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Case TitleCAUSE OF ACTION INSTITUTE v. INTERNAL REVENUE SERVICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv00770
Date Filed2015-05-26
Date Closed2017-10-31
JudgeJudge Ketanji Brown Jackson
PlaintiffCAUSE OF ACTION INSTITUTE
Case DescriptionTo investigate the legal and ethical implications of detailing Department of Justice attorneys to the White House, Cause of Action submitted a FOIA request to the IRS for records of communications between specified IRS officials and anyone using an email address associated with either the Treasury Inspector General for Tax Administration or the Executive Office of the President, relating to Norah E. Bringer. IRS initially closed the request because it did not adequately describe the records sought. Cause of Action challenged that action and the IRS re-opened the request. However, after seven months, the agency had not responded. Cause of Action also submitted a FOIA request to the Department of Justice's Tax Division for records of communications between Bringer and any IRS or EOP employees. After some clarification, the Tax Division provided a partial response to Cause of Action by providing a list of nine DOJ attorneys who had been detailed to the White House. However, the Tax Division did not respond to the other portions of the request. Cause of Action submitted a second FOIA request to the Tax Division for records concerning any DOJ Tax Division attorneys who were detailed to the White House. After clarifying the request, the agency had still not responded after a month. Cause of Action also submitted a FOIA request to the DOJ's Professional Responsibility Advisory Office for records concerning the detailing of DOJ attorneys to the White House. The agency acknowledged receipt of the request but had not responded after a month. Cause of Action also submitted a FOIA request to DOJ's Justice Management Division for records relating to detailing DOJ attorneys to the White House. The agency did not acknowledge receipt of the request after a month. Cause of Action then filed suit against both the IRS and DOJ.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantINTERNAL REVENUE SERVICE
DefendantU.S. DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-05-261COMPLAINT against INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-4109729) filed by CAUSE OF ACTION INSTITUTE. (Attachments: # 1 Exhibit # 1-15, # 2 Civil Cover Sheet, # 3 Summons to IRS, # 4 Summons to DOJ, # 5 Summons to US Attorney General, # 6 Summons to Civil Process Clerk, US Attorney's Office)(Epstein, Daniel) (Entered: 05/26/2015)
2015-05-262Corporate Disclosure Statement by CAUSE OF ACTION INSTITUTE. (Epstein, Daniel) (Entered: 05/26/2015)
2015-05-26Case Assigned to Judge Ketanji Brown Jackson. (rd) (Entered: 05/27/2015)
2015-05-273SUMMONS (4) Issued Electronically as to INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Form, # 2 Notice of Consent)(rd) (Entered: 05/27/2015)
2015-05-284GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives; failure to conform to this Order may, when appropriate, result in the imposition of sanctions. Signed by Judge Ketanji Brown Jackson on 05/28/2015. (lckbj1) (Entered: 05/28/2015)
2015-06-055RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. INTERNAL REVENUE SERVICE served on 6/1/2015 (Epstein, Daniel) (Entered: 06/05/2015)
2015-06-056RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 6/1/2015 (Epstein, Daniel) (Entered: 06/05/2015)
2015-06-057RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/1/15. (Epstein, Daniel) (Entered: 06/05/2015)
2015-06-058RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/4/2015. Answer due for ALL FEDERAL DEFENDANTS by 7/4/2015. (Epstein, Daniel) (Entered: 06/05/2015)
2015-06-189NOTICE of Appearance by Geoffrey John Klimas on behalf of INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE (Klimas, Geoffrey) (Entered: 06/18/2015)
2015-07-0610ANSWER to Complaint by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE.(Klimas, Geoffrey) (Entered: 07/06/2015)
2015-07-10MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure, by 7/24/2015. Signed by Judge Ketanji Brown Jackson on 07/10/2015. (lckbj1) (Entered: 07/10/2015)
2015-07-2411MEET AND CONFER STATEMENT. (Klimas, Geoffrey) (Entered: 07/24/2015)
2015-08-06MINUTE ORDER. Based on the representations made in the parties' 11 Joint Proposed Schedule, it is hereby ORDERED that the parties shall file a status report addressing further proceedings, including, if applicable, deadlines for final determinations, a schedule for any interim productions, and whether the parties need the Court to set a briefing schedule, by 8/31/2015. Signed by Judge Ketanji Brown Jackson on 08/06/2015. (lckbj1) (Entered: 08/06/2015)
2015-08-1912NOTICE OF WITHDRAWAL OF APPEARANCE as to CAUSE OF ACTION INSTITUTE. (Khetan, Prashant) (Entered: 08/19/2015)
2015-08-3113Joint STATUS REPORT by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE. (Klimas, Geoffrey) (Entered: 08/31/2015)
2015-09-02MINUTE ORDER. Based on the representations made in the parties' 13 Joint Status Report, it is hereby ORDERED that the parties shall file a status report addressing further proceedings, including, if applicable, deadlines for final determinations, a schedule for any interim productions, and whether the parties need the Court to set a briefing schedule, by 10/15/2015. Signed by Judge Ketanji Brown Jackson on 09/02/2015. (lckbj1, ) (Entered: 09/02/2015)
2015-10-0214NOTICE of Appearance by Ryan Patrick Mulvey on behalf of CAUSE OF ACTION INSTITUTE (Mulvey, Ryan) (Main Document 14 replaced on 10/5/2015) (jf). (Entered: 10/02/2015)
2015-10-1515Joint STATUS REPORT by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE. (Klimas, Geoffrey) (Entered: 10/15/2015)
2015-10-22MINUTE ORDER. Based on the representations made in the parties' 15 Joint Status Report, it is hereby ORDERED that the parties shall file a further status report on or before 11/16/2015, which shall include a proposed schedule for further proceedings, if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 10/22/2015. (lckbj1) (Entered: 10/22/2015)
