Case Detail

FOIA Project Annotation: Judge Reggie Walton has ruled that records pertaining to discussions held by the Tax Reform Working Group that involved staff from OMB and the Department of Treasury as well as members of Congress are protected by the consultant corollary under Exemption 5 (privileges). In August 2017, American Oversight filed a FOIA request with OMB and Treasury asking for communications between agency staff and members of Congress pertaining to potential tax legislation from January 2017 to the date a search was conducted. American Oversight filed suit in October 2017. The House Ways and Means Committee asked to intervene, arguing that some records were congressional records not subject to FOIA. American Oversight elected not to challenge that claim and ultimately 16 documents bearing legends asserting control by congressional committees were withheld because they were not agency records. However, both OMB and Treasury withheld records under Exemption 5. Addressing the Exemption 5 claims, Walton recognized that whether deliberations involving Congress qualified under the inter- or intra-agency threshold depended on whether the agency solicited the records from a non-agency party serving as a consultant to the agency and whether the records were created to aid the agencies' deliberative process. Walton found that the agencies had solicited the records in a consultant capacity. He noted that "the declarations show that Treasury consulted with the Tax Reform Working Group and other members of Congress and their staff to benefit Treasury's decisionmaking process regarding the development of tax reform legislation, and that Treasury relied on these communications like they would the analysis and recommendations of an outside consultant." American Oversight argued that Treasury had not specifically solicited some of the communications. But Walton pointed out that "this does not change the underlying fact that Treasury had established a consultant relationship with the Tax Reform Working Group and other congressional actors in aid of its deliberative process." He added that "this arrangement reflects a 'mutual understanding' between Treasury and Congress regarding not only the role that their communications would play in the process of agency deliberations, but also that those communications would be kept confidential. . ." American Oversight also argued that the congressional committees frequently consulted with Treasury rather than the agency consulting with Congress. But Walton observed that "the Circuit has recognized that 'back-and-forth communications between the agency and an outsider can fall within the consultant corollary [doctrine], even when the outsider has interests and goals that differ from those of the agency.'" Walton concluded that the congressional input aided Treasury's deliberations. He indicated that "the interests of the members of Congress who interacted with Treasury on the Trump tax reform initiative are 'sufficiently aligned with the federal agency's interests so as to be included in the consultant corollary [doctrine].'" While Walton admitted that the interests of some congressional members did not directly align with those of Treasury, any divergence could not be characterized as impermissible self-interest. Having found that the congressional input qualified under the corollary consultant doctrine, Walton found the agencies' deliberative process privilege claims appropriate. He noted that "the fact that congressional actors might also have benefitted from these communications does not negate the fact that the communications were also deliberative as to Treasury's decisionmaking process."
Issues: Exemption 5 - Consultant privilege, Agency Record - Control

Date Filed	Doc #	Docket Text
2017-10-05	1	COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5147510) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons USAO, # 3 Summons Attorney General, # 4 Summons Treasury, # 5 Summons OMB, # 6 Exhibit A, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D, # 10 Exhibit E, # 11 Exhibit F, # 12 Exhibit G, # 13 Exhibit H)(France, Elizabeth) (Entered: 10/05/2017)
