Skip to content

Case Detail

[Subscribe to updates]
Case TitleThe 2005 Robert Julien Family Delaware Dynasty Trust et al v. Internal Revenue Service
DistrictSouthern District of Florida
CityWest Palm Beach
Case Number9:2023cv80756
Date Filed2023-05-09
Date ClosedOpen
JudgeJudge Robin L. Rosenberg
PlaintiffThe 2005 Robert Julien Family Delaware Dynasty Trust
PlaintiffMarc Julien TRUSTEE
Case DescriptionThe 2005 Robert Julien Family Delaware Dynasty Trust submitted a FOIA request to the IRS for records concerning the Trust's taxes. The agency acknowledged receipt of the request. The agency ultimately withheld the records under a variety of exemptions. The Trust filed an administrative appeal. After hearing nothing further from the agency, The Trust filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantInternal Revenue Service
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-05-091COMPLAINT For Injunctive and Declaratory Relief against Internal Revenue Service. Filing fees $ 402.00 receipt number CFLSDC-16603145, filed by The 2005 Robert Julien Family Delaware Dynasty Trust, Marc Julien. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(Marod, Edward) (Entered: 05/09/2023)
2023-05-092Clerks Notice of Judge Assignment to Judge Robin L. Rosenberg and Magistrate Judge Bruce E. Reinhart. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Bruce E. Reinhart is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (rbe) (Entered: 05/09/2023)
2023-05-093Summons Issued as to Internal Revenue Service. (rbe) (Entered: 05/09/2023)
2023-05-174ORDER OF REFERENCE TO MAGISTRATE JUDGE AND ORDER OF COURT-MANDATED REQUIREMENTS ON SERVICE, DEFAULTS, AND JOINT SCHEDULING REPORTS. ORDER REFERRING CASE to Magistrate Judge Bruce E. Reinhart for appropriate disposition of all pro hac vice motions, motions to substitute counsel, and pretrial motions related to discovery. Order of Court-Mandated Requirements in, Order Requiring Joint Scheduling Report Signed by Judge Robin L. Rosenberg on 5/17/2023. See attached document for full details. (nan) (Entered: 05/17/2023)
2023-05-175STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE BRUCE REINHART. Signed by Magistrate Judge Bruce E. Reinhart on 5/17/2023. See attached document for full details. (nan) (Entered: 05/17/2023)
2023-06-016CERTIFICATE OF SERVICE by Marc Julien, The 2005 Robert Julien Family Delaware Dynasty Trust re 4 Order Referring Case to Magistrate Judge,,, Order of Requirements,,, Order Requiring Joint Scheduling Report,, upon Internal Revenue Service (Attachments: # 1 Exhibit A)(Misch, Angela) (Entered: 06/01/2023)
2023-06-017STATUS REPORT on Service by Marc Julien, The 2005 Robert Julien Family Delaware Dynasty Trust (Attachments: # 1 Exhibit A)(Misch, Angela) (Entered: 06/01/2023)
2023-06-218NOTICE of Attorney Appearance by William J. Harrington on behalf of Internal Revenue Service. Attorney William J. Harrington added to party Internal Revenue Service(pty:dft). (Harrington, William) (Entered: 06/21/2023)
2023-06-219Consent MOTION for Extension of Time to File Response/Reply/Answer by Internal Revenue Service. (Attachments: # 1 Text of Proposed Order)(Harrington, William) (Entered: 06/21/2023)
2023-06-2710PAPERLESS ORDER granting 9 Motion for Extension of Time and the time within which the Internal Revenue Service must respond to the Complaint is extended through July 24, 2023. Signed by Judge Robin L. Rosenberg (bkd) (Entered: 06/27/2023)
2023-07-2111ANSWER and Affirmative Defenses to Complaint by Internal Revenue Service. (Harrington, William) (Entered: 07/21/2023)
2023-10-0212Order Setting Status Conference, Calendar Call, Pretrial Deadlines, And Trial Date, Order Of Requirements, And Order Of Reference To Mediation:Fact Discovery due by 2/5/2024. Expert Discovery due by 2/19/2024. Dispositive Motions due by 3/4/2024. Jury Trial set for 6/3/2024 09:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg. Calendar Call set for 5/29/2024 10:30 AM in West Palm Beach Division before Judge Robin L. Rosenberg. Status Conference set for 4/17/2024 10:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg. Signed by Judge Robin L. Rosenberg on 9/29/2023. See attached document for full details. (rbe) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 10/02/2023)
2023-10-0413Order Setting Zoom Discovery Status Conference. Counsel shall appear remotely before this Court on January 3, 2024 at 2:00 p.m. for a final discovery status conference before Magistrate Judge Bruce Reinhart. The conference will be conducted via Zoom. By December 28, 2023, the parties shall file a joint discovery status report. Signed by Magistrate Judge Bruce E. Reinhart on 10/4/2023. See attached document for full details. (rbe) (Entered: 10/04/2023)
