Hohman v. Internal Revenue Service et al

Filing 23

ORDER adopting 22 Report and Recommendation. Signed by District Judge Victoria A. Roberts. (DPer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Jodi Hohman,
CASE NUMBER: 16-13282
HONORABLE VICTORIA A. ROBERTS
MAGISTRATE JUDGE MAJZOUB

Plaintiff,
v.
Internal Revenue Service and Department
of the Treasury,
Defendant.
/

ORDER ADOPTING REPORT AND RECOMMENDATION
On December 18, 2017, Magistrate Judge Majzoub issued a Report and
Recommendation [Doc. 22], recommending that Defendants’ Motion for Summary
Judgment be GRANTED IN PART AND DENIED IN PART. Neither party filed
objections within the fourteen day period pursuant to Fed.R.Civ.P 72(b) and 28 U.S.C. §
636(b)(1). Accordingly, the Court adopts the Report and Recommendation.
Defendants’ motion is GRANTED IN PART AND DENIED IN PART, as follows:
1.

The Court substitutes the Treasury Inspector General for Tax
Administration (“TIGTA”) in the place of the Department of Treasury.

2.

Hohman’s FOIA claim against the IRS is DISMISSED AS MOOT, and the
IRS’s Motion for Summary Judgment is DENIED in this regard.

3.

TIGTA’s Motion for Summary Judgment on Hohman’s FOIA claim is
GRANTED with regard to whether the information was properly exempted
from disclosure under Exemption 7(C).

4.

TIGTA’s Motion for Summary Judgment on Hohman’s FOIA claim is

DENIED without prejudice on segregability grounds. TIGTA is directed to
produce a Vaughn index that describes each of the documents withheld
and the reasons why those documents are non-segregable in sufficient
detail to allow the court to make an independent assessment of its claims
for non-segregability.
5.

The IRS and TIGTA’s Motion for Summary Judgment on Plaintiff’s Privacy
Act Claim is GRANTED. Plaintiff’s Privacy Act claims are DISMISSED.

6.

Hohman is permitted to file a motion for attorney’s fees and costs against
Defendant IRS pursuant to 5 U.S.C. 552(a)(4). She must file such motion
on or before February 3, 2018.

IT IS ORDERED.
S/ Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: January 8, 2018
The undersigned certifies that a copy of this
document was served on the attorneys of
record by electronic means or U.S. Mail on
January 8, 2018.
S/Linda Vertriest
Deputy Clerk

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