2017-10-05	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (France, Elizabeth) (Entered: 10/05/2017)
2017-10-06		Case Assigned to Judge Reggie B. Walton. (zsb) (Entered: 10/06/2017)
2017-10-06	3	SUMMONS (4) Issued Electronically as to OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF THE TREASURY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 10/06/2017)
2017-10-20	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/11/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 11/10/2017.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF MANAGEMENT AND BUDGET served on 10/11/2017; U.S. DEPARTMENT OF THE TREASURY served on 10/12/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/11/2017. (Attachments: # 1 Exhibit A)(France, Elizabeth) (Entered: 10/20/2017)
2017-10-20	5	GENERAL ORDER FOR CIVIL CASES BEFORE THE HONORABLE REGGIE B. WALTON. Signed by Judge Reggie B. Walton on October 20, 2017. (lcrbw3) (Entered: 10/20/2017)
2017-10-27	6	NOTICE of Appearance by Sara Kaiser Creighton on behalf of AMERICAN OVERSIGHT (Creighton, Sara) (Entered: 10/27/2017)
2017-11-13	7	NOTICE of Appearance by Rebecca Michelle Kopplin on behalf of All Defendants (Kopplin, Rebecca) (Entered: 11/13/2017)
2017-11-13	8	ANSWER to 1 Complaint by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF THE TREASURY.(Kopplin, Rebecca) Modified to add link on 11/14/2017 (znmw). (Entered: 11/13/2017)
2017-11-14		MINUTE ORDER. Because the plaintiff pursues this action under the Freedom of Information Act, the initial disclosure requirements of Federal Rule of Civil Procedure 26(a)(1)(A) are not implicated and no scheduling conference need be held. See Local Civ. R. 16.3(b)(10). Accordingly, it is hereby ORDERED that the parties shall submit to the Court on or before December 14, 2017, a joint status report, proposing a schedule for the filing of, if any, dispositive motions, oppositions thereto, and replies. Signed by Judge Reggie B. Walton on November 14, 2017. (lcrbw3) (Entered: 11/14/2017)
2017-11-14		Set/Reset Deadlines: Joint Status Report due by 12/14/2017 (hs) (Entered: 11/14/2017)
2017-12-14	9	Joint STATUS REPORT by AMERICAN OVERSIGHT. (Creighton, Sara) (Entered: 12/14/2017)
2017-12-19		MINUTE ORDER. Upon consideration of the proposed production schedules set forth in the parties' Joint Status Report, it is hereby ORDERED that the parties shall appear for a status hearing on Tuesday, January 2, 2018, at 2:30 p.m. It is further ORDERED that the United States Department of the Treasury shall be prepared to address the number of other pending FOIA requests it is currently processing, the resources it has available to process those requests, and why additional resources cannot be devoted to processing the plaintiff's request. Signed by Judge Reggie B. Walton on December 19, 2017. (lcrbw3) (Entered: 12/19/2017)
2017-12-19		Set/Reset Hearings: Status Conference set for 1/2/2018 at 02:30 PM in Courtroom 16 before Judge Reggie B. Walton. (hs) (Entered: 12/19/2017)
2017-12-29	10	NOTICE of Filing by U.S. DEPARTMENT OF THE TREASURY (Attachments: # 1 Exhibit Declaration)(Kopplin, Rebecca) (Entered: 12/29/2017)
2018-01-02	11	NOTICE of Filing by AMERICAN OVERSIGHT (Attachments: # 1 Declaration of Sara Creighton)(Creighton, Sara) (Entered: 01/02/2018)
2018-01-02	12	NOTICE of Appearance by John E. Bies on behalf of AMERICAN OVERSIGHT (Bies, John) (Entered: 01/02/2018)
2018-01-02		Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 1/2/2018. Joint oral motion for continuance; granted. Status Conference set for 2/2/2018 at 11:00 AM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Tim Miller) (hs) (Entered: 01/02/2018)
2018-01-03	13	ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before February 2, 2018, the United States Department of the Treasury ("Treasury") shall de-duplicate all documents it has identified as potentially responsive to the plaintiff's Treasury Congressional Request in order to determine the total number of unique documents potentially responsive to that request. It is further ORDERED that the parties shall appear for a status conference on February 2, 2018, at 11:00 a.m. At the status conference, Treasury should be prepared to report to the Court (1) the total number of unique documents it has determined to be potentially responsive to the plaintiff's Treasury Congressional Request and (2) the pace at which it believes that it can review and process those documents. Signed by Judge Reggie B. Walton on January 3, 2018. (lcrbw3) (Entered: 01/03/2018)