2023-11-1414MOTION for Extension of Time Modify Schedule re 13 Order Setting Status Conference,, Set/Reset Deadlines, 12 Scheduling Order,,,, Order of Requirements,,,, Order Referring Case to Mediation,,, by Internal Revenue Service. Responses due by 11/28/2023 (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Harrington, William) (Entered: 11/14/2023)
2023-11-2815RESPONSE in Opposition re 14 MOTION for Extension of Time Modify Schedule re 13 Order Setting Status Conference,, Set/Reset Deadlines, 12 Scheduling Order,,,, Order of Requirements,,,, Order Referring Case to Mediation,,, filed by Marc Julien, The 2005 Robert Julien Family Delaware Dynasty Trust. Replies due by 12/5/2023. (Attachments: # 1 Exhibit Letter from IRS)(Marod, Edward) (Entered: 11/28/2023)
2023-12-0616REPLY to Response to Motion re 14 MOTION for Extension of Time Modify Schedule re 13 Order Setting Status Conference,, Set/Reset Deadlines, 12 Scheduling Order,,,, Order of Requirements,,,, Order Referring Case to Mediation,,, filed by Internal Revenue Service. (Harrington, William) (Entered: 12/06/2023)
2023-12-2217PAPERLESS ORDER denying the Government's Motion to Modify Schedule 14 . To the extent the Government argues that it needs more time to respond to the Plaintiff's FOIA request, the Government may move for an extension of time and/or a continuance of all deadlines in this case. To the extent the Government argues this case should be held in abeyance for a period of time (to allow for continued production), the Government may so move. To the extent the Government argues that discovery should be stayed in this case, the Government may move for discovery to be stayed. To the extent the Government argues that it is entitled to summary judgment as a result of its prior production, the Government may move for summary judgment. To the extent the parties have a dispute pertaining to a specific production of documents, the parties may bring that dispute before the Magistrate Judge. What the Court declines to consider, however, is a modification to the existing deadlines in this case based upon the parties' competing arguments on the above-referenced topics: whether there should be discovery, how that discovery should be propounded, and how long the Government should be exempt from discovery requests. Instead, the parties may file motions arguing their respective positions based upon the Federal Rules of Civil Procedure. It is the Court's intent that, by making such argument in the context of a specific motion with a specific request for relief, the parties will be better able to articulate their positions in each potential area of dispute. Signed by Judge Robin L. Rosenberg (bkd) (Entered: 12/22/2023)
2023-12-2818STATUS REPORT JOINT Discovery Status Report by Internal Revenue Service and by The 2005 Robert Julien Family Delaware Dynasty Trust (Marod, Edward) (Entered: 12/28/2023)
2023-12-2919PAPERLESS ORDER directing counsel to appear at the Discovery Status Conference on 1/3/24 via telephone. Counsel shall appear telephonically using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 12/29/2023. (hk02) (Entered: 12/29/2023)
2024-01-0320PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Telephone Status Conference re: Discovery held on 1/3/2024. Total time in court: 20 minutes. (Digital BER_1_1.3.2024) (hk02) (Entered: 01/03/2024)
2024-01-1721PAPERLESS Order setting Telephone Discovery Hearing for 1/24/2024 at 3:30 PM before Magistrate Judge Bruce E. Reinhart. Counsel shall use the conference call instructions previously provided. Signed by Magistrate Judge Bruce E. Reinhart on 1/17/2024. (hk02) (Entered: 01/17/2024)
2024-01-2222NOTICE of Pre-Hearing Discovery Memorandum by Internal Revenue Service (Attachments: # 1 Exhibit Redaction Chart, # 2 Exhibit Requests for Admissions, # 3 Exhibit Requests for Production, # 4 Exhibit Interrogatories, # 5 Exhibit Expert Disclosure) (Harrington, William) Modified on 1/26/2024 re: Sealed 22-2; per Order DE #29. (jmd) (Entered: 01/22/2024)
2024-01-2323Plaintiff's NOTICE of Filing Discovery Memorandum by The 2005 Robert Julien Family Delaware Dynasty Trust (Attachments: # 1 Exhibit January 12, 2024-Letter from William Harrington to Edward Marod, # 2 Exhibit Plaintiff's Requests for Admissions, # 3 Exhibit Plaintiff's Requests for Production, # 4 Exhibit Plaintiff's Interrogatories, # 5 Exhibit Plaintiff's Disclosure of Expert Witness and Expected Testimony) (Misch, Angela) Modified on 1/26/2024 re: Sealed 23-2; per Order DE #29. (jmd) (Entered: 01/23/2024)
2024-01-2424Defendant IRS's ORAL MOTION for Protective Order. IRS seeks an order that it is not obligated to respond to Plaintiff's discovery demands. (hk02) (Entered: 01/24/2024)
