/2017. (hmc) (Entered: 11/14/2017)
2017-11-1623Memorandum in opposition to re 20 MOTION for Order Setting Production Schedule filed by INTERNAL REVENUE SERVICE. (Attachments: # 1 Declaration of Melissa Avrutine, # 2 Exhibit)(Ho, Stephen) (Entered: 11/16/2017)
2017-11-2124ERRATA to Memorandum in Opposition re: Exhibits by INTERNAL REVENUE SERVICE 23 Memorandum in Opposition filed by INTERNAL REVENUE SERVICE. (Attachments: # 1 Exhibit 1 & 2, # 2 Exhibit 3 & 4, # 3 Exhibit 5, # 4 Exhibit 6-9)(Ho, Stephen) (Entered: 11/21/2017)
2017-11-2225REPLY to opposition to motion re 20 MOTION for Order Setting Production Schedule filed by COCA COLA COMPANY & SUBSIDIARIES. (Martinelli, Robert) (Entered: 11/22/2017)
2018-01-10MINUTE ORDER. It is hereby ORDERED that the parties shall appear for a Status Conference on January 17, 2018 at 10 a.m. in Courtroom 2, before Judge Trevor N. McFadden. Signed by Judge Trevor N. McFadden on 1/10/2018. (lctnm2) (Entered: 01/10/2018)
2018-01-10Set/Reset Hearings: Status Conference scheduled for 1/17/2018, at 10:00 AM in Courtroom 2, before Judge Trevor N. McFadden. (hmc) (Entered: 01/10/2018)
2018-01-12MINUTE ORDER. Pursuant to the parties' request, the Status Conference set for January 17, 2018 is hereby RESCHEDULED for February 1, 2018 at 10:00 a.m. in Courtroom 2, before Judge Trevor N. McFadden. Signed by Judge Trevor N. McFadden on 1/12/2018. (lctnm2) (Entered: 01/12/2018)
2018-01-1226NOTICE of Appearance by Michael D. Kummer on behalf of COCA COLA COMPANY & SUBSIDIARIES (Kummer, Michael) (Entered: 01/12/2018)
2018-01-16Set/Reset Hearings: Status Conference rescheduled for 2/1/2018, at 10:00 AM in Courtroom 2, before Judge Trevor N. McFadden. (hmc) (Entered: 01/16/2018)
2018-01-2227MOTION to Stay re Set/Reset Hearings by INTERNAL REVENUE SERVICE (Kumar, Nishant) (Entered: 01/22/2018)
2018-01-23MINUTE ORDER denying Defendant's 27 Consent Motion to Stay as moot. The parties are directed to appear for the previously scheduled status conference on February 1, 2018 at 10:00 a.m. in Courtroom 2, before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/23/2018 (lctnm3) (Entered: 01/23/2018)
2018-01-3028MINUTE ORDER. The Plaintiff's 30 request to "postpone" the Status Conference scheduled for February 1, 2018 is DENIED. The parties are directed to appear as previously ordered. Signed by Judge Trevor N. McFadden on 1/30/2018. (lctnm2) Modified to add link on 1/31/2018 (znmw). (Entered: 01/30/2018)
2018-01-3029STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 1/30/2018. (lctnm2) (Entered: 01/30/2018)
2018-01-3030MOTION to Continue Status Conference by COCA COLA COMPANY & SUBSIDIARIES. "Leave to File Granted," signed by Judge Trevor N. McFadden on 1/30/2018. (znmw) (Entered: 01/31/2018)
2018-02-01Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held on 2/1/2018. Parties directed to file a Joint Status Report no later than 3/5/2018. (Court Reporter: Lisa Moreira.) (tg) (Entered: 02/01/2018)
2018-02-1431STIPULATION of Dismissal With Prejudice by COCA COLA COMPANY & SUBSIDIARIES. (Martinelli, Robert) (Entered: 02/14/2018)
2018-02-14MINUTE ORDER. Upon consideration of the parties' joint 31 Stipulation of Dismissal, this matter is DISMISSED with prejudice per the terms of the stipulation. Each party shall bear its own attorney's costs and fees, as stipulated. The Clerk of Court is directed to close the case. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/14/2018. (lctnm2) (Entered: 02/14/2018)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar