TRUE THE VOTE, INC. v. INTERNAL REVENUE SERVICE et al
| TRUE THE VOTE, INC. |
| INTERNAL REVENUE SERVICE, UNITED STATES OF AMERICA, STEVEN T. MILLER, DOUGLAS H. SHULMAN, LOIS LERNER, SUSAN MALONEY, RONALD BELL, JANINE L. ESTES, FAYE NG and UNKNOWN NAMED EMLPLOYEES OF INTERNAL REVENUE SERVICE |
| 1:2013cv00734 |
| May 21, 2013 |
| US District Court for the District of Columbia |
| Washington, DC Office |
| 11001 |
| Reggie B. Walton |
| Civil Rights: Other |
| 26 U.S.C. § 7428 IRS: Declaratory Judgment |
| None |
Docket Report
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This docket was last retrieved on September 23, 2020. A more recent docket listing may be available from PACER.
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| Filing 152 RESPONSE re 151 MOTION for Attorney Fees filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit 1)(Sergi, Joseph) |
| Filing 151 MOTION for Attorney Fees by TRUE THE VOTE, INC. (Attachments: # 1 Declaration Bopp Decl, # 2 Exhibit Exhibit 1 Bopp Decl, # 3 Exhibit Exhibit 2 Bopp Decl, # 4 Declaration Eastman Decl, # 5 Exhibit Exhibit 1 Eastman Decl, # 6 Declaration Johnson Decl, # 7 Declaration Mitchell Decl, # 8 Memorandum in Support Memo in Support, # 9 Exhibit Foley Billing Records, # 10 Exhibit PILF Billing Records, # 11 Exhibit CCJ Billing Records, # 12 Exhibit PILF Foley Expenses, # 13 Exhibit BLF Billing Records, # 14 Exhibit LSI Laffey Rates, # 15 Exhibit EAJA Rates, # 16 Exhibit Table for Unsuccessful Claims, # 17 Exhibit Consent Order Cover Letter, # 18 Exhibit Determination Letter, # 19 Exhibit Z STREET Consent Order, # 20 Text of Proposed Order Proposed Order)(Bopp, James) |
Filing 150
ORDER granting 149 Motion to Approve Consent Judgment. See attached Order for details. Signed by Judge Reggie B. Walton on January 19, 2018. (lcrbw2)
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| Filing 149 Joint MOTION to Approve Consent Judgment by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Sergi, Joseph) |
| Set/Reset Deadlines: Joint Status Report due by 1/16/2018 (hs) |
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MINUTE ORDER granting 148 Motion to Stay. Upon consideration of the parties' Joint Motion to Stay Deadlines Pending Settlement Discussion, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the limited discovery permitted by the Court's April 12, 2017 Order is STAYED, and the status conference currently scheduled for December 20, 2017, is VACATED until further order by the Court. It is further ORDERED that the parties, on or before January 16, 2018, shall file on the docket a joint status report, updating the Court as to the status of this case. Signed by Judge Reggie B. Walton on December 15, 2017. (lcrbw2)
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| Filing 148 Joint MOTION to Stay Deadlines Pending Settlement Discussion by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Sergi, Joseph) |
| Filing 147 NOTICE OF WITHDRAWAL OF APPEARANCE as to INTERNAL REVENUE SERVICE, UNITED STATES OF AMERICA. Attorney Christopher Randy Egan terminated. (Egan, Christopher) |
| Set/Reset Deadlines/Hearings: Limited Discovery due by 12/15/2017. Status Conference reset for 12/20/2017 at 02:30 PM in Courtroom 16 before Judge Reggie B. Walton. (hs) |
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MINUTE ORDER. Upon consideration of the government's Consent Motion for an Extension of Time to Complete Discovery Allowed by Court's April 12, 2017 Order and to Continue Status Conference, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the limited discovery afforded in this case shall now CLOSE on December 15, 2017. It is further ORDERED that the status conference previously scheduled for October 18, 2017, is CONTINUED to December 20, 2017, at 2:30 p.m. Signed by Judge Reggie B. Walton on October 11, 2017. (lcrbw2)
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| Filing 146 Consent MOTION for Extension of Time to Complete Discovery to December 15, 2017, Consent MOTION to Continue Post-Discovery Status Conference by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Sergi, Joseph) |
| Set/Reset Deadlines: Discovery due by 10/16/2017. (hs) |
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MINUTE ORDER. Upon consideration of the parties' Joint Motion for an Extension of Time to Complete Discovery Allowed by Court's April 12, 2017 Order, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the limited discovery afforded in this case shall now CLOSE on October 16, 2017. Signed by Judge Reggie B. Walton on August 18, 2017. (lcrbw2)
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| Filing 145 Joint MOTION for Extension of Time to Complete Discovery by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Sergi, Joseph) |
| Set/Reset Hearings: Status Conference reset for 10/18/2017 at 02:30 PM in Courtroom 16 before Judge Reggie B. Walton. (hs) |
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MINUTE ORDER. Due to a change in the Court's calendar, and because judicial economy would be best served by holding the post-discovery status conference in this case simultaneously with the post-discovery status conference in Case No. 13-cv-777, it is hereby ORDERED that the status conference previously scheduled for August 22, 2017, is CONTINUED to October 18, 2017, at 2:30 p.m. Signed by Judge Reggie B. Walton on August 17, 2017. (lcrbw2)
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| Filing 144 Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brock Cordt Akers, :Firm- The Akers Firm, PLLC, :Address- 3401 Allen Parkway, Suite 101, Houston, TX 77019. Phone No. - (713) 877-2500. Fax No. - (713) 583-8662 Filing fee $ 100, receipt number 0090-5072607. Fee Status: Fee Paid. by TRUE THE VOTE, INC. (Attachments: # 1 Text of Proposed Order PHV Motion Brock Cordt Akers)(Bopp, James) |
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MINUTE ORDER. Upon consideration of the plaintiff's Motion for Brock Cordt to Appear Pro Hac Vice, ECF No. 144, and in light of the defendants' consent, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Brock Cordt is admitted pro hac vice in this matter for the purpose of representing the plaintiff. Signed by Judge Reggie B. Walton on August 14, 2017. (lcrbw2)
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| Filing 143 NOTICE of Appearance by Steven Marcus Dean on behalf of UNITED STATES OF AMERICA (Dean, Steven) |
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MINUTE ORDER. Upon consideration of the plaintiff's Motion and Memorandum of Law to Amend Discovery Order and the United States' Response to Plaintiff's Motion to Amend Discovery Order, and for good cause shown, it is hereby ORDERED that motion is GRANTED with respect to clarifying the discovery requests the plaintiff withdrew at the motions hearing held on April 6, 2017. It is further ORDERED that the Court's April 12, 2017 Discovery Order is AMENDED to reflect that the Plaintiff has withdrawn only the following two discovery requests: (a) Evidence concerning the use of viewpoint-based criteria in any aspect of tax administration, and (b) Evidence concerning the political interests and biases of IRS employees and officials. Signed by Judge Reggie B. Walton on May 8, 2017. (lcrbw2)
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| Filing 142 NOTICE of Attorney's Charging Lien by PUBLIC INTEREST LEGAL FOUNDATION (Johnson, Noel) |
| Filing 141 RESPONSE re 140 MOTION to Amend/Correct Discovery Order filed by RONALD BELL, JANINE L. ESTES, DAVID FISH, STEVEN GRODNITZKY, INTERNAL REVENUE SERVICE, LOIS LERNER, SUSAN MALONEY, STEVEN T. MILLER, FAYE NG, HOLLY PAZ, MICHAEL SETO, DOUGLAS H. SHULMAN, CINDY M. THOMAS, UNITED STATES OF AMERICA, UNKNOWN NAMED EMLPLOYEES OF INTERNAL REVENUE SERVICE, DANIEL WERFEL, WILLIAM WILKINS. (Sergi, Joseph) |
