Hohman v. Internal Revenue Service et al

Filing 23

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

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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 2

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