2018-02-02		Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 2/2/2018. Joint oral request for continuance; granted. Status Conference set for 4/6/2018 at 09:30 AM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) (hs) (Entered: 02/02/2018)
2018-02-02	14	ORDER. In accordance with the attached Order, it is hereby ORDERED that the United States Department of the Treasury ("Treasury") shall review and process the approximately 639 documents that it has identified as potentially responsive to the plaintiff's Treasury Congressional Request. Treasury shall review and process at least 60 documents by March 5, 2018, and at least an additional 60 documents each month thereafter. Treasury shall make rolling productions of any non-exempt, responsive records identified in its review for each month. It is further ORDERED that the parties shall appear for a status conference on April 6, 2018, at 9:30 a.m. Signed by Judge Reggie B. Walton on February 2, 2018. (lcrbw3) (Entered: 02/02/2018)
2018-04-06		Minute Entry: for proceedings held before Judge Reggie B. Walton: Status Conference held on 4/6/2018. Status Conference set for 7/5/2018 at 09:30 AM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Scott Wallace) (hs) (Entered: 04/06/2018)
2018-04-13	15	MOTION to Intervene by Committee on Ways and Means U.S. House of Representatives (Attachments: # 1 Declaration Carr Declaration, # 2 Exhibit Answer, # 3 Text of Proposed Order)(Hungar, Thomas) (Entered: 04/13/2018)
2018-04-13	16	NOTICE of Appearance by Thomas G. Hungar on behalf of Committee on Ways and Means U.S. House of Representatives (Hungar, Thomas) (Entered: 04/13/2018)
2018-04-13	17	NOTICE of Appearance by Kimberly Ann Hamm on behalf of Committee on Ways and Means U.S. House of Representatives (Hamm, Kimberly) (Entered: 04/13/2018)
2018-04-16		NOTICE OF ERROR re 15 Motion to Intervene; emailed to thomas.hungar@mail.house.gov, cc'd 11 associated attorneys -- The PDF file you docketed contained errors: 1. Reminder: Parties are always added using capital letters. (ztd, ) (Entered: 04/16/2018)
2018-06-14	18	MOTION for Leave to File Motion for Partial Summary Judgment by AMERICAN OVERSIGHT (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Creighton, Sara) (Entered: 06/14/2018)
2018-06-22		MINUTE ORDER. Upon consideration of the unopposed 15 Motion for Leave to Intervene of the Committee on Ways and Means of the U.S. House of Representatives, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the Committee is added as a defendant-intervenor in this action. It is further ORDERED that the Committee's [15-2] Answer is deemed filed as of the date of this Order. Signed by Judge Reggie B. Walton on June 22, 2018. (lcrbw3) (Entered: 06/22/2018)
2018-06-22	19	ANSWER to Complaint by COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES.(ztd) (Entered: 06/26/2018)
2018-06-28	20	RESPONSE re 18 MOTION for Leave to File Motion for Partial Summary Judgment filed by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF THE TREASURY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Kopplin, Rebecca) (Entered: 06/28/2018)
2018-07-03	21	MOTION to Modify Production Order by COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES (Attachments: # 1 Text of Proposed Order)(Hungar, Thomas) (Entered: 07/03/2018)
2018-07-03	22	REPLY to opposition to motion re 18 MOTION for Leave to File Motion for Partial Summary Judgment filed by AMERICAN OVERSIGHT. (France, Elizabeth) (Entered: 07/03/2018)
2018-07-04	23	Memorandum in opposition to re 21 MOTION to Modify Production Order filed by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order)(France, Elizabeth) (Entered: 07/04/2018)