| Set/Reset Deadlines/Hearings: Discovery due by 8/21/2017. Status Conference reset for 8/22/2017 at 02:30 PM in Courtroom 16 before Judge Reggie B. Walton. (hs) |
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MINUTE ORDER. Upon consideration of the plaintiff's Motion and Memorandum of Law to Amend Discovery Order, and for good cause shown, it is hereby ORDERED that the motion is GRANTED IN PART. It is further ORDERED that the IRS shall produce to the plaintiff the agency's case file assembled in connection with the plaintiff's application for tax-exemption status that is the subject of this litigation on or before May 19, 2017. It is further ORDERED that the limited discovery afforded in this case pursuant to the Court's April 12, 2017 Order, ECF No. 138, shall now close on August 21, 2017. It is further ORDERED that the status conference previously scheduled for July 14, 2017, is CONTINUED to August 22, 2017, at 2:30 p.m. It is further ORDERED that, on or before May 7, 2017, the federal defendants shall respond to the plaintiff's proposed modifications of the Court's April 12, 2017 Order concerning the discovery requests that were withdrawn by the plaintiff during the motions hearing. Signed by Judge Reggie B. Walton on May 1, 2017. (lcrbw2)
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| Filing 140 MOTION to Amend/Correct Discovery Order by TRUE THE VOTE, INC. (Attachments: # 1 Text of Proposed Order)(Milbank, Courtney) |
| Filing 139 TRANSCRIPT OF PROCEEDINGS before Judge Reggie B. Walton held on April 6, 2017; Page Numbers: 1 - 64. Court Reporter/Transcriber Cathryn Jones, Telephone number 2023543246, Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 5/12/2017. Redacted Transcript Deadline set for 5/22/2017. Release of Transcript Restriction set for 7/20/2017.(Jones, Cathryn) |
| Set/Reset Hearings: Post Discovery Status Conference set for 7/14/2017 at 02:30 PM in Courtroom 16 before Judge Reggie B. Walton. (hs) |
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Filing 138
ORDER. In accordance with the attached Order, it is hereby ORDERED that the plaintiff's Motion for Discovery under Federal Rule of Civil Procedure 56(D), ECF No. 120 is GRANTED. The plaintiff is permitted to conduct discovery limited to the scope of the allegations pleaded in its complaint and to the need to obtain facts essential to its opposition to the Government's motion for summary judgment. Specifically, the plaintiff may submit to the defendants document requests and interrogatories limited in scope to (1) the current status of the Internal Revenue Service's (the "IRS") tax exemption application process, during which the plaintiff contends that it was targeted for illegal purposes, and (2) to past acts of alleged discrimination stemming from the alleged illegal targeting scheme to the extent the information is necessary to ascertain the changes purportedly made by the IRS in its tax exemption application process to "irrevocably eradicate[] the effects of the alleged violation," True the Vote, Inc. v. IRS, 831 F.3d 551, 563 (D.C. Cir. 2016) (quoting Qassim, 466 F.3d at 1075), cert. denied sub nom. True the Vote, Inc. v. Lerner, No. 16-613, 2017 WL 670229 (2017). The plaintiff may also conduct depositions of Tamera L. Ripperda, who at the time she submitted her declaration in support of the Government's motion for summary judgment was the Director of the Exempt Organizations Unit of the Tax Exempt & Government Entities Division of the Deputy Commissioner for Services Enforcement organization of the IRS, and the individual currently employed in this position at the IRS. These depositions are limited in scope consistent with the limitations imposed on the plaintiff's document requests and its interrogatories. It is further ORDERED that, based on the Government's agreement made at the motions hearing, the IRS shall produce to the plaintiff the agency's case file assembled in connection with the plaintiff's application for tax-exempt status that is the subject of this litigation. It is further ORDERED that, although not designated at the motions hearing, the limited discovery afforded pursuant to this Order shall close on July 12, 2017. It is further ORDERED that the United States' Motion for Summary Judgment as to Remaining Claims and Supporting Statement of Points and Authorities, ECF No. 112, is DENIED WITHOUT PREJUDICE. At the close of discovery, the Government may renew its motion for summary judgment if its position that the plaintiff's remaining claims are moot has not changed based on the discovery authorized by the Court. It is further ORDERED that the parties shall appear before the Court for a post-discovery status conference on July 14, 2017, at 2:30 p.m. Signed by Judge Reggie B. Walton on April 12, 2017. (lcrbw2)
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| Minute Entry; for proceedings held before Judge Reggie B. Walton: Oral Arguments heard on 4/6/2017 re 120 MOTION for Discovery Under Rule 56(d) filed by TRUE THE VOTE, INC. (Court Reporter Cathryn Jones) (hs) |
| Set/Reset Hearings: Motion Hearing reset for 4/6/2017 at 01:30 PM in Courtroom 16 before Judge Reggie B. Walton. (hs) |
| Filing 137 NOTICE of Appearance by Joseph A. Sergi on behalf of UNITED STATES OF AMERICA (Sergi, Joseph) |
| Filing 136 NOTICE of Appearance by Catherine D. Cockerham on behalf of DAVID FISH, STEVEN GRODNITZKY, LOIS LERNER, STEVEN T. MILLER, HOLLY PAZ, MICHAEL SETO, DOUGLAS H. SHULMAN, CINDY M. THOMAS, WILLIAM WILKINS (Cockerham, Catherine) |
| Set/Reset Hearings: Motion Hearing set for 4/6/2017 at 02:30 PM in Courtroom 16 before Judge Reggie B. Walton. (hs) |
| Filing 135 Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Courtney Turner Milbank, :Firm- The Bopp Law Firm PC, :Address- 1 South Sixth Street, Terre Haute IN 47807. Phone No. - 812-232-2434. Fax No. - 812-235-3685 Filing fee $ 100, receipt number 0090-4856464. Fee Status: Fee Paid. by TRUE THE VOTE, INC. (Attachments: # 1 Text of Proposed Order)(Bopp, James) |
| Filing 134 NOTICE OF WITHDRAWAL OF APPEARANCE as to TRUE THE VOTE, INC.. Attorney Michael J. Lockerby terminated. (Lockerby, Michael) |
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MINUTE ORDER. Upon consideration of the plaintiff's Motion for Courtney Turner Milbank to Appear Pro Hac Vice, ECF No. 135, and in light of the defendants' consent, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Courtney Turner Milbank is admitted pro hac vice in this matter for the purpose of representing the plaintiff. Signed by Judge Reggie B. Walton on February 27, 2017. (lcrbw2)
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MINUTE ORDER. Upon consideration of the plaintiff's Motion to Continue Hearing, ECF No. 130, and the United States' Response to Plaintiff's Motion to Continue Hearing, ECF No. 131, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the hearing previously scheduled for March 2, 2017, is RESCHEDULED for April 6, 2017, at 2:30 p.m., wherein the Court will hear oral arguments on the pending motions in this case. Signed by Judge Reggie B. Walton on February 27, 2017. (lcrbw2)
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| Filing 133 REPLY to opposition to motion re 130 MOTION to Continue Hearing filed by TRUE THE VOTE, INC.. (Bopp, James) |
| Filing 132 NOTICE OF WITHDRAWAL OF APPEARANCE as to TRUE THE VOTE, INC.. Attorney William E. Davis terminated. (Davis, William) |
| Filing 131 RESPONSE re 130 MOTION to Continue Hearing filed by UNITED STATES OF AMERICA. (Sergi, Joseph) |
