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Judicial Watch • JW v. IRS motion for status conf 01559

JW v. IRS motion for status conf 01559

JW v. IRS motion for status conf 01559

Page 1: JW v. IRS motion for status conf 01559

Category:IRS Scandal

Number of Pages:38

Date Created:June 27, 2014

Date Uploaded to the Library:August 25, 2015

Tags:lois lerner emails, Lois Lerner

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Case 1:13 cv- Document Filed 06/27/14 Page THE UNITED STATES DISTRICT URT TIIE DISTRICT COLUMBIA Action No.
Plaintiff Judicial Watch. counsel. respectfully moves for the Court hedule
status conference this matter. the recent, startling revelations regarding apparent
destruction IRS reco Plaintiffs rcqu I11 opportunity confer vith the Court soon
possible regarding the implicaf these developments the long standing requests for
records issue this wsuit. Pursuant Local Rule 7(n1), undersigned counsel acted
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,
Plaintiffstates follows:
IVIEIVIORANDUIVI LAVV May 2013. Plaintiff submitted four sepalrate requests under the Freedom
Information Act FOIA) for certain records the IRS. particular. one ofthe FOIA ught communications speci cally
former IRS official Lois Lerner with other IRS employees and with any government private
entity outside the IRS rcgarding the review and approval process for 501(c)(4) applicant
Case 1:13 01559-EGS Document Filed 06/27/14 Page
organizatio from ttnuary 3010 Ll1e present. second request sought communications for
the same time franie between [RS and members Congress, any othe eminent agencies
and any office the Executive Branch rega ding the review process organizations applying for
tax exempt status under 501(c)(4). Because IRS failed p10Vl(l nal (letennimtions with respect all four Since that time, IRS claims have begun searching and has finally begun
prodt ing records rolling basis. date, H{S has yet inform Plzlintifflfutid when complete its search for and production non-exempt, responsi records. Since Plaintiff requests and lawsuit, the Committee Ways and Means the
U.S. House ofReprescntati also requested that IRS produce emails. including those ofLois
Lemer. See Chaimian Camp Letter IRS Conmiissio dated Februzu 2014, attached
hereto Exhibit alarming public announcement June 13, 2014, IRS revealed attached
email that had lost untold number ofLois Lerne emails between Jtmu 2009 and April
11, 2011. The lost records speei eall nelnde responsive emails written from Lois Lerner
and individuals outside the IRS. See Defendant Letter dated June l3. 2014, attached hereto
Exhibi According reports the Committee. addition Lerncr emails, IRS
cannot produce records frorn six other IRS employees involved. who inelude Nll 0lE. Flax, then
Chief Stuff Steve Miller, who Was the Deputy Commi I161 the time the requested
Sue US. House Committee Ways and Means Rel dated June 14.
559-EGS Document Filed 06/27/14 Page
attached hereto Exli
Plaintiff FOIA requests and the orn1nittees request indisputably scck the same
emails ofLois Lerner and the other IRS officials, including Nikole Flax. from January 2010
the present. Despite the obvi relevance, IRS has still not notified the Court Plaintiff ofthe
destniction emails and whether the same issues relating production ofemails Lois Lerner the other six IRS ofti ils exist this law it. Plaintiff only learned ofthc destroyed records June I3, 2014. when the news media reported the stence ofIRS letter Con
the status the emails. See Exhibit revealed the arinotineenient niniittee, IRS rmed that first
knew the lost emails February 2014. Sac Exhibit This was during the same time frame
IRS made its first production ofrespon records Plaintiff this case February 26, 2014.
See IRS Status Update Report (ECF N0. 15). The timing these events reveals that the
discovery the supposedly lost einails wa. gered this laws However. IRS has still not
informed this Conn Plaintiff regarding the rni ing emu this litigation. April 30, 20] IRS submitted its Status Update the Court (ECF No. 15)
regarding its ongoing search and production this which vas after the discovery ofthe
in; records. Althou
IRS had knowledge oftlie Lois Lerner emails and ofthe other materially oniitted any mention the missing records its Status Update.
IRS material omission the Court regzii rig the ini records any point
since February 2014 raises serious concerns about the sufficiency ofthe search. preservation
records and IRS disclosure ofthe status ofit Even this day, IRS not explained its
actions regarding the lost emails and implication.
Case 1:13-cv-01559- Document Filed 06/27/14 Page of4
11. light this apparent tleslruc and IRS failure notify this Court material
information, Plaintif espectfully reque status rence soon possible discuss IRS
failure fulfill its duties this Court under the law, well other 1a111i catio11s the missing
records this lawsuit.
12. All counsel are available for status conference the weeks 0fJuly 2014 and July
14, 2014, except July July and July 14. Counsel may provide altemate additional.
mutually available dates the Conn requires.
WI-IEFORE, Plaiutiffrespectfully urt schedule status conference this
Dated: June 27, 2014 Respectfully submitted,
Ramona Cotca, D.C. BarNo. 501159
Judicial Watch, Inc. Third Street, SW, Suite 800 ington, 20024
02) 646 172
Attorneys for Plainti
Case 1:13 cv-Ol559 rnent 20-4 Filed 06/27/14 Page THE UNITED STATES DISTRICT TOURT THE DISTRICT COLUMBIA
Plain tiff;
Civil Action No, 13-1559-EGS
Upon consideration Judicial Watch Motion for -.1 Status Conference and the record
herein, hereby ORDERED that:
Judicial Watclfs Motion for Hearing GRANTED, and further ORDERED that status conference will held day 2014
U.S. Dist Coun Judge
Co: All counsel record
Case 1:13-cv O1559~EGS Document 20-1 Filed 06/27/14 Page
Case 1:13-cv 0l559-EGS Document 20-1 Filed 06/27/14 Page
tXoitg1tss [lit 1.1Ill[Ell,,5
.5. E-Inuit: ltLlttMl1tilllUE MITTLE WAYS ANU MlAl~
mm-Hun (llvlv Iit1tIlIl)M.
Iiiiigtuii, ;n5n
i...,W, iil_
Febrttary 24, 2014
The llenorzible John Koskinen
lntema] Revenue Service Constitution Avenue N.W.
Washington, D.C. 20224
Dear Commissioner Koskinen. writing tiemnnd ful llment document request made pursuant the
Committee Ways and Menus ongoing investigation IRS targeting ofpersons and
urganiz ions the name and policy position. has been aim teight months ner Werfel request,
anmng other thin all Lois Lerner e~n-tails stzutiug from Jnnui 2009. date, the
Committee has only these Lerner documents this period that include one
arch terms and limited the determinations process, Give emerging evidence
ofLerner tral role targeting not just through the cietennin ions prov: but also the (:)x