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Case TitleTSAI v. UNITED STATES OF AMERICA
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv02392
Date Filed2023-08-17
Date ClosedOpen
JudgeJudge Loren L. AliKhan
PlaintiffLI-CHIEN TSAI
Case DescriptionLi-Chien Tsai submitted a FOIA request to the IRS for records concerning his investment in a tax shelter. The agency acknowledged receipt of the request. The agency told Tsai that it could find no responsive records. Tsai filed an administrative appeal. The agency upheld its initial denial. Tsai then filed suit.
Complaint issues: Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUNITED STATES OF AMERICA
Defendant2255
UNITED STATES OF AMERICA
Defendant2255
Inland Revenue Service
1111 Constitution Ave. NW
Washington, D.C., DC 20224
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-08-171COMPLAINT (Under Freedom of Information Act) against UNITED STATES OF AMERICA (Defendant) (Filing fee $ 402 receipt number ADCDC-10283613) filed by Li-Chien Tsai. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(Connelly, George) Modified to reflect fee payment on 8/18/2023 (zcb). (Entered: 08/17/2023)
2023-08-18NOTICE OF ERROR re 1 Complaint; emailed to george.connelly@chamberlainlaw.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata., 2. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue., 3. Filing fee not paid. Please remit payment using the event Payment of Fee-Complaint., 4. Please re-read filing instructions & rules for compliance., 5. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (cb, ) (Entered: 08/18/2023)
2023-08-182ERRATA to Complaint (Under FOIA) by LI-CHIEN TSAI re 1 Complaint,. (Attachments: # 1 Summons to USA (Defendant), # 2 Summons to Attorney General, # 3 Summons to U.S. Attorney)(Connelly, George) (Entered: 08/18/2023)
2023-08-18Case Assigned to Judge Christopher R. Cooper. (zcb) (Entered: 08/18/2023)
2023-08-183SUMMONS (3) Issued Electronically as to UNITED STATES OF AMERICA, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 08/18/2023)
2023-11-29MINUTE ORDER TO SHOW CAUSE: It appears from the record that Plaintiff, who initiated this action on August 17, 2023, has not effectuated service on the Defendant within 90 days, as required by Federal Rule of Civil Procedure 4(m). Therefore, it is hereby ORDERED that Plaintiff SHOW CAUSE, in writing, on or before December 13, 2023, why the claims against Defendant should not be dismissed for failure to effectuate service. Plaintiff's failure to effectuate service or to satisfactorily respond to the present order may result in the dismissal of those claims without further notice. Signed by Judge Christopher R. Cooper on 11/29/2023. (lccrc1) (Entered: 11/29/2023)
2023-12-054RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/27/2023. Answer due for ALL FEDERAL DEFENDANTS by 12/27/2023. (Corish, Patrick) (Entered: 12/05/2023)
2023-12-055RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/4/2023. (Corish, Patrick) (Entered: 12/05/2023)
2023-12-056AFFIDAVIT of Service to Inland Revenue Service (Corish, Patrick) Modified on 12/8/2023 to correct event (zjm). (Entered: 12/05/2023)
2023-12-067RESPONSE TO ORDER TO SHOW CAUSE filed by LI-CHIEN TSAI. (Corish, Patrick) (Entered: 12/06/2023)
2023-12-07MINUTE ORDER: In light of 7 Plaintiff's Response to Order to Show Cause, the Court's Order to Show Cause entered on November 29, 2023 is discharged. Signed by Judge Christopher R. Cooper on 12/7/2023. (lccrc1) (Entered: 12/07/2023)
2023-12-078ERRATA by LI-CHIEN TSAI re 6 Summons Returned Executed as to Federal Defendant, 5 Summons Returned Executed as to U.S. Attorney General. (Attachments: # 1 Exhibit Exh. A as stated in Erratum)(Corish, Patrick) (Entered: 12/07/2023)
2023-12-139First MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(Miller, Anna) (Entered: 12/13/2023)
