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Case: l:17-cv-00918-JEB As of: 11/27/2018 05:29 AM EST 1 of 8 


TYPE I-FOIA 

U.S. District Court 

District of Columbia (Washington, DC) 

CIVIL DOCKET FOR CASE #: 1:17-cv-00918-JEB 


MONTGOMERY et al v. INTERNAL REVENUE SERVICE Date Filed: 05/16/2017 

Assigned to: fudge James E. Boasberg Jury Demand: None 

Cause: 05:552 Freedom of Information Act Nature of Suit: 895 Freedom of 

Information Act 

Jurisdiction: U.S. Government Defendant 

Plaintiff 

THOMAS A. MONTGOMERY represented by Nicholas Lawrence Wilkins 

WHITE & CASE LLP 
701 Thirteenth Street, NW 
Washington, DC 20005 
(202)637-6178 

Email: nick.wilkins@whitecase.com 
ATTORNEY TO BE NOTICED 

Kim Marie Boylan 

WHITE & CASE LLP 
701 Thirteenth Street, NW 
Washington, DC 20005 
(202) 626-3685 

Email: kbovlan@whitecase.com 
ATTORNEY TO BE NOTICED 

Plaintiff 

BETH W. MONTGOMERY represented by Nicholas Lawrence Wilkins 

(See above for address) 

ATTORNEY TO BE NOTICED 

Kim Marie Boylan 

(See above for address) 

ATTORNEY TO BE NOTICED 


V. 

Defendant 

INTERNAL REVENUE SERVICE represented by Joseph E. Hunsader 

U.S. DEPARTMENT OF JUSTICE 

Tax Division 

P.O. Box 227 

Washington, DC 20044 

(202)514-0472 

Fax: (202) 514-6866 

Email: ioseph.e.hunsader@usdoi.gov 

LEAD ATTORNEY 

ATTORNEY TO BE NOTICED 


Date Filed 

# 

Docket Text 

05/16/2017 

1 

COMPLAINT against INTERNAL REVENUE SERVICE ( Filing fee $ 400 receipt 
number 0090-4954271) filed by THOMAS A. MONTGOMERY, BETH W. 
MONTGOMERY. (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 Civil Cover 
Sheet, # 10 Summons, #11 Summons, # 12 Summons)(Boylan, Kim) (Entered: 
05/16/2017) 












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05/17/2017 

2 

ERRATA /Notice of Errata by BETH W. MONTGOMERY, THOMAS A. 
MONTGOMERY 1 Complaint, filed by BETH W. MONTGOMERY, THOMAS A. 
MONTGOMERY. (Attachments: # 1 Corrected Complaint, # 2 Corrected Civil Cover 
Sheet)(Boylan, Kim) (Entered: 05/17/2017) 

05/19/2017 


Case Assigned to Judge James E. Boasberg. (zsb) (Entered: 05/19/2017) 

05/19/2017 

3 

SUMMONS (3) Issued Electronically as to INTERNAL REVENUE SERVICE, U.S. 
Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 
05/19/2017) 

06/02/2017 

4 

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on 

United States Attorney General. Date of Service Upon United States Attorney General 
05/23/2017. (Boylan, Kim) (Entered: 06/02/2017) 

06/02/2017 

5 

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. 
INTERNAL REVENUE SERVICE served on 5/23/2017 (Boylan, Kim) (Entered: 
06/02/2017) 

06/02/2017 

6 

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the 
United States Attorney. Date of Service Upon United States Attorney on 5/23/2017. 
Answer due for ALL FEDERAL DEFENDANTS by 6/22/2017. (Boylan, Kim) 
(Entered: 06/02/2017) 

06/19/2017 

7 

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by 
INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed 
Order)(Hunsader, Joseph) (Entered: 06/19/2017) 

06/19/2017 


MINUTE ORDER GRANTING Defendant’s Unopposed 7 Motion for Extension of 
Time to File. The Court ORDERS that Defendant shall respond to the Complaint on or 
before July 22, 2017. Signed by Judge James E. Boasberg on 6/19/17. (Icjeb2) 

(Entered: 06/19/2017) 

06/19/2017 


Set/Reset Deadlines: Responses due by 7/22/2017. (nbn) (Entered: 06/20/2017) 

07/21/2017 

8 

ANSWER to Complaint by INTERNAL REVENUE SERVICE.(Hunsader, Joseph) 
(Entered: 07/21/2017) 

07/24/2017 


MINUTE ORDER: The Court ORDERS that the parties shall meet, confer, and submit 
a joint proposed briefing schedule by August 7, 2017. Signed by Judge James E. 
Boasberg on 7-24-2017. (Icjeb3) (Entered: 07/24/2017) 

07/24/2017 


Set/Reset Deadlines: Parties shall meet, confer, and submit a joint proposed briefing 
schedule by 8/7/2017. (nbn) (Entered: 07/24/2017) 

08/01/2017 

9 

NOTICE of Appearance by Nicholas Lawrence Wilkins on behalf of BETH W. 
MONTGOMERY, THOMAS A. MONTGOMERY (Wilkins, Nicholas) (Entered: 
08/01/2017) 

08/02/2017 

10 

PROPOSED BRIEFING SCHEDULE / Joint Proposed Briefing Schedule by BETH 

W. MONTGOMERY, THOMAS A. MONTGOMERY. (Attachments: # 1 Text of 
Proposed Order)(Boylan, Kim) (Entered: 08/02/2017) 

08/02/2017 


MINUTE ORDER: The Court ORDERS that the parties shall submit a joint proposed 
briefing schedule by August 7, 2017, which shall propose sequential, not simultaneous, 
briefs. Signed by Judge James E. Boasberg on 8/2/17. (Icjeb2) (Entered: 08/02/2017) 

08/02/2017 


Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 8/7/2017. (nbn) 

(Entered: 08/02/2017) 

08/03/2017 

11 

PROPOSED BRIEFING SCHEDULE /Join! Proposed Briefing Schedule by BETH 

W. MONTGOMERY, THOMAS A. MONTGOMERY. (Attachments: # 1 Text of 
Proposed Order)(Boylan, Kim) (Entered: 08/03/2017) 

08/04/2017 


MINUTE ORDER: Per the parties' Joint JT Proposed Briefing Schedule, the Court 
ORDERS that: (1) Defendant shall file its motion for summary judgment on or before 
October 11, 2017; (2) Plaintiffs shall file their opposition to Defendant’s motion and 
cross-motion on or before November 6, 2017; (3) Defendant shall file its reply and 
opposition to Plaintiffs' cross-motion on or before November 30, 2017; and (4) 

Plaintiffs shall file their reply on or before December 14, 2017. Signed by Judge James 
























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E. Boasberg on 8/4/17. (Icjeb2) (Entered: 08/04/2017) 

08/04/2017 


Set/Reset Deadlines: Summary Judgment motions due by 10/11/2017. Response to 
Motion for Summary Judgment due by 11/6/2017. Reply to Motion for Summary 
Judgment due by 11/30/2017. Replies due by 12/4/2017. (nbn) (Entered: 08/04/2017) 

10/10/2017 

12 

Unopposed MOTION for Extension of Time to File Summ. Judg. Motion by 9-Days 
and Entire Summ. Judg. Briefin Schedule by 1-Day by INTERNAL REVENUE 
SERVICE (Attachments: # 1 Text of Proposed Order)(Hunsader, Joseph) (Entered: 
10/10/2017) 

10/10/2017 


MINUTE ORDER GRANTING Defendant's 12 Motion for Extension of Time to File. 
The Court ORDERS that: (1) Defendant shall file its motion for summary judgment on 
or before October 20, 2017; (2) Plaintiffs shall file their opposition and cross-motion 
for summary judgment on or before November 15, 2017; (3) Defendant shall file its 
reply and opposition to the cross-motion for summary judgment on or before 

December 1, 2017; and (4) Plaintiffs shall file their reply regarding the cross-motion 
for summary judgment on or before December 15, 2017. So ORDERED by Judge 

James E. Boasberg on 10/10/2017. (Icjeb2) (Entered: 10/10/2017) 

10/10/2017 


Set/Reset Deadlines: Summary Judgment motions due by 10/20/2017. Response to 
Motion for Summary Judgment due by 11/15/2017. Reply to Motion for Summary 
Judgment due by 12/1/2017. Plaintiffs' Replies due by 12/15/2017. (lsj) (Entered: 
10/10/2017) 

10/20/2017 

13 

MOTION for Summary Judgment based upon prior settlment including mutual 
release, collateral estoppel, and res judicata by INTERNAL REVENUE SERVICE 
(Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of 
Proposed Order, # 4 Affidavit of Joseph Hunsader, # 5 Exhibit A (Pltfs' prior 

Judgment), # 6 Exhibit B (global settlement offer and acceptance letters), # 7 Exhibit 

C (Forms 211,211A, etc.), # 8 Exhibit D (Pltfs' prior Complaint), # 9 Exhibit E (Pltfs' 
motion for disclosure) — Part 1, # 10 Exhibit E — Part 2 . # 11 Exhibit E — Part 3, # 

12 Exhibit E — Part 4, # 13 Exhibit E — Part 5, # 14 Exhibit F (USA opposition 
motion to disclose ) — Part 1, # J_5 Exhibit F — Part 2, # 16 Exhibit G (Order 
denying Pltfs' motion for disclosure), # T7 Exhibit H (Pltfs’ proposed form of 

Judgment), # 18 Exhibit I (Pltfs’ withdrawal motion to enforce judgments))(Hunsader, 
Joseph) (Entered: 10/20/2017) 

10/20/2017 

14 

MOTION to Stay obligation to affirmatively move for summary judgment on the 
ultimate merits of a FOIA lawsuit by INTERNAL REVENUE SERVICE 
(Attachments: # 1 Text of Proposed Order)(Hunsader, Joseph) (Entered: 10/20/2017) 

10/27/2017 

15 

RESPONSE re 14 MOTION to Stay obligation to affirmatively move for summary 
judgment on the ultimate merits of a FOIA lawsuit /Plaintiffs' Opposition to 

Defendant's Motion to Stay filed by BETH W. MONTGOMERY, THOMAS A. 
MONTGOMERY. (Attachments: # 1 Text of Proposed Order)(Boylan, Kim) (Entered: 
10/27/2017) 

10/30/2017 

16 

MOTION to Amend/Correct 8 Answer to Complaint by INTERNAL REVENUE 
SERVICE (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 

3 Affidavit, # 4 Exhibit Proposed Amended Answer (REDLINE version), # 5 Exhibit 
Proposed Amended Answer (CLEAN version))(Hunsader, Joseph) (Entered: 

10/30/2017) 

11/03/2017 

17 

REPLY to opposition to motion re 14 MOTION to Stay obligation to affirmatively 
move for summary judgment on the ultimate merits of a FOIA lawsuit filed by 
INTERNAL REVENUE SERVICE. (Hunsader, Joseph) (Entered: 11/03/2017) 

11/03/2017 

18 

Unopposed MOTION for Leave to File Sur-Reply to Defendant's Motion for Stay by 
BETH W. MONTGOMERY, THOMAS A. MONTGOMERY (Attachments: # 1 
Exhibit A - Plaintiffs' Sur-Reply to Defendant's Motion for Stay, # 2 Text of 

Proposed Order)(Boylan, Kim) (Entered: 11/03/2017) 

11/06/2017 


MINUTE ORDER: Although Plaintiffs are correct in contending that Defendant has 
been somewhat protean in its handling of the summary-judgment briefing, the Court 
nonetheless believes that the most efficient way of handling the matter is to permit 
briefing on the threshold matters of release, estoppel, and res judicata first. As a result, 

















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the Court ORDERS that: 1) Plaintiffs' 18 Motion to File Sur-Reply is GRANTED; 2) 
Defendant's 14 Motion to Stay is GRANTED; 3) The parties shall confine this first 
round of briefing to those threshold issues; and 4) In the event the Court denies 
Defendant's Motion for Summary Judgment, it will set a further briefing schedule on 
the merits issues related to the search and withholdings. So ORDERED by Judge 

James E. Boasberg on 1 l/06/2017.(lcjeb2) (Entered: 11/06/2017) 

11/06/2017 


ENTERED IN ERROR.Case Stayed (nbn) Modified on 11/7/2017 (znbn). (Entered: 

11/07/2017) 

11/07/2017 


NOTICE OF CORRECTED DOCKET ENTRY: Case Stayed was entered in error. 

(nbn) (Entered: 11/07/2017) 

11/15/2017 

19 

Memorandum in opposition to re 13 MOTION for Summary Judgment based upon 
prior settlment including mutual release, collateral estoppel, and res judicata / 
Plaintiffs' Opposition to Defendant's Motion for Summary Judgment Based Upon 

Mutual Release, Collateral Estoppel, and Res Judicata filed by BETH W. 
MONTGOMERY, THOMAS A. MONTGOMERY. (Attachments: # 1 Plaintiffs’ 
Statement of Disputed Material Facts, # 2 Text of Proposed Order)(Boylan, Kim) 
(Entered: 11/15/2017) 

12/01/2017 

20 

STRICKEN PURSUANT TO MINUTE ORDER FILED 12/6/2017.REPLY to 

opposition to motion re 13 MOTION for Summary Judgment based upon prior 
settlment including mutual release, collateral estoppel, and res judicata filed by 
INTERNAL REVENUE SERVICE. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 
Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 
Exhibit G, # K) Exhibit H, # JT Exhibit I, # 12 Exhibit J, # J_3 Exhibit K, # 14 Exhibit 

L, # 15 Exhibit M, # 16 Exhibit N)(Hunsader, Joseph) Modified on 12/7/2017 (znmw). 
(Entered: 12/01/2017) 

12/05/2017 

21 

MOTION to Strike 20 Reply to opposition to Motion,, / Plaintiffs' Motion to Strike 
Declaration of Brett P. Ziegler [20-1] by BETH W. MONTGOMERY, THOMAS A. 
MONTGOMERY (Attachments: # 1 Text of Proposed Order)(Boylan, Kim) (Entered: 
12/05/2017) 

12/05/2017 

22 

Unopposed MOTION for Leave to File Sur-Reply to Defendant's Motion for 

Summary Judgment Based Upon Mutual Release, Collateral Estoppel, and Res 

Judicata by BETH W. MONTGOMERY, THOMAS A. MONTGOMERY 
(Attachments: # 1 Text of Proposed Order)(Boylan, Kim) (Entered: 12/05/2017) 

12/06/2017 


MINUTE ORDER: The Court ORDERS that Defendant’s 20 Reply is STRICKEN for 
excessive footnoting, which violates the Court's Local Rules and constitutes an effort 
to circumvent the page limits. Defendant may refile its Reply by December 7, 2017, 
which may contain no more than 10 footnotes with an aggregate total of 30 lines. 
Plaintiffs' 22 Motion is GRANTED, and they may file a Sur-Reply limited to 15 pages 
by December 15, 2017. So ORDERED by Judge James E. Boasberg on 12/06/2017. 
(Icjeb2) (Entered: 12/06/2017) 

12/06/2017 


Set/Reset Deadlines: Reply due by 12/7/2017. Sur-Reply due by 12/15/2017. (nbn) 
(Entered: 12/06/2017) 

12/07/2017 

23 

REPLY to opposition to motion re 13 MOTION for Summary Judgment based upon 
prior settlment including mutual release, collateral estoppel, and res judicata 
[Revised] Reply filed pursuant to Court's Minute Oder of Dec. 6, 2017 filed by 
INTERNAL REVENUE SERVICE. (Hunsader, Joseph) (Entered: 12/07/2017) 

12/15/2017 

24 

SURREPLY to re 13 MOTION for Summary Judgment based upon prior settlment 
including mutual release, collateral estoppel, and res judicata filed by BETH W. 
MONTGOMERY, THOMAS A. MONTGOMERY. (Boylan, Kim) (Entered: 
12/15/2017) 

12/18/2017 

25 

Memorandum in opposition to re 2J_ MOTION to Strike 20 Reply to opposition to 
Motion,, / Plaintiffs' Motion to Strike Declaration of Brett P. Ziegler [20-1 ] filed by 
INTERNAL REVENUE SERVICE. (Attachments: # 1 Text of Proposed 
Order)(Hunsader, Joseph) (Entered: 12/18/2017) 

12/19/2017 

26 

REPLY to opposition to motion re 21 MOTION to Strike 20 Reply to opposition to 
Motion,, / Plaintiffs' Motion to Strike Declaration of Brett P. Ziegler [20-1 ] filed by 




















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BETH W. MONTGOMERY, THOMAS A. MONTGOMERY. (Boylan, Kim) 

(Entered: 12/19/2017) 

02/20/2018 

27 

ORDER DENYING Defendant's 13 Motion for Summary Judgment; GRANTING 
Defendant's 16 Motion to Amend/Correct; and DENYING AS MOOT Plaintiffs 21 
Motion to Strike. The Court ORDERS that the parties shall submit a joint proposed 
briefing schedule on or before February 27, 2018. Signed by Judge James E. Boasberg 
on 2/20/18. (lcjebl) (Entered: 02/20/2018) 

02/20/2018 

28 

MEMORANDUM OPINION re 27 Order. Signed by Judge James E. Boasberg on 
2/20/18. (lcjebl) (Entered: 02/20/2018) 

02/20/2018 


Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 2/27/2018 (lsj) 

(Entered: 02/20/2018) 

02/20/2018 

30 

Amended ANSWER to Complaint by INTERNAL REVENUE SERVICE.(td) 

(Entered: 02/27/2018) 

02/27/2018 

29 

PROPOSED BRIEFING SCHEDULE / Joint Proposed Briefing Schedule by BETH 

W. MONTGOMERY, THOMAS A. MONTGOMERY. (Attachments: # 1 Text of 
Proposed Order)(Boylan, Kim) (Entered: 02/27/2018) 

02/28/2018 


MINUTE ORDER: Per the parties' 29 Joint Proposed Briefing Schedule, the Court 
ORDERS that: (1) Defendant shall file its Motion for Summary Judgment on the 
Ultimate Merits of a FOIA Lawsuit on or before April 9, 2018; (2) Plaintiffs shall file 
their consolidated Opposition to Defendant’s Motion for Summary Judgment and 
Cross-Motion for Summary Judgment on the Ultimate Merits of a FOIA Lawsuit on 
or before May 11, 2018; (3) Defendant shall file its Reply in Support of Defendant's 
Motion for Summary Judgment and Opposition to Plaintiffs’ Cross-Motion for 
Summary Judgment on or before May 25, 2018; and (4) Plaintiffs shall file their 
consolidated Reply in Support of Plaintiffs' Cross-Motion for Summary Judgment on 
or before June 11, 2018. So ORDERED by Judge James E. Boasberg on 2/28/2018. 
(Icjeb2) (Entered: 02/28/2018) 

02/28/2018 


Set/Reset Deadlines: Summary Judgment motions due by 4/9/2018. Response to 

Motion for Summary Judgment due by 5/11/2018. Reply to Motion for Summary 
Judgment due by 5/25/2018. Plaintiffs' Replies due by 6/11/2018. (lsj) (Entered: 
02/28/2018) 

04/09/2018 

31 

MOTION for Summary Judgment on Plaintiffs' FOIA complaint based upon the 
"Glomar response" by INTERNAL REVENUE SERVICE (Attachments: # 1 
Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 
Affidavit by Patricia Williams (redacted — entire declaration to be be filed under seal 
with leave of Court), # 5 Affidavit of Pamela Sharisse Tompkins, # 6 Affidavit of Amy 
Mielke)(Hunsader, Joseph) (Entered: 04/09/2018) 

04/09/2018 

32 

MOTION for Leave to File Declarations or portions thereof IN CAMERA and 

UNDER SEAL re 3J_ MOTION for Summary Judgment on Plaintiffs' FOIA complaint 
based upon the "Glomar response " by INTERNAL REVENUE SERVICE 
(Attachments: # 1 Text of Proposed Order)(Hunsader, Joseph) (Entered: 04/09/2018) 

04/10/2018 


MINUTE ORDER GRANTING 32 Motion to File In Camera and Under Seal. The 
Court ORDERS that Defendant shall submit the referenced materials in camera on or 
before April 17, 2018. So ORDERED by Judge James E. Boasberg on 4/10/2018. 
(Icjeb2) (Entered: 04/10/2018) 

04/10/2018 


Set/Reset Deadlines: In-Camera Submission due by 4/17/2018. (lsj) (Entered: 
04/10/2018) 

04/11/2018 

33 

MOTION for Leave to File Opposition to Defendant's Motion for Leave to Submit 
Declarations for the Court's In Camera Review by BETH W. MONTGOMERY, 
THOMAS A. MONTGOMERY (Attachments: # 1 Plaintiffs' Memorandum in 
Opposition to Defendant's Motion for Leave to Submit Declarations for the Court's In 
Camera Review, # 2 Text of Proposed Order)(Boylan, Kim) (Entered: 04/11/2018) 

04/17/2018 

34 

NOTICE of Submissions of Declarations IN CAMERA for the Court's review by 
INTERNAL REVENUE SERVICE re 31 MOTION for Summary Judgment on 
Plaintiffs' FOIA complaint based upon the "Glomar response" (Hunsader, Joseph) 



















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(Entered: 04/17/2018) 

04/25/2018 

35 

Memorandum in opposition to re 33 MOTION for Leave to File Opposition to 
Defendant's Motion for Leave to Submit Declarations for the Court's In Camera 

Review filed by INTERNAL REVENUE SERVICE. (Attachments: # 1 Text of 
Proposed Order)(Hunsader, Joseph) (Entered: 04/25/2018) 

04/26/2018 

36 

REPLY to opposition to motion re 33 MOTION for Leave to File Opposition to 
Defendant's Motion for Leave to Submit Declarations for the Court's In Camera 

Review filed by BETH W. MONTGOMERY, THOMAS A. MONTGOMERY. 

(Boylan, Kim) (Entered: 04/26/2018) 

04/26/2018 


MINUTE ORDER: The Court ORDERS that Plaintiffs' 33 Motion is GRANTED 
inasmuch as their Opposition may be filed. To the extent the Court considers any ex 
parte materials, it will ensure that Plaintiffs are given an opportunity to be heard such 
that they are not thereby prejudiced. So ORDERED by Judge James E. Boasberg on 
4/26/2018. (Icjeb2) (Entered: 04/26/2018) 

04/26/2018 

37 

Memorandum in opposition to re 32 MOTION for Leave to File Declarations or 
portions thereof IN CAMERA and UNDER SEAL re 31 MOTION for Summary 
Judgment on Plaintiffs’ FOIA complaint based upon the "Glomar response" filed by 
BETH W. MONTGOMERY, THOMAS A. MONTGOMERY, (jf) (Entered: 
05/01/2018) 

05/11/2018 

38 

STRICKEN PURSUANT TO MINUTE ORDER OF 5/14/18.Memorandum in 

opposition to re 31 MOTION for Summary Judgment on Plaintiffs' FOIA complaint 
based upon the "Glomar response" / Plaintiffs' Opposition to Defendant's Motion for 
Summary Judgment Upon Plaintiffs' Complaint and Plaintiffs' Cross—Motion for 
Summary Judgment filed by BETH W. MONTGOMERY, THOMAS A. 
MONTGOMERY. (Attachments: # 1 Plaintiffs' Statement of Disputed Material Facts, 

# 2 Plaintiffs' Statement of Undisputed Material Facts, # 3 Text of Proposed 
Order)(Boylan, Kim) Modified on 5/14/2018 (ztd). (Entered: 05/11/2018) 

05/11/2018 

39 

STRICKEN PURSUANT TO MINUTE ORDER FILED 5/14/18.Cross 

MOTION for Summary Judgment / Plaintiffs' Opposition to Defendant's Motion for 
Summary Judgment Upon Plaintiffs' Complaint and Plaintiffs' Cross—Motion for 
Summary Judgment by BETH W. MONTGOMERY, THOMAS A. MONTGOMERY 
(Attachments: # 1 Plaintiffs' Statement of Disputed Material Facts, # 2 Plaintiffs' 
Statement of Undisputed Material Facts, # 3 Text of Proposed Order)(Boylan, Kim) 
Modified on 5/14/2018 (ztd). (Entered: 05/11/2018) 

05/14/2018 


MINUTE ORDER: The Court ORDERS that Plaintiffs' [38-39] briefs are STRICKEN 
without prejudice as violating LCvR 5(d)'s ban on excessive footnotes. Plaintiffs may 
file by May 15, 2018, briefs that contain no more than 10 footnotes with no more than 
50 aggregate lines of text. So ORDERED by Judge James E. Boasberg on 

5/14/2018.(Icjeb2) (Entered: 05/14/2018) 

05/14/2018 

40 

Memorandum in opposition to re 31 MOTION for Summary Judgment on Plaintiffs' 
FOIA complaint based upon the "Glomar response"/Plaintiffs' Opposition to 
Defendant's Motion for Summary Judgment Upon Plaintiffs' Complaint and Plaintiffs' 
Cross—Motion for Summary Judgment filed by BETH W. MONTGOMERY, 

THOMAS A. MONTGOMERY. (Boylan, Kim) (Entered: 05/14/2018) 

05/14/2018 

11 

Cross MOTION for Summary Judgment / Plaintiffs' Opposition to Defendant's Motion 
for Summary Judgment Upon Plaintiffs' Complaint and Plaintiffs' Cross—Motion for 
Summary Judgment by BETH W. MONTGOMERY, THOMAS A. MONTGOMERY 
(Boylan, Kim) (Entered: 05/14/2018) 

05/14/2018 


Set/Reset Deadlines: Brief due by 5/15/2018. (znbn) (Entered: 05/15/2018) 

