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Case TitleCASTRO v. INTERNAL REVENUE SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv01843
Date Filed2020-07-08
Date Closed2022-03-22
JudgeJudge Colleen Kollar-Kotelly
PlaintiffJOHN ANTHONY CASTRO
Case DescriptionJohn Castro, an enrolled agent with the IRS whose license was suspended and then reinstated by the agency, submitted two FOIA requests to the IRS for records concerning emails sent to Tony Wood pertaining to Castro and records related to the investigation of Castro. The agency acknowledged receipt of the requests and told Castro that his requests were too broad to allow for a search. After hearing nothing further from the agency, Castro filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantINTERNAL REVENUE SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [23]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-07-081COMPLAINT against INTERNAL REVENUE SERVICE ( Filing fee $ 400 receipt number ADCDC-7315451) filed by JOHN ANTHONY CASTRO. (Attachments: # 1 Civil Cover Sheet, # 2 Summons IRS, # 3 Summons USAG, # 4 Summons USAO)(Sorenson, C.) (Entered: 07/08/2020)
2020-07-09Case Assigned to Judge Colleen Kollar-Kotelly. (adh, ) (Entered: 07/09/2020)
2020-07-102SUMMONS (3) Issued Electronically as to INTERNAL REVENUE SERVICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 07/10/2020)
2020-07-103ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 7/10/2020. (DM) (Entered: 07/10/2020)
2020-08-104Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(Hunsader, Joseph) (Entered: 08/10/2020)
2020-08-11MINUTE ORDER. The court is in receipt of Defendant's 4 Unopposed Motion to Extend Deadline to Answer or Otherwise Respond to the Complaint. Defendant's Response is currently due August 19, 2020. Defendant requests an extension due to the need to further investigate certain files and due to other litigation obligations. Defendant's Motion is GRANTED. Defendant's Response is due SEPTEMBER 18, 2020. Signed by Judge Colleen Kollar-Kotelly on 8-11-2020. (lcckk3) (Entered: 08/11/2020)
2020-08-11Set/Reset Deadlines: Answer/Response due by 9/18/2020. (kt) (Entered: 08/11/2020)
2020-09-185ANSWER to Complaint by INTERNAL REVENUE SERVICE.(Hunsader, Joseph) (Entered: 09/18/2020)
2020-09-186ORDER for meet and confer and joint status report. Signed by Judge Colleen Kollar-Kotelly on 9-18-2020. (lcckk3) (Entered: 09/18/2020)
2020-09-18Set/Reset Deadlines: Joint Meet & Confer Statement due by 11/9/2020. (dot) (Entered: 09/21/2020)
2020-11-067Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Hunsader, Joseph) (Entered: 11/06/2020)
2020-11-06MINUTE ORDER. The Court is in receipt of the parties' 7 Joint Status Report. The Court ORDERS the parties to file by no later than JANUARY 22, 2021 a Joint Status Report addressing the status of Defendant's document production, the parties' positions regarding whether a Vaughn index will be required, and, if necessary, a proposed briefing schedule. Signed by Judge Colleen Kollar-Kotelly on 11/6/2020. (lcckk3) (Entered: 11/06/2020)
2020-11-06Set/Reset Deadlines: Joint Status Report due by 1/22/2021. (dot) (Entered: 11/06/2020)
2021-01-228Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Hunsader, Joseph) (Entered: 01/22/2021)
2021-01-22MINUTE ORDER. The Court is in receipt of the parties' 8 Joint Status Report. The parties indicate that Defendant has completed its release of responsive records. The parties are now conferring about whether Defendant conducted a reasonable search. As proposed in the joint status report, the Court ORDERS the parties to file by MARCH 19, 2021 a joint status report addressing whether Defendant will conduct any further search, whether summary judgment will be required, and, if so, the parties' proposed briefing schedule, and the parties positions regarding a Vaughn index. Signed by Judge Colleen Kollar-Kotelly on 1/22/21. (lcckk3) (Entered: 01/22/2021)
2021-01-22Set/Reset Deadlines: Joint Status Report due by 3/19/2021, addressing whether Defendant will conduct any further search, whether summary judgment will be required, and, if so, the parties' proposed briefing schedule, and the parties positions regarding a Vaughn index. (dot) (Entered: 01/25/2021)
2021-03-199Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Hunsader, Joseph) (Entered: 03/19/2021)
2021-03-1910SCHEDULING & PROCEDURES ORDER. Signed by Judge Colleen Kollar-Kotelly on 3/19/21. (lcckk3) (Entered: 03/19/2021)
2021-03-19Set/Reset Deadlines: Defendant's Summary Judgment Motion due by 5/19/2021. Response to Motion for Summary Judgment due by 6/24/2021. Reply to Motion for Summary Judgment due by 7/16/2021. Plaintiff's Cross Motion for Summary Judgment due by 6/24/2021. Response to Cross Motion for Summary Judgment due by 7/16/2021. Reply to Cross Motion for Summary Judgment due by 8/6/2021. (dot) (Entered: 03/19/2021)
2021-05-0511Joint MOTION to Modify briefing schedule for summary judgment in FOIA matter by INTERNAL REVENUE SERVICE. (Attachments: # 1 Text of Proposed Order)(Hunsader, Joseph) (Entered: 05/05/2021)
