Microsoft Corporation v. Internal Revenue Service

Filing 35

ORDER granting the parties' 34 Consent Motion Regarding Case Schedule. The IRS to provide draft revised declarations by 6/24/2021. The IRS to provide draft revised Vaughn indices by 8/13/2021. The IRS to file its motion for summary judgment by 9/13/2021. Signed by Judge Ricardo S. Martinez. (PM)

HONORABLE RICARDO S. MARTINEZ

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

8
9
10

MICROSOFT CORPORATION,
NO. 2:15-cv-01605 RSM

11
12
13

Plaintiff,
vs.
INTERNAL REVENUE SERVICE,

14

Defendant.

15
16

MICROSOFT CORPORATION,
Plaintiff,

17
18
19
20

CONSENT MOTION AND ORDER
REGARDING CASE SCHEDULE

vs.
INTERNAL REVENUE SERVICE,
Defendant.

21
22

The above-captioned action is for declaratory and injunctive relief under the Freedom of

23

Information Act (“FOIA”), 5 U.S.C. § 552, as amended, and the Administrative Procedure Act, 5

24

U.S.C. § 701 et seq. The parties jointly request that the action remains open and that the Court

25
CONSENT MOTION TO EXTEND TIME AND ORDER
REGARDING CASE SCHEDULE
(Case Nos. 2:15-cv-1605)

U.S. Department of Justice, Tax Division
Ben Franklin Station , P.O. Box 227
Washington, D.C. 20044
202-616-9832 (Phone)
202-307-6866 (Fax)

1

approve the parties’ agreed upon, modified schedule set forth in paragraph 1, below. In support

2

of this request, the parties state the following:

3

1.

On March 29, 2021, the Court issued a case management order in which the Court

4

adopted the parties’ proposed schedule and case management order. Under that schedule, the IRS

5

was required to provide Microsoft with draft revised declarations by June 15, 2021. The IRS has

6

revised its declarations, however the IRS requests, and Microsoft consents, to extend by nine

7

days the deadline for transmitting the revised draft declarations to Microsoft. This additional

8

time is requested to permit adequate time for undersigned counsel for the IRS to provide

9

feedback on the draft revisions. Accordingly, the IRS requests that the Court adopt the following

10

revised schedule for both of the above-captioned cases:

11
SCHEDULE

12

Event
The IRS to provide draft revised declarations:

13
14

The IRS to provide draft revised Vaughn
indices:

15

The IRS to file its motion for summary
judgment:

16
17
18
19
20
21
22
23

2.

Date
June 24, 2021
August 13, 2021
September 13, 2021

Recognizing that the parties continue to engage in good faith negotiations, the

parties agree that evidence of the IRS’s efforts to address Microsoft’s concerns, including any
revisions to previously exchanged declarations or exemption claims, is not admissible to prove
that the IRS’s search was unreasonable or that the IRS’s exemption claims were improper.
3.

The parties jointly request that these actions remain open and that the Court enter

an order adopting the case schedule proposed in paragraph 1.
Respectfully submitted this 15th day of June, 2021.

24
25
CONSENT MOTION TO EXTEND TIME AND ORDER
REGARDING CASE SCHEDULE
(Case Nos. 2:15-cv-1605)

U.S. Department of Justice, Tax Division
Ben Franklin Station , P.O. Box 227
Washington, D.C. 20044
202-616-9832 (Phone)
202-307-6866 (Fax)

1
2
3
4
5
6
7
8

BAKER & McKENZIE LLP
By: s/ Daniel A. Rosen
Daniel A. Rosen, NYBA #2790442
Pro Hac Vice
452 Fifth Avenue
New York, NY 10018
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for Plaintiff Microsoft Corporation

9
10
11
12
13
14
15
16
17
18
19

U.S. DEPARTMENT OF JUSTICE
By:

s/ Richard J. Hagerman
Richard J. Hagerman
Trial Attorney, Tax Division
U.S. Department of Justice
Post Office Box 227
Washington, DC 20044
Tel: [phone]
Fax: [phone]
Email: [e-mail]

Attorney for Defendant Internal Revenue Service

20
21
22
23
24
25
CONSENT MOTION TO EXTEND TIME AND ORDER
REGARDING CASE SCHEDULE
(Case Nos. 2:15-cv-1605)

U.S. Department of Justice, Tax Division
Ben Franklin Station , P.O. Box 227
Washington, D.C. 20044
202-616-9832 (Phone)
202-307-6866 (Fax)

1
2
3

CERTIFICATE OF SERVICE
I certify that I served a true and correct copy of the foregoing JOINT MOTION via the
Court’s electronic case filing system on June 15, 2021.

4
5
6

/s Richard J. Hagerman
RICHARD J. HAGERMAN

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
CONSENT MOTION TO EXTEND TIME AND ORDER
REGARDING CASE SCHEDULE
(Case Nos. 2:15-cv-1605)

U.S. Department of Justice, Tax Division
Ben Franklin Station , P.O. Box 227
Washington, D.C. 20044
202-616-9832 (Phone)
202-307-6866 (Fax)

1

ORDER

2

It is SO ORDERED this 16th day of June, 2021.

3
4

A

5
6

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

7
8
9
10
11
12
13
14
15

Presented by:

BAKER & McKENZIE LLP
By: s/ Daniel A. Rosen
Daniel A. Rosen, NYBA #2790442
Pro Hac Vice
452 Fifth Avenue
New York, NY 10018
Tel: [phone]
Fax: [phone]
Email: [e-mail]

16
17

Attorney for Plaintiff Microsoft Corporation

18
19

U.S. DEPARTMENT OF JUSTICE

24

s/ Richard J. Hagerman
Richard J. Hagerman
Trial Attorney, Tax Division
U.S. Department of Justice
Post Office Box 227
Washington, DC 20044
Tel: [phone]
Fax: [phone]
Email: [e-mail]

25

Attorney for Defendant Internal Revenue Service

20
21
22
23

By:

CONSENT MOTION TO EXTEND TIME AND ORDER
REGARDING CASE SCHEDULE
(Case Nos. 2:15-cv-1605)

U.S. Department of Justice, Tax Division
Ben Franklin Station , P.O. Box 227
Washington, D.C. 20044
202-616-9832 (Phone)
202-307-6866 (Fax)