05/25/2018 

42 

RESPONSE re 44 Cross MOTION for Summary Judgment/ Plaintiffs' Opposition to 
Defendant's Motion for Summary Judgment Upon Plaintiffs' Complaint and Plaintiffs' 
Cross-Motion for Summary Judgment , 31 MOTION for Summary Judgment on 
Plaintiffs' FOIA complaint based upon the "Glomar response" filed by INTERNAL 
REVENUE SERVICE. (Attachments: # 1 Statement of Facts in Opposition to 

Plaintiffs Statement of Undisputed Facts in Support of Their Cross-Motion for 
Summary Judgment)(Hunsader, Joseph) (Entered: 05/25/2018) 




















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05/25/2018 

43 

REPLY to opposition to motion re 3J_ MOTION for Summary Judgment on Plaintiffs' 
FOIA complaint based upon the "Glomar response" filed by INTERNAL REVENUE 
SERVICE; (See docket entry no. 42 to view.) (ztd) (Entered: 05/31/2018) 

06/11/2018 

44 

REPLY to opposition to motion re 41 Cross MOTION for Summary Judgment / 
Plaintiffs’ Opposition to Defendant's Motion for Summary Judgment Upon Plaintiffs' 
Complaint and Plaintiffs' Cross—Motion for Summary Judgment filed by BETH W. 
MONTGOMERY, THOMAS A. MONTGOMERY. '(Boylan, Kim) (Entered: 
06/11/2018) 

06/22/2018 

45 

NOTICE OF SUPPLEMENTAL AUTHORITY by INTERNAL REVENUE 

SERVICE (Hunsader, Joseph) (Entered: 06/22/2018) 

06/25/2018 

46 

RESPONSE re 45 NOTICE OF SUPPLEMENTAL AUTHORITY /Plaintiffs' 

Response to Defendant's Notice of Subsequent Authority filed by BETH W. 
MONTGOMERY, THOMAS A. MONTGOMERY. (Boylan, Kim) (Entered: 
06/25/2018) 

08/22/2018 

47 

NOTICE of Subsequent Authority by INTERNAL REVENUE SERVICE (Hunsader, 
Joseph) (Entered: 08/22/2018) 

08/22/2018 

48 

RESPONSE re 47 Notice (Other) /Plaintiffs' Response to Defendant's Notice of 
Subsequent Authority filed by BETH W. MONTGOMERY, THOMAS A. 
MONTGOMERY. (Boylan, Kim) (Entered: 08/22/2018) 

09/06/2018 

49 

ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the 
Court ORDERS that: 1) Defendant’s 3J_ Motion for Summary Judgment is GRANTED 
IN PART and DENIED IN PART; 2) Plaintiffs 44 Cross-Motion for Summary 
Judgment is GRANTED IN PART and DENIED IN PART; and 3) The parties shall 
submit a joint status report by September 20, 2018, with a joint proposed schedule for 
resolving what remains of the case. Signed by Judge James E. Boasberg on 9/6/2018. 
(Icjeb3) (Entered: 09/06/2018) 

09/06/2018 

50 

MEMORANDUM OPINION re 49 ORDER on Defendant's Motion for Summary 
Judgment and Plaintiffs Cross-Motion for Summary Judgment. Signed by Judge 

James E. Boasberg on 9/6/2018. (Icjeb3) (Entered: 09/06/2018) 

09/06/2018 


Set/Reset Deadlines: Joint Status Report due by 9/20/2018. (znbn) (Entered: 

09/07/2018) 

09/14/2018 

51 

MOTION for Reconsideration re 50 Memorandum & Opinion, 49 Order on Motion for 
Summary Judgment,,,, MOTION for Hearing /Plaintiffs' Motionfor Reconsideration 
and Opportunity to be Heard by BETH W. MONTGOMERY, THOMAS A. 
MONTGOMERY (Attachments: # 1 Declaration of Kim Marie Boylan in Support of 
Motion for Reconsideration and Opportunity to be Heard, # 2 Exhibit A, # 3 Exhibit B, 

# 4 Exhibit C)(Boylan, Kim) (Entered: 09/14/2018) 

09/20/2018 

52 

Joint STATUS REPORT by Plaintiffs and Defendant by INTERNAL REVENUE 
SERVICE. (Hunsader, Joseph) (Entered: 09/20/2018) 

09/25/2018 


MINUTE ORDER: Per the parties' 52 Joint Status Report, the Court ORDERS that: 1) 
Defendant shall file its opposition to Plaintiffs' Motion for Reconsideration by October 
5, 2018, with Plaintiffs' reply due by October 26, 2018; and 2) As to Items 6-12, 
Defendant shall inform the Court by October 16, 2018, whether it will submit further 
affidavits or renew its search; in either event, Defendant shall also propose a schedule 
for its actions. So ORDERED by Judge James E. Boasberg on 9/25/2018. (Icjeb2) 
(Entered: 09/25/2018) 

09/25/2018 


Set/Reset Deadlines: Motions due by 10/5/2018. Replies due by 10/26/2018. 

Defendant shall inform the Court by 10/16/18, whether it will submit further affidavits 
or renew its search; in either event, Defendant shall also propose a schedule for its 
actions, (znbn) (Entered: 09/26/2018) 

10/04/2018 

53 

RESPONSE re 5J_ MOTION for Reconsideration re 50 Memorandum & Opinion, 49 
Order on Motion for Summary Judgment,,, MOTION for Hearing /Plaintiffs' Motion 
for Reconsideration and Opportunity to be Heard filed by INTERNAL REVENUE 
SERVICE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of 
Proposed Order)(Hunsader, Joseph) (Entered: 10/04/2018) 


















Case: l:17-cv-00918-JEB As of: 11/27/2018 05:29 AM EST 8 of 8 


10/16/2018 

54 

AFFIDAVIT re 50 Memorandum & Opinion and Court's Minute Order of September 
25, 2018 by INTERNAL REVENUE SERVICE. (Hunsader, Joseph) (Entered: 
10/16/2018) 

10/16/2018 

55 

STATUS REPORT pursuant to Court's September 25, 2018, Minute Order by 
INTERNAL REVENUE SERVICE. (Hunsader, Joseph) (Entered: 10/16/2018) 

10/16/2018 


MINUTE ORDER: A conference call is hereby set for Friday, October 19, 2018, at 

9:30 a.m. to discuss scheduling. The Court ORDERS that the parties shall jointly call 
Chambers at (202) 354-3300 at this time (in Chambers). So ORDERED by Judge 

James E. Boasberg on 10/16/2018. (Icjeb2) (Entered: 10/16/2018) 

10/16/2018 


Set/Reset Hearings: Telephone Conference set for 10/19/2018 at 09:30 AM in 

Chambers before Judge James E. Boasberg. (znbn) (Entered: 10/16/2018) 

10/19/2018 


MINUTE ORDER: As discussed in today's conference call from chambers, the Court 
ORDERS that: 1) The parties shall submit a joint proposed briefing schedule regarding 
the Whistleblower Office search by October 22, 2018; 2) The Government will follow 
its proposed production schedule in the October 16, 2018, Status Report regarding the 
Bemont and Southgate files; and 3) The parties shall submit a joint status report about 
that production and briefing by April 5, 2019. So ORDERED by Judge James E. 
Boasberg on 10/19/2018. (Icjeb2) (Entered: 10/19/2018) 

10/19/2018 


Set/Reset Deadlines: Proposed Briefing Schedule due by 10/16/2018. Joint proposed 
briefing schedule regarding the Whistleblower Office search by 10/22/2018. Status 
Report due by 4/5/2019. (znbn) Modified on 10/22/2018 to correct date error (znbn). 
(Entered: 10/19/2018) 

10/22/2018 

56 

PROPOSED BRIEFING SCHEDULE / Joint Proposed Status Report and Briefing 
Schedule by BETH W. MONTGOMERY, THOMAS A. MONTGOMERY. 
(Attachments: # 1 Text of Proposed Order)(Boylan, Kim) (Entered: 10/22/2018) 

10/22/2018 


MINUTE ORDER: The Court ADOPTS the parties' 56 Joint Proposed Briefing 
Schedule and ORDERS that: 1) Plaintiffs shall file their Motion Challenging 

Sufficiency of Supplemental Whistleblower Office Declaration and Scope of Search 
by November 9, 2018; 2) Defendant shall file its Response to Plaintiffs' Motion by 
December 3, 2018; and 3) Plaintiffs shall file their Reply in support of their Motion by 
December 14, 2018. So ORDERED by Judge James E. Boasberg on 10/22/2018. 

(Icjeb2) (Entered: 10/22/2018) 

10/22/2018 


Set/Reset Deadlines: Motion Challenging Sufficiency of Supplemental Whistleblower 
Office Declