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Case TitleGyetvay v. Internal Revenue Service
DistrictMiddle District of Florida
CityFt. Myers
Case Number2:2022cv00572
Date Filed2022-09-09
Date ClosedOpen
JudgeJudge John L. Badalamenti
PlaintiffMark A. Gyetvay
Case DescriptionMark Gyetvay submitted FOIA requests to the IRS for records concerning himself from 2006 to 2016. The agency acknowledged receipt of the requests. The agency told Gyetvay that located nearly 12,000 responsive files. However, the agency withheld nearly all the responsive records, citing Exemption 3 (other statutes) and Exemption 7(A) (interference with ongoing investigation or proceeding). Gyetvay filed an administrative appeal. The agency upheld its original decision on appeal. Gyetvay then filed suit.
Complaint issues: Litigation - Attorney's fees

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

2022-09-091COMPLAINT for Injunctive Relief and Damages against Internal Revenue Service (Filing fee $402 receipt number AFLMDC-19981351) filed by Mark A. Gyetvay. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons Internal Revenue Service, # 3 Proposed Summons U.S. Attorney's Office, # 4 Proposed Summons Department of Justice)(Mueller, Matthew) (Entered: 09/09/2022)
2022-09-122NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:22-cv-0572-SPC-NPM. (SJB) (Entered: 09/12/2022)
2022-09-123CIVIL Action Order. Signed by All Divisional Judges on 9/12/2022. (SPB) (Entered: 09/12/2022)
2022-09-124SUMMONS issued as to Internal Revenue Service, U.S. Attorney and U.S. Attorney General. (SPB) (Entered: 09/12/2022)
2022-10-135RETURN of service executed on 9/21/22 by Mark A. Gyetvay as to Internal Revenue Service (Mueller, Matthew) Modified on 10/14/2022 to edit docket text (LMW). (Entered: 10/13/2022)
2022-10-136RETURN of service executed on 9/19/22 by Mark A. Gyetvay as to United States of America/US Attorney (Mueller, Matthew) Modified on 10/14/2022 to edit docket text (LMW). (Entered: 10/13/2022)
2022-11-147ANSWER and affirmative defenses to 1 Complaint, by Internal Revenue Service.(Carter, Kieran) Modified to reflect counsel notified of full use of case number on filings on 11/14/2022 (JK). (Entered: 11/14/2022)
2022-11-178NOTICE of hearing: Preliminary Pretrial Conference set for 1/19/2023 at 10:00 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 12/23/2022. All parties shall appear telephonically. The toll-free teleconference number is 1-877-873-8018. The access code is 5997085. You will then be prompted to enter a participant security code: 22572. All parties are encouraged to utilize a landline or similarly stable connection free of ambient interference to avoid having any portion of the conference conducted without them. (WRW) (Entered: 11/17/2022)
2022-12-159NOTICE of a related action per Local Rule 1.07(c) by Internal Revenue Service. Related case(s): Yes (Carter, Kieran) (Entered: 12/15/2022)
2022-12-2210CERTIFICATE of interested persons and corporate disclosure statement by Internal Revenue Service. (Carter, Kieran) (Entered: 12/22/2022)
2022-12-2211CERTIFICATE of interested persons and corporate disclosure statement by Mark A. Gyetvay. (Mueller, Matthew) (Entered: 12/22/2022)
2022-12-2312CASE MANAGEMENT REPORT. (Mueller, Matthew) (Entered: 12/23/2022)
2023-01-0313NOTICE of Lead Counsel Designation by Kieran O'Neill Carter on behalf of Internal Revenue Service. Lead Counsel: Kieran O. Carter. (Carter, Kieran) (Entered: 01/03/2023)
