Microsoft Corporation v. Internal Revenue Service
Filing
53
ORDER re Parties' 52 Stipulated MOTION for Extension of Time to File Plaintiff's Response to Defendant's Motion for Summary Judgment. The Court extends the deadline for Plaintiff to file its response an additional 32 days, up to and including 7/22/2022. Signed by Judge Ricardo S. Martinez. (SB)
Case 2:15-cv-01605-RSM Document 53 Filed 05/17/22 Page 1 of 5
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THE HONORABLE RICARDO S. MARTINEZ
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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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MICROSOFT CORPORATION,
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Plaintiff,
vs.
INTERNAL REVENUE SERVICE,
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Defendant.
NO. 2:15-cv-01605-RSM
STIPULATED MOTION AND ORDER
FOR EXTENSION OF TIME TO FILE
PLAINTIFF’S RESPONSE TO
DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT
NOTE ON MOTION CALENDAR:
May 12, 2022
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The above-captioned action is for declaratory and injunctive relief under the Freedom of
Information Act (“FOIA”), 5 U.S.C. § 552, as amended, and the Administrative Procedure Act,
5 U.S.C. § 701 et seq. On April 29, 2022, Defendant filed a Motion for Summary Judgment
(“Defendant’s Motion” or “Motion”) with a noting date of June 27, 2022. See Doc. 51. Under
Local Civil Rule 7(d), Plaintiff has until June 20, 2022, to file its response to Defendant’s Motion.
Given the broad scope of this matter, the numerous complex issues potentially subject to briefing,
and the breadth of Defendant’s Motion, its declarations, and exhibits, the parties stipulate to
Plaintiff’s request that the Court extend the deadline for Plaintiff to file its response an additional
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STIPULATED MOTION & ORDER FOR EXTENSION OF TIME
TO FILE PLTF’S RESPONSE TO DEF’S MOTION FOR
SUMMARY JUDGMENT – Page 1
(No. 2:15-cv-01605-RSM)
LAW OFFICES
CALFO EAKES LLP
1301 SECOND AVENUE, SUITE 2800
SEATTLE, WASHINGTON 98101
TEL (206) 407-2217 FAX, (206) 407-2278
Case 2:15-cv-01605-RSM Document 53 Filed 05/17/22 Page 2 of 5
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32 days, up to and including July 22, 2022. Plaintiff anticipates that this will be its only request
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to extend the deadline to file its response.1 In support of this request, the parties state the following:
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1.
For the last two years, the parties have worked together to narrow the issues before
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the Court and to resolve various matters without Court intervention. During that time, Defendant
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shared with Plaintiff certain draft declarations regarding Defendant’s search efforts and draft
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Vaughn indices. Plaintiff’s counsel provided detailed comments on those declarations and Vaughn
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indices in multiple emails to Defendant’s counsel and comprehensive letters dated November 30,
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2020, December 11, 2020, January 13, 2021, March 9, 2021, July 28, 2021, September 22, 2021,
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and November 10, 2021. In addition, Plaintiff’s counsel and Defendant’s counsel held several
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telephonic conferences regarding Plaintiff’s counsel’s comments.
2.
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Defendant’s response to Plaintiff’s comments included several letters, material
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edits to its search effort declarations, the release in full of additional records, and an expanded
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Vaughn index. In addition, while responding to certain issues raised by Plaintiff regarding
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Defendant’s draft Vaughn index, Defendant discovered that its draft Vaughn index was
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incomplete. As a result, Defendant recently added approximately 4,460 additional entries to its
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Vaughn index. Defendant has represented that it withheld from production approximately 13,000
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document pages in part, and 49,400 document pages in full.
3.
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On April 29, 2022, Defendant filed its Motion and supporting papers, totaling 691
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pages. Defendant claims exemptions from disclosure under 5 U.S.C. §§ 552(b)(2), (b)(3), (b)(4),
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(b)(5), (b)(7)(A), and (b)(7)(C). As part of its 5 U.S.C. §§ 552(b)(5) exemption claims, Defendant
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withheld documents under the deliberative process privilege, the attorney-client privilege, and the
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work product doctrine.
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Defendant also intends to make a request to extend its reply deadline to Plaintiff’s opposition. To ensure that an
extension request for the reply deadline is made only once, Defendant intends to wait until after Plaintiff has filed its
opposition to obtain a better estimate of the time needed to prepare its reply.
STIPULATED MOTION & ORDER FOR EXTENSION OF TIME
TO FILE PLTF’S RESPONSE TO DEF’S MOTION FOR
SUMMARY JUDGMENT – Page 2
(No. 2:15-cv-01605-RSM)
LAW OFFICES
CALFO EAKES LLP
1301 SECOND AVENUE, SUITE 2800
SEATTLE, WASHINGTON 98101
TEL (206) 407-2217 FAX, (206) 407-2278
Case 2:15-cv-01605-RSM Document 53 Filed 05/17/22 Page 3 of 5
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search efforts and exemption claims.
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Plaintiff requests additional time to fully evaluate Defendant’s Motion,
declarations, and exhibits (including its Vaughn index) to prepare its response.
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On April 29, 2022, Defendant also filed a Motion for Summary Judgment in the
parties’ related FOIA matter. See Dkt. 2:15-cv-00369 RSM, Doc. 63.
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Defendant’s Motion presents complex issues of fact and law regarding Defendant’s
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Accordingly, the parties stipulate to Plaintiff’s request that the Court extend the
deadline for Plaintiff to file its response an additional 32 days, up to and including July 22, 2022.
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DATED this 12th day of May, 2022.
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U.S. DEPARTMENT OF JUSTICE
CALFO EAKES LLP
By: s/ Stephen S. Ho
Stephen S. Ho
Trial Attorney, Tax Division
U.S. Department of Justice
Post Office Box 227
Washington, DC 20044
Tel: (202) 616-8994
Fax: (202) 514-6866
Email: stephen.s.ho@usdoj.gov
By: s/ Patricia A. Eakes
Patricia A. Eakes, WSBA #18888
1301 Second Avenue, Suite 2800
Seattle, WA 98101
Phone: (206) 407-2200
Email: pattye@calfoeakes.com
Attorney for Defendant Internal Revenue
Service
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BAKER & McKENZIE LLP
By: s/ Daniel A. Rosen
Daniel A. Rosen, NYBA #2790442
(pro hac vice)
452 Fifth Avenue
New York, NY 10018
Phone: (212) 626-4272
Email: daniel.rosen@bakermckenzie.com
Attorneys for Plaintiff Microsoft Corporation
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STIPULATED MOTION & ORDER FOR EXTENSION OF TIME
TO FILE PLTF’S RESPONSE TO DEF’S MOTION FOR
SUMMARY JUDGMENT – Page 3
(No. 2:15-cv-01605-RSM)
LAW OFFICES
CALFO EAKES LLP
1301 SECOND AVENUE, SUITE 2800
SEATTLE, WASHINGTON 98101
TEL (206) 407-2217 FAX, (206) 407-2278
Case 2:15-cv-01605-RSM Document 53 Filed 05/17/22 Page 4 of 5
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ORDER
IT IS SO ORDERED this 17th day of May, 2022.
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A
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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE
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Presented by:
CALFO EAKES LLP
By: s/ Patricia A. Eakes
Patricia A. Eakes, WSBA #18888
1301 Second Avenue, Suite 2800
Seattle, WA 98101
Phone: (206) 407-2200
Email: pattye@calfoeakes.com
BAKER & McKENZIE LLP
By: s/ Daniel A. Rosen
Daniel A. Rosen, NYBA #2790442
(pro hac vice)
452 Fifth Avenue
New York, NY 10018
Phone: (212) 626-4272
Email: daniel.rosen@bakermckenzie.com
Attorneys for Plaintiff Microsoft Corporation
U.S. DEPARTMENT OF JUSTICE
By: s/ Stephen S. Ho
Stephen S. Ho
Trial Attorney, Tax Division
STIPULATED MOTION & ORDER FOR EXTENSION OF TIME
TO FILE PLTF’S RESPONSE TO DEF’S MOTION FOR
SUMMARY JUDGMENT – Page 4
(No. 2:15-cv-01605-RSM)
LAW OFFICES
CALFO EAKES LLP
1301 SECOND AVENUE, SUITE 2800
SEATTLE, WASHINGTON 98101
TEL (206) 407-2217 FAX, (206) 407-2278
Case 2:15-cv-01605-RSM Document 53 Filed 05/17/22 Page 5 of 5
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U.S. Department of Justice
Post Office Box 227
Washington, DC 20044
Tel: (202) 616-8994
Email: stephen.s.ho@usdoj.gov
Attorney for Defendant Internal Revenue Service
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STIPULATED MOTION & ORDER FOR EXTENSION OF TIME
TO FILE PLTF’S RESPONSE TO DEF’S MOTION FOR
SUMMARY JUDGMENT – Page 5
(No. 2:15-cv-01605-RSM)
LAW OFFICES
CALFO EAKES LLP
1301 SECOND AVENUE, SUITE 2800
SEATTLE, WASHINGTON 98101
TEL (206) 407-2217 FAX, (206) 407-2278
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