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Case TitleHEMMERLE et al v. INTERNAL REVENUE SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01841
Date Filed2015-10-29
Date Closed2017-08-31
JudgeJudge John D. Bates
PlaintiffKENNETH V. HEMMERLE Professional Association
PlaintiffCOMMITTEE FOR EFFICIENT GOVERNMENT, LLC
Case DescriptionKenneth Hemmerle and the Committee for Efficient Government submitted a number of FOIA requests to the IRS for records pertaining to alleged inefficiencies. The agency acknowledged receipt of the requests, but indicated it could not respond within the statutory deadline. Hemmerle then filed suit.
Complaint issues: Failure to respond within statutory time limit, 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

2015-10-291COMPLAINT against KENNETH V. HEMMERLE, COMMITTEE FOR EFFICIENT GOVERNMENT, LLC with Jury Demand ( Filing fee $ 400 receipt number 0090-4297369) filed by KENNETH V. HEMMERLE, COMMITTEE FOR EFFICIENT GOVERNMENT, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Pasano, Michael) (Entered: 10/29/2015)
2015-10-29Case Assigned to Judge John D. Bates. (md) (Entered: 10/30/2015)
2015-11-202MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kenneth V. Hemmerle, II, :Firm- Kenneth V. Hemmerle, II, P.A., :Address- 1322 NE 4th Avenue, Suite E. Phone No. - 954-768-9116. Fax No. - 954-768-9117 Filing fee $ 100, receipt number 0090-4322888. Fee Status: Fee Paid. by COMMITTEE FOR EFFICIENT GOVERNMENT, LLC, KENNETH V. HEMMERLE (Pasano, Michael) (Entered: 11/20/2015)
2015-11-20MINUTE ORDER:Upon consideration of 2 the motion for leave for Kenneth V. Hemmerle, II, to appear pro hac vice, and pursuant to Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the Clerk of Court shall enter the appearance of Kenneth V. Hemmerle, II, on behalf of plaintiffs. SO ORDERED. Signed by Judge John D. Bates on 11/20/15. (lcjdb1) (Entered: 11/20/2015)
2015-11-203REQUEST FOR SUMMONS TO ISSUE filed by KENNETH V. HEMMERLE, COMMITTEE FOR EFFICIENT GOVERNMENT, LLC. (Attachments: # 1 Summons, # 2 Summons)(Pasano, Michael) (Entered: 11/20/2015)
2015-11-234SUMMONS (3) Issued Electronically as to INTERNAL REVENUE SERVICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Forms)(zrdj) (Entered: 11/23/2015)
2015-12-155Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Respond to Complaint by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(McMonagle, Ryan) (Entered: 12/15/2015)
2015-12-15MINUTE ORDER: Upon consideration of 5 defendant's unopposed motion for extension of time to respond to complaint, and the entire record herein, it is hereby ORDERED that defendant's motion is GRANTED; and it is further ORDERED that the defendant shall answer or otherwise respond to plaintiffs' complaint by not later than February 8, 2016. SO ORDERED. Signed by Judge John D. Bates on 12/15/15. (lcjdb1) (Entered: 12/15/2015)
2016-02-086ANSWER to Complaint by INTERNAL REVENUE SERVICE.(McMonagle, Ryan) (Entered: 02/08/2016)
2016-02-107ORDER directing parties to confer and to submit a proposed briefing schedule for the filing of dispositive motions by not later than March 10, 2016. See text of order for details. Signed by Judge John D. Bates on 2/10/16. (lcjdb1) (Entered: 02/10/2016)
2016-02-10Set/Reset Deadlines: Dispositive Motions due by 3/10/2016. (tb) (Entered: 02/10/2016)
2016-03-098Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (McMonagle, Ryan) (Entered: 03/09/2016)
2016-03-10MINUTE ORDER: Upon consideration of 8 the parties' joint status report, and the record herein, it is hereby ORDERED that the parties shall submit a joint status report by not later than June 30, 2016, regarding defendant's production of responsive records. Signed by Judge John D. Bates on 3/10/16. (lcjdb1) (Entered: 03/10/2016)
2016-03-11Set/Reset Deadlines: The Joint Status Report is due by 6/30/2016. (jth) (Entered: 03/11/2016)
2016-06-309Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (McMonagle, Ryan) (Entered: 06/30/2016)
2016-07-05MINUTE ORDER: Upon consideration of 9 the parties' joint status report, and the record herein, it is hereby ORDERED that the parties shall submit a joint status report by not later than September 30, 2016, regarding defendant's production of responsive records. Signed by Judge John D. Bates on 7/5/16. (lcjdb1) (Entered: 07/05/2016)
2016-07-06Set/Reset Deadlines: Joint Status Report due by 9/30/2016. (tb) (Entered: 07/06/2016)
2016-08-0510WITHDRAWN PURSUANT TO NOTICE OF ERRATA FILED ON 08/09/16..... ANSWER to Complaint by INTERNAL REVENUE SERVICE.(McMonagle, Ryan) Modified on 8/11/2016 (jth). (Entered: 08/05/2016)
2016-08-0911ERRATA by INTERNAL REVENUE SERVICE 10 Answer to Complaint filed by INTERNAL REVENUE SERVICE. (McMonagle, Ryan) (Entered: 08/09/2016)
2016-09-3012Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (McMonagle, Ryan) (Entered: 09/30/2016)
2016-09-30MINUTE ORDER: Upon consideration of 12 the parties' joint status report, and the record herein, it is hereby ORDERED that the parties shall submit a joint status report by not later than January 30, 2017. Signed by Judge John D. Bates on 09/30/16. (lcjdb1) (Entered: 09/30/2016)
2016-10-03Set/Reset Deadlines: Joint Status Report due by 1/30/2017. (tb) (Entered: 10/03/2016)
2017-02-0313STATUS REPORT by INTERNAL REVENUE SERVICE. (McMonagle, Ryan) (Entered: 02/03/2017)
2017-02-03MINUTE ORDER: Upon consideration of 13 the parties' joint status report, and the record herein, it is hereby ORDERED that the parties shall submit a joint status report by not later than March 30, 2017. Signed by Judge John D. Bates on 02/03/17. (lcjdb1) (Entered: 02/03/2017)
2017-02-07Set/Reset Deadlines: Joint Status Report due by 3/30/2017. (tb) (Entered: 02/07/2017)
2017-03-3014STATUS REPORT by INTERNAL REVENUE SERVICE. (McMonagle, Ryan) (Entered: 03/30/2017)
2017-03-31MINUTE ORDER: Upon consideration of 14 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report by not later than June 30, 2017. Signed by Judge John D. Bates on 03/31/17. (lcjdb1) (Entered: 03/31/2017)
2017-04-03Set/Reset Deadlines: Joint Status Report due by 6/30/2017. (tb) (Entered: 04/03/2017)
2017-06-3015Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (McMonagle, Ryan) (Entered: 06/30/2017)
2017-07-05MINUTE ORDER: Upon consideration of 15 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report by not later than July 31, 2017. Signed by Judge John D. Bates on 07/05/17. (lcjdb1) (Entered: 07/05/2017)
2017-07-06Set/Reset Deadlines: Joint Status Report due by 7/31/2017. (tb) (Entered: 07/06/2017)
2017-07-3116Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (McMonagle, Ryan) (Entered: 07/31/2017)
2017-08-3117STIPULATION of Dismissal by INTERNAL REVENUE SERVICE. (McMonagle, Ryan) (Entered: 08/31/2017)
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