2015-11-1616Joint STATUS REPORT by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE. (Klimas, Geoffrey) (Entered: 11/16/2015)
2015-11-18MINUTE ORDER. Based on the representations made in the parties' 16 Joint Status Report, it is hereby ORDERED that the parties shall file a further status report on or before 1/15/2016, which shall include a proposed schedule for further proceedings, if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 11/19/2015. (lckbj1) (Entered: 11/18/2015)
2016-01-1417Joint STATUS REPORT by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE. (Klimas, Geoffrey) (Entered: 01/14/2016)
2016-01-21MINUTE ORDER. Based on the representations made in the parties' 17 Joint Status Report, it is hereby ORDERED that the parties shall file a further status report on or before 3/31/2016, which shall include a proposed schedule for further proceedings, if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 1/21/2016. (lckbj1) (Entered: 01/21/2016)
2016-03-2118NOTICE of Appearance by Richard Jeremy Hagerman on behalf of INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE (Hagerman, Richard) (Entered: 03/21/2016)
2016-03-2219NOTICE of Change of Address by Ryan Patrick Mulvey (Mulvey, Ryan) (Entered: 03/22/2016)
2016-03-3020NOTICE of Appearance by Nelson Dietrich Wagner on behalf of INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE (Wagner, Nelson) (Entered: 03/30/2016)
2016-03-3121Joint STATUS REPORT by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE. (Hagerman, Richard) (Entered: 03/31/2016)
2016-04-05MINUTE ORDER. Based on the representations in the parties' 21 Joint Status Report, it is hereby ORDERED that, on or before 6/7/2016, the parties shall file a further joint status report, which shall contain a proposed schedule for future proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 4/5/2016. (lckbj1) (Entered: 04/05/2016)
2016-06-0722WITHDRAWN PURSUANT TO 24 NOTICE.....STATUS REPORT by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) Modified on 6/8/2016 (jf). (Entered: 06/07/2016)
2016-06-0823Joint STATUS REPORT by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE. (Hagerman, Richard) (Entered: 06/08/2016)
2016-06-0824NOTICE of Withdrawal of Status Report by CAUSE OF ACTION INSTITUTE re 22 Status Report (Mulvey, Ryan) (Entered: 06/08/2016)
2016-06-13MINUTE ORDER. Based on the representations in the parties' 23 Joint Status Report, it is hereby ORDERED that, on or before 9/9/2016, the parties shall file a further joint status report, which shall contain a proposed schedule for future proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 06/13/2016. (lckbj1) (Entered: 06/13/2016)
2016-08-0125NOTICE OF WITHDRAWAL OF APPEARANCE as to CAUSE OF ACTION INSTITUTE. Attorney Daniel Zachary Epstein terminated. (Epstein, Daniel) (Entered: 08/01/2016)
2016-09-0926Joint STATUS REPORT OF THE PARTIES by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE. (Hagerman, Richard) (Entered: 09/09/2016)
2016-09-13MINUTE ORDER. Based on the representations in the parties' 26 Joint Status Report, it is hereby ORDERED that, on or before 12/9/2016, the parties shall file a further joint status report, which shall contain a proposed schedule for future proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 09/13/2016. (lckbj1) (Entered: 09/13/2016)
2016-12-0927Joint STATUS REPORT by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE. (Hagerman, Richard) (Entered: 12/09/2016)
2016-12-12MINUTE ORDER. Based on the representations in the parties' 27 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report on or before 2/28/2017, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 12/12/2016. (lckbj1) (Entered: 12/12/2016)
2017-02-2828Joint STATUS REPORT AND PROPOSED SCHEDULE by U.S. DEPARTMENT OF JUSTICE. (Wagner, Nelson) (Entered: 02/28/2017)
2017-02-28MINUTE ORDER. Based on the representations in the parties' 28 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report on or before 4/28/2017, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 2/28/2017. (lckbj3) (Entered: 02/28/2017)
2017-04-2829Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Hagerman, Richard) (Entered: 04/28/2017)
2017-05-02MINUTE ORDER. In light of the representations made in the parties' 29 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report on or before 6/28/2017, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 05/02/2017. (lckbj1) (Entered: 05/02/2017)
2017-06-2830Joint STATUS REPORT by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE. (Hagerman, Richard) (Entered: 06/28/2017)
2017-06-29MINUTE ORDER. Based on the representations in the parties' 30 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report on or before 8/11/2017, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 06/29/2017. (lckbj1) (Entered: 06/29/2017)
2017-07-2631Consent MOTION for Extension of Time to File Status Report And Complete Responses by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Wagner, Nelson) (Entered: 07/26/2017)
2017-08-01MINUTE ORDER granting 31 Consent Motion for Extension of Time to File Status Report and Complete Responses. It is hereby ORDERED that the parties' joint status report is due on or before 8/31/2017. Signed by Judge Ketanji Brown Jackson on 8/1/2017. (lckbj1) (Entered: 08/01/2017)
2017-08-3132Joint STATUS REPORT by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF JUSTICE. (Hagerman, Richard) (Entered: 08/31/2017)
2017-08-31MINUTE ORDER. Based on the representations in the parties' 15 Joint Status Report, it is hereby ORDERED that the parties shall file a further status report on or before 10/31/2017, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 08/31/2017. (lckbj1) (Entered: 08/31/2017)
2017-10-3133STIPULATION of Dismissal , joint, with prejudice by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 10/31/2017)
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