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Case TitleClark et al vs IRS
DistrictNorthern District of Texas
CityFort Worth
Case Number4:2018cv00151
Date Filed2018-02-23
Date Closed2019-03-08
JudgeJudge John McBryde
PlaintiffRay G. Clark
PlaintiffJudith A. Clark
Case DescriptionRay and Judith Clark submitted FOIA requests to the IRS for records concerning their taxes and those of two companies they owned. The agency acknowledged receipt of the requests and provided a partial response of 2,083 pages, 166 pages of which were withheld in full and 75 pages in part. The Clarks filed an administrative appeal. The agency responded to their appeal but did not provide any more documents. The Clarks then filed suit.
Complaint issues: Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantInternal Revenue Service
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-02-231COMPLAINT against Internal Revenue Service filed by Ray G. Clark, Judith A. Clark. (Filing fee $400; Receipt number 0539-9009539) Clerk to issue summons(es). 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 Exhibit(s), # 2 Cover Sheet) (Brown, Lawrence) Modified on 2/23/2018 (wrb). (Entered: 02/23/2018)
2018-02-232CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Judith A. Clark, Ray G. Clark. (Brown, Lawrence) (Entered: 02/23/2018)
2018-02-233New Case Notes: A filing fee has been paid. File to Judge McBryde. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (wrb) (Entered: 02/23/2018)
2018-02-234Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Judge John McBryde on 2/23/2018) (wrb) (Entered: 02/23/2018)
2018-02-235Summons issued as to Internal Revenue Service, U.S. Attorney, and U.S. Attorney General. (wrb) (Entered: 02/23/2018)
2018-02-286Received original/judge's copy of initiating documents pursuant to Standing order re: 2 Cert. Of Interested Persons/Disclosure Statement, 1 Complaint filed by Judith A. Clark, Ray G. Clark (Attachments: # 1 Additional Page(s) COIP) (wrb) (Entered: 03/01/2018)
2018-03-227[unfiled per order of Mar 27 2018] NOTICE of Attorney Appearance by Matthew B. Miller on behalf of Internal Revenue Service. (Filer confirms contact info in ECF is current.) (Miller, Matthew) Modified on 3/27/2018 (wrb). (Entered: 03/22/2018)
2018-03-278Order Unfiling 7 Notice of Attorney Appearance filed by Internal Revenue Service due to the following deficiency: Case not designated for efiling. re: 7 Notice of Attorney Appearance (Ordered by Judge John McBryde on 3/27/2018) (wrb) (Entered: 03/27/2018)
2018-03-289NOTICE of Attorney Appearance by Matthew B. Miller on behalf of Internal Revenue Service. (bdb) (Entered: 03/28/2018)
2018-03-2810MOTION for Extension of Time to File Response to 1 Complaint filed by Internal Revenue Service. (bdb) (Entered: 03/28/2018)
2018-03-2811ORDER ON THE INTERNAL REVENUE SERVICE'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSIVE PLEADING: Defendant, the Internal Revenue Service, has moved for an extension of time to answer or otherwise respond to the Complaint. The Plaintiffs do not oppose this request. For good cause shown, the Service's motion is GRANTED. The Service shall file its responsive pleading by April 4, 2018. (Ordered by Judge John McBryde on 3/28/2018) (bdb) (Entered: 03/28/2018)
2018-03-2912SUMMONS Returned Executed as to Internal Revenue Service ; served by cmrr on 3/5/2018. (wrb) (Entered: 03/29/2018)
2018-03-2913SUMMONS Returned Executed as to Atty Gen US; served by cmrr on 3/7/2018. (wrb) (Entered: 03/29/2018)
2018-03-2914SUMMONS Returned Executed as to US Atty, Civil Process Clerk ; served by cmrr 3/5/2018. (wrb) (Entered: 03/29/2018)
2018-03-3015*** UNFILED PER ORDER 16 *** Unopposed Motion for Extension of Time to File Responsive Pleading/Answer filed by Internal Revenue Service (npk) Modified on 4/3/2018 (wxc). (Entered: 03/30/2018)
2018-03-3016ORDER Unfiling 15 Motion for Extension of Time to File Answer filed by Internal Revenue Service due to the following deficiency: The signature of the attorney of record or the party proceeding pro se is required on each document filed. (Ordered by Judge John McBryde on 3/30/2018) (bdb) (Entered: 04/02/2018)
2018-04-0417STATUS REPORT ORDER: Joint Status Report due by 4 p.m. on 5/4/2018. (Ordered by Judge John McBryde on 4/4/2018) (tln) (Entered: 04/04/2018)
2018-04-0418ANSWER 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. (bdb) (Entered: 04/05/2018)
2018-04-0919CERTIFICATE OF INTERESTED PERSONS by Internal Revenue Service. (wrb) (Entered: 04/09/2018)
2018-05-0120JOINT STATUS REPORT filed by Judith A. Clark, Ray G. Clark, Internal Revenue Service. (wrb) (Entered: 05/01/2018)
2018-05-0221ORDER SETTING SCHEDULE AND PROVIDING SPECIAL PRETRIAL INSTRUCTIONS... Amended Pleadings due by 10/17/2018. Discovery due by 12/17/2018. Pretrial Conference set for 1/7/2019 09:30 AM before Judge John McBryde. Joinder of Parties due by 8/6/2018. Bench Trial set for 2/11/2019 09:00 AM before Judge John McBryde. (Ordered by Judge John McBryde on 5/2/2018) (wrb) (Entered: 05/02/2018)