2018-07-05		Minute Entry; for proceedings held before Judge Reggie B. Walton: Motion Hearing held on 7/5/2018 re 18 MOTION for Leave to File Motion for Partial Summary Judgment filed by AMERICAN OVERSIGHT, and 21 MOTION to Modify Production Order filed by COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES. Order reflecting rulings from the bench to issue via chambers. Status Conference set for 2/1/2019 at 09:30 AM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Cathryn Jones. (hs) (Entered: 07/05/2018)
2018-07-05	24	ORDER. See attached for further details. Signed by Judge Reggie B. Walton on July 5, 2018. (lcrbw3) (Entered: 07/05/2018)
2018-07-25	25	TRANSCRIPT OF PROCEEDINGS before Judge Reggie B. Walton held on July 5, 2018; Page Numbers: 1 - 26. Court Reporter/Transcriber Cathryn Jones, Telephone number 2023543246, Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 8/15/2018. Redacted Transcript Deadline set for 8/25/2018. Release of Transcript Restriction set for 10/23/2018.(Jones, Cathryn) (Entered: 07/25/2018)
2018-10-03	26	MOTION to Clarify re 24 Order on Motion for Leave to File, Order on Motion to Modify by COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES (Attachments: # 1 Text of Proposed Order)(Hungar, Thomas) (Entered: 10/03/2018)
2018-10-04	27	Memorandum in opposition to re 26 MOTION to Clarify re 24 Order on Motion for Leave to File, Order on Motion to Modify filed by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order)(France, Elizabeth) (Entered: 10/04/2018)
2018-10-09	28	REPLY to opposition to motion re 26 MOTION to Clarify re 24 Order on Motion for Leave to File, Order on Motion to Modify filed by COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES. (Hungar, Thomas) (Entered: 10/09/2018)
2018-10-09	29	NOTICE of Change of Address by Rebecca Michelle Kopplin (Kopplin, Rebecca) (Entered: 10/09/2018)
2018-10-10	30	RESPONSE re 26 MOTION to Clarify re 24 Order on Motion for Leave to File, Order on Motion to Modify filed by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF THE TREASURY. (Kopplin, Rebecca) (Entered: 10/10/2018)
2018-12-18	31	ORDER. See attached for further details. Signed by Judge Reggie B. Walton on December 18, 2018. (lcrbw3) (Entered: 12/18/2018)
2018-12-20		Set/Reset Deadlines: Joint Status Report due by 1/7/2019 (hs) (Entered: 12/20/2018)
2018-12-26	32	MOTION to Stay Joint Status Report and Production Deadlines by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF THE TREASURY (Attachments: # 1 Text of Proposed Order)(Kopplin, Rebecca) (Entered: 12/26/2018)
2019-01-03	33	MOTION to Withdraw as Attorney by COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES (Hungar, Thomas) (Entered: 01/03/2019)
2019-01-03	34	NOTICE of Appearance by Kristin A. Shapiro on behalf of COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES (Shapiro, Kristin) (Entered: 01/03/2019)
2019-01-07		MINUTE ORDER. Upon consideration of the defendants' 32 Motion for a Stay of Joint Status Report Deadline and of Upcoming OMB Production in Light of Lapse of Appropriations, and for good cause shown, it is hereby ORDERED that the motion is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED to the extent that the government seeks to vacate the impending deadlines in this case. The motion is DENIED in all other respects. It is further ORDERED that the impending deadlines in this case are VACATED pending further Order of the Court. It is further ORDERED that, on or before January 28, 2019, the parties shall file a joint status report regarding how this case shall proceed. Signed by Judge Reggie B. Walton on January 7, 2019. (lcrbw3) (Entered: 01/07/2019)
2019-01-07		Set/Reset Deadlines: Joint Status Report due by 1/28/2019 (hs) (Entered: 01/07/2019)
2019-01-07	35	NOTICE of correction by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF THE TREASURY (Kopplin, Rebecca) (Entered: 01/07/2019)
2019-01-08		MINUTE ORDER. Upon consideration of the defendant-intervenor's 33 Motion To Withdraw as Counsel, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Thomas G. Hungar is TERMINATED as counsel for the defendant-intervenor in this case. Signed by Judge Reggie B. Walton on January 8, 2019. (lcrbw3) (Entered: 01/08/2019)
2019-01-23		MINUTE ORDER. In light of the continued lapse in appropriations, it is hereby ORDERED that the previously imposed deadline for filing a joint status report on or before January 28, 2019, and the status conference currently scheduled for February 1, 2019, are VACATED. It is further ORDERED that, on or before fourteen days after appropriations have been restored, the parties shall file a joint status report proposing new deadlines in this case. Signed by Judge Reggie B. Walton on January 23, 2019. (lcrbw3) (Entered: 01/23/2019)
2019-01-28	36	NOTICE of Restoration of Appropriations by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF THE TREASURY (Kopplin, Rebecca) (Entered: 01/28/2019)
2019-02-08	37	Joint STATUS REPORT by AMERICAN OVERSIGHT. (France, Elizabeth) (Entered: 02/08/2019)
2019-02-15		MINUTE ORDER. Upon consideration of the parties' 37 Joint Status Report, and for good cause shown, it is hereby ORDERED that the Office of Management and Budget shall complete its final production on or before February 15, 2019. It is further ORDERED that, on or before February 15, 2019, the United States Department of the Treasury shall inform the plaintiff of its determinations concerning any documents containing a legend asserting congressional control over those documents or parts of those documents. It is further ORDERED that, on or before February 22, 2019, the plaintiff shall inform the defendants of the scope of its challenges regarding the defendants' withholdings. It is further ORDERED that, on or before March 15, 2019, the parties shall file a joint status report proposing a schedule for how this case should proceed. Signed by Judge Reggie B. Walton on February 15, 2019. (lcrbw3) (Entered: 02/15/2019)
2019-02-22		Set/Reset Deadlines: Joint Status Report due by 3/15/2019 (hs) (Entered: 02/22/2019)
2019-03-15	38	Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF THE TREASURY. (Kopplin, Rebecca) (Entered: 03/15/2019)
2019-03-25	39	STIPULATION of Dismissal as to Defendant OMB by AMERICAN OVERSIGHT. (France, Elizabeth) (Entered: 03/25/2019)
2019-04-02	40	MOTION to Withdraw as Attorney by COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES (Hamm, Kimberly) (Entered: 04/02/2019)
2019-04-02		MINUTE ORDER. Upon consideration of the defendant-intervenor's 40 Motion to Withdraw as Counsel, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Kimberly Hamm is TERMINATED as counsel for the defendant-intervenor in this case. Signed by Judge Reggie B. Walton on April 2, 2019. (lcrbw3) (Entered: 04/02/2019)
2019-04-04		MINUTE ORDER. In light of the parties' 39 Joint Stipulation of Voluntary Dismissal of Defendant Office of Management and Budget, it is hereby ORDERED that the plaintiff's claims against the Office of Management and Budget are DISMISSED WITH PREJUDICE. Signed by Judge Reggie B. Walton on April 4, 2019. (lcrbw3) (Entered: 04/04/2019)
2019-04-04		MINUTE ORDER. Upon consideration of the parties' 38 Joint Status Report, and for good cause shown, it is hereby ORDERED that (1) the United States Department of the Treasury ("Treasury") shall file its motion for summary judgment on or before May 24, 2019, (2) the plaintiff shall file its combined cross-motion for summary judgment and opposition to Treasury's motion on or before June 28, 2019, (3) Treasury shall file its combined opposition to the plaintiff's cross-motion and reply in support of its motion on or before July 26, 2019, and (4) the plaintiff shall file its reply in support of its motion on or before August 9, 2019. Signed by Judge Reggie B. Walton on April 4, 2019. (lcrbw3) (Entered: 04/04/2019)
2019-04-09		Set/Reset Deadlines: Cross Motions due by 6/28/2019. Response to Cross Motions due by 7/26/2019. Summary Judgment motions due by 5/24/2019. Plaintiff's Reply in support of Motion for Summary Judgment due by 8/9/2019. (hs) (Entered: 04/09/2019)
2019-04-30	41	MOTION to Intervene by JOINT COMMITTEE ON TAXATION OF THE U.S. CONGRESS (Attachments: # 1 Declaration of Thomas A. Barthold, # 2 Declaration of Kristin A. Shapiro, # 3 Exhibit Answer, # 4 Text of Proposed Order)(Letter, Douglas) (Entered: 04/30/2019)
2019-05-14	42	Memorandum in opposition to re 41 MOTION to Intervene filed by AMERICAN OVERSIGHT. (France, Elizabeth) (Entered: 05/14/2019)
