Public.Resource.org v. United States Internal Revenue Service

Filing 83

MOTION for Extension of Time to File PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO MOVE TO RECOVER ATTORNEYS' FEES AND COSTS filed by Public.Resource.org. (Attachments: # 1 Declaration Declaration of Thomas R. Burke, # 2 Proposed Order)(Burke, Thomas) (Filed on 5/28/2015)

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THOMAS R. BURKE (CA State Bar No. 141930)
DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
RONALD G. LONDON (Pro Hac Vice)
DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Ave., N.W., Suite 800
Washington, DC 20006
Telephone: [phone]
Email: [e-mail]

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DAVIS WRIGHT TREMAINE LLP

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DAN LAIDMAN (CA State Bar No. 274482)
DAVIS WRIGHT TREMAINE LLP
865 South Figueroa Street, Suite 2400
Los Angeles, CA 90017-2566
Telephone:
[phone]
Email:
[e-mail]

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DAVID HALPERIN (Pro Hac Vice)
1530 P Street NW
Washington, DC 20005
Telephone:
[phone]
Email:
[e-mail]
Attorneys for Plaintiff Public.Resource.Org

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IN THE UNITED STATES DISTRICT COURT
THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
PUBLIC.RESOURCE.ORG., a California non- )
profit organization,
)
)
Plaintiff,
)
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v.
)
)
UNITED STATES INTERNAL REVENUE
)
SERVICE,
)
)
Defendant.
)
)

Case No. 13-cv-02789 WHO
PLAINTIFF’S MOTION FOR
EXTENSION OF TIME TO MOVE TO
RECOVER ATTORNEYS’ FEES AND
COSTS
[Local Rule 6-3]
[Declaration of Thomas R. Burke and
[Proposed] Order concurrently submitted]

Pursuant to Local Rule 6-3, Plaintiff Public.Resource.Org (“Public.Resource”) respectfully
requests that this Court once again extend its deadline to file a motion to recover its attorneys’ fees
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PLAINTIFF’S MOTION FOR EXTENSION OF TIME
Case No. 13-cv-02789-WHO

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and costs from the current deadline of June 5, 2015, until August 4, 2015. This extension is

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necessary because the parties require additional time to determine if they can resolve the fee issue

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informally without requiring motion practice.
This Court granted Public.Resource’s Motion for Summary Judgment and entered

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Judgment in its favor on January 29, 2015. See Dkt. ## 62-63. Public.Resource’s counsel

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promptly reached out to counsel for Defendant United States Internal Revenue Service (“IRS”)

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that same day to inform the IRS that Public.Resource intended to move to recover its attorneys’

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fees and costs pursuant to 5 U.S.C. § 552(a)(4)(E). See Declaration of Thomas R. Burke ¶ 3.

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Counsel for the IRS indicated that the government would consider an informal resolution of the

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DAVIS WRIGHT TREMAINE LLP

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fee issue, but that it did not yet have an answer. Id. Since that time, although Public.Resource’s

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counsel have even provided the IRS with detailed information about its fees and costs in order to

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facilitate a resolution, the IRS has not stated its position regarding the fees request. Id. ¶ 6. As of

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May 28, 2015, the IRS has indicated that it is still considering agreeing to an informal resolution

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of Public.Resource’s fee request, but it still does not yet have an answer. Id. ¶ 8.

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This Court has previously granted four stipulations extending Public.Resource’s deadline

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to file a fee motion, and the current deadline is June 5, 2015. See Dkt. ## 66, 68, 72, 79.1

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Public.Resource believes that in light of the IRS’ position, a further extension of 60 days is

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required in order to determine if the fee issue can be resolved without Public.Resource having to

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file a motion. See Burke Decl. ¶ 9. However, the IRS’ counsel has indicated that the individual

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whose approval is needed to stipulate to a further extension is unavailable until June 1, 2015. Id. ¶

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8. Because it is currently facing a June 5, 2015 deadline to file its fee motion, Public.Resource is

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unable to wait for the IRS to agree to another stipulation in order to seek an extension, and in an

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abundance of caution, it is bringing this Motion pursuant to Local Rule 6-3. Id. ¶ 9.

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The Court has also extended the IRS’ deadline to produce the records at issue in this
litigation, and the IRS has moved for a further stay of this deadline. See Dkt. ## 72, 80.
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PLAINTIFF’S MOTION FOR EXTENSION OF TIME
Case No. 13-cv-02789-WHO

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For all of these reasons, Public.Resource respectfully requests that the Court extend its

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deadline to file a motion to recover its attorneys’ fees and costs from the current deadline of June

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5, 2015, until August 4, 2015.

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DATED this 28th day of March, 2015.
DAVIS WRIGHT TREMAINE LLP

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By: /s/ Thomas R. Burke
THOMAS R. BURKE
Attorneys for Plaintiff Public.Resource.Org

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DAVIS WRIGHT TREMAINE LLP

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PLAINTIFF’S MOTION FOR EXTENSION OF TIME
Case No. 13-cv-02789-WHO