2024-01-2425PAPERLESS ORDER taking under advisement 24 Defendant's Motion for Protective Order. To the extent Plaintiff's discovery demands seek information relating to Count II of the Complaint (the FOIA exemptions asserted by the IRS), Defendant's objections to those discovery requests are sustained at this stage of the proceedings. As for Plaintiff's discovery demands relating to Count I of the Complaint (the timing of the IRS's FOIA response), the Court will consider whether the discovery requests propounded by Plaintiff are probative of that claim. Counsel may file a supplemental legal brief on this issue (not to exceed 10 pages, double-spaced) by 5:00 p.m. on 2/2/24. In the meantime, the IRS's responses to Plaintiff's discovery demands are stayed pending the Court's ruling on the IRS's motion for a protective order. Signed by Magistrate Judge Bruce E. Reinhart on 1/24/2024. (hk02) (Entered: 01/24/2024)
2024-01-2426PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Telephone Discovery Hearing held on 1/24/2024. Total time in court: 30 minutes. (Digital BER_1_1.24.2024) (hk02) (Entered: 01/24/2024)
2024-01-2527Unopposed MOTION for Leave to File Under Seal Exhibit to Plaintiff's Discovery Memorandum by The 2005 Robert Julien Family Delaware Dynasty Trust. (Attachments: # 1 Exhibit Exhibit 23-2 Redacted-Plaintiff's Requests for Admissions)(Misch, Angela) (Entered: 01/25/2024)
2024-01-2628PAPERLESS ORDER granting 27 Plaintiff's Unopposed Motion for Leave to File redacted versions of exhibits attached to parties' discovery memoranda. The Court will direct the Clerk of the Court to substitute the exhibits at DE 22-2 and 23-3 with the redacted version provided by Plaintiff. Signed by Magistrate Judge Bruce E. Reinhart on 1/26/2024. (hk02) (Entered: 01/26/2024)
2024-01-2629PAPERLESS ORDER AMENDING the Court's prior order at 28 . The Court will direct the Clerk of the Court to SEAL the exhibits at DE 22-2 and 23-2. A redacted version of those sealed exhibits can be found at DE 27-1. Signed by Magistrate Judge Bruce E. Reinhart on 1/26/2024. (hk02) (Entered: 01/26/2024)
2024-01-2630CLERK'S NOTICE of Compliance re 29 Amended Order. Clerk Sealed DE #22-2 & DE 23-2. (jmd) (Entered: 01/26/2024)
2024-02-0231SUPPLEMENT Legal Brief Pursuant to January 24, 2024 Order [DE 25] by The 2005 Robert Julien Family Delaware Dynasty Trust (Attachments: # 1 Exhibit Exhibit 1-Expert Disclosure)(Misch, Angela) (Entered: 02/02/2024)
2024-02-0232NOTICE of Supplemental Brief re: Motion for Protective Order by Internal Revenue Service re 25 Order on Motion for Protective/Confidentiality Order,,, (Harrington, William) (Entered: 02/02/2024)
2024-02-1933ORDER GRANTING IN PART DEFENDANT'S MOTION FOR PROTECTIVE ORDER [ECF No. 24] granting in part and denying in part 24 Motion for Protective Order. Signed by Magistrate Judge Bruce E. Reinhart on 2/19/2024. See attached document for full details. (pcs) (Entered: 02/20/2024)
2024-02-2234MOTION to Stay re 12 Scheduling Order,,,, Order of Requirements,,,, Order Referring Case to Mediation,,, by Internal Revenue Service. Responses due by 3/7/2024. (Attachments: # 1 Exhibit 1 (Keaton Decl.), # 2 Text of Proposed Order)(Harrington, William) (Entered: 02/22/2024)
2024-02-2235Plaintiff's MOTION for Extension of Time of Pretrial Deadlines to Compensate for Delays Caused by Defendant's Motion Practice by The 2005 Robert Julien Family Delaware Dynasty Trust. Responses due by 3/7/2024. (Misch, Angela) (Entered: 02/22/2024)
2024-03-0736RESPONSE in Opposition re 34 MOTION to Stay re 12 Scheduling Order,,,, Order of Requirements,,,, Order Referring Case to Mediation,,, filed by The 2005 Robert Julien Family Delaware Dynasty Trust. Replies due by 3/14/2024. (Misch, Angela) (Entered: 03/07/2024)
2024-03-0737RESPONSE in Opposition re 35 Plaintiff's MOTION for Extension of Time of Pretrial Deadlines to Compensate for Delays Caused by Defendant's Motion Practice filed by Internal Revenue Service. Replies due by 3/14/2024. (Attachments: # 1 Appendix)(Harrington, William) (Entered: 03/07/2024)
2024-03-1438REPLY to Response to Motion re 34 MOTION to Stay re 12 Scheduling Order,,,, Order of Requirements,,,, Order Referring Case to Mediation,,, filed by Internal Revenue Service. (Harrington, William) (Entered: 03/14/2024)
2024-03-1439RESPONSE in Support re 35 Plaintiff's MOTION for Extension of Time of Pretrial Deadlines to Compensate for Delays Caused by Defendant's Motion Practice filed by The 2005 Robert Julien Family Delaware Dynasty Trust. (Misch, Angela) (Entered: 03/14/2024)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar