Case: True the Vote, Inc. v. Internal Revenue Service

1:13-cv-00734 | U.S. District Court for the District of District of Columbia

Filed Date: May 21, 2013

Case Ongoing

Clearinghouse coding complete

Case Summary

The case arose from the IRS’s years-long delay in processing a non-profit’s application for recognition as a tax-exempt organization. On May 21, 2013, True the Vote—a Texas-based nonprofit organization focused on elections—filed suit against the Internal Revenue Service, the United States, and a number of IRS officials. Represented by the ActRight Legal Foundation, the Center for Constitutional Jurisprudence at Chapman University School of Law, and private counsel, the plaintiffs sued in the U.…

The case arose from the IRS’s years-long delay in processing a non-profit’s application for recognition as a tax-exempt organization.

On May 21, 2013, True the Vote—a Texas-based nonprofit organization focused on elections—filed suit against the Internal Revenue Service, the United States, and a number of IRS officials. Represented by the ActRight Legal Foundation, the Center for Constitutional Jurisprudence at Chapman University School of Law, and private counsel, the plaintiffs sued in the U.S. District Court for the District of Columbia, where the case was assigned to District Judge Reggie B. Walton. True the Vote (“TTV”) alleged that it had filed its application for tax-exempt status in July 2010, but that the IRS had neither approved nor formally denied it nearly three years later. Instead, per TTV, IRS employees had deliberately delayed the approval process for discriminatory and political reasons, in violation of the U.S. Constitution’s First Amendment. TTV also claimed the IRS violated 26 U.S.C. § 6103 (a law prohibiting federal employees for inspecting tax returns for unauthorized reasons).

TTV alleged that this heightened review was part of a broader IRS “targeting scheme,” under which employees flagged applicants associated with conservative political views—including organizations with names referencing the “Tea Party,” “patriot,” or “liberty”—for additional scrutiny. According to TTV, this scheme resulted in the group’s application being routed through an abnormal, multi-tier review process, with directives to delay adjudication indefinitely. Over a period of nearly two years, IRS officials allegedly issued multiple and redundant requests for information, demanding documents and disclosures that plaintiff contended were irrelevant to any legitimate tax-exemption determination—such as the identities of volunteers, transcripts of speeches, membership affiliations, and Internet usernames and passwords. TTV claimed these requests were intended to chill the organization’s political speech and deter public support.

In its original complaint, TTV sought declaratory judgment recognizing its tax-exempt status under § 501(c)(3); an injunction under Ex Parte Young preventing future constitutional violations by the IRS; actual and punitive damages under Bivens for alleged violations of the First Amendment; and statutory damages for unlawful inspection of confidential taxpayer information. Two months later, on July 22, 2013, the TTV filed a First Amended Complaint. The amended complaint expanded the list of named IRS employees from seven to fifteen, and elaborated on TTV’s factual allegations.

In September 2013—after the lawsuit was filed—the IRS formally approved TTV’s application for tax-exempt status. The United States then moved to dismiss the case in full. In an opinion issued on October 23, 2014, the district court granted the motions to dismiss. The court dismissed plaintiff’s request for declaratory and injunctive relief as moot, reasoning that because the IRS had granted the requested tax exemption, there was no ongoing controversy. The court also dismissed the statutory claims under § 6103, finding that the complaint failed to allege specific, unauthorized “inspections” of return information. Finally, the court dismissed the Bivens claims against individual IRS employees, holding that no cause of action was available in this context due to the comprehensive remedial scheme already provided by the Internal Revenue Code. 71 F.Supp.3d 219.

TTV appealed to the U.S. Court of Appeals for the D.C. Circuit. The D.C. Circuit consolidated this case with another case, Linchpins of Liberty v. United States, in which another non-profit made similar allegations against the IRS. On August 5, 2016, the D.C. Circuit affirmed in part and reversed in part. Writing for the panel, Judge Sentelle agreed with the district court that the Bivens claims could not proceed and that the § 6103 allegations were too conclusory to survive dismissal. However, the panel reversed the district court’s dismissal of TTV’s claims for declaratory and injunctive relief. The panel reasoned that those claims were not moot because the IRS could, at any time, resume its purported unlawful conduct. 831 F.3d 551.

TTV asked the US Supreme Court to hear the case, but it denied the request on February 21, 2017. The case then returned to the district court. On January 21, 2018, the parties entered into a consent order resolving the case. Although the IRS did not admit liability, it agreed to the entry of a declaratory judgment confirming that scrutinizing tax-exempt applicants on the basis of political affiliation was unlawful. The IRS also affirmed that it had provided relevant training to employees and revised its internal procedures.

Following entry of the consent order, the parties litigated over attorneys’ fees for several years. On August 20, 2023, the district court awarded TTV $788,539.30 in attorneys’ fees under the Equal Access to Justice Act. 2023 WL 6164045.

As of May 2025, the case is still ongoing due to issues resolving the payment of attorneys' fees.

Summary Authors

Gordon Pignato (5/9/2025)

Related Cases

Linchpins of Liberty v. United States of America, District of District of Columbia (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4212012/parties/true-the-vote-inc-v-internal-revenue-service/


Judge(s)
Attorney for Plaintiff

Akers, Brock Cordt (District of Columbia)

Attorney, Mathew D.

Attorney for Defendant

Attorney, Geoffrey Klimas, (District of Columbia)

Expert/Monitor/Master/Other

Atkins, Alden Lewis (District of Columbia)

Attorney, James Bopp, (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:13-cv-00734

Verified Complaint for Declaratory Judgment, Declaratory and Injunctive Relief and Damages

True The Vote, INC. v. Internal Revenue Service

May 21, 2013

May 21, 2013

Complaint
1-1

1:13-cv-00734

Exhibit A: Timeline

True The Vote, INC. v. Internal Revenue Service

May 21, 2013

May 21, 2013

Other
14

1:13-cv-00734

First Amended Verified Complaint for Declaratory Judgment, Injunctive Relief, and Compensatory, Statutory, and Punitive Damages

True The Vote, INC. v. Internal Revenue Service

July 22, 2013

July 22, 2013

Complaint
102

1:13-cv-00734

Order

Oct. 23, 2014

Oct. 23, 2014

Order/Opinion

71 F.Supp.3d 219

1207842450

14-05316

Opinion

U.S. Court of Appeals for the District of Columbia Circuit

Aug. 5, 2016

Aug. 5, 2016

Order/Opinion

831 F.3d 551

149-1

1:13-cv-00734

Consent Order

True The Vote, INC. v. Internal Revenue Service

Jan. 16, 2018

Jan. 16, 2018

Order/Opinion
149

1:13-cv-00734

Joint Motion for Approval of Proposed Consent Order

True The Vote, INC. v. Internal Revenue Service

Jan. 16, 2018

Jan. 16, 2018

Pleading / Motion / Brief
150

1:13-cv-00734

Consent Order

True The Vote, INC. v. Internal Revenue Service

Jan. 21, 2018

Jan. 21, 2018

Order/Opinion
162

1:13-cv-00734

Memorandum Opinion

May 30, 2019

May 30, 2019

Order/Opinion

2019 WL 2304659

184

1:13-cv-00734

Memorandum Opinion

Sept. 23, 2020

Sept. 23, 2020

Order/Opinion

2020 WL 5656694

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4212012/true-the-vote-inc-v-internal-revenue-service/

Last updated July 9, 2025, 5:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-3332389) filed by TRUE THE VOTE, INC.. (Attachments: # 1 Exhibit A: Timeline, # 2 Exhibit B: Form 1023 & Attach, # 3 Exhibit C: Request for Information 1, # 4 Exhibit D: Request for Information 2, # 5 Exhibit E: Request for Information 3, # 6 Exhibit F: TIGTA Report, # 7 Civil Cover Sheet, # 8 Summons Douglas H. Shulman, # 9 Summons Internal Revenue Service, # 10 Summons Janine L Estes, # 11 Summons Lois Lerner, # 12 Summons Steven T. Miller, # 13 Summons Susan Maloney, # 14 Summons USA, # 15 Summons Unknown Named Employees of the IRS, # 16 Summons US Attorney)(Mitchell, Cleta) (Entered: 05/21/2013)

1 Exhibit A: Timeline

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2 Exhibit B: Form 1023 & Attach

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3 Exhibit C: Request for Information 1

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4 Exhibit D: Request for Information 2

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5 Exhibit E: Request for Information 3

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6 Exhibit F: TIGTA Report

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7 Civil Cover Sheet

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8 Summons Douglas H. Shulman

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9 Summons Internal Revenue Service

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10 Summons Janine L Estes

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11 Summons Lois Lerner

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12 Summons Steven T. Miller

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13 Summons Susan Maloney

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14 Summons USA

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15 Summons Unknown Named Employees of the IRS

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16 Summons US Attorney

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May 21, 2013

May 21, 2013

Clearinghouse
2

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- John C. Eastman, :Firm- Claremont Institute's Center for Constitutional Jurisprudence, :Address- c/o Chapman University School of Law, One University Drive, Orange, CA 92866. Phone No. - 877-855-3330 X2. by TRUE THE VOTE, INC. (Mitchell, Cleta) (Entered: 05/21/2013)

May 21, 2013

May 21, 2013

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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kaylan L. Phillips, :Firm- ActRight Legal Foundation, :Address- 209 W. Main Street, Plainfield, IN 46168. Phone No. - 317-203-5599. by TRUE THE VOTE, INC. (Mitchell, Cleta) (Entered: 05/21/2013)

May 21, 2013

May 21, 2013

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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Noel H. Johnson, :Firm- ActRight Legal Foundation, :Address- 209 W. Main Street, Plainfield, IN 46168. Phone No. - 317-203-5599. by TRUE THE VOTE, INC. (Mitchell, Cleta) (Entered: 05/21/2013)

May 21, 2013

May 21, 2013

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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Zachary S. Kester, :Firm- ActRight Legal Foundation, :Address- 209 W. Main Street, Plainfield, IN 46168. Phone No. - 317-203-5599. by TRUE THE VOTE, INC. (Mitchell, Cleta) (Entered: 05/21/2013)

May 21, 2013

May 21, 2013

RECAP

Case Assigned to Judge Reggie B. Walton. (sth)

May 21, 2013

May 21, 2013

PACER

SUMMONS Not Issued as to RONALD BELL, FAYE NG, UNKNOWN NAMED EMLPLOYEES OF INTERNAL REVENUE SERVICE (sth)

May 21, 2013

May 21, 2013

PACER
6

ELECTRONIC SUMMONS (8) Issued as to JANINE L. ESTES, INTERNAL REVENUE SERVICE, LOIS LERNER, SUSAN MALONEY, STEVEN T. MILLER, DOUGLAS H. SHULMAN, UNITED STATES OF AMERICA, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons)(sth) Modified on 5/23/2013 o add seal to 6-4 (rdj). (Entered: 05/21/2013)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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May 21, 2013

May 21, 2013

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LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by TRUE THE VOTE, INC. (Mitchell, Cleta) (Entered: 05/21/2013)

May 21, 2013

May 21, 2013

RECAP

MINUTE ORDER granting 2 Motion for Leave to Appear Pro Hac Vice; granting 3 Motion for Leave to Appear Pro Hac Vice; granting 4 Motion for Leave to Appear Pro Hac Vice; granting 5 Motion for Leave to Appear Pro Hac Vice. Upon consideration of the motions for leave to appear pro hac vice by John C. Eastman, Kaylan L. Phillips, Noel H. Johnson, and Zachary S. Kester, and finding good cause to grant the motions, the motions are hereby GRANTED. John C. Eastman, Kaylan L. Phillips, Noel H. Johnson, and Zachary S. Kester may appear and be heard in the above-captioned matter. Signed by Judge Reggie B. Walton on 5/22/2013. (lcrbw2)

May 22, 2013

May 22, 2013

PACER
8

NOTICE Summons In A Civil Action for Faye Ng by TRUE THE VOTE, INC. re 1 Complaint,, (Mitchell, Cleta) (Entered: 05/22/2013)

May 22, 2013

May 22, 2013

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9

REQUEST FOR SUMMONS TO ISSUE Ronald Bell by TRUE THE VOTE, INC. re 1 Complaint,, filed by TRUE THE VOTE, INC.. Related document: 1 Complaint,, filed by TRUE THE VOTE, INC..(Mitchell, Cleta) (Entered: 05/23/2013)

May 23, 2013

May 23, 2013

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10

Electronic Summons (1) Issued as to FAYE NG., ELECTRONIC SUMMONS (1) REISSUED as to RONALD BELL (Attachments: # 1 summons)(td, ) (Entered: 05/23/2013)

1 summons

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May 23, 2013

May 23, 2013

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11

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/28/2013., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/22/2013. ( Answer due for ALL FEDERAL DEFENDANTS by 7/21/2013.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. RONALD BELL served on 6/5/2013, answer due 6/26/2013; JANINE L. ESTES served on 5/29/2013, answer due 6/19/2013; INTERNAL REVENUE SERVICE served on 5/28/2013, answer due 6/18/2013; LOIS LERNER served on 5/24/2013, answer due 6/14/2013; SUSAN MALONEY served on 5/23/2013, answer due 6/13/2013; STEVEN T. MILLER served on 5/22/2013, answer due 6/12/2013; FAYE NG served on 5/29/2013, answer due 6/19/2013; DOUGLAS H. SHULMAN served on 5/23/2013, answer due 6/13/2013; UNITED STATES OF AMERICA served on 5/28/2013, answer due 6/18/2013, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. RONALD BELL served on 6/5/2013, answer due 6/26/2013; JANINE L. ESTES served on 5/29/2013, answer due 6/19/2013; INTERNAL REVENUE SERVICE served on 5/28/2013, answer due 6/18/2013; LOIS LERNER served on 5/24/2013, answer due 6/14/2013; SUSAN MALONEY served on 5/23/2013, answer due 6/13/2013; STEVEN T. MILLER served on 5/22/2013, answer due 6/12/2013; FAYE NG served on 5/29/2013, answer due 6/19/2013; DOUGLAS H. SHULMAN served on 5/23/2013, answer due 6/13/2013; UNITED STATES OF AMERICA served on 5/28/2013, answer due 6/18/2013 (Phillips, Kaylan) (Entered: 06/20/2013)

June 20, 2013

June 20, 2013

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12

MOTION for Extension of Time to File Answer re 1 Complaint,, Motion and Memorandum of Law for Extension of Time to Respond to Complaint by UNITED STATES OF AMERICA (Attachments: # 1 Exhibit A - Belen Declaration, # 2 Exhibit B - Kane Declaration, # 3 Text of Proposed Order)(Hartt, Grover) (Entered: 07/16/2013)

1 Exhibit A - Belen Declaration

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2 Exhibit B - Kane Declaration

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3 Text of Proposed Order

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July 16, 2013

July 16, 2013

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13

NOTICE of Appearance by Joseph A. Sergi on behalf of INTERNAL REVENUE SERVICE, STEVEN T. MILLER, UNITED STATES OF AMERICA (Sergi, Joseph) (Entered: 07/17/2013)

July 17, 2013

July 17, 2013

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14

First AMENDED COMPLAINT against RONALD BELL, JANINE L. ESTES, INTERNAL REVENUE SERVICE, LOIS LERNER, SUSAN MALONEY, STEVEN T. MILLER, FAYE NG, DOUGLAS H. SHULMAN, UNITED STATES OF AMERICA, UNKNOWN NAMED EMLPLOYEES OF INTERNAL REVENUE SERVICE, DANIEL WERFEL, WILLIAM WILKINS, HOLLY PAZ, CINDY M. THOMAS, STEVEN GRODNITZKY, DAVID FISH, MICHAEL SETO filed by TRUE THE VOTE, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Certificate of Service, # 10 Summons FISH, # 11 Summons GRODNITZKY, # 12 Summons PAZ, # 13 Summons SETO, # 14 Summons THOMAS, # 15 Summons WILKINS)(Mitchell, Cleta) Modified text to add first on 7/23/2013 (td, ). (Entered: 07/22/2013)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Certificate of Service

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10 Summons FISH

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11 Summons GRODNITZKY

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12 Summons PAZ

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13 Summons SETO

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14 Summons THOMAS

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15 Summons WILKINS

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July 22, 2013

July 22, 2013

Clearinghouse
15

REQUEST FOR SUMMONS TO ISSUE Ronald Bell, In His Official Capacity by TRUE THE VOTE, INC. re 14 Amended Complaint,,, filed by TRUE THE VOTE, INC.. Related document: 14 Amended Complaint,,, filed by TRUE THE VOTE, INC..(Mitchell, Cleta) (Entered: 07/23/2013)

July 23, 2013

July 23, 2013

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REQUEST FOR SUMMONS TO ISSUE JANINE L. ESTES, In Her Official Capacity by TRUE THE VOTE, INC. re 14 Amended Complaint,,, filed by TRUE THE VOTE, INC.. Related document: 14 Amended Complaint,,, filed by TRUE THE VOTE, INC..(Mitchell, Cleta) (Entered: 07/23/2013)

July 23, 2013

July 23, 2013

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17

REQUEST FOR SUMMONS TO ISSUE LOIS LERNER, In Her Official Capacity by TRUE THE VOTE, INC. re 14 Amended Complaint,,, filed by TRUE THE VOTE, INC.. Related document: 14 Amended Complaint,,, filed by TRUE THE VOTE, INC..(Mitchell, Cleta) (Entered: 07/23/2013)

July 23, 2013

July 23, 2013

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REQUEST FOR SUMMONS TO ISSUE SUSAN MALONEY, In Her Official Capacity by TRUE THE VOTE, INC. re 14 Amended Complaint,,, filed by TRUE THE VOTE, INC.. Related document: 14 Amended Complaint,,, filed by TRUE THE VOTE, INC..(Mitchell, Cleta) (Entered: 07/23/2013)

July 23, 2013

July 23, 2013

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19

REQUEST FOR SUMMONS TO ISSUE STEVEN T. MILLER, In His Official Capacity by TRUE THE VOTE, INC. re 14 Amended Complaint,,, filed by TRUE THE VOTE, INC.. Related document: 14 Amended Complaint,,, filed by TRUE THE VOTE, INC..(Mitchell, Cleta) (Entered: 07/23/2013)

July 23, 2013

July 23, 2013

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20

REQUEST FOR SUMMONS TO ISSUE FAYE NG, In Her Official Capacity by TRUE THE VOTE, INC. re 14 Amended Complaint,,, filed by TRUE THE VOTE, INC.. Related document: 14 Amended Complaint,,, filed by TRUE THE VOTE, INC..(Mitchell, Cleta) (Entered: 07/23/2013)

July 23, 2013

July 23, 2013

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21

REQUEST FOR SUMMONS TO ISSUE DOUGLAS H. SHULMAN, In His Official Capacity by TRUE THE VOTE, INC. re 14 Amended Complaint,,, filed by TRUE THE VOTE, INC.. Related document: 14 Amended Complaint,,, filed by TRUE THE VOTE, INC..(Mitchell, Cleta) (Entered: 07/23/2013)

July 23, 2013

July 23, 2013

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22

REQUEST FOR SUMMONS TO ISSUE UNKNOWN NAMED EMPLOYEES OF THE INTERNAL REVENUE SERVICE, In Their Official Capacities by TRUE THE VOTE, INC. re 14 Amended Complaint,,, filed by TRUE THE VOTE, INC.. Related document: 14 Amended Complaint,,, filed by TRUE THE VOTE, INC..(Mitchell, Cleta) (Entered: 07/23/2013)

July 23, 2013

July 23, 2013

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MINUTE ORDER terminating 12 Motion for Extension of Time to Answer. In light of the fact that the plaintiff has filed an amended complaint, it is ORDERED that the motion for extension of time to answer or otherwise respond to the plaintiff's original complaint is TERMINATED AS MOOT. Signed by Judge Reggie B. Walton on 7/23/2013. (lcrbw2)

July 23, 2013

July 23, 2013

PACER

NOTICE OF ERROR re 22 Request for Summons to Issue; emailed to cmitchell@foley.com, cc'd 12 associated attorneys -- The PDF file you docketed contained errors: 1. Can not issue summonses to unknown parties. (td, )

July 24, 2013

July 24, 2013

PACER
23

Electronic Summons (7) Issued, in official capacities, as to RONALD BELL, JANINE L. ESTES, LOIS LERNER, SUSAN MALONEY, STEVEN T. MILLER, FAYE NG, DOUGLAS H. SHULMAN. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(td, ) Modified text on 7/24/2013 (td, ). (Entered: 07/24/2013)

1 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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July 24, 2013

July 24, 2013

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Electronic Summons (6) Issued as to DAVID FISH, STEVEN GRODNITZKY, HOLLY PAZ, MICHAEL SETO, CINDY M. THOMAS, WILLIAM WILKINS. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(td, ) (Entered: 07/24/2013)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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July 24, 2013

July 24, 2013

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MOTION for Extension of Time to File Answer re 14 Amended Complaint,,, Renewed Motion and Memorandum of Law for Extension of Time to Respond to First Amended Complaint by UNITED STATES OF AMERICA (Attachments: # 1 Exhibit A - Second Declaration of Christopher D. Belen, # 2 Exhibit B - Declaration of Thomas J. Kane, # 3 Text of Proposed Order)(Hartt, Grover) (Entered: 08/02/2013)

1 Exhibit A - Second Declaration of Christopher D. Belen

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2 Exhibit B - Declaration of Thomas J. Kane

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3 Text of Proposed Order

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Aug. 2, 2013

Aug. 2, 2013

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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael J. Lockerby, :Firm- Foley & Lardner LLP, :Address- 3000 K Street, N.W., Suite 600, Washington, D.C. 20007. Phone No. - 202-045-6079. Fax No. - 202-672-5399 by TRUE THE VOTE, INC. (Attachments: # 1 Affidavit (Affidavit of Michael J. Lockerby), # 2 Certificate of Service)(Mitchell, Cleta) (Entered: 08/05/2013)

1 Affidavit (Affidavit of Michael J. Lockerby)

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2 Certificate of Service

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Aug. 5, 2013

Aug. 5, 2013

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REQUEST FOR SUMMONS TO ISSUE for Defendant David Fish in His Official Capacity by TRUE THE VOTE, INC. filed by TRUE THE VOTE, INC..(Phillips, Kaylan) (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

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REQUEST FOR SUMMONS TO ISSUE for Defendant Steven Grodnitzky in His Official Capacity by TRUE THE VOTE, INC. filed by TRUE THE VOTE, INC..(Phillips, Kaylan) (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

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REQUEST FOR SUMMONS TO ISSUE for Defendant Holly Paz in Her Official Capacity by TRUE THE VOTE, INC. filed by TRUE THE VOTE, INC..(Phillips, Kaylan) (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

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REQUEST FOR SUMMONS TO ISSUE for Defendant Michael C. Seto in His Official Capacity by TRUE THE VOTE, INC. filed by TRUE THE VOTE, INC..(Phillips, Kaylan) (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

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REQUEST FOR SUMMONS TO ISSUE for Defendant Cindy M. Thomas in Her Official Capacity by TRUE THE VOTE, INC. filed by TRUE THE VOTE, INC..(Phillips, Kaylan) (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

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REQUEST FOR SUMMONS TO ISSUE for Defendant William Wilkins in His Official Capacity by TRUE THE VOTE, INC. filed by TRUE THE VOTE, INC..(Phillips, Kaylan) (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

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REQUEST FOR SUMMONS TO ISSUE for Defendant Daniel Werfel in His Official Capacity by TRUE THE VOTE, INC. filed by TRUE THE VOTE, INC..(Phillips, Kaylan) (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

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34

Electronic Summons Issued as to CINDY M. THOMAS, in her official capacity. (td, ) (Entered: 08/14/2013)

Aug. 14, 2013

Aug. 14, 2013

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Electronic Summons Issued as to DAVID FISH, in his official capacity. (td, ) (Entered: 08/14/2013)

Aug. 14, 2013

Aug. 14, 2013

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Electronic Summons Issued as to STEVEN GRODNITZKY, in his official capacity. (td, ) (Entered: 08/14/2013)

Aug. 14, 2013

Aug. 14, 2013

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Electronic Summons Issued as to HOLLY PAZ, in her official capacity. (td, ) (Entered: 08/14/2013)

Aug. 14, 2013

Aug. 14, 2013

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Electronic Summons Issued as to MICHAEL SETO, in his official capacity. (td, ) (Entered: 08/14/2013)

Aug. 14, 2013

Aug. 14, 2013

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Electronic Summons Issued as to WILLIAM WILKINS, in his official capacity. (td, ) (Entered: 08/14/2013)

Aug. 14, 2013

Aug. 14, 2013

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Electronic Summons Issued as to DANIEL WERFEL, in his official capacity. (td, ) (Entered: 08/14/2013)

Aug. 14, 2013

Aug. 14, 2013

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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DAVID FISH served on 7/25/2013; STEVEN GRODNITZKY served on 7/29/2013; HOLLY PAZ served on 7/29/2013; MICHAEL SETO served on 7/25/2013; DANIEL WERFEL served on 8/14/2013, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DAVID FISH served on 7/25/2013; STEVEN GRODNITZKY served on 7/29/2013; HOLLY PAZ served on 7/29/2013; MICHAEL SETO served on 7/25/2013; DANIEL WERFEL served on 8/14/2013 (Phillips, Kaylan) (Entered: 08/15/2013)

Aug. 15, 2013

Aug. 15, 2013

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RESPONSE re 25 MOTION for Extension of Time to File Answer re 14 Amended Complaint,,, Renewed Motion and Memorandum of Law for Extension of Time to Respond to First Amended Complaint filed by TRUE THE VOTE, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mitchell, Cleta) (Entered: 08/16/2013)

1 Exhibit A

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2 Exhibit B

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Aug. 16, 2013

Aug. 16, 2013

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NOTICE Suggestion of Incapacity of David Fish by UNITED STATES OF AMERICA (Hartt, Grover) (Entered: 08/27/2013)

Aug. 27, 2013

Aug. 27, 2013

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44

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Matthew D. Gutierrez, :Firm- Foley & Lardner LLP, :Address- One Biscayne Tower, 2 South Biscayne Boulevard, Ste. 1900, Miami, FL 33131. Phone No. - 305-482-8417. Fax No. - 305-482-8600 by TRUE THE VOTE, INC. (Attachments: # 1 Declaration, # 2 Certificate of Service)(Mitchell, Cleta) (Entered: 08/28/2013)

1 Declaration

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2 Certificate of Service

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Aug. 28, 2013

Aug. 28, 2013

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45

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- William E. Davis, :Firm- Foley & Lardner LLP, :Address- One Biscayne Tower, 2 South Biscayne Boulevard, Suite 1900, Miami, FL 33131. Phone No. - 305-482-8404. Fax No. - 305-482-8600 by TRUE THE VOTE, INC. (Attachments: # 1 Declaration, # 2 Certificate of Service)(Mitchell, Cleta) (Entered: 08/28/2013)

1 Declaration

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2 Certificate of Service

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Aug. 28, 2013

Aug. 28, 2013

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MINUTE ORDER granting 25 Motion for Extension of Time to Answer. For good cause shown, it is ORDERED that the motion for an extension of time is GRANTED nunc pro tunc to August 5, 2013. The defendants shall answer or otherwise respond to the plaintiff's amended complaint on or before September 20, 2013. Signed by Judge Reggie B. Walton on 8/29/2013. (lcrbw2)

Aug. 29, 2013

Aug. 29, 2013

PACER

MINUTE ORDER denying 26 Motion for Leave to Appear Pro Hac Vice. It appearing to the Court from the motion that attorney Michael J. Lockerby is "[a]n attorney who engages in the practice of law from an office located in the District of Columbia" and is thus ineligible for admission pro hac vice under this Court's Local Rules, see Local Civ. R. 83.2(c)(2), it is ORDERED that the motion is DENIED. Signed by Judge Reggie B. Walton on 8/29/2013. (lcrbw2)

Aug. 29, 2013

Aug. 29, 2013

PACER

MINUTE ORDER granting 44 Motion for Leave to Appear Pro Hac Vice; granting 45 Motion for Leave to Appear Pro Hac Vice. For good cause shown, it is ORDERED that the motions are GRANTED. Attorneys Mathew D. Gutierrez and William E. Davis may appear and be heard in the above captioned action. Signed by Judge Reggie B. Walton on 8/29/2013. (lcrbw2)

Aug. 29, 2013

Aug. 29, 2013

PACER

Set/Reset Deadline: The defendants shall answer or otherwise respond to the plaintiff's amended complaint on or before 9/20/2013. (ad)

Aug. 30, 2013

Aug. 30, 2013

PACER

MINUTE ORDER. In light of the representations made to the Court in the United States' Suggestion of Incapacity of David Fish (see ECF no. 43 ), it is ORDERED that the parties shall appear before the Court for a status hearing concerning the matters addressed in the Suggestion of Incapacity at a date and time to be determined by the Clerk. Signed by Judge Reggie B. Walton on 9/5/2013. (lcrbw2)

Sept. 5, 2013

Sept. 5, 2013

PACER

MINUTE ORDER. In light of the representations made to the Court in the United States' Suggestion of Incapacity of David Fish (see ECF no. 43), it is ORDERED that the parties shall appear before the Court for a status hearing concerning the matters addressed in the Suggestion of Incapacity at a date and time to be determined by the Clerk. Signed by Judge Reggie B. Walton on 9/5/2013. (lcrbw2)

Sept. 5, 2013

Sept. 5, 2013

PACER

Set/Reset Hearings: Status Conference set for 9/26/2013 10:15 AM in Courtroom 16 before Judge Reggie B. Walton. (mpt, )

Sept. 10, 2013

Sept. 10, 2013

PACER
46

NOTICE of Appearance by Jeffrey A. Lamken on behalf of RONALD BELL, JANINE L. ESTES, SUSAN MALONEY, FAYE NG (Lamken, Jeffrey) (Entered: 09/10/2013)

Sept. 10, 2013

Sept. 10, 2013

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47

NOTICE of Appearance by Justin V Shur on behalf of RONALD BELL, JANINE L. ESTES, SUSAN MALONEY, FAYE NG (Shur, Justin) (Entered: 09/10/2013)

Sept. 10, 2013

Sept. 10, 2013

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48

MOTION for Extension of Time to Respond to Plaintiff's First Amended Complaint by RONALD BELL, JANINE L. ESTES, STEVEN GRODNITZKY, LOIS LERNER, SUSAN MALONEY, STEVEN T. MILLER, FAYE NG, HOLLY PAZ, MICHAEL SETO, DOUGLAS H. SHULMAN, CINDY M. THOMAS, WILLIAM WILKINS (Shur, Justin) (Entered: 09/10/2013)

Sept. 10, 2013

Sept. 10, 2013

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49

NOTICE of Appearance by Brigida Benitez on behalf of STEVEN GRODNITZKY, LOIS LERNER, STEVEN T. MILLER, HOLLY PAZ, MICHAEL SETO, DOUGLAS H. SHULMAN, CINDY M. THOMAS, WILLIAM WILKINS (Benitez, Brigida) (Entered: 09/11/2013)

Sept. 11, 2013

Sept. 11, 2013

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50

ENTERED IN ERROR. . . . .RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CINDY M. THOMAS served on 8/19/2013, answer due 9/9/2013; WILLIAM WILKINS served on 8/10/2013, answer due 8/31/2013 (Phillips, Kaylan) Modified on 9/19/2013 (td, ). (Entered: 09/18/2013)

Sept. 18, 2013

Sept. 18, 2013

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51

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/27/2013. (Phillips, Kaylan) (Entered: 09/18/2013)

Sept. 18, 2013

Sept. 18, 2013

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52

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/12/2013. Answer due for ALL FEDERAL DEFENDANTS by 11/11/2013. (Phillips, Kaylan) (Entered: 09/18/2013)

Sept. 18, 2013

Sept. 18, 2013

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53

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to CINDY M. THOMAS served on 8/19/2013; WILLIAM WILKINS served on 8/10/2013. (td, ) (Entered: 09/19/2013)

Sept. 18, 2013

Sept. 18, 2013

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NOTICE OF CORRECTED DOCKET ENTRY: 50 was entered in error and refiled as docket entry no. 53 .(td, )

Sept. 19, 2013

Sept. 19, 2013

PACER

NOTICE OF CORRECTED DOCKET ENTRY: 50 was entered in error and refiled as docket entry no. 53.(td, )

Sept. 19, 2013

Sept. 19, 2013

PACER
54

MOTION to Dismiss Motion to Dismiss Counts I, II, IV and V and Statement of Points and Authorities by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Hartt, Grover) (Entered: 09/20/2013)

1 Text of Proposed Order

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Sept. 20, 2013

Sept. 20, 2013

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55

ENTERED IN ERROR. . . . .RESPONSE re 48 MOTION for Extension of Time to Respond to Plaintiff's First Amended Complaint filed by TRUE THE VOTE, INC.. (Johnson, Noel) Modified on 9/24/2013 (td, ). (Entered: 09/23/2013)

Sept. 23, 2013

Sept. 23, 2013

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NOTICE OF ERROR re 55 Response to motion; emailed to njohnson@actrightlegal.org, cc'd 29 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. Please refile document, 3. The filing attorney and the signing attorney should be the same. (td, )

Sept. 24, 2013

Sept. 24, 2013

PACER
56

RESPONSE re 48 MOTION for Extension of Time to Respond to Plaintiff's First Amended Complaint filed by TRUE THE VOTE, INC.. (Mitchell, Cleta) (Entered: 09/24/2013)

Sept. 24, 2013

Sept. 24, 2013

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MINUTE ORDER granting 48 Motion for Extension of Time. Upon consideration of the Motion and Memorandum of Law for an Extension of Time for the Individual Defendants to Respond to Plaintiff's First Amended Complaint, and for good cause shown, it is ORDERED that the motion is GRANTED. The individual defendants shall answer or otherwise respond to the first amended complaint on or before October 18, 2013. Signed by Judge Reggie B. Walton on 9/25/2013. (lcrbw2)

Sept. 25, 2013

Sept. 25, 2013

PACER
57

NOTICE of Appearance by Christopher David Belen on behalf of INTERNAL REVENUE SERVICE, UNITED STATES OF AMERICA (Attachments: # 1 LCvR 83.2(j) Attorney Certification)(Belen, Christopher) (Entered: 09/25/2013)

1 LCvR 83.2(j) Attorney Certification

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Sept. 25, 2013

Sept. 25, 2013

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58

ORDER. For the reasons stated in the attached Order, it is herebyORDERED that the matters of Mr. Fish's legal representation and the appointment of a guardian ad litem for Mr. Fish are HELD IN ABEYANCE until further order of the Court. Signed by Judge Reggie B. Walton on 9/26/2013. (lcrbw2) (Entered: 09/26/2013)

Sept. 26, 2013

Sept. 26, 2013

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59

SUPPLEMENT to 54 MOTION to Dismiss Motion to Dismiss Counts I, II, IV and V and Statement of Points and Authorities by INTERNAL REVENUE SERVICE (Hartt, Grover) Modified title on 9/30/2014 (tg, ). (Entered: 09/26/2013)

Sept. 26, 2013

Sept. 26, 2013

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Minute Entry for proceedings held before Judge Reggie B. Walton: Status Conference held on 9/26/2013. (Court Reporter Cathryn Jones.) (mpt, )

Sept. 26, 2013

Sept. 26, 2013

PACER
60

Notice to ClarifyTRUE THE VOTE'S CLARIFICATION OF ITS RESPONSE TO THE INDIVIDUAL IRS DEFENDANTS' MOTION FOR AN EXTENSION OF TIME TO OCTOBER 18, 2013 by TRUE THE VOTE, INC. (Mitchell, Cleta) Modified to read "Notice" per chambers on 9/30/2013 (td, ). (Entered: 09/27/2013)

Sept. 27, 2013

Sept. 27, 2013

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61

Joint MOTION for Briefing Schedule on Motions to Dismiss by TRUE THE VOTE, INC. (Mitchell, Cleta) (Entered: 09/30/2013)

Sept. 30, 2013

Sept. 30, 2013

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62

Consent MOTION for Extension of Time to File Response/Reply as to 54 MOTION to Dismiss Motion to Dismiss Counts I, II, IV and V and Statement of Points and Authorities by TRUE THE VOTE, INC. (Mitchell, Cleta) (Entered: 10/02/2013)

Oct. 2, 2013

Oct. 2, 2013

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MINUTE ORDER granting 61 Motion for Briefing Schedule; granting 62 Motion for Extension of Time to File Response/Reply. For good cause shown, and in light of the parties' consent, the motions are GRANTED. The plaintiff's response(s) to motion(s) to dismiss filed by any/all defendant(s) shall be filed on or before November 15, 2013, and the defendants' reply briefs to the plaintiff's response(s) to motion(s) to dismiss shall be filed on or before December 17, 2013. Signed by Judge Reggie B. Walton on 10/3/2013. (lcrbw2)

Oct. 3, 2013

Oct. 3, 2013

PACER

Set/Reset Deadlines: Response due by 11/15/2013; Reply due by 12/17/2013. (mpt)

Oct. 4, 2013

Oct. 4, 2013

PACER
63

MOTION to Dismiss of Individual Management Defendants by STEVEN GRODNITZKY, LOIS LERNER, STEVEN T. MILLER, HOLLY PAZ, MICHAEL SETO, DOUGLAS H. SHULMAN, CINDY M. THOMAS, WILLIAM WILKINS (Attachments: # 1 Text of Proposed Order)(Benitez, Brigida) (Entered: 10/18/2013)

1 Text of Proposed Order

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Oct. 18, 2013

Oct. 18, 2013

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64

MOTION to Dismiss of Cincinnati Defendants by RONALD BELL, JANINE L. ESTES, SUSAN MALONEY, FAYE NG (Attachments: # 1 Text of Proposed Order Proposed Order)(Lamken, Jeffrey) (Entered: 10/18/2013)

1 Text of Proposed Order Proposed Order

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Oct. 18, 2013

Oct. 18, 2013

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65

Memorandum in opposition to re 59 Supplemental MOTION to Amend/Correct 54 MOTION to Dismiss Motion to Dismiss Counts I, II, IV and V and Statement of Points and Authorities, 54 MOTION to Dismiss Motion to Dismiss Counts I, II, IV and V and Statement of Points and Authorities filed by TRUE THE VOTE, INC.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order Denying Motion to Dismiss)(Mitchell, Cleta) (Entered: 11/15/2013)

1 Exhibit A

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2 Text of Proposed Order Denying Motion to Dismiss

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Nov. 15, 2013

Nov. 15, 2013

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66

MOTION for Leave to File Consolidated Oversized Memorandum in Opposition to Individual Defendants' Motions to Dismiss by TRUE THE VOTE, INC. (Attachments: # 1 Text of Proposed Order Granting Motion to File Consolidated Oversized Memo)(Mitchell, Cleta) (Additional attachment(s) added on 11/18/2013: # 2 Exhibit Opposition) (td, ). (Entered: 11/15/2013)

1 Text of Proposed Order Granting Motion to File Consolidated Oversized Memo

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2 Exhibit Opposition

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Nov. 15, 2013

Nov. 15, 2013

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67

ENTERED IN ERROR. . . . .Memorandum in opposition to re 64 MOTION to Dismiss of Cincinnati Defendants, 63 MOTION to Dismiss of Individual Management Defendants filed by TRUE THE VOTE, INC.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Mitchell, Cleta) Modified on 11/18/2013 (td, ). (Entered: 11/15/2013)

1 Exhibit A

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2 Text of Proposed Order

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Nov. 15, 2013

Nov. 15, 2013

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68

MOTION to Stay Agency Action by TRUE THE VOTE, INC. (Attachments: # 1 Text of Proposed Order)(Mitchell, Cleta) (Entered: 11/16/2013)

1 Text of Proposed Order

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Nov. 16, 2013

Nov. 16, 2013

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NOTICE OF ERROR re 65 Memorandum in Opposition; emailed to cmitchell@foley.com, cc'd 31 associated attorneys -- The PDF file you docketed contained errors: 1. Leave to file not yet requested and/or granted, 2. This document will be Entered In Error and added as an exhibit to the Motion for Leave. (ztd, )

Nov. 18, 2013

Nov. 18, 2013

PACER
69

Memorandum in opposition to re 66 MOTION for Leave to File Consolidated Oversized Memorandum in Opposition to Individual Defendants' Motions to Dismiss by Individual Management Defendants filed by STEVEN GRODNITZKY, LOIS LERNER, STEVEN T. MILLER, HOLLY PAZ, MICHAEL SETO, DOUGLAS H. SHULMAN, CINDY M. THOMAS, WILLIAM WILKINS. (Attachments: # 1 Text of Proposed Order)(Benitez, Brigida) (Entered: 11/20/2013)

1 Text of Proposed Order

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Nov. 20, 2013

Nov. 20, 2013

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70

REPLY to opposition to motion re 66 MOTION for Leave to File Consolidated Oversized Memorandum in Opposition to Individual Defendants' Motions to Dismiss filed by TRUE THE VOTE, INC.. (Mitchell, Cleta) (Entered: 11/22/2013)

Nov. 22, 2013

Nov. 22, 2013

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71

RESPONSE re 66 MOTION for Leave to File Consolidated Oversized Memorandum in Opposition to Individual Defendants' Motions to Dismiss filed by RONALD BELL, JANINE L. ESTES, SUSAN MALONEY, FAYE NG. (Lamken, Jeffrey) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

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MINUTE ORDER granting 66 Motion for Leave to File. Upon consideration of the plaintiff's Motion to File Oversized Memorandum in Consolidated Response to Individual Defendants' Motions to Dismiss, and the opposition thereto, and for good cause shown, it is ORDERED that the motion is GRANTED nunc pro tunc to November 15, 2013. The plaintiff's opposition to the individual defendants' motions to dismiss is deemed timely filed. The plaintiff is admonished that future requests to file oversized memoranda of law should be submitted to the Court prior to the date on which any such memoranda are due in accordance with this Court's local rules. See Local Civ. R. 7(e) ("A memorandum of points and authorities in support of or in opposition to a motion shall not exceed 45 pages and a reply memorandum shall not exceed 25 pages, without prior approval of the court."). Signed by Judge Reggie B. Walton on 11/26/2013. (lcrbw2)

Nov. 26, 2013

Nov. 26, 2013

PACER
72

Memorandum in opposition to re 64 MOTION to Dismiss of Cincinnati Defendants, 63 MOTION to Dismiss of Individual Management Defendants, 54 MOTION to Dismiss Motion to Dismiss Counts I, II, IV and V and Statement of Points and Authorities filed by TRUE THE VOTE, INC.. (Filed Nunc Pro Tunc to 11/15/2013, pursuant to Minute Order filed on 11/26/2013 (jf, ) (Entered: 11/27/2013)

Nov. 26, 2013

Nov. 26, 2013

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73

RESPONSE re 68 MOTION to Stay Agency Action Opposition to Plaintiff's Motion to Stay Agency Action filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit 1)(Hartt, Grover) (Entered: 12/03/2013)

1 Exhibit 1

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Dec. 3, 2013

Dec. 3, 2013

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74

REPLY to opposition to motion re 68 MOTION to Stay Agency Action filed by TRUE THE VOTE, INC.. (Mitchell, Cleta) (Entered: 12/09/2013)

Dec. 9, 2013

Dec. 9, 2013

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75

NOTICE OF WITHDRAWAL OF APPEARANCE as to TRUE THE VOTE, INC.. Attorney Zachary S. Kester terminated. (Kester, Zachary) (Entered: 12/17/2013)

Dec. 17, 2013

Dec. 17, 2013

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76

REPLY to opposition to motion re 63 MOTION to Dismiss of Individual Management Defendants filed by STEVEN GRODNITZKY, LOIS LERNER, STEVEN T. MILLER, HOLLY PAZ, MICHAEL SETO, DOUGLAS H. SHULMAN, CINDY M. THOMAS, WILLIAM WILKINS. (Benitez, Brigida) (Entered: 12/17/2013)

Dec. 17, 2013

Dec. 17, 2013

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77

REPLY to opposition to motion re 64 MOTION to Dismiss of Cincinnati Defendants filed by RONALD BELL, JANINE L. ESTES, SUSAN MALONEY, FAYE NG. (Lamken, Jeffrey) (Entered: 12/17/2013)

Dec. 17, 2013

Dec. 17, 2013

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78

REPLY to opposition to motion re 54 MOTION to Dismiss Motion to Dismiss Counts I, II, IV and V and Statement of Points and Authorities Reply in Support of Motion to Dismiss Counts I, II, IV and V filed by UNITED STATES OF AMERICA. (Hartt, Grover) (Entered: 12/17/2013)

Dec. 17, 2013

Dec. 17, 2013

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79

NOTICE of Appearance by Erica Lynne Gerson on behalf of STEVEN GRODNITZKY, LOIS LERNER, STEVEN T. MILLER, HOLLY PAZ, MICHAEL SETO, DOUGLAS H. SHULMAN, CINDY M. THOMAS, WILLIAM WILKINS (Gerson, Erica) (Entered: 01/23/2014)

Jan. 23, 2014

Jan. 23, 2014

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Case Details