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Case TitleLevin v. U.S. Internal Revenue Service
DistrictNorthern District of Alabama
CityNortheastern
Case Number5:2024cv00582
Date Filed2024-05-08
Date ClosedOpen
JudgeMagistrate Judge Herman N Johnson, Jr
PlaintiffMichelle A. Levin
Case DescriptionMichelle Levin, an attorney representing clients with disputes before the IRS, submitted a FOIA request to the IRS for records concerning employee retention credits created under the CARES Act. The agency acknowledged receipt of the request and classified Levin as a commercial requester. After hearing nothing further from the agency, Levin filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. Internal Revenue Service
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-05-081COMPLAINT against U.S. Internal Revenue Service, filed by Michelle A. Levin. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(LCB) (Entered: 05/09/2024)
2024-05-092NOTICE of assignment of case to a United States Magistrate Judge for trial. (LCB) (Entered: 05/09/2024)
2024-05-10Filing Fee: Filing fee $ 405, receipt_number AALNDC-4588791. related document 1 COMPLAINT against U.S. Internal Revenue Service, filed by Michelle A. Levin. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(LCB). (Oswalt, Cheryl) (Entered: 05/10/2024)
2024-05-133Summons Issued by the clerk as to U.S. Internal Revenue Service, U.S. Attorney and U.S. Attorney General - Merrick B. Garland and delivered to Plaintiff for service (LCB) (Entered: 05/13/2024)
2024-05-294NOTICE of Appearance by Robert J Atras on behalf of U.S. Internal Revenue Service (Atras, Robert) (Entered: 05/29/2024)
2024-06-035Joint MOTION for Extension of Time to Respond to Complaint Motion is RIPE 6/3/2024 . Any party may file a motion to reconsider within three (3) business days of a ruling on the motion. Filed by U.S. Internal Revenue Service. (Attachments: # 1 Text of Proposed Order)(Atras, Robert) (Entered: 06/03/2024)
2024-06-036ORDER: The court GRANTS 5 Motion for Extension of Time and ORDERS Defendant to answer or otherwise respond to Plaintiff's complaint by July 12, 2024. Signed by Magistrate Judge Herman N Johnson, Jr on 6/3/2024. (LCB) (Entered: 06/03/2024)
2024-06-257AMENDED COMPLAINT against U.S. Internal Revenue Service, filed by Michelle A. Levin. (Attachments: # 1 Exhibit IRS ERC Audits Undergo Changes as They Get Older, Tax Notes, # 2 Exhibit October 13, 2023 FOIA Request, # 3 Exhibit October 18, 2023 IRS Response, # 4 Exhibit October 25, 2023 email and Response, # 5 Exhibit November 6, 2023 email and letter, # 6 Exhibit December 22, 2023 Letter, # 7 Exhibit April 2, 2024 Email and Response, # 8 Exhibit May 8, 2024 Final Response Letter, # 9 Exhibit Plaintiff's Summary of Documents, # 10 Exhibit Copy of Examination Report in California case)(Oswalt, Cheryl) (Entered: 06/25/2024)
2024-07-108Unopposed MOTION for Extension of Time to Respond to Complaint Motion is RIPE 7/10/2024 . Any party may file a motion to reconsider within three (3) business days of a ruling on the motion. Filed by U.S. Internal Revenue Service. (Attachments: # 1 Text of Proposed Order)(Atras, Robert) (Entered: 07/10/2024)
2024-07-119ORDER: The Court GRANTS 8 Motion for Extension of Time and ORDERS Defendant to answer or otherwise respond to Plaintiff's complaint by August 12, 2024. Signed by Magistrate Judge Herman N Johnson, Jr on 7/11/2024. (LCB) (Entered: 07/11/2024)
2024-08-0910Unopposed MOTION for Extension of Time to Respond to Complaint Motion is RIPE 8/9/2024 . Any party may file a motion to reconsider within three (3) business days of a ruling on the motion. Filed by U.S. Internal Revenue Service. (Attachments: # 1 Text of Proposed Order)(Atras, Robert) (Entered: 08/09/2024)
2024-08-1211ORDER: The Court GRANTS 10 Motion for Extension of Time and ORDERS the Defendant to answer or otherwise respond to Plaintiff's complaint by September 11, 2024. Signed by Magistrate Judge Herman N Johnson, Jr on 8/12/2024. (LCB) (Entered: 08/12/2024)
2024-09-1012Unopposed MOTION for Extension of Time to Respond to Complaint Motion is RIPE 9/10/2024 . Any party may file a motion to reconsider within three (3) business days of a ruling on the motion. Filed by U.S. Internal Revenue Service. (Attachments: # 1 Text of Proposed Order)(Atras, Robert) (Entered: 09/10/2024)
2024-09-1113ORDER: The Court 12 Motion for Extension of Time and ORDERS Defendant to answer or otherwise respond to Plaintiff's complaint by September 25, 2024. Signed by Magistrate Judge Herman N Johnson, Jr on 9/11/2024. (LCB) (Entered: 09/11/2024)
2024-09-2514Unopposed MOTION for Extension of Time to Respond to Complaint Motion is RIPE 9/25/2024 . Any party may file a motion to reconsider within three (3) business days of a ruling on the motion. Filed by U.S. Internal Revenue Service. (Attachments: # 1 Text of Proposed Order)(Atras, Robert) (Entered: 09/25/2024)
2024-09-2515ORDER: The court GRANTS 14 Motion for Extension of Time ORDERS Defendant to answer or otherwise respond to Plaintiffs Complaint by October 9, 2024 . Signed by Magistrate Judge Herman N Johnson, Jr on 9/25/2024. (LCB) (Entered: 09/25/2024)
2024-10-0916Unopposed MOTION for Extension of Time to Respond to Complaint Motion is RIPE 10/9/2024 . Any party may file a motion to reconsider within three (3) business days of a ruling on the motion. Filed by U.S. Internal Revenue Service. (Attachments: # 1 Text of Proposed Order)(Atras, Robert) (Entered: 10/09/2024)
2024-10-1017ORDER: The Court GRANTS 16 Motion for Extension of Time and ORDERS Defendant to answer or otherwise respond to Plaintiff's complaint by November 8, 2024. Signed by Magistrate Judge Herman N Johnson, Jr on 10/12/2024. (LCB) (Entered: 10/10/2024)
2024-10-1018ORDER: The Court SETS a Telephone Status Conference for 11/12/2024 at 09:30 AM before Magistrate Judge Herman N Johnson Jr. Call-in information will be provided to the parties by email. Signed by Magistrate Judge Herman N Johnson, Jr on 10/10/2024. (LCB) (Entered: 10/10/2024)
2024-11-0819Final MOTION for Extension of Time to Respond to Complaint (Unopposed) Motion is RIPE 11/8/2024 . Any party may file a motion to reconsider within three (3) business days of a ruling on the motion. Filed by U.S. Internal Revenue Service. (Attachments: # 1 Text of Proposed Order)(Atras, Robert) (Entered: 11/08/2024)
2024-11-1020TEXT ORDER - the court CANCELS the telephone conference scheduled for 9:30 a.m. on November 12, 2024. Signed by Magistrate Judge Herman N Johnson, Jr on November 10, 2024. (ADH) (Entered: 11/10/2024)
2024-11-1221ORDER : The Court GRANTS 19 Motion for Extension of Time and ORDERS Defendant to answer or otherwise respond to the the Plaintiff's complaint by November 22, 2024. Signed by Magistrate Judge Herman N Johnson, Jr on 11/12/2024. (LCB) (Entered: 11/12/2024)
2024-11-2222ANSWER to 7 Amended Complaint,, by U.S. Internal Revenue Service.(Atras, Robert) (Entered: 11/22/2024)
2024-11-2223ORDER: Regarding compliance with Rule 26(f). Signed by Magistrate Judge Herman N Johnson, Jr on 11/22/2024. (LCB) (Entered: 11/22/2024)
2024-11-2224ORDER: That the parties are required to enter an election regarding the exercise of jurisdiction by a magistrate judge no later than January 6, 2025 ; in the absence of consent by all parties, the Clerk is directed to reassign the case to a randomly drawn district judge without further order after January 6, 2025 . Signed by Magistrate Judge Herman N Johnson, Jr on 11/22/2024. (LCB) (Entered: 11/22/2024)
2024-11-2225ORDER: The Court SETS a Telephone Status Conference for December 20, 2024 at 10:00 AM before Magistrate Judge Herman N Johnson Jr. Call-in information will be provided to the parties by email. Signed by Magistrate Judge Herman N Johnson, Jr on 11/22/2024. (LCB) (Entered: 11/22/2024)
2024-12-1726CONSENT to Jurisdiction by US Magistrate Judge by Michelle A. Levin, U.S. Internal Revenue Service. (LCB) (Entered: 12/17/2024)
2024-12-1727The Telephone Status Conference for December 20, 2024 at 10:00 AM before Magistrate Judge Herman N Johnson Jr is CANCELLED .(LCB) (Entered: 12/17/2024)
2024-12-1728INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS. Signed by Magistrate Judge Herman N Johnson, Jr on 12/17/2024. (LCB) (Entered: 12/17/2024)
2024-12-3029REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Exhibit List of Discovery Requests, # 2 Exhibit Order in 24-CV-805, # 3 Exhibit ERC Suits)(Oswalt, Cheryl) (Entered: 12/30/2024)
2025-01-0630ORDER: The court DENIES Plaintiffs present request to conduct discovery. Rather, the court ORDERS Defendant to release any additional non-exempt records responsive to Plaintiffs FOIA request by February 1, 2025. Within twenty-one (21) days of Defendants production, the parties must meet and confer to discuss and attempt to resolve any challenges to any claimed FOIA exemptions. Within fourteen (14) days of that meeting, the parties must file a status report. Signed by Magistrate Judge Herman N Johnson, Jr on 1/6/2025. (LCB) (Entered: 01/06/2025)
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