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Case TitleInsider Inc. et al v. Treasury Inspector General for Tax Administration
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv07896
Date Filed2020-09-24
Date Closed2021-11-04
JudgeJudge Paul G. Gardephe
PlaintiffInsider Inc.
PlaintiffAngela Wang
Case DescriptionAngela Wang, a reporter for Business Insider, submitted a FOIA request to the Treasury Inspector General for Tax Administration for records concerning a 150-page report compiled for the agency by former FBI agent Jeff Novitsky pertaining to the use of performance enhancing drugs by Olympic-level athletes. Wang also requested a fee waiver. The agency acknowledged receipt of the request. The agency issued a Glomar response neither confirming nor denying the existence of records based on Exemption 7(C) (invasion of privacy concerning law enforcement records). Wang filed an administrative appeal of the denial. The agency upheld the agency's Glomar response. Wang then filed suit.
Complaint issues: Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantTreasury Inspector General for Tax Administration
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [8]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-09-241COMPLAINT against Treasury Inspector General for Tax Administration. (Filing Fee $ 400.00, Receipt Number ANYSDC-21832434)Document filed by Angela Wang, Insider Inc.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D).(Schulz, David) (Entered: 09/24/2020)
2020-09-242CIVIL COVER SHEET filed..(Schulz, David) (Entered: 09/24/2020)
2020-09-243REQUEST FOR ISSUANCE OF SUMMONS as to Treasury Inspector General for Tax Administration, re: 1 Complaint,. Document filed by Insider Inc., Angela Wang..(Schulz, David) (Entered: 09/24/2020)
2020-09-244RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Axel Springer SE, Corporate Parent Axel Springer Digital Ventures GmbH for Insider Inc.. Document filed by Insider Inc., Angela Wang..(Schulz, David) (Entered: 09/24/2020)
2020-09-25***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David A. Schulz. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to New York. (sj) (Entered: 09/25/2020)
2020-09-25CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions . .(sj) (Entered: 09/25/2020)
2020-09-25Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (sj) (Entered: 09/25/2020)
2020-09-25Case Designated ECF. (sj) (Entered: 09/25/2020)
2020-09-255ELECTRONIC SUMMONS ISSUED as to Treasury Inspector General for Tax Administration. (sj) (Entered: 09/25/2020)
2020-09-266NOTICE OF PRETRIAL CONFERENCE: Counsel for all parties are directed to appear before the Court for an initial pretrial conference in accordance with Rule 16 of the Federal Rules of Civil Procedure on January 14, 2021 at 10:45 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. COUNSEL FOR PLAINTIFF(S) MUST: (i) IMMEDIATELY NOTIFY ALL ATTORNEYS IN THIS ACTION BY SERVING UPON EACH OF THEM COPIES OF THIS NOTICE AND THE COURT'S INDIVIDUAL PRACTICES; AND (ii) SEND A COPY OF SUCH NOTICE TO CHAMBERS (without attachments). IF COUNSEL FOR PLAINTIFF(S) IS UNAWARE OF THE IDENTITY OF COUNSEL FOR ANY OF THE PARTIES, COUNSEL FOR PLAINTIFF(S) MUST IMMEDIATELY SEND COPIES OF THE NOTICE AND INDIVIDUAL PRACTICES TO THAT PARTY PERSONALLY. Principal trial counsel must appear at this and all subsequent conferences. And as set forth herein. SO ORDERED. Initial Conference set for 1/14/2021 at 10:45 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 9/26/2020) (ama) (Entered: 09/27/2020)
2020-11-067ANSWER to 1 Complaint,. Document filed by Treasury Inspector General for Tax Administration..(Simon, Jennifer) (Entered: 11/06/2020)
2021-01-068ORDER: The conference currently scheduled for January 14, 2021 at 10:45 a.m. will take place by telephone. The parties are directed to dial 888-363-4749 to participate, and to enter the access code 6212642. The press and public may obtain access to the telephone conference by dialing the same number and using the same access code. The Court is holding multiple telephone conferences on this date. The parties should call in at the scheduled time and wait on the line for their case to be called. At that time, the Court will un-mute the parties lines. Seven days before the conference, the parties must email Michael_Ruocco@nysd.uscourts.gov and GardepheNYSDChambers@nysd.uscourts.gov with the phone numbers that the parties will be using to dial into the conference so that the Court knows which numbers to un-mute. The email should include the case name and case number in the subject line. SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/6/2021) (jca) (Entered: 01/06/2021)
2021-01-079JOINT LETTER addressed to Judge Paul G. Gardephe from Jennifer C. Simon dated January 7, 2021 Document filed by Treasury Inspector General for Tax Administration..(Simon, Jennifer) (Entered: 01/07/2021)
2021-01-0810MEMO ENDORSEMENT on re: 9 Letter filed by Treasury Inspector General for Tax Administration, ENDORSEMENT: The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/8/2021) ( Cross Motions due by 3/19/2021., Motions due by 2/19/2021., Responses due by 4/16/2021, Replies due by 5/7/2021.) (ks) (Entered: 01/08/2021)
2021-02-1811JOINT LETTER MOTION for Extension of Time addressed to Judge Paul G. Gardephe from Charles Crain dated 02/18/2021. Document filed by Insider Inc., Angela Wang..(Crain, Charles) (Entered: 02/18/2021)
2021-02-1912ORDER granting 11 JOINT LETTER MOTION for Extension of Time. The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 2/19/2021) (jca) (Entered: 02/19/2021)
2021-02-19Set/Reset Deadlines: Cross Motions due by 4/19/2021. Motions due by 3/22/2021. Responses due by 5/17/2021, Replies due by 6/7/2021. (jca) (Entered: 02/19/2021)
2021-03-1813CONSENT LETTER MOTION for Extension of Time addressed to Judge Paul G. Gardephe from Jennifer C. Simon dated March 18, 2021. Document filed by Treasury Inspector General for Tax Administration..(Simon, Jennifer) (Entered: 03/18/2021)
2021-03-1914ORDER granting 13 CONSENT LETTER MOTION for Extension of Time. The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 3/19/2021) (jca) (Entered: 03/19/2021)
2021-05-1615JOINT LETTER MOTION for Extension of Time addressed to Judge Paul G. Gardephe from Charles Crain dated 05/16/2021. Document filed by Insider Inc., Angela Wang..(Crain, Charles) (Entered: 05/16/2021)
2021-05-1716ORDER: granting 15 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/17/2021) (ama) (Entered: 05/17/2021)
2021-06-2517STATUS REPORT. Document filed by Insider Inc., Angela Wang..(Crain, Charles) (Entered: 06/25/2021)
2021-06-2818NOTICE OF APPEARANCE by Stephen Stich on behalf of Insider Inc., Angela Wang..(Stich, Stephen) (Entered: 06/28/2021)
2021-06-2919MEMO ENDORSEMENT on re: 17 Status Report filed by Insider Inc., Angela Wang. ENDORSEMENT: The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 6/29/2021) (kv) (Entered: 06/29/2021)
2021-07-2320STATUS REPORT. Document filed by Insider Inc., Angela Wang..(Stich, Stephen) (Entered: 07/23/2021)
2021-07-2621MEMO ENDORSEMENT re: 20 Status Report filed by Insider Inc., Angela Wang. ENDORSEMENT: The application is granted. (Signed by Judge Paul G. Gardephe on 7/26/2021) (nb) (Entered: 07/26/2021)
2021-09-0822JOINT LETTER addressed to Judge Paul G. Gardephe from Jennifer C. Simon dated September 8, 2021 Document filed by Treasury Inspector General for Tax Administration..(Simon, Jennifer) (Entered: 09/08/2021)
2021-09-1023MEMO ENDORSEMENT on re: 22 Letter filed by Treasury Inspector General for Tax Administration. ENDORSEMENT: The Application is granted. (Signed by Judge Paul G. Gardephe on 9/10/2021) (ate) Modified on 9/10/2021 (ate). (Entered: 09/10/2021)
2021-10-0624STATUS REPORT. Document filed by Insider Inc., Angela Wang..(Stich, Stephen) (Entered: 10/06/2021)
2021-10-0725MEMO ENDORSEMENT on re: 24 Status Report filed by Insider Inc., Angela Wang. ENDORSEMENT: The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 10/7/2021) (vfr) (Entered: 10/07/2021)
2021-10-1426NOTICE OF APPEARANCE by Natasha Waglow Teleanu on behalf of Treasury Inspector General for Tax Administration..(Teleanu, Natasha) (Entered: 10/14/2021)
2021-10-2627LETTER MOTION to Adjourn Conference , update regarding settlement and adjournment sine die of November 5 status update addressed to Judge Paul G. Gardephe from Natasha W. Teleanu dated 10/26/2021. Document filed by Treasury Inspector General for Tax Administration. (Attachments: # 1 Text of Proposed Order Proposed Order of Settlement and Dismissal).(Teleanu, Natasha) (Entered: 10/26/2021)
2021-11-0428STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: 1. The record produced by TIGTA fully resolves any and all claims Plaintiffs now have or may hereafter acquire against TIGTA or the United States of America ("United States"), or any department, agency, officer, or employee of TIGTA and/or the United States, for the release of the record arising from Plaintiffs' FOIA request at issue in this action. 2. After the Court has approved and docketed this Stipulation and Order, within a reasonable period of time, TIGTA shall pay to Plaintiffs via electronic funds transfer the sum of TWO THOUSAND NINE HUNDRED DOLLARS AND ZERO CENTS ($2,900.00) in attorneys' fees and litigation costs, pursuant to 5 U.S.C. § 552(a)(4)(E), which sum Plaintiffs agree to accept in complete satisfaction of any and all claims by Plaintiffs for attorneys' fees, expenses, costs, interest, and any other sums related to this litigation. Counsel for Plaintiffs will provide the necessary information for TIGTA to effectuate the electronic funds transfer. 3. This action is hereby dismissed with prejudice, and without costs or fees other than as provided in paragraph 2 of this Stipulation and Order, provided that the Court shall retain jurisdiction for the purpose of enforcing this Stipulation and Order. 4. This Stipulation and Order shall not constitute an admission of liability or fault on the part of TIGTA or the United States or their agents, servants, or employees, and is entered into by all parties for the sole purpose of compromising disputed claims and avoiding the expenses and risks of further litigation. 5. The parties agree that this Stipulation and Order will not be used as evidence or otherwise in any pending or future civil or administrative action against TIGTA, the United States, or any agency or instrumentality of the United States. 6. The parties understand and agree that this Stipulation and Order contains the entire agreement between them, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. 7. Any obligation of the Government to expend funds under this Stipulation is subject to the availability of appropriations in accordance with the Anti Deficiency Act, 31 U.S.C. § 1341. This Stipulation shall not be construed to require the Government to obligate or pay funds in contravention of the Anti-Deficiency Act. 8. Counsel for TIGTA will be filing this Stipulation and Order via the ECF system on behalf of all parties. Pursuant to Rule 8.5(b) of the Electronic Case Filing Rules & Instructions of the U.S. District Court for the Southern District of New York, counsel for Plaintiffs consents to the electronic filing of this Stipulation and Order by counsel for TIGTA. The Clerk of Court is directed to close the case. Any pending dates and deadlines are adjourned sine die. SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/4/2021) (kv) Transmission to Finance Unit (Cashiers) for processing. (Entered: 11/04/2021)
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