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Case TitleBROCKMAN v. INTERNAL REVENUE SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv01254
Date Filed2022-05-06
Date ClosedOpen
JudgeJudge Ana C. Reyes
PlaintiffROBERT T. BROCKMAN
TERMINATED: 11/14/2022
PlaintiffDOROTHY K. BROCKMAN in her capacity as Independent Executor of the Estate of Robert T. Brockman
Case DescriptionRobert Brockman submitted a FOIA request to the IRS for records concerning notices of jeopardy assessments and tax liens pertaining to him. He also asked for expedited processing. The agency acknowledged receipt of the request. The agency disclosed the records in encrypted form and sent Brockman and key to decrypt the files. Brockman contended the key did not work and without further information from the agency he could not contest the tax assessments. After hearing nothing further from the agency, Brockman filed suit.
Complaint issues: Litigation - Vaughn index, Litigation - Attorney's fees

DefendantINTERNAL 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

2022-05-061COMPLAINT against INTERNAL REVENUE SERVICE ( Filing fee $ 402 receipt number ADCDC-9220062) filed by ROBERT T. BROCKMAN. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Civil Cover Sheet)(Bleustein, Irina) (Entered: 05/06/2022)
2022-05-062SEALED DOCUMENT filed by ROBERT T. BROCKMAN(This document is SEALED and only available to authorized persons.)(Bleustein, Irina) (Entered: 05/06/2022)
2022-05-09Case Assigned to Judge Florence Y. Pan. (znmg) (Entered: 05/09/2022)
2022-05-093SUMMONS (3) Issued Electronically as to INTERNAL REVENUE SERVICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 05/09/2022)
2022-05-104STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Florence Y. Pan on 5/10/22. (lcaa) (Entered: 05/10/2022)
2022-05-105MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kathryn Keneally, Filing fee $ 100, receipt number ADCDC-9225394. Fee Status: Fee Paid. by ROBERT T. BROCKMAN. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Bleustein, Irina) (Entered: 05/10/2022)
2022-05-106MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Frank J. Jackson, Filing fee $ 100, receipt number ADCDC-9225487. Fee Status: Fee Paid. by ROBERT T. BROCKMAN. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Bleustein, Irina) (Entered: 05/10/2022)
2022-05-107MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael J. Scarduzio, Filing fee $ 100, receipt number ADCDC-9225540. Fee Status: Fee Paid. by ROBERT T. BROCKMAN. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Bleustein, Irina) (Entered: 05/10/2022)
2022-05-108MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Anthony J. DeRiso, Filing fee $ 100, receipt number ADCDC-9225561. Fee Status: Fee Paid. by ROBERT T. BROCKMAN. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Bleustein, Irina) (Entered: 05/10/2022)
2022-05-10MINUTE ORDER granting 5 MOTION for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Kathryn Keneally is admitted pro hac vice in this matter as counsel for Plaintiff Robert T. Brockman. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions . Signed by Judge Florence Y. Pan on 5/10/22. (lcaa) (Entered: 05/10/2022)
2022-05-10MINUTE ORDER granting 6 MOTION for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Frank J. Jackson is admitted pro hac vice in this matter as counsel for Plaintiff Robert T. Brockman. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions . Signed by Judge Florence Y. Pan on 5/10/22. (lcaa) (Entered: 05/10/2022)
2022-05-10MINUTE ORDER granting 7 MOTION for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Michael J. Scarduzio is admitted pro hac vice in this matter as counsel for Plaintiff Robert T. Brockman. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions . Signed by Judge Florence Y. Pan on 5/10/22. (lcaa) (Entered: 05/10/2022)
2022-05-10MINUTE ORDER granting 8 MOTION for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Anthony J. DeRiso is admitted pro hac vice in this matter as counsel for Plaintiff Robert T. Brockman. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions . Signed by Judge Florence Y. Pan on 5/10/22. (lcaa) (Entered: 05/10/2022)