2021-05-0512ORDER granting 11 Joint Motion to Modify Summary Judgment Briefing Schedule as follows: Defendant's motion for summary judgment due JUNE 23, 2021; Plaintiff's opposition to Defendant's motion and cross-motion for summary judgment due JULY 23, 2021; Defendant's reply in support of its motion and opposition to Plaintiff's cross-motion due AUGUST 13, 2021; and Plaintiff's reply in support of cross-motion due SEPTEMBER 13, 2021. Signed by Judge Colleen Kollar-Kotelly on 5/5/21. (lcckk3) (Entered: 05/05/2021)
2021-05-05Set/Reset Deadlines: Defendant's Summary Judgment Motion due by 6/23/2021. Response to Motion for Summary Judgment due by 7/23/2021. Reply to Motion for Summary Judgment due by 8/13/2021. Plaintiff's Cross Motion for Summary Judgment due by 7/23/2021. Response to Cross Motion for Summary Judgment due by 8/13/2021. Reply to Cross Motion for Summary Judgment due by 9/13/2021. (dot) (Entered: 05/06/2021)
2021-06-2113MOTION for Summary Judgment by INTERNAL REVENUE SERVICE. (Attachments: # 1 Memorandum in Support, # 2 Affidavit Declaration of Timothy Ritter, # 3 Exhibit Ritter Declaration Exhibits 1-6, # 4 Affidavit Declaration of Vikramsing Barad, # 5 Statement of Facts (Undisputed Material Facts in support of Summary Judgment), # 6 Text of Proposed Order)(Hunsader, Joseph) (Entered: 06/21/2021)
2021-06-2214RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/20/2020. Answer due for ALL FEDERAL DEFENDANTS by 8/19/2020. (Sorenson, C.) (Main Document 14 replaced on 6/22/2021) (znmw). (Entered: 06/22/2021)
2021-06-2215RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/20/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. INTERNAL REVENUE SERVICE served on 7/20/2020 (ztd); (SEE DOCKET ENTRY NO. 14 TO VIEW.) (Entered: 06/22/2021)
2021-07-2316Memorandum in opposition to re 13 MOTION for Summary Judgment filed by JOHN ANTHONY CASTRO. (Attachments: # 1 Declaration Castro, # 2 Exhibit 101, # 3 Exhibit 102, # 4 Exhibit 103, # 5 Exhibit 104, # 6 Exhibit 105, # 7 Exhibit 106, # 8 Exhibit 107, # 9 Exhibit 108, # 10 Memorandum in Support, # 11 Statement of Facts, # 12 Text of Proposed Order)(Sorenson, C.) (Entered: 07/23/2021)
2021-07-2317Cross MOTION for Summary Judgment by JOHN ANTHONY CASTRO. (Attachments: # 1 Declaration Castro, # 2 Exhibit 101, # 3 Exhibit 102, # 4 Exhibit 103, # 5 Exhibit 104, # 6 Exhibit 105, # 7 Exhibit 106, # 8 Exhibit 107, # 9 Exhibit 108, # 10 Memorandum in Support, # 11 Statement of Facts, # 12 Text of Proposed Order)(Sorenson, C.) (Entered: 07/23/2021)
2021-08-0918Unopposed MOTION for Extension of Time to File Response/Reply Extend time to file final summary judgment briefs by INTERNAL REVENUE SERVICE. (Attachments: # 1 Text of Proposed Order)(Hunsader, Joseph) (Entered: 08/09/2021)
2021-08-09MINUTE ORDER. The Court is in receipt of Defendant's 18 Unopposed Motion to Extend Briefing Schedule for Summary Judgment Cross-Motions, in which Defendant requests a enlargement of the summary judgment briefing schedule set forth in the Court's 12 Order. This is the second request for an extension of the summary judgment briefing schedule. Plaintiff consents to the modified schedule proposed by Defendant. Accordingly, the Court GRANTS Defendant's 18 Unopposed Motion and ORDERS that Defendant's reply in support of its motion for summary judgment and opposition to Plaintiff's cross-motion shall be filed by no later than AUGUST 27, 2021; and Plaintiff's reply in support of his cross-motion shall be filed by no later than OCTOBER 22, 2021. Signed by Judge Colleen Kollar-Kotelly on 8/9/21. (lcckk3) (Entered: 08/09/2021)
2021-08-09Set/Reset Deadlines: Defendant 's Response to Cross Motions due by 8/27/2021. Plaintiff's Reply to Cross Motions due by 10/22/2021. Defendant's Reply to Motion for Summary Judgment due by 8/27/2021. (dot) (Entered: 08/09/2021)
2021-08-2619Memorandum in opposition to re 17 Cross MOTION for Summary Judgment , and Reply in Support of Defendant's Motion for Summary Judgment filed by INTERNAL REVENUE SERVICE. (Attachments: # 1 Statement of Facts Supplemental Statement of Undisputed Material Facts, # 2 Affidavit of Rachel Erath, # 3 Affidavit of Joseph Hunsader)(Hunsader, Joseph) Modified text on 8/27/2021 (ztd). (Entered: 08/26/2021)
2021-08-2620REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by INTERNAL REVENUE SERVICE. (ztd); (SEE DOCKET ENTRY NO. 19 TO VIEW.) (Entered: 08/27/2021)
2021-10-2221REPLY to opposition to motion re 17 Cross MOTION for Summary Judgment filed by JOHN ANTHONY CASTRO. (Attachments: # 1 Declaration Second Castro, # 2 Exhibit U, # 3 Exhibit V, # 4 Exhibit W, # 5 Exhibit X, # 6 Exhibit Y, # 7 Exhibit Z)(Sorenson, C.) (Entered: 10/22/2021)
2022-03-2222ORDER granting Defendant's 13 Motion for Summary Judgment; denying Plaintiff's 17 Cross-Motion for Summary Judgment; dismissing case. Signed by Judge Colleen Kollar-Kotelly on 3/22/22. (lcckk3) (Entered: 03/22/2022)
2022-03-2223MEMORANDUM OPINION accompanying 22 Order. Signed by Judge Colleen Kollar-Kotelly on 3/22/22. (lcckk3) (Entered: 03/22/2022)
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by FOIA Project Staff
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