2023-12-14Case directly reassigned to Judge Loren L. AliKhan. Judge Christopher R. Cooper is no longer assigned to the case. (rj) (Entered: 12/14/2023)
2023-12-14MINUTE ORDER granting 9 Motion for Extension of Time to Answer. Defendant shall answer or otherwise respond to the Complaint by January 26, 2024. Signed by Judge Christopher R. Cooper on 12/14/2023. (lccrc1) (Entered: 12/14/2023)
2024-01-2610ANSWER to Complaint by UNITED STATES OF AMERICA.(Miller, Anna) (Entered: 01/26/2024)
2024-01-2611ORDER. The court ORDERS the parties to meet and confer and file a Joint Status Report on or before February 23, 2024. See order for details. Signed by Judge Loren L. AliKhan on 1/26/2024. (lclla1) (Entered: 01/26/2024)
2024-01-28Set/Reset Deadlines/Hearings: Joint Status Report due by 2/23/2024. (zcdw) (Entered: 01/28/2024)
2024-02-2312Joint STATUS REPORT by UNITED STATES OF AMERICA. (Miller, Anna) (Entered: 02/23/2024)
2024-02-26MINUTE ORDER: Upon consideration of the parties' Joint Status Report 12 , it is hereby ORDERED that Defendant shall provide a progress report to Plaintiff's counsel via email by March 25, 2024, and that the parties shall file a joint status report on or before April 24, 2024 updating the court on the status of Plaintiff's FOIA request. Signed by Judge Loren L. AliKhan on 2/26/2024. (lclla1) (Entered: 02/26/2024)
2024-02-27Set/Reset Deadlines/Hearings: Joint Status Report due by 4/24/2024. (zcdw) (Entered: 02/27/2024)
2024-04-2413Joint STATUS REPORT by UNITED STATES OF AMERICA. (Miller, Anna) (Entered: 04/24/2024)
2024-04-25MINUTE ORDER: Upon consideration of the parties' Joint Status Report 13 , it is hereby ORDERED that the parties shall file a joint status report on or before May 24, 2024, updating the court on the status of Plaintiff's FOIA request. Signed by Judge Loren L. AliKhan on 4/25/2024. (lclla1) (Entered: 04/25/2024)
2024-04-30Set/Reset Deadlines/Hearings: Joint Status Report due by 5/24/2024. (zcdw) (Entered: 04/30/2024)
2024-05-2414MOTION for Extension of Time to File Status Report by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(Miller, Anna) (Entered: 05/24/2024)
2024-05-2415STATUS REPORT by LI-CHIEN TSAI. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Connelly, George) (Entered: 05/24/2024)
2024-05-24MINUTE ORDER: Upon consideration of Defendant's Unopposed Motion for Extension of Time to File Status Report 14 and Plaintiff's Status Report 15 , it is hereby ORDERED that Defendant's motion is GRANTED and the parties shall file a joint status report on or before June 7, 2024, updating the court on the status of Plaintiff's FOIA request. Signed by Judge Loren L. AliKhan on 5/24/2024. (lclla1) (Entered: 05/24/2024)
2024-05-28Set/Reset Deadlines/Hearings: Joint Status Report due by 6/7/2024. (zcdw) (Entered: 05/28/2024)
2024-06-0716STATUS REPORT Plaintiff's by LI-CHIEN TSAI. (Attachments: # 1 Exhibit 4)(Connelly, George) (Entered: 06/07/2024)
2024-06-0717STATUS REPORT by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(Miller, Anna) (Entered: 06/07/2024)
2024-06-10MINUTE ORDER: Upon consideration of Plaintiff's Status Report 16 and Defendant's Status Report 17 , the court sets the following schedule for summary judgment briefing. It is hereby ORDERED that Defendant shall file its Motion for Summary Judgment on or before July 19, 2024; Plaintiff shall file his consolidated Opposition to Defendant's Motion for Summary Judgment and his Cross-Motion for Summary Judgment on or before August 16, 2024; Defendant shall file its consolidated Reply in Support of Defendant's Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment on or before August 30, 2024; and Plaintiff shall file his Reply in Support of Plaintiff's Cross-Motion for Summary Judgment on or before September 13, 2024. Signed by Judge Loren L. AliKhan on 6/10/2024. (lclla1) (Entered: 06/10/2024)
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