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Judicial Watch • Motion for Status Conference

Motion for Status Conference

Motion for Status Conference

Page 1: Motion for Status Conference

Category:IRS Scandal

Number of Pages:4

Date Created:June 27, 2014

Date Uploaded to the Library:June 27, 2014

Tags:lawsuit, motion, Emails, Lerner, FOIA, IRS

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Plaintiff, Civil Action No. 13-1559-EGS  
Plaintiff Judicial Watch, Inc., counsel, respectfully moves for the Court schedule status conference this matter. light the recent, startling revelations regarding apparent destruction IRS records, Plaintiffs request opportunity confer with the Court soon possible regarding the implications these developments the long standing requests for records issue this lawsuit.  Pursuant Local Rule 7(m), undersigned counsel contacted counsel for the Defendant Internal Revenue Service (IRS) June 26, 2014. date, counsel for the IRS has not responded with IRS final position Plaintiffs motion. grounds thereof, Plaintiff states follows: 
MEMORANDUM LAW May 2013, Plaintiff submitted four separate requests under the Freedom Information Act (FOIA) for certain records the IRS. particular, one the FOIA requests sought communications specifically former IRS official Lois Lerner with other IRS employees and with any government private entity outside the IRS regarding the review and approval process for 501(c)(4) applicant organizations from January 2010 the present. second request sought communications for the same time frame between IRS and members U.S. Congress, any other government agencies and any office the Executive Branch regarding the review process for organizations applying for tax exempt status under 501(c)(4). Because IRS failed provide final determinations with respect all four Plaintiffs FOIA requests within the statutory timeframe, Plaintiff initiated this lawsuit October 2013. Since that time, IRS claims have begun searching and has finally begun producing some records rolling basis. date, IRS has yet inform Plaintiff and when expects complete its search for and production non-exempt, responsive records. Since Plaintiffs requests and lawsuit, the Committee Ways and Means the U.S. House Representatives also requested that IRS produce emails, including those Lois Lerner.  See Chairman Camp Letter IRS Commissioner dated February 24, 2014, attached hereto Exhibit alarming public announcement June 13, 2014, IRS revealed attached email that had lost untold number Lois Lerners emails between January 2009 and April 11, 2011.  The lost records specifically include responsive emails written from Lois Lerner and individuals outside the IRS.  See Defendant Letter dated June 13, 2014, attached hereto Exhibit  According reports the Committee, addition Lois Lerners emails, IRS cannot produce records from six other IRS employees involved, who include Nikole Flax, then Chief Staff Steve Miller, who was the Deputy Commissioner the time the requested records.   See U.S. House Committee Ways and Means Press Release dated June 17, 2014, attached hereto Exhibit Plaintiffs FOIA requests and the Committees request indisputably seek the same emails Lois Lerner and the other IRS officials, including Nikole Flax, from January 2010 the present.  Despite the obvious relevance, IRS has still not notified the Court Plaintiff the destruction emails and whether the same issues relating production emails Lois Lerner the other six IRS officials exist this lawsuit.  Plaintiff only learned the destroyed records June 13, 2014, when the news media reported the existence IRSs letter Congress about the status the emails.  See Exhibit revealed the announcement the Committee, IRS confirmed that first knew the lost emails February 2014.  See Exhibit  This was during the same time frame IRS made its first production responsive records Plaintiff this case February 26, 2014.  See IRS Status Update Report (ECF No. 15).  The timing these events reveals that the discovery the supposedly lost emails was triggered this lawsuit.  However, IRS has still not informed this Court Plaintiff regarding the missing emails this litigation. April 30, 2014, IRS submitted its Status Update the Court (ECF No. 15) regarding its ongoing search and production this case, which was after the discovery the missing records. Although IRS had knowledge the missing Lois Lerner emails and the other IRS officials, materially omitted any mention the missing records its Status Update.      
10. IRS material omission the Court regarding the missing records any point since February 2014 raises serious concerns about the sufficiency the search, preservation records and IRS disclosure the status its search.  Even this day, IRS has not explained its actions regarding the lost emails and implications this lawsuit.     
11. light this apparent destruction and IRS failure notify this Court material information, Plaintiff respectfully requests status conference soon possible discuss IRSs failure fulfill its duties this Court under the law, well other ramifications the missing records this lawsuit. 
12. All counsel are available for status conference the weeks July 2014 and July 14, 2014, except July July and July 14.  Counsel may provide alternate additional, mutually available dates the Court requires.        
WHEFORE, Plaintiff respectfully moves this Court schedule status conference this matter.   
 Dated:  June 27, 2014   Respectfully submitted, 
/S/ Ramona Cotca                   
Ramona Cotca, D.C. Bar No. 501159 
Judicial Watch, Inc. 
425 Third Street, SW, Suite 800 
Washington,  20024 
(202) 646-5172 
Attorneys for Plaintiff