2022-05-119NOTICE of Appearance by Michael Joseph Scarduzio on behalf of ROBERT T. BROCKMAN (Scarduzio, Michael ) (Entered: 05/11/2022)
2022-05-1110NOTICE of Appearance by Anthony Joseph DeRiso, III on behalf of ROBERT T. BROCKMAN (DeRiso, Anthony) (Entered: 05/11/2022)
2022-05-1211NOTICE of Appearance by Frank J. Jackson on behalf of ROBERT T. BROCKMAN (Jackson, Frank) (Entered: 05/12/2022)
2022-05-1212NOTICE of Appearance by Kathryn Keneally on behalf of ROBERT T. BROCKMAN (Keneally, Kathryn) (Entered: 05/12/2022)
2022-05-2313RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/16/2022. Answer due for ALL FEDERAL DEFENDANTS by 6/15/2022. (Bleustein, Irina) (Entered: 05/23/2022)
2022-05-2314RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/16/2022. (Bleustein, Irina) (Entered: 05/23/2022)
2022-05-2315NOTICE of Appearance by Kieran O'Neill Carter on behalf of INTERNAL REVENUE SERVICE (Carter, Kieran) (Entered: 05/23/2022)
2022-06-0616RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. INTERNAL REVENUE SERVICE served on 5/16/2022 (Bleustein, Irina) (Entered: 06/06/2022)
2022-06-1517ANSWER to Complaint by INTERNAL REVENUE SERVICE.(Carter, Kieran) (Entered: 06/15/2022)
2022-06-1718ORDER directing the parties to file a joint status report proposing a schedule for litigation of this case on or before June 30, 2022. Signed by Judge Florence Y. Pan on 6/17/22. (lcaa) (Entered: 06/17/2022)
2022-06-17Set/Reset Deadlines: Joint Status Report due by 6/30/2022. (zacr) (Entered: 06/17/2022)
2022-06-3019Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 06/30/2022)
2022-07-05MINUTE ORDER. Upon consideration of the parties' 19 Joint Status Report, Defendant is directed to provide a status report to Plaintiff every 30 days, and the parties are directed to file a joint status report on or before September 29, 2022, and every 90 days thereafter. Under the circumstances, a status hearing in 30 days, as requested by Plaintiff, is unlikely to be productive. Signed by Judge Florence Y. Pan on 7/5/22. (lcaa) (Entered: 07/05/2022)
2022-07-05Set/Reset Deadlines: Joint Status Report due by 9/29/2022. (smc) (Entered: 07/05/2022)
2022-08-2620SUGGESTION OF DEATH Upon the Record as to Robert T. Brockman by ROBERT T. BROCKMAN. (Scarduzio, Michael ) (Entered: 08/26/2022)
2022-09-23Judge Florence Y. Pan has been elevated to serve on the U.S. Court of Appeals for the D.C. Circuit. She is therefore no longer assigned to this case, and this matter has been reassigned to the Calendar Committee, which will oversee it until it is assigned to another district judge. Any questions should be directed to Judge Pan's former deputy clerk, Samantha Calloway, at 202-354-3163 or samantha_calloway@dcd.uscourts.gov. (ztnr) (Entered: 09/23/2022)
2022-09-2921Joint STATUS REPORT by ROBERT T. BROCKMAN. (Scarduzio, Michael ) (Entered: 09/29/2022)
2022-09-30MINUTE ORDER: Upon consideration of 21 the parties' Joint Status Report, it is hereby ORDERED that the IRS shall, in the anticipation of a near term substitution of party, continue to process potentially responsive documents without delay. Signed by Judge Rudolph Contreras on 9-30-2022. (lcrc3) (Entered: 09/30/2022)
2022-11-1022Consent MOTION to Substitute Party by ROBERT T. BROCKMAN. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Scarduzio, Michael ) (Entered: 11/10/2022)
2022-11-14MINUTE ORDER: It is hereby ORDERED that the 22 Consent Motion for Substitution of Plaintiff made pursuant to Federal Rule of Civil Procedure 25(a) is GRANTED. Dorothy K. Brockman, in her capacity as Independent Executor of the Estate of Robert T. Brockman, shall be substituted for Robert T. Brockman, deceased, as Plaintiff in this action. SO ORDERED. Signed by Judge Rudolph Contreras on 11-14-2022. (lcrc3) (Entered: 11/14/2022)
2022-12-2823Joint STATUS REPORT by DOROTHY K. BROCKMAN. (Scarduzio, Michael ) (Entered: 12/28/2022)