2019-05-14	43	MOTION to Dismiss Joint Committee on Taxation by AMERICAN OVERSIGHT (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(France, Elizabeth) (Entered: 05/14/2019)
2019-05-16	44	Unopposed MOTION for Extension of Time to File Response/Reply as to 41 MOTION to Intervene , 43 MOTION to Dismiss Joint Committee on Taxation by JCT and by AMERICAN OVERSIGHT (Attachments: # 1 Text of Proposed Order)(France, Elizabeth) (Entered: 05/16/2019)
2019-05-17	45	Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF THE TREASURY (Attachments: # 1 Text of Proposed Order)(Kopplin, Rebecca) (Entered: 05/17/2019)
2019-05-20		MINUTE ORDER. Upon consideration of the 44 Motion for Modification of Briefing Schedule with Regard to the Joint Committee on Taxation of the United States Congress's Motion to Intervene and American Oversight's Motion to Dismiss, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that (1) the Joint Committee on Taxation shall file its combined memorandum in support of its motion to intervene and in opposition to the plaintiff's motion to dismiss on or before May 30, 2019, and (2) the plaintiff shall file its reply in support of its motion to dismiss on or before June 7, 2019. Signed by Judge Reggie B. Walton on May 20, 2019. (lcrbw3) (Entered: 05/20/2019)
2019-05-20		MINUTE ORDER. Upon consideration of the United States Department of the Treasury's ("Treasury") 45 Unopposed Motion for Extension of Time to File Summary Judgment Motion, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the briefing schedule ordered by the Court on April 4, 2019, is MODIFIED as follows: (1) Treasury shall file its motion for summary judgment on or before June 7, 2019; (2) the plaintiff shall file its combined cross-motion for summary judgment and opposition to Treasury's motion on or before July 19, 2019; (3) Treasury shall file its combined opposition to the plaintiff's cross-motion and reply in support of its motion or before August 16, 2019; and (4) the plaintiff shall file its reply in support of its motion on or before August 30, 2019. Signed by Judge Reggie B. Walton on May 20, 2019. (lcrbw3) (Entered: 05/20/2019)
2019-05-21		Set/Reset Deadlines: (1) Treasury shall file its motion for summary judgment on or before June 7, 2019; (2) the plaintiff shall file its combined cross-motion for summary judgment and opposition to Treasury's motion on or before July 19, 2019; (3) Treasury shall file its combined opposition to the plaintiff's cross-motion and reply in support of its motion or before August 16, 2019; and (4) the plaintiff shall file its reply in support of its motion on or before August 30, 2019 (hs) (Entered: 05/21/2019)
2019-05-21		Set/Reset Deadlines: (1) the Joint Committee on Taxation shall file its combined memorandum in support of its motion to intervene and in opposition to the plaintiff's motion to dismiss on or before May 30, 2019, and (2) the plaintiff shall file its reply in support of its motion to dismiss on or before June 7, 2019 (hs) (Entered: 05/21/2019)
2019-05-30	46	REPLY to opposition to motion re 41 MOTION to Intervene filed by JOINT COMMITTEE ON TAXATION OF THE U.S. CONGRESS. (Attachments: # 1 Declaration Declaration of Lily T. Hsu)(Letter, Douglas) (Entered: 05/30/2019)
2019-05-30	47	Memorandum in opposition to re 43 MOTION to Dismiss Joint Committee on Taxation filed by JOINT COMMITTEE ON TAXATION OF THE U.S. CONGRESS. (Attachments: # 1 Declaration Declaration of Lily T. Hsu)(Letter, Douglas) (Entered: 05/30/2019)
2019-06-07	48	REPLY to opposition to motion re 43 MOTION to Dismiss Joint Committee on Taxation filed by AMERICAN OVERSIGHT. (France, Elizabeth) (Entered: 06/07/2019)
2019-06-07	49	MOTION for Summary Judgment by U.S. DEPARTMENT OF THE TREASURY (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, Declaration of Daniel J. Kowalski, # 3 Exhibit 2, Declaration of Andrew B. Stein, # 4 Statement of Facts, # 5 Text of Proposed Order)(Kopplin, Rebecca) (Entered: 06/07/2019)
2019-07-19	50	Cross MOTION for Summary Judgment by AMERICAN OVERSIGHT (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Declaration of Elizabeth France, # 4 Statement of Facts)(France, Elizabeth) (Entered: 07/19/2019)
2019-07-19	51	Memorandum in opposition to re 49 MOTION for Summary Judgment filed by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Elizabeth France, # 3 Statement of Facts)(France, Elizabeth) (Entered: 07/19/2019)
2019-08-16	52	Memorandum in opposition to re 50 Cross MOTION for Summary Judgment and Combined Reply in Support of Defendant's Motion for Summary Judgment filed by U.S. DEPARTMENT OF THE TREASURY. (Attachments: # 1 Exhibit Defendant's Response to Plaintiff's Statement of Material Facts)(Kopplin, Rebecca) (Entered: 08/16/2019)
2019-08-16	53	REPLY to opposition to motion re 49 MOTION for Summary Judgment and Combined Opposition to Plaintiff's Motion for Summary Judgment filed by U.S. DEPARTMENT OF THE TREASURY. (Kopplin, Rebecca) (Entered: 08/16/2019)
2019-08-30	54	REPLY to opposition to motion re 50 Cross MOTION for Summary Judgment filed by AMERICAN OVERSIGHT. (France, Elizabeth) (Entered: 08/30/2019)
2019-10-22	55	NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN OVERSIGHT. Attorney Elizabeth France terminated. (France, Elizabeth) (Entered: 10/22/2019)
2020-01-24		MINUTE ORDER. The Court requiring additional information before resolving the pending motions in this case, it is hereby ORDERED that the parties shall appear before the Court for a motions hearing on March 3, 2020, at 11:00 a.m. Signed by Judge Reggie B. Walton on January 24, 2020. (lcrbw3) (Entered: 01/24/2020)
2020-01-27		Set/Reset Hearings: Motion Hearing set for 3/3/2020 at 11:00 AM in Courtroom 16 before Judge Reggie B. Walton. (hs) (Entered: 01/27/2020)
2020-01-31	56	NOTICE OF SUBSTITUTION OF COUNSEL by Brooks McKinly Hanner on behalf of COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES, JOINT COMMITTEE ON TAXATION OF THE U.S. CONGRESS Substituting for attorney Kristin A. Shapiro (Hanner, Brooks) (Entered: 01/31/2020)
2020-01-31	57	NOTICE of Appearance by Todd Barry Tatelman on behalf of COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES, JOINT COMMITTEE ON TAXATION OF THE U.S. CONGRESS (Tatelman, Todd) (Entered: 01/31/2020)
2020-02-24	58	NOTICE of Appearance by Katherine Marie Anthony on behalf of AMERICAN OVERSIGHT (Anthony, Katherine) (Entered: 02/24/2020)
2020-03-02	59	NOTICE of Submission of Amended Vaughn Index by U.S. DEPARTMENT OF THE TREASURY (Attachments: # 1 Exhibit A)(Kopplin, Rebecca) (Entered: 03/02/2020)
2020-03-03	60	ORDER. See attached Order for details. Signed by Judge Reggie B. Walton on March 3, 2020. (lcrbw3) (Entered: 03/03/2020)
2020-03-03		Minute Entry; for proceedings held before Judge Reggie B. Walton: Motions Hearing held on 3/3/2020. Oral Argument heard, written order to issue via Chambers. (Court Reporter Cathryn Jones) (hs) (Entered: 03/03/2020)
2020-03-12	61	NOTICE by AMERICAN OVERSIGHT (Anthony, Katherine) (Entered: 03/12/2020)
2020-06-01	62	ORDER. For the reasons to be set forth in the Memorandum Opinion to be issued by the Court within the next sixty days, absent extraordinary circumstances, the Court will grant the defendant's motion for summary judgment and deny the plaintiff's motion for summary judgment. Accordingly, it is hereby ORDERED that the 49 Defendant's Motion for Summary Judgment is GRANTED. It is further ORDERED that the 50 Plaintiff's Cross-Motion for Summary Judgment is DENIED. It is further ORDERED that this Order is not a final Order subject to appeal. Signed by Judge Reggie B. Walton on June 1, 2020. (lcrbw3) (Entered: 06/01/2020)
2020-07-22	63	MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on July 22, 2020. (lcrbw3) (Entered: 07/22/2020)
2020-07-22	64	ORDER. In accordance with the Memorandum Opinion issued on this same date, it is hereby ORDERED that the 49 Defendant's Motion for Summary Judgment is GRANTED. It is further ORDERED that the 50 Plaintiff's Cross-Motion for Summary Judgment is DENIED. It is further ORDERED that summary judgment is ENTERED for Treasury on the plaintiff's Complaint. It is further ORDERED that this case is CLOSED. Signed by Judge Reggie B. Walton on July 22, 2020. (lcrbw3) (Entered: 07/22/2020)
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