2023-01-0414NOTICE of Lead Counsel Designation by Matthew J. Mueller on behalf of Mark A. Gyetvay. Lead Counsel: Matthew J. Mueller. (Mueller, Matthew) (Entered: 01/04/2023)
2023-01-1915Minute Entry. Telephonic Proceedings held before Magistrate Judge Nicholas P. Mizell: PRELIMINARY PRETRIAL CONFERENCE held on 1/19/2023. (DIGITAL) (WRW) (Entered: 01/19/2023)
2023-01-2016FOIA CASE MANAGEMENT AND SCHEDULING ORDER: See Order for deadlines. Signed by Magistrate Judge Nicholas P. Mizell on 1/20/2023. (WRW) (Entered: 01/20/2023)
2023-01-2017TEXT ORDER. With consent of the transferee judges, this action is transferred to Judges Badalamenti and Dudek. The Clerk is directed to reassign this matter accordingly. Signed by Magistrate Judge Nicholas P. Mizell on 1/20/2023. (BB) (Entered: 01/20/2023)
2023-01-2318Case Reassigned to Judge John L. Badalamenti and Magistrate Judge Kyle C. Dudek. New case number: 2:22-cv-572-JLB-KCD. Judge Sheri Polster Chappell, Magistrate Judge Nicholas P. Mizell no longer assigned to the case. (SMG) (Entered: 01/23/2023)
2023-09-2519MOTION to Amend 16 Case Management Scheduling Order by Internal Revenue Service. (Attachments: # 1 Declaration of Joy Gerdy Zogby and Exhibit A)(Carter, Kieran) Motions referred to Magistrate Judge Kyle C. Dudek. (Entered: 09/25/2023)
2023-10-1020RESPONSE in Opposition re 19 MOTION to Amend 16 Case Management Scheduling Order filed by Mark A. Gyetvay. (Mueller, Matthew) (Entered: 10/10/2023)
2023-10-2521ORDER granting in part and denying in part 19 Motion to Amend the Scheduling Order. An amended FOIA case management and scheduling order will enter separately. Signed by Magistrate Judge Kyle C. Dudek on 10/25/2023. (CGW) (Entered: 10/25/2023)
2023-10-2622AMENDED FOIA CASE MANAGEMENT AND SCHEDULING ORDER. See order for court deadlines and directives. Signed by Magistrate Judge Kyle C. Dudek on 10/26/2023. (AEH) (Entered: 10/26/2023)
2024-04-2223Joint MOTION to Amend 22 Case Management Scheduling Order by Mark A. Gyetvay. (Mueller, Matthew) Motions referred to Magistrate Judge Kyle C. Dudek. (Entered: 04/22/2024)
2024-04-3024ENDORSED ORDER granting 23 Joint Motion to Amend Scheduling Order. To promote economy and conserve judicial resources, the parties' request that the mediation deadline be extended so that one consolidated mediation can occur in this case and Case No. 2:22-cv-571-JLB-KCD, is granted. Thus, the mediation deadline is extended to August 14, 2024. Given the lengthy extension, the Court sua sponte stays this action pending mediation. If the case does not settle, an amended schedule will issue to reset the remaining deadlines. The Clerk is directed to add a stay flag to the docket. Signed by Magistrate Judge Kyle C. Dudek on 4/30/2024. (BLW) (Entered: 04/30/2024)
2024-08-0325Unopposed MOTION to Extend Mediation and Related Deadlines by Mark A. Gyetvay. (Mueller, Matthew) Motions referred to Magistrate Judge Kyle C. Dudek. Modified text on 8/5/2024 (BD). (Entered: 08/03/2024)
2024-08-0526ENDORSED ORDER granting 25 Plaintiff's Unopposed Motion to Extend Mediation and Related Deadlines. An amended FOIA case management and scheduling order will enter separately. Signed by Magistrate Judge Kyle C. Dudek on 8/5/2024. (BLW) (Entered: 08/05/2024)
2024-08-0527SECOND AMENDED FOIA CASE MANAGEMENT AND SCHEDULING ORDER: See Order for dates and details. Signed by Magistrate Judge Kyle C. Dudek on 8/5/2024. (CGW) (Entered: 08/05/2024)