| Filing 130 MOTION to Continue Hearing by TRUE THE VOTE, INC. (Attachments: # 1 Text of Proposed Order)(Bopp, James) |
| Filing 129 NOTICE OF WITHDRAWAL OF APPEARANCE as to TRUE THE VOTE, INC.. Attorney John C. Eastman terminated. (Eastman, John) |
| Filing 128 NOTICE OF WITHDRAWAL OF APPEARANCE as to TRUE THE VOTE, INC.. Attorney Kaylan L. Phillips terminated. (Phillips, Kaylan) |
| Filing 127 NOTICE OF WITHDRAWAL OF APPEARANCE as to TRUE THE VOTE, INC.. Attorney Noel H. Johnson terminated. (Johnson, Noel) |
| Filing 126 NOTICE OF WITHDRAWAL OF APPEARANCE as to TRUE THE VOTE, INC.. Attorney Mathew D. Gutierrez terminated. (Gutierrez, Mathew) |
| Filing 125 NOTICE OF WITHDRAWAL OF APPEARANCE as to TRUE THE VOTE, INC.. Attorney Cleta Deatherage Mitchell terminated. (Mitchell, Cleta) |
| Filing 124 NOTICE of Appearance by James Bopp, Jr on behalf of All Plaintiffs (Bopp, James) |
| Filing 123 REPLY to opposition to motion re 120 MOTION for Discovery Under Rule 56(d) filed by TRUE THE VOTE, INC.. (Johnson, Noel) |
| Filing 122 Memorandum in opposition to re 120 MOTION for Discovery Under Rule 56(d) filed by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(Sergi, Joseph) |
| Filing 121 REPLY to opposition to motion re 112 MOTION for Summary Judgment filed by UNITED STATES OF AMERICA. (Attachments: # 1 Statement of Facts, # 2 Exhibit Index, # 3 Exhibit 1 - Transcript excerpt, # 4 Exhibit 2 - TTV information response excerpt, # 5 Exhibit 3 - Letters between counsel, # 6 Exhibit 4 - PATH Act excerpts)(Sergi, Joseph) |
| Filing 120 MOTION for Discovery Under Rule 56(d) by TRUE THE VOTE, INC. (Attachments: # 1 Affidavit of Cleta Mitchell, # 2 Affidavit of Catherine Engelbrecht, # 3 Text of Proposed Order)(Johnson, Noel) |
| Filing 119 Memorandum in opposition to re 112 MOTION for Summary Judgment filed by TRUE THE VOTE, INC.. (Attachments: # 1 Statement of Facts, # 2 Exhibit Index, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Text of Proposed Order)(Johnson, Noel) |
| Filing 118 NOTICE of Change of Address by Kaylan L. Phillips (Phillips, Kaylan) |
| Filing 117 ANSWER to 14 Amended Complaint,,, by RONALD BELL, JANINE L. ESTES, DAVID FISH, STEVEN GRODNITZKY, INTERNAL REVENUE SERVICE, LOIS LERNER, SUSAN MALONEY, STEVEN T. MILLER, FAYE NG, HOLLY PAZ, MICHAEL SETO, DOUGLAS H. SHULMAN, CINDY M. THOMAS, UNITED STATES OF AMERICA, UNKNOWN NAMED EMLPLOYEES OF INTERNAL REVENUE SERVICE, DANIEL WERFEL, WILLIAM WILKINS. Related document: 14 Amended Complaint,,, filed by TRUE THE VOTE, INC..(Sergi, Joseph) |
| Set/Reset Deadlines: Response to Motion for Summary Judgment due by 1/19/2017. Reply to Motion for Summary Judgment due by 2/9/2017. (hs) |
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Filing 116
ORDER. In accordance with the attached Order, it is hereby ORDERED that on or before January 19, 2017, the plaintiff shall file its opposition to the federal defendants' motion for summary judgment or, in the alternative, a motion pursuant to Federal Rule of Civil Procedure 56(d), "specif[ying the] reasons, it cannot present facts essential to justify its opposition." Fed. R. Civ. P. 56(d). It is further ORDERED that on or before February 9, 2017, the federal defendants shall file their reply in support of their motion for summary judgment or, in the alternative, their opposition to the plaintiff's Rule 56(d) motion if such a motion has been filed. It is further ORDERED that the parties shall appear before the Court for a status conference on March 2, 2017, at 2:30 p.m. Signed by Judge Reggie B. Walton on November 22, 2016. (lcrbw2)
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MINUTE ORDER. Upon consideration of the plaintiff's Unopposed Motion for Extension of Deadlines Regarding Defendants' Motion for Summary Judgment, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the deadlines for the Plaintiff's Response and the Defendants' Reply regarding the Defendants' Motion for Summary Judgment are EXTENDED and will be set at the status conference scheduled for November 18, 2016. Signed by Judge Reggie B. Walton on November 16, 2016.. Signed by Judge Reggie B. Walton on November 18, 2016. (lcrbw2)
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| Set/Reset Deadlines: Federal Defendant's Answer to the Complaint due by 12/19/2016. (hs) |
| Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 11/18/2016, Status Conference set for 3/2/2016 at 02:30 PM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) (hs) |
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MINUTE ORDER. Upon consideration of the plaintiff's Unopposed Motion for Order Requiring Defendants to File Answer to First Amended Complaint, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the federal defendants shall file an Answer to the plaintiff's First Amended Complaint on or before December 19, 2016. Signed by Judge Reggie B. Walton on November 18, 2016. (lcrbw2)
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| Filing 115 Unopposed MOTION for Order requiring Defendants to File Answer by TRUE THE VOTE, INC. (Attachments: # 1 Text of Proposed Order)(Phillips, Kaylan) |
| Filing 114 Unopposed MOTION for Extension of Time to File Response/Reply as to 112 MOTION for Summary Judgment by TRUE THE VOTE, INC. (Attachments: # 1 Text of Proposed Order)(Phillips, Kaylan) |
| Filing 113 NOTICE As To Plaintiff's Entitlement to Declaratory Relief by TRUE THE VOTE, INC. re 109 Order,,,, (Johnson, Noel) |
| Filing 112 MOTION for Summary Judgment by UNITED STATES OF AMERICA (Attachments: # 1 Exhibit 2015 TIGTA Report, # 2 Statement of Facts, # 3 Declaration TAMERA L. RIPPERDA Director, Exempt Organizations, # 4 Text of Proposed Order)(Sergi, Joseph) |
| Filing 111 NOTICE of Appearance by Gerald Alan Role on behalf of All Defendants (Role, Gerald) |
| Filing 110 TRANSCRIPT OF PROCEEDINGS before Judge Reggie B. Walton held on October 12, 2016; Page Numbers: 1 - 45. Date of Issuance: October 20, 2016. Court Reporter: Jeff Hook. Contact information: 202-354-3373 / jeff_hook@dcd.uscourts.gov. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchase d from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/10/2016. Redacted Transcript Deadline set for 11/20/2016. Release of Transcript Restriction set for 1/18/2017.(Hook, Jeff) |
| Set/Reset Deadlines: Defendants' Summary Judgment motions/Motion to Dismiss due by 11/11/2016. Plaintiffs' Supplemental Memoranda due by 11/11/2016. (hs) |
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Filing 109
ORDER. In accordance with the attached Order, it is hereby ORDERED that on or before November 11, 2016, the defendants shall file their motion to dismiss, or in the alternative, motion for summary judgment, stating their position as to why the plaintiff's claims are now moot as alleged during the October 12, 2016 status conference, given the United States Court of Appeals for the District of Columbia Circuit's opinion in this case. In their motion in support of their mootness position, the defendants shall indicate why the plaintiff's claims are moot, including addressing why the plaintiff will not experience any negative consequences resulting from the alleged discriminatory targeting scheme employed by the defendants throughout its tenure as a tax-exempt entity. Although not addressed during the status conference, it is further ORDERED that on or before November 11, 2016, the plaintiff shall advise the Court as to what, if any, declaratory relief it believes it is entitled to receive based on the current record. It is further ORDERED that the parties shall appear before the Court for a status conference on November 18, 2016, at 2:30 p.m. Signed by Judge Reggie B. Walton on October 14, 2016. (lcrbw2)
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| Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 10/12/2016. Scheduling Order to issue via chambers. Status Conference set for 11/18/2016 at 02:30 PM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Jeff Hook) (hs) |
| Filing 108 NOTICE of Appearance by Eric Richard Nitz on behalf of RONALD BELL, JANINE L. ESTES, SUSAN MALONEY, FAYE NG (Nitz, Eric) |
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MINUTE ORDER. Upon consideration of the Federal Defendants' Motion to Extend Response Time, and in light of the fact that the plaintiff does not oppose this motion so long as the extension does not exceed twenty days, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the federal defendants' response time shall be reset at the status conference scheduled for October 12, 2016. Signed by Judge Reggie B. Walton on October 11, 2016. (lcrbw2)
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| Filing 107 Consent MOTION for Extension of Time to File Answer re 14 Amended Complaint,,, by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Sergi, Joseph) |
| Set/Reset Hearings: Status Conference set for 10/12/2016 at 03:30 PM in Courtroom 16 before Judge Reggie B. Walton. (hs) |
| Filing 106 MANDATE of USCA as to 104 Notice of Appeal to DC Circuit Court, filed by TRUE THE VOTE, INC. USCA Case Number 14-5316. (Attachments: # 1 judgment filed August 5, 2016)(zrdj) |
| USCA Case Number 14-5316 for 104 Notice of Appeal to DC Circuit Court, filed by TRUE THE VOTE, INC.. (rd) |
| Filing 105 Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date 12/18/14 re 104 Notice of Appeal to DC Circuit Court,. (td, ) |
| Filing 104 NOTICE OF APPEAL TO DC CIRCUIT COURT as to 103 Memorandum & Opinion, 102 Order on Motion to Dismiss,,, Order on Motion to Stay,,,,,,,,,,,, by TRUE THE VOTE, INC.. Filing fee $ 505, receipt number 0090-3940769. Fee Status: Fee Paid. Parties have been notified. (Johnson, Noel) |
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Filing 103
MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on October 23, 2014. (lcrbw2)
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Filing 102
ORDER granting 54 Motion to Dismiss; granting 63 Motion to Dismiss; granting 64 Motion to Dismiss; denying 68 Motion to Stay. Per the attached Order, and for the reasons stated in the Court's Memorandum Opinion issued this same date, it is hereby ORDERED that the Defendants' Motion to Dismiss Counts I, II, IV[,] and V is GRANTED. It is further ORDERED that the Individual Management Defendants' Motion to Dismiss is GRANTED. It is further ORDERED that the Motion to Dismiss of Cincinnati Defendants Susan Maloney, Ronald Bell, Janine L. Estes, and Faye Ng is GRANTED. It is further ORDERED that the Plaintiff's Motion to Stay Agency Action is DENIED AS MOOT. It is further ORDERED that the plaintiff's request for an oral hearing is DENIED AS MOOT. It is further ORDERED that this case is CLOSED. Signed by Judge Reggie B. Walton on October 23, 2014. (lcrbw2)
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| Filing 101 NOTICE OF WITHDRAWAL OF APPEARANCE as to INTERNAL REVENUE SERVICE, UNITED STATES OF AMERICA. Attorney Christopher David Belen terminated. (Belen, Christopher) |
| Filing 100 RESPONSE re 99 NOTICE OF SUPPLEMENTAL AUTHORITY filed by RONALD BELL, JANINE L. ESTES, DAVID FISH, STEVEN GRODNITZKY, LOIS LERNER, SUSAN MALONEY, STEVEN T. MILLER, FAYE NG, HOLLY PAZ, MICHAEL SETO, DOUGLAS H. SHULMAN, CINDY M. THOMAS, WILLIAM WILKINS. (Gerson, Erica) |
| Filing 99 NOTICE OF SUPPLEMENTAL AUTHORITY by TRUE THE VOTE, INC. (Johnson, Noel) |
| Filing 98 TRANSCRIPT OF PROCEEDINGS before Judge Reggie B. Walton held on July 11, 2014; Page Numbers: 1 - 88. Court Reporter/Transcriber Cathryn Jones, Telephone number 202 354-3246, Court Reporter Email Address : jcathryn55@yahoo.com.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.<P></P> Redaction Request due 9/23/2014. Redacted Transcript Deadline set for 10/3/2014. Release of Transcript Restriction set for 12/1/2014.(Jones, Cathryn) |
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Filing 97
MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on 8/7/2014. (lcrbw2)
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Filing 96
ORDER denying 83 Motion for Discovery; denying 83 Motion for Preliminary Injunction. Per the attached Order and for the reasons stated in the Memorandum Opinion entered this same date, it is hereby ORDERED that the Plaintiff's Motion for Preliminary Injunction and Expedited Discovery to Prevent Further Spoliation of, and to Preserve and Restore, Evidence and Discoverable Information is DENIED. Signed by Judge Reggie B. Walton on 8/7/2014. (lcrbw2)
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| Filing 95 RESPONSE re 94 NOTICE OF SUPPLEMENTAL AUTHORITY Federal Defendants' Response to Plaintiffs' Notice of Supplemental Authority filed by UNITED STATES OF AMERICA. (Hartt, Grover) |
| Filing 94 NOTICE OF SUPPLEMENTAL AUTHORITY by TRUE THE VOTE, INC. (Johnson, Noel) |
| Filing 93 NOTICE OF SUPPLEMENTAL AUTHORITY by RONALD BELL, JANINE L. ESTES, DAVID FISH, STEVEN GRODNITZKY, LOIS LERNER, SUSAN MALONEY, STEVEN T. MILLER, FAYE NG, HOLLY PAZ, MICHAEL SETO, DOUGLAS H. SHULMAN, CINDY M. THOMAS, WILLIAM WILKINS (Lamken, Jeffrey) |
| Filing 92 NOTICE of Filing the Declaration of Timothy P. Camus, Stephen L. Manning, and Todd Egaas by RONALD BELL, JANINE L. ESTES, DAVID FISH, STEVEN GRODNITZKY, INTERNAL REVENUE SERVICE, LOIS LERNER, SUSAN MALONEY, STEVEN T. MILLER, FAYE NG, HOLLY PAZ, MICHAEL SETO, DOUGLAS H. SHULMAN, CINDY M. THOMAS, UNITED STATES OF AMERICA, UNKNOWN NAMED EMLPLOYEES OF INTERNAL REVENUE SERVICE, DANIEL WERFEL, WILLIAM WILKINS re 91 Order,,,,, (Attachments: # 1 Exhibit Ex. A Declaration of Timothy Camus, # 2 Exhibit Ex. B Declaration of Stephen L. Manning, # 3 Exhibit Ex. C Declaration of Todd O. Egaas)(Sergi, Joseph) |
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Filing 91
ORDER. In accordance with the rulings orally issued by the Court during the July 11, 2014 hearing, and to inform the Court's consideration of current and/or future discovery matters pertaining to the emails and computer hard drive at issue, it is hereby ORDERED that, on or before July 18, 2014, defendant the Internal Revenue Service shall submit to the Court an affidavit or declaration signed under oath by an appropriate individual with firsthand knowledge that: 1. outlines the expertise and qualifications of the individual or individuals currently conducting the forensic examination as part of the Inspector General's investigation; 2. outlines the expertise and qualifications of the individual or individuals who previously conducted forensic examinations or otherwise attempted to recover information from the computer hard drive at issue; 3. provides a projected date of completion of the Inspector General's investigation; 4. states whether the serial number, if any, assigned to the computer hard drive at issue is known; and 5. if the serial number is known, why the computer hard drive cannot be identified and preserved. See the attachced order for additional details. Signed by Judge Reggie B. Walton on 7/11/2014. (lcrbw2)
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| Minute Entry for proceedings held before Judge Reggie B. Walton: Motion Hearing held on 7/11/2014 re 83 MOTION for Discovery/Preliminary Injunction filed by TRUE THE VOTE, INC., HEARD and TAKEN UNDER ADVISEMENT. (Order forthcoming). (Court Reporter Cathryn Jones) (ad) |
| Set/Reset Deadline: On or before 7/18/2014, defendant the Internal Revenue Service shall submit to the Court an affidavit or declaration. (ad) |
| Filing 90 NOTICE of Appearance by Christopher Randy Egan on behalf of INTERNAL REVENUE SERVICE, UNITED STATES OF AMERICA (Attachments: # 1 Cert of Familiarity)(Egan, Christopher) |
| Filing 89 Memorandum in opposition to re 83 MOTION for Discovery (Plaintiff's Motion for Preliminary Injunction and Expedited Discovery to Prevent Further Spoliation of, and to Preserve and Restore, Evidence and Discoverable Information) MOTION for Preliminary Injunction filed by RONALD BELL, JANINE L. ESTES, SUSAN MALONEY, FAYE NG. (Attachments: # 1 Text of Proposed Order)(Lamken, Jeffrey) |
| Filing 88 RESPONSE re 83 MOTION for Discovery (Plaintiff's Motion for Preliminary Injunction and Expedited Discovery to Prevent Further Spoliation of, and to Preserve and Restore, Evidence and Discoverable Information) MOTION for Preliminary Injunction United States' Response Opposing True the Vote's Motion for Premilinary Injunction and Expedited Discovery filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit Gov Ex A, # 2 Exhibit Gov Ex B, # 3 Exhibit Gov Ex C, # 4 Exhibit Gov Ex D)(Sergi, Joseph) |
| Filing 87 Memorandum in opposition to re 83 MOTION for Discovery (Plaintiff's Motion for Preliminary Injunction and Expedited Discovery to Prevent Further Spoliation of, and to Preserve and Restore, Evidence and Discoverable Information) MOTION for Preliminary Injunction filed by DAVID FISH, STEVEN GRODNITZKY, LOIS LERNER, STEVEN T. MILLER, HOLLY PAZ, MICHAEL SETO, DOUGLAS H. SHULMAN, CINDY M. THOMAS, WILLIAM WILKINS. (Attachments: # 1 Exhibit 1)(Benitez, Brigida) |
| Filing 86 NOTICE of Appearance by Brigida Benitez on behalf of DAVID FISH (Benitez, Brigida) |
| Filing 85 NOTICE of Appearance by Erica Lynne Gerson on behalf of DAVID FISH (Gerson, Erica) |
| Filing 84 NOTICE of Filing Exhibit K to Plaintiff's Motion for Preliminary Injunction and Expedited Discovery to Prevent Further Spoliation of, and to Preserveand Restore, Evidence and Discoverable Information by TRUE THE VOTE, INC. re 83 MOTION for Discovery (Plaintiff's Motion for Preliminary Injunction and Expedited Discovery to Prevent Further Spoliation of, and to Preserve and Restore, Evidence and Discoverable Information) MOTION for Preliminary Injunction (Attachments: # 1 Exhibit K to Plaintiff's Motion for Preliminary Injunction and Expedited Discovery to Prevent Further Spoliation of, and to Preserve and Restore, Evidence and Discoverable Information)(Lockerby, Michael) |
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MINUTE ORDER. The Court having received the Plaintiff's Motion for Preliminary Injunction and Expedited Discovery (ECF No. 83 ), and to ensure the prompt resolution thereof, it is hereby ORDERED that the defendants shall file their opposition to the plaintiff's motion on or before Monday, July 7, 2014, and it is further ORDERED that the parties shall appear before the Court for a hearing on the merits of the plaintiff's motion at 11:00 a.m. on Friday, July 11, 2014. Signed by Judge Reggie B. Walton on 7/1/2014. (lcrbw2)
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| Set/Reset Hearings: Motion Hearing set for 7/11/2014 11:00 AM in Courtroom 16 before Judge Reggie B. Walton. (mpt, ) |
| NOTICE OF ERROR re 83 Motion for Discovery; emailed to mlockerby@foley.com, cc'd 36 associated attorneys -- The PDF file you docketed contained errors: 1. Do not refile. Remember to select all reliefs that pertain to your document when filing. (td, ) |
| Filing 83 MOTION for Discovery (Plaintiff's Motion for Preliminary Injunction and Expedited Discovery to Prevent Further Spoliation of, and to Preserve and Restore, Evidence and Discoverable Information) by TRUE THE VOTE, INC. (Attachments: # 1 Text of Proposed Order Granting Plaintiff's Motion for Preliminary Injunction and Expedited Discovery to Prevent Further Spoliation of, and to Preserve and Restore, Evidence and Discoverable Information, # 2 Memorandum in Support Plaintiff's Motion for Preliminary Injunction and Expedited Discovery to Prevent Further Spoliation of, and to Preserve and Restore, Evidence and Discoverable Information, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O)(Lockerby, Michael). Added MOTION for Preliminary Injunction on 7/1/2014 (td, ). |
| Filing 82 NOTICE of Appearance by Michael J. Lockerby on behalf of All Plaintiffs (Attachments: # 1 Certificate of Service)(Lockerby, Michael) |
| Filing 81 REPLY re 80 NOTICE OF SUPPLEMENTAL AUTHORITY Federal Defendants' Response to Plaintiff's Notice of Supplemental Authority filed by UNITED STATES OF AMERICA. (Hartt, Grover) |
| Filing 80 NOTICE OF SUPPLEMENTAL AUTHORITY by TRUE THE VOTE, INC. (Attachments: # 1 Exhibit 1)(Johnson, Noel) |
| Filing 79 NOTICE of Appearance by Erica Lynne Gerson on behalf of STEVEN GRODNITZKY, LOIS LERNER, STEVEN T. MILLER, HOLLY PAZ, MICHAEL SETO, DOUGLAS H. SHULMAN, CINDY M. THOMAS, WILLIAM WILKINS (Gerson, Erica) |
| Filing 78 REPLY to opposition to motion re 54 MOTION to Dismiss Motion to Dismiss Counts I, II, IV and V and Statement of Points and Authorities Reply in Support of Motion to Dismiss Counts I, II, IV and V filed by UNITED STATES OF AMERICA. (Hartt, Grover) |
| Filing 77 REPLY to opposition to motion re 64 MOTION to Dismiss of Cincinnati Defendants filed by RONALD BELL, JANINE L. ESTES, SUSAN MALONEY, FAYE NG. (Lamken, Jeffrey) |
| Filing 76 REPLY to opposition to motion re 63 MOTION to Dismiss of Individual Management Defendants filed by STEVEN GRODNITZKY, LOIS LERNER, STEVEN T. MILLER, HOLLY PAZ, MICHAEL SETO, DOUGLAS H. SHULMAN, CINDY M. THOMAS, WILLIAM WILKINS. (Benitez, Brigida) |
| Filing 75 NOTICE OF WITHDRAWAL OF APPEARANCE as to TRUE THE VOTE, INC.. Attorney Zachary S. Kester terminated. (Kester, Zachary) |
| Filing 74 REPLY to opposition to motion re 68 MOTION to Stay Agency Action filed by TRUE THE VOTE, INC.. (Mitchell, Cleta) |
| Filing 73 RESPONSE re 68 MOTION to Stay Agency Action Opposition to Plaintiff's Motion to Stay Agency Action filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit 1)(Hartt, Grover) |
| Filing 72 Memorandum in opposition to re 64 MOTION to Dismiss of Cincinnati Defendants, 63 MOTION to Dismiss of Individual Management Defendants, 54 MOTION to Dismiss Motion to Dismiss Counts I, II, IV and V and Statement of Points and Authorities filed by TRUE THE VOTE, INC.. (Filed Nunc Pro Tunc to 11/15/2013, pursuant to Minute Order filed on 11/26/2013 (jf, ) |
| Filing 71 RESPONSE re 66 MOTION for Leave to File Consolidated Oversized Memorandum in Opposition to Individual Defendants' Motions to Dismiss filed by RONALD BELL, JANINE L. ESTES, SUSAN MALONEY, FAYE NG. (Lamken, Jeffrey) |
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MINUTE ORDER granting 66 Motion for Leave to File. Upon consideration of the plaintiff's Motion to File Oversized Memorandum in Consolidated Response to Individual Defendants' Motions to Dismiss, and the opposition thereto, and for good cause shown, it is ORDERED that the motion is GRANTED nunc pro tunc to November 15, 2013. The plaintiff's opposition to the individual defendants' motions to dismiss is deemed timely filed. The plaintiff is admonished that future requests to file oversized memoranda of law should be submitted to the Court prior to the date on which any such memoranda are due in accordance with this Court's local rules. See Local Civ. R. 7(e) ("A memorandum of points and authorities in support of or in opposition to a motion shall not exceed 45 pages and a reply memorandum shall not exceed 25 pages, without prior approval of the court."). Signed by Judge Reggie B. Walton on 11/26/2013. (lcrbw2)
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| Filing 70 REPLY to opposition to motion re 66 MOTION for Leave to File Consolidated Oversized Memorandum in Opposition to Individual Defendants' Motions to Dismiss filed by TRUE THE VOTE, INC.. (Mitchell, Cleta) |
| Filing 69 Memorandum in opposition to re 66 MOTION for Leave to File Consolidated Oversized Memorandum in Opposition to Individual Defendants' Motions to Dismiss by Individual Management Defendants filed by STEVEN GRODNITZKY, LOIS LERNER, STEVEN T. MILLER, HOLLY PAZ, MICHAEL SETO, DOUGLAS H. SHULMAN, CINDY M. THOMAS, WILLIAM WILKINS. (Attachments: # 1 Text of Proposed Order)(Benitez, Brigida) |
| NOTICE OF ERROR re 65 Memorandum in Opposition; emailed to cmitchell@foley.com, cc'd 31 associated attorneys -- The PDF file you docketed contained errors: 1. Leave to file not yet requested and/or granted, 2. This document will be Entered In Error and added as an exhibit to the Motion for Leave. (ztd, ) |
| Filing 68 MOTION to Stay Agency Action by TRUE THE VOTE, INC. (Attachments: # 1 Text of Proposed Order)(Mitchell, Cleta) |
| Filing 67 ENTERED IN ERROR. . . . .Memorandum in opposition to re 64 MOTION to Dismiss of Cincinnati Defendants, 63 MOTION to Dismiss of Individual Management Defendants filed by TRUE THE VOTE, INC.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Mitchell, Cleta) Modified on 11/18/2013 (td, ). |
| Filing 66 MOTION for Leave to File Consolidated Oversized Memorandum in Opposition to Individual Defendants' Motions to Dismiss by TRUE THE VOTE, INC. (Attachments: # 1 Text of Proposed Order Granting Motion to File Consolidated Oversized Memo)(Mitchell, Cleta) (Additional attachment(s) added on 11/18/2013: # 2 Exhibit Opposition) (td, ). |
| Filing 65 Memorandum in opposition to re 59 Supplemental MOTION to Amend/Correct 54 MOTION to Dismiss Motion to Dismiss Counts I, II, IV and V and Statement of Points and Authorities , 54 MOTION to Dismiss Motion to Dismiss Counts I, II, IV and V and Statement of Points and Authorities filed by TRUE THE VOTE, INC.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order Denying Motion to Dismiss)(Mitchell, Cleta) |
| Filing 64 MOTION to Dismiss of Cincinnati Defendants by RONALD BELL, JANINE L. ESTES, SUSAN MALONEY, FAYE NG (Attachments: # 1 Text of Proposed Order Proposed Order)(Lamken, Jeffrey) |
| Filing 63 MOTION to Dismiss of Individual Management Defendants by STEVEN GRODNITZKY, LOIS LERNER, STEVEN T. MILLER, HOLLY PAZ, MICHAEL SETO, DOUGLAS H. SHULMAN, CINDY M. THOMAS, WILLIAM WILKINS (Attachments: # 1 Text of Proposed Order)(Benitez, Brigida) |
| Set/Reset Deadlines: Response due by 11/15/2013; Reply due by 12/17/2013. (mpt) |
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MINUTE ORDER granting 61 Motion for Briefing Schedule; granting 62 Motion for Extension of Time to File Response/Reply. For good cause shown, and in light of the parties' consent, the motions are GRANTED. The plaintiff's response(s) to motion(s) to dismiss filed by any/all defendant(s) shall be filed on or before November 15, 2013, and the defendants' reply briefs to the plaintiff's response(s) to motion(s) to dismiss shall be filed on or before December 17, 2013. Signed by Judge Reggie B. Walton on 10/3/2013. (lcrbw2)
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| Filing 62 Consent MOTION for Extension of Time to File Response/Reply as to 54 MOTION to Dismiss Motion to Dismiss Counts I, II, IV and V and Statement of Points and Authorities by TRUE THE VOTE, INC. (Mitchell, Cleta) |
| Filing 61 Joint MOTION for Briefing Schedule on Motions to Dismiss by TRUE THE VOTE, INC. (Mitchell, Cleta) |
| Filing 60 Notice to ClarifyTRUE THE VOTE'S CLARIFICATION OF ITS RESPONSE TO THE INDIVIDUAL IRS DEFENDANTS' MOTION FOR AN EXTENSION OF TIME TO OCTOBER 18, 2013 by TRUE THE VOTE, INC. (Mitchell, Cleta) Modified to read "Notice" per chambers on 9/30/2013 (td, ). |
| Minute Entry for proceedings held before Judge Reggie B. Walton: Status Conference held on 9/26/2013. (Court Reporter Cathryn Jones.) (mpt, ) |
| Filing 59 SUPPLEMENT to 54 MOTION to Dismiss Motion to Dismiss Counts I, II, IV and V and Statement of Points and Authorities by INTERNAL REVENUE SERVICE (Hartt, Grover) Modified title on 9/30/2014 (tg, ). |
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Filing 58
ORDER. For the reasons stated in the attached Order, it is herebyORDERED that the matters of Mr. Fish's legal representation and the appointment of a guardian ad litem for Mr. Fish are HELD IN ABEYANCE until further order of the Court. Signed by Judge Reggie B. Walton on 9/26/2013. (lcrbw2)
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| Filing 57 NOTICE of Appearance by Christopher David Belen on behalf of INTERNAL REVENUE SERVICE, UNITED STATES OF AMERICA (Attachments: # 1 LCvR 83.2(j) Attorney Certification)(Belen, Christopher) |
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MINUTE ORDER granting 48 Motion for Extension of Time. Upon consideration of the Motion and Memorandum of Law for an Extension of Time for the Individual Defendants to Respond to Plaintiff's First Amended Complaint, and for good cause shown, it is ORDERED that the motion is GRANTED. The individual defendants shall answer or otherwise respond to the first amended complaint on or before October 18, 2013. Signed by Judge Reggie B. Walton on 9/25/2013. (lcrbw2)
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| Filing 56 RESPONSE re 48 MOTION for Extension of Time to Respond to Plaintiff's First Amended Complaint filed by TRUE THE VOTE, INC.. (Mitchell, Cleta) |
| NOTICE OF ERROR re 55 Response to motion; emailed to njohnson@actrightlegal.org, cc'd 29 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. Please refile document, 3. The filing attorney and the signing attorney should be the same. (td, ) |
| Filing 55 ENTERED IN ERROR. . . . .RESPONSE re 48 MOTION for Extension of Time to Respond to Plaintiff's First Amended Complaint filed by TRUE THE VOTE, INC.. (Johnson, Noel) Modified on 9/24/2013 (td, ). |
| Filing 54 MOTION to Dismiss Motion to Dismiss Counts I, II, IV and V and Statement of Points and Authorities by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Hartt, Grover) |
| NOTICE OF CORRECTED DOCKET ENTRY: 50 was entered in error and refiled as docket entry no. 53 .(td, ) |
| Filing 53 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to CINDY M. THOMAS served on 8/19/2013; WILLIAM WILKINS served on 8/10/2013. (td, ) |
| Filing 52 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/12/2013. Answer due for ALL FEDERAL DEFENDANTS by 11/11/2013. (Phillips, Kaylan) |
| Filing 51 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/27/2013. (Phillips, Kaylan) |
| Filing 50 ENTERED IN ERROR. . . . .RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CINDY M. THOMAS served on 8/19/2013, answer due 9/9/2013; WILLIAM WILKINS served on 8/10/2013, answer due 8/31/2013 (Phillips, Kaylan) Modified on 9/19/2013 (td, ). |
| Filing 49 NOTICE of Appearance by Brigida Benitez on behalf of STEVEN GRODNITZKY, LOIS LERNER, STEVEN T. MILLER, HOLLY PAZ, MICHAEL SETO, DOUGLAS H. SHULMAN, CINDY M. THOMAS, WILLIAM WILKINS (Benitez, Brigida) |
| Filing 48 MOTION for Extension of Time to Respond to Plaintiff's First Amended Complaint by RONALD BELL, JANINE L. ESTES, STEVEN GRODNITZKY, LOIS LERNER, SUSAN MALONEY, STEVEN T. MILLER, FAYE NG, HOLLY PAZ, MICHAEL SETO, DOUGLAS H. SHULMAN, CINDY M. THOMAS, WILLIAM WILKINS (Shur, Justin) |
| Filing 47 NOTICE of Appearance by Justin V Shur on behalf of RONALD BELL, JANINE L. ESTES, SUSAN MALONEY, FAYE NG (Shur, Justin) |
| Filing 46 NOTICE of Appearance by Jeffrey A. Lamken on behalf of RONALD BELL, JANINE L. ESTES, SUSAN MALONEY, FAYE NG (Lamken, Jeffrey) |
| Set/Reset Hearings: Status Conference set for 9/26/2013 10:15 AM in Courtroom 16 before Judge Reggie B. Walton. (mpt, ) |
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MINUTE ORDER. In light of the representations made to the Court in the United States' Suggestion of Incapacity of David Fish (see ECF no. 43 ), it is ORDERED that the parties shall appear before the Court for a status hearing concerning the matters addressed in the Suggestion of Incapacity at a date and time to be determined by the Clerk. Signed by Judge Reggie B. Walton on 9/5/2013. (lcrbw2)
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| Set/Reset Deadline: The defendants shall answer or otherwise respond to the plaintiff's amended complaint on or before 9/20/2013. (ad) |
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MINUTE ORDER granting 25 Motion for Extension of Time to Answer. For good cause shown, it is ORDERED that the motion for an extension of time is GRANTED nunc pro tunc to August 5, 2013. The defendants shall answer or otherwise respond to the plaintiff's amended complaint on or before September 20, 2013. Signed by Judge Reggie B. Walton on 8/29/2013. (lcrbw2)
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MINUTE ORDER denying 26 Motion for Leave to Appear Pro Hac Vice. It appearing to the Court from the motion that attorney Michael J. Lockerby is "[a]n attorney who engages in the practice of law from an office located in the District of Columbia" and is thus ineligible for admission pro hac vice under this Court's Local Rules, see Local Civ. R. 83.2(c)(2), it is ORDERED that the motion is DENIED. Signed by Judge Reggie B. Walton on 8/29/2013. (lcrbw2)
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MINUTE ORDER granting 44 Motion for Leave to Appear Pro Hac Vice; granting 45 Motion for Leave to Appear Pro Hac Vice. For good cause shown, it is ORDERED that the motions are GRANTED. Attorneys Mathew D. Gutierrez and William E. Davis may appear and be heard in the above captioned action. Signed by Judge Reggie B. Walton on 8/29/2013. (lcrbw2)
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| Filing 45 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- William E. Davis, :Firm- Foley & Lardner LLP, :Address- One Biscayne Tower, 2 South Biscayne Boulevard, Suite 1900, Miami, FL 33131. Phone No. - 305-482-8404. Fax No. - 305-482-8600 by TRUE THE VOTE, INC. (Attachments: # 1 Declaration, # 2 Certificate of Service)(Mitchell, Cleta) |
| Filing 44 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Matthew D. Gutierrez, :Firm- Foley & Lardner LLP, :Address- One Biscayne Tower, 2 South Biscayne Boulevard, Ste. 1900, Miami, FL 33131. Phone No. - 305-482-8417. Fax No. - 305-482-8600 by TRUE THE VOTE, INC. (Attachments: # 1 Declaration, # 2 Certificate of Service)(Mitchell, Cleta) |
| Filing 43 NOTICE Suggestion of Incapacity of David Fish by UNITED STATES OF AMERICA (Hartt, Grover) |
| Filing 42 RESPONSE re 25 MOTION for Extension of Time to File Answer re 14 Amended Complaint,,, Renewed Motion and Memorandum of Law for Extension of Time to Respond to First Amended Complaint filed by TRUE THE VOTE, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mitchell, Cleta) |
| Filing 41 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DAVID FISH served on 7/25/2013; STEVEN GRODNITZKY served on 7/29/2013; HOLLY PAZ served on 7/29/2013; MICHAEL SETO served on 7/25/2013; DANIEL WERFEL served on 8/14/2013, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DAVID FISH served on 7/25/2013; STEVEN GRODNITZKY served on 7/29/2013; HOLLY PAZ served on 7/29/2013; MICHAEL SETO served on 7/25/2013; DANIEL WERFEL served on 8/14/2013 (Phillips, Kaylan) |
| Filing 40 Electronic Summons Issued as to DANIEL WERFEL, in his official capacity. (td, ) |
| Filing 39 Electronic Summons Issued as to WILLIAM WILKINS, in his official capacity. (td, ) |
| Filing 38 Electronic Summons Issued as to MICHAEL SETO, in his official capacity. (td, ) |
| Filing 37 Electronic Summons Issued as to HOLLY PAZ, in her official capacity. (td, ) |
| Filing 36 Electronic Summons Issued as to STEVEN GRODNITZKY, in his official capacity. (td, ) |
| Filing 35 Electronic Summons Issued as to DAVID FISH, in his official capacity. (td, ) |
| Filing 34 Electronic Summons Issued as to CINDY M. THOMAS, in her official capacity. (td, ) |
| Filing 33 REQUEST FOR SUMMONS TO ISSUE for Defendant Daniel Werfel in His Official Capacity by TRUE THE VOTE, INC. filed by TRUE THE VOTE, INC..(Phillips, Kaylan) |
| Filing 32 REQUEST FOR SUMMONS TO ISSUE for Defendant William Wilkins in His Official Capacity by TRUE THE VOTE, INC. filed by TRUE THE VOTE, INC..(Phillips, Kaylan) |
| Filing 31 REQUEST FOR SUMMONS TO ISSUE for Defendant Cindy M. Thomas in Her Official Capacity by TRUE THE VOTE, INC. filed by TRUE THE VOTE, INC..(Phillips, Kaylan) |
| Filing 30 REQUEST FOR SUMMONS TO ISSUE for Defendant Michael C. Seto in His Official Capacity by TRUE THE VOTE, INC. filed by TRUE THE VOTE, INC..(Phillips, Kaylan) |
| Filing 29 REQUEST FOR SUMMONS TO ISSUE for Defendant Holly Paz in Her Official Capacity by TRUE THE VOTE, INC. filed by TRUE THE VOTE, INC..(Phillips, Kaylan) |
| Filing 28 REQUEST FOR SUMMONS TO ISSUE for Defendant Steven Grodnitzky in His Official Capacity by TRUE THE VOTE, INC. filed by TRUE THE VOTE, INC..(Phillips, Kaylan) |
| Filing 27 REQUEST FOR SUMMONS TO ISSUE for Defendant David Fish in His Official Capacity by TRUE THE VOTE, INC. filed by TRUE THE VOTE, INC..(Phillips, Kaylan) |
| Filing 26 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael J. Lockerby, :Firm- Foley & Lardner LLP, :Address- 3000 K Street, N.W., Suite 600, Washington, D.C. 20007. Phone No. - 202-045-6079. Fax No. - 202-672-5399 by TRUE THE VOTE, INC. (Attachments: # 1 Affidavit (Affidavit of Michael J. Lockerby), # 2 Certificate of Service)(Mitchell, Cleta) |
| Filing 25 MOTION for Extension of Time to File Answer re 14 Amended Complaint,,, Renewed Motion and Memorandum of Law for Extension of Time to Respond to First Amended Complaint by UNITED STATES OF AMERICA (Attachments: # 1 Exhibit A - Second Declaration of Christopher D. Belen, # 2 Exhibit B - Declaration of Thomas J. Kane, # 3 Text of Proposed Order)(Hartt, Grover) |
| Filing 24 Electronic Summons (6) Issued as to DAVID FISH, STEVEN GRODNITZKY, HOLLY PAZ, MICHAEL SETO, CINDY M. THOMAS, WILLIAM WILKINS. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(td, ) |
| Filing 23 Electronic Summons (7) Issued, in official capacities, as to RONALD BELL, JANINE L. ESTES, LOIS LERNER, SUSAN MALONEY, STEVEN T. MILLER, FAYE NG, DOUGLAS H. SHULMAN. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(td, ) Modified text on 7/24/2013 (td, ). |
| NOTICE OF ERROR re 22 Request for Summons to Issue; emailed to cmitchell@foley.com, cc'd 12 associated attorneys -- The PDF file you docketed contained errors: 1. Can not issue summonses to unknown parties. (td, ) |
| Filing 22 REQUEST FOR SUMMONS TO ISSUE UNKNOWN NAMED EMPLOYEES OF THE INTERNAL REVENUE SERVICE, In Their Official Capacities by TRUE THE VOTE, INC. re 14 Amended Complaint,,, filed by TRUE THE VOTE, INC.. Related document: 14 Amended Complaint,,, filed by TRUE THE VOTE, INC..(Mitchell, Cleta) |
| Filing 21 REQUEST FOR SUMMONS TO ISSUE DOUGLAS H. SHULMAN, In His Official Capacity by TRUE THE VOTE, INC. re 14 Amended Complaint,,, filed by TRUE THE VOTE, INC.. Related document: 14 Amended Complaint,,, filed by TRUE THE VOTE, INC..(Mitchell, Cleta) |
| Filing 20 REQUEST FOR SUMMONS TO ISSUE FAYE NG, In Her Official Capacity by TRUE THE VOTE, INC. re 14 Amended Complaint,,, filed by TRUE THE VOTE, INC.. Related document: 14 Amended Complaint,,, filed by TRUE THE VOTE, INC..(Mitchell, Cleta) |
| Filing 19 REQUEST FOR SUMMONS TO ISSUE STEVEN T. MILLER, In His Official Capacity by TRUE THE VOTE, INC. re 14 Amended Complaint,,, filed by TRUE THE VOTE, INC.. Related document: 14 Amended Complaint,,, filed by TRUE THE VOTE, INC..(Mitchell, Cleta) |
| Filing 18 REQUEST FOR SUMMONS TO ISSUE SUSAN MALONEY, In Her Official Capacity by TRUE THE VOTE, INC. re 14 Amended Complaint,,, filed by TRUE THE VOTE, INC.. Related document: 14 Amended Complaint,,, filed by TRUE THE VOTE, INC..(Mitchell, Cleta) |
| Filing 17 REQUEST FOR SUMMONS TO ISSUE LOIS LERNER, In Her Official Capacity by TRUE THE VOTE, INC. re 14 Amended Complaint,,, filed by TRUE THE VOTE, INC.. Related document: 14 Amended Complaint,,, filed by TRUE THE VOTE, INC..(Mitchell, Cleta) |
| Filing 16 REQUEST FOR SUMMONS TO ISSUE JANINE L. ESTES, In Her Official Capacity by TRUE THE VOTE, INC. re 14 Amended Complaint,,, filed by TRUE THE VOTE, INC.. Related document: 14 Amended Complaint,,, filed by TRUE THE VOTE, INC..(Mitchell, Cleta) |
| Filing 15 REQUEST FOR SUMMONS TO ISSUE Ronald Bell, In His Official Capacity by TRUE THE VOTE, INC. re 14 Amended Complaint,,, filed by TRUE THE VOTE, INC.. Related document: 14 Amended Complaint,,, filed by TRUE THE VOTE, INC..(Mitchell, Cleta) |
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MINUTE ORDER terminating 12 Motion for Extension of Time to Answer. In light of the fact that the plaintiff has filed an amended complaint, it is ORDERED that the motion for extension of time to answer or otherwise respond to the plaintiff's original complaint is TERMINATED AS MOOT. Signed by Judge Reggie B. Walton on 7/23/2013. (lcrbw2)
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| Filing 14 First AMENDED COMPLAINT against RONALD BELL, JANINE L. ESTES, INTERNAL REVENUE SERVICE, LOIS LERNER, SUSAN MALONEY, STEVEN T. MILLER, FAYE NG, DOUGLAS H. SHULMAN, UNITED STATES OF AMERICA, UNKNOWN NAMED EMLPLOYEES OF INTERNAL REVENUE SERVICE, DANIEL WERFEL, WILLIAM WILKINS, HOLLY PAZ, CINDY M. THOMAS, STEVEN GRODNITZKY, DAVID FISH, MICHAEL SETO filed by TRUE THE VOTE, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Certificate of Service, # 10 Summons FISH, # 11 Summons GRODNITZKY, # 12 Summons PAZ, # 13 Summons SETO, # 14 Summons THOMAS, # 15 Summons WILKINS)(Mitchell, Cleta) Modified text to add first on 7/23/2013 (td, ). |
| Filing 13 NOTICE of Appearance by Joseph A. Sergi on behalf of INTERNAL REVENUE SERVICE, STEVEN T. MILLER, UNITED STATES OF AMERICA (Sergi, Joseph) |
| Filing 12 MOTION for Extension of Time to File Answer re 1 Complaint,, Motion and Memorandum of Law for Extension of Time to Respond to Complaint by UNITED STATES OF AMERICA (Attachments: # 1 Exhibit A - Belen Declaration, # 2 Exhibit B - Kane Declaration, # 3 Text of Proposed Order)(Hartt, Grover) |
| Filing 11 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/28/2013., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/22/2013. ( Answer due for ALL FEDERAL DEFENDANTS by 7/21/2013.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. RONALD BELL served on 6/5/2013, answer due 6/26/2013; JANINE L. ESTES served on 5/29/2013, answer due 6/19/2013; INTERNAL REVENUE SERVICE served on 5/28/2013, answer due 6/18/2013; LOIS LERNER served on 5/24/2013, answer due 6/14/2013; SUSAN MALONEY served on 5/23/2013, answer due 6/13/2013; STEVEN T. MILLER served on 5/22/2013, answer due 6/12/2013; FAYE NG served on 5/29/2013, answer due 6/19/2013; DOUGLAS H. SHULMAN served on 5/23/2013, answer due 6/13/2013; UNITED STATES OF AMERICA served on 5/28/2013, answer due 6/18/2013, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. RONALD BELL served on 6/5/2013, answer due 6/26/2013; JANINE L. ESTES served on 5/29/2013, answer due 6/19/2013; INTERNAL REVENUE SERVICE served on 5/28/2013, answer due 6/18/2013; LOIS LERNER served on 5/24/2013, answer due 6/14/2013; SUSAN MALONEY served on 5/23/2013, answer due 6/13/2013; STEVEN T. MILLER served on 5/22/2013, answer due 6/12/2013; FAYE NG served on 5/29/2013, answer due 6/19/2013; DOUGLAS H. SHULMAN served on 5/23/2013, answer due 6/13/2013; UNITED STATES OF AMERICA served on 5/28/2013, answer due 6/18/2013 (Phillips, Kaylan) |
| Filing 10 Electronic Summons (1) Issued as to FAYE NG., ELECTRONIC SUMMONS (1) REISSUED as to RONALD BELL (Attachments: # 1 summons)(td, ) |
| Filing 9 REQUEST FOR SUMMONS TO ISSUE Ronald Bell by TRUE THE VOTE, INC. re 1 Complaint,, filed by TRUE THE VOTE, INC.. Related document: 1 Complaint,, filed by TRUE THE VOTE, INC..(Mitchell, Cleta) |
| Filing 8 NOTICE Summons In A Civil Action for Faye Ng by TRUE THE VOTE, INC. re 1 Complaint,, (Mitchell, Cleta) |
|
MINUTE ORDER granting 2 Motion for Leave to Appear Pro Hac Vice; granting 3 Motion for Leave to Appear Pro Hac Vice; granting 4 Motion for Leave to Appear Pro Hac Vice; granting 5 Motion for Leave to Appear Pro Hac Vice. Upon consideration of the motions for leave to appear pro hac vice by John C. Eastman, Kaylan L. Phillips, Noel H. Johnson, and Zachary S. Kester, and finding good cause to grant the motions, the motions are hereby GRANTED. John C. Eastman, Kaylan L. Phillips, Noel H. Johnson, and Zachary S. Kester may appear and be heard in the above-captioned matter. Signed by Judge Reggie B. Walton on 5/22/2013. (lcrbw2)
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| Filing 7 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by TRUE THE VOTE, INC. (Mitchell, Cleta) |
| Filing 6 ELECTRONIC SUMMONS (8) Issued as to JANINE L. ESTES, INTERNAL REVENUE SERVICE, LOIS LERNER, SUSAN MALONEY, STEVEN T. MILLER, DOUGLAS H. SHULMAN, UNITED STATES OF AMERICA, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons)(sth) Modified on 5/23/2013 o add seal to 6-4 (rdj). |
| Filing 5 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Zachary S. Kester, :Firm- ActRight Legal Foundation, :Address- 209 W. Main Street, Plainfield, IN 46168. Phone No. - 317-203-5599. by TRUE THE VOTE, INC. (Mitchell, Cleta) |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Noel H. Johnson, :Firm- ActRight Legal Foundation, :Address- 209 W. Main Street, Plainfield, IN 46168. Phone No. - 317-203-5599. by TRUE THE VOTE, INC. (Mitchell, Cleta) |
| Filing 3 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kaylan L. Phillips, :Firm- ActRight Legal Foundation, :Address- 209 W. Main Street, Plainfield, IN 46168. Phone No. - 317-203-5599. by TRUE THE VOTE, INC. (Mitchell, Cleta) |
| Filing 2 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- John C. Eastman, :Firm- Claremont Institute's Center for Constitutional Jurisprudence, :Address- c/o Chapman University School of Law, One University Drive, Orange, CA 92866. Phone No. - 877-855-3330 X2. by TRUE THE VOTE, INC. (Mitchell, Cleta) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-3332389) filed by TRUE THE VOTE, INC.. (Attachments: # 1 Exhibit A: Timeline, # 2 Exhibit B: Form 1023 & Attach, # 3 Exhibit C: Request for Information 1, # 4 Exhibit D: Request for Information 2, # 5 Exhibit E: Request for Information 3, # 6 Exhibit F: TIGTA Report, # 7 Civil Cover Sheet, # 8 Summons Douglas H. Shulman, # 9 Summons Internal Revenue Service, # 10 Summons Janine L Estes, # 11 Summons Lois Lerner, # 12 Summons Steven T. Miller, # 13 Summons Susan Maloney, # 14 Summons USA, # 15 Summons Unknown Named Employees of the IRS, # 16 Summons US Attorney)(Mitchell, Cleta) |
| Case Assigned to Judge Reggie B. Walton. (sth) |
| SUMMONS Not Issued as to RONALD BELL, FAYE NG, UNKNOWN NAMED EMLPLOYEES OF INTERNAL REVENUE SERVICE (sth) |
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