2018-05-0322Defendant's REPORT Concerning Settlement Authority filed by Internal Revenue Service. (wrb) (Entered: 05/03/2018)
2018-10-1823Unopposed MOTION to Amend 21 Scheduling Order, filed by Internal Revenue Service (wrb) (Entered: 10/18/2018)
2018-10-1824Declaration of Christopher P. Valvardi by Internal Revenue Service. (wrb) (Entered: 10/18/2018)
2018-10-2225ORDER: Came on for consideration the 23 unopposed motion of defendant, Internal Revenue Service, to amend scheduling order. The court, having considered the motion, the record, and applicable authorities, finds that the motion should be granted in part as set forth herein. The court ORDERS that the unopposed motion to amend scheduling order be, and is hereby, granted in part, and the deadline for filing motions for summary judgment be, and is hereby, extended to November 21, 2018. The court further ORDERS that the motion be, and is hereby, otherwise denied. (Ordered by Senior Judge John McBryde on 10/22/2018) (tln) (Entered: 10/22/2018)
2018-11-2126MOTION for Summary Judgment filed by Internal Revenue Service (wrb) (Entered: 11/21/2018)
2018-11-2127Brief in Support filed by Internal Revenue Service re 26 MOTION for Summary Judgment (wrb) (Entered: 11/21/2018)
2018-11-2128Appendix in Support filed by Internal Revenue Service re 26 MOTION for Summary Judgment (wrb) (Entered: 11/21/2018)
2018-12-0329MOTION for Protective Order filed by Internal Revenue Service. (bdb) (Entered: 12/03/2018)
2018-12-0330Brief in Support filed by Internal Revenue Service re 29 MOTION for Protective Order. (bdb) (Entered: 12/03/2018)
2018-12-0331Appendix in Support filed by Internal Revenue Service re 29 MOTION for Protective Order. (bdb) (Entered: 12/03/2018)
2018-12-0732Opposition and Response to 26 MOTION for Summary Judgment and Request for In Camera Inspection or, in the Alternative, a Vaughn Index filed by Judith A. Clark, Ray G. Clark. (mpw) (Entered: 12/07/2018)
2018-12-0733Brief in Support filed by Judith A. Clark, Ray G. Clark re 32 Opposition and Response to 26 MOTION for Summary Judgment and Request for In Camera Inspection or, in the Alternative, a Vaughn Index. (mpw) (Entered: 12/07/2018)
2018-12-0734Appendix in Support filed by Judith A. Clark, Ray G. Clark re 32 Opposition and Response to 26 MOTION for Summary Judgment and Request for In Camera Inspection or, in the Alternative, a Vaughn Index. (mpw) (Entered: 12/07/2018)
2018-12-2035REPLY BRIEF in Support filed by Internal Revenue Service re 26 MOTION for Summary Judgment (wrb) (Entered: 12/21/2018)
2018-12-2036Appendix filed by Internal Revenue Service to the 35 Reply Brief in Support of Motion for Summary Judgment (Entered: 12/21/2018)
2018-12-2137Plaintiff's RESPONSE filed by Ray G. Clark, Judth A. Clark re: 29 MOTION for Protective Order (wrb) (Entered: 12/21/2018)
2018-12-2138Plaintiff's Brief in Support filed by Judith A. Clark, Ray G. Clark of 37 Response to Internal Rev Service's Motion for Protective Order (wrb) (Entered: 12/21/2018)
2018-12-2139Appendix filed by Judith A. Clark, Ray G. Clark to 38 Brief in Support of IRS's Motion for Protective Order (wrb) (Entered: 12/21/2018)
2018-12-2140DECLARATION OF CYNTHIA A. COOK by Judith A. Clark, Ray G. Clark. (wrb) (Entered: 12/21/2018)
2018-12-2741Joint MOTION to Stay of All Proceedings and Deadlines in Light of Lapse of Appropriations filed by Judith A. Clark, Ray G. Clark, Internal Revenue Service (wrb) (Entered: 12/27/2018)
2018-12-2742ORDER denying 26 Motion for Summary Judgment. ; denying 29 Motion for Protective Order (Ordered by Senior Judge John McBryde on 12/27/2018) (wrb) (Entered: 12/27/2018)
2018-12-2743ORDER granting 41 Motion to Stay filed by Judith A. Clark, Ray G. Clark, 41 Motion to Stay filed by Judith A. Clark, Ray G. Clark, Internal Revenue Service terminated.) (Ordered by Senior Judge John McBryde on 12/27/2018) (wrb) (Entered: 12/27/2018)
2019-01-3144ORDER: The court ORDERS that the stay imposed by the court's December 27, 2018, orders be, and is hereby, lifted. The court further ORDERS that the pretrial conferences in each of these actions take place at 10:00 a.m. on April 1, 2019. The court further ORDERS that the trial of each of these actions be, and is hereby, reset for May 13, 2019, with docket call at 9:00 a.m. on that date. In all other respects, the provisions of the orders setting schedule and providing special pretrial instructions (as previously amended) in each of these actions remain in full force and effect. (Ordered by Senior Judge John McBryde on 1/31/2019) (mpw) (Entered: 01/31/2019)
2019-03-0745JOINT STIPULATION OF DISMISSAL by Judith A. Clark, Ray G. Clark, Internal Revenue Service. (wrb) (Entered: 03/07/2019)
2019-03-0846FINAL JUDGMENT...in accordance with the joint stipulation of dismissal; claims of plaintiffs against deft are dismissed w/prej; each party bear the court costs and attys fees incurred. (Ordered by Senior Judge John McBryde on 3/8/2019) (wrb) (Entered: 03/08/2019)
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by FOIA Project Staff
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