2024-09-1228MEDIATION report Hearing held on 9/12/2024. Hearing outcome: Impasse.. (Hasbun, Marcos) (Entered: 09/12/2024)
2024-09-2429MOTION to File Excess Pages by Internal Revenue Service. (Carter, Kieran) Motions referred to Magistrate Judge Kyle C. Dudek. (Entered: 09/24/2024)
2024-09-2730STATUS report by Internal Revenue Service. (Carter, Kieran) (Entered: 09/27/2024)
2024-09-3031ENDORSED ORDER granting in part 29 Defendant's Motion to File Excess Pages. The Court finds independent good cause to allow additional pages, but not to the extent requested. Defendant's motion for summary judgment, inclusive of all parts, may not exceed 45 pages. Signed by Magistrate Judge Kyle C. Dudek on 9/30/2024. (BLW) (Entered: 09/30/2024)
2024-10-1132Joint MOTION to Amend 27 Case Management Scheduling Order by Internal Revenue Service. (Carter, Kieran) Motions referred to Magistrate Judge Kyle C. Dudek. (Entered: 10/11/2024)
2024-10-1433ENDORSED ORDER granting 32 Joint Motion to Amend the Scheduling Order. An amended FOIA case management and scheduling order will enter separately. Signed by Magistrate Judge Kyle C. Dudek on 10/14/2024. (BLW) (Entered: 10/14/2024)
2024-10-1534THIRD AMENDED FOIA CASE MANAGEMENT AND SCHEDULING ORDER: See Order for dates and details. Signed by Magistrate Judge Kyle C. Dudek on 10/15/2024. (CGW) (Entered: 10/15/2024)
2024-11-0735MOTION for Summary Judgment by Internal Revenue Service. (Attachments: # 1 Declaration of Nikki Bossert, # 2 Exhibits to Declaration of Nikki Bossert, # 3 Declaration of Carmen Banerjee, # 4 Exhibits to Declaration of Carmen Banerjee)(Carter, Kieran) (Entered: 11/07/2024)
2024-11-2236Unopposed MOTION to File Excess Pages for Plaintiff's Response to Defendant's Motion for Summary Judgment by Mark A. Gyetvay. (Mueller, Matthew) Motions referred to Magistrate Judge Kyle C. Dudek. (Entered: 11/22/2024)
2024-11-2537ENDORSED ORDER granting 36 Plaintiff's Unopposed Motion to File Excess Pages. Plaintiff is granted an additional 20 pages to respond to Defendant's motion for summary judgment. Signed by Magistrate Judge Kyle C. Dudek on 11/25/2024. (BLW) (Entered: 11/25/2024)
2024-12-2038Cross MOTION for Summary Judgment by Mark A. Gyetvay. (Attachments: # 1 Affidavit Declaration of Matthew Mueller)(Mueller, Matthew) (Entered: 12/20/2024)
2024-12-2039RESPONSE in Opposition re 35 MOTION for Summary Judgment filed by Mark A. Gyetvay. (Attachments: # 1 Affidavit Declaration of Matthew Mueller)(Mueller, Matthew) (Entered: 12/20/2024)
2025-01-1440Unopposed MOTION to File Excess Pages by Internal Revenue Service. (Carter, Kieran) Motions referred to Magistrate Judge Kyle C. Dudek. (Entered: 01/14/2025)
2025-01-1541ENDORSED ORDER granting 40 Defendant's Unopposed Motion to File Excess Pages. Defendant may file a reply, not to exceed 15 pages, by January 17, 2025. Signed by Magistrate Judge Kyle C. Dudek on 1/15/2025. (BLW) (Entered: 01/15/2025)
2025-01-1742REPLY to Response to Motion re 35 MOTION for Summary Judgment filed by Internal Revenue Service. (Attachments: # 1 Supplemental Declaration of Nikki Bossert)(Carter, Kieran) (Entered: 01/17/2025)
2025-01-1743MEMORANDUM in opposition re 38 Motion for Summary Judgment filed by Internal Revenue Service. (Carter, Kieran) (Entered: 01/17/2025)
2025-01-3144REPLY to Response to Motion re 38 Cross MOTION for Summary Judgment filed by Mark A. Gyetvay. (Mueller, Matthew) (Entered: 01/31/2025)
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by FOIA Project Staff
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