2022-12-29NOTICE OF ERROR re 23 Status Report; emailed to mscarduzio@jonesday.com, cc'd 8 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following for future filings; do not refile document , 2. FYI: DO NOT REFILE. Attorney signature must match ECF login/password in all future filings. (zed, ) (Entered: 12/29/2022)
2023-02-24Case directly reassigned to District Judge Ana C. Reyes. Circuit Judge Florence Y. Pan is no longer assigned to the case. (ztnr) (Entered: 02/24/2023)
2023-03-1424MOTION for Scheduling Order Concerning FOIA Document Production by DOROTHY K. BROCKMAN. (Attachments: # 1 Affidavit Declaration of Michael J. Scarduzio and Exhibits, # 2 Text of Proposed Order Proposed Order)(Scarduzio, Michael ). Added MOTION for Hearing on 3/15/2023 (znmw). (Entered: 03/14/2023)
2023-03-15MINUTE ORDER: Defendant is hereby directed to file its opposition, if any, to Plaintiff's 24 MOTION for a Status Conference and Proposed Production Schedule on or before March 17, 2023. Signed by Judge Ana C. Reyes on 3/15/2023. (lcsj) (Entered: 03/15/2023)
2023-03-17Set/Reset Deadlines/Hearings: Response to 24 and Proposed Production Schedule due by 3/17/2023. (zcdw) (Entered: 03/17/2023)
2023-03-1725RESPONSE re 24 MOTION for Scheduling Order Concerning FOIA Document Production MOTION for Hearing filed by INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 03/17/2023)
2023-03-20MINUTE ORDER: The Court directs Plaintiff to file her reply, if any, to Defendant's 25 Response to Plaintiff's Motion for a Status Conference and Proposed Production Schedule, on or before March 22, 2023. Signed by Judge Ana C. Reyes on 3/20/2023. (lcsj) (Entered: 03/20/2023)
2023-03-20Set/Reset Deadlines/Hearings: Reply to 25 due by 3/22/2023. (zcdw) (Entered: 03/20/2023)
2023-03-2226REPLY to opposition to motion re 24 MOTION for Scheduling Order Concerning FOIA Document Production MOTION for Hearing filed by DOROTHY K. BROCKMAN. (Attachments: # 1 Affidavit March 22, 2023 Declaration of Michael J. Scarduzio)(Scarduzio, Michael ) (Entered: 03/22/2023)
2023-03-2827Joint STATUS REPORT by DOROTHY K. BROCKMAN. (Scarduzio, Michael ) (Entered: 03/28/2023)
2023-03-2928STANDING ORDER: The parties are directed to read Judge Reyes's attached Standing Order in Civil Cases in its entirety. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Ana C. Reyes on 3/29/2023. (lcsj) (Entered: 03/29/2023)
2023-06-16MINUTE ORDER. Plaintiff's 24 Motion for a Status Conference and Production Schedule is DENIED. It is hereby ORDERED that the parties shall confer and propose a joint production schedule that requires production of not less than 500 and not more than 2,500 pages per month. It is FURTHER ORDERED that, prior to either party filing a new motion for a production schedule, the parties must (1) meet and confer in person two times to narrow or eliminate disputes and (2) file a joint status report updating the Court on the meet and confers with a joint proposed briefing schedule. It is FURTHER ORDERED that the Internal Revenue Service will provide a production status update every 45 days, starting July 5, 2023. Signed by Judge Ana C. Reyes on 6/16/2023. (lcsj) (Entered: 06/16/2023)
2023-07-0629STATUS REPORT by INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 07/06/2023)
2023-08-2130STATUS REPORT by INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 08/21/2023)
2023-10-0531STATUS REPORT by INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 10/05/2023)
2023-11-0132NOTICE of Change of Address by Frank J. Jackson (Jackson, Frank) (Entered: 11/01/2023)
2023-11-2033STATUS REPORT by INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 11/20/2023)
2023-11-2734NOTICE of Change of Address by Michael Joseph Scarduzio (Scarduzio, Michael ) (Entered: 11/27/2023)
2024-01-0435STATUS REPORT by INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 01/04/2024)
2024-02-2036STATUS REPORT by INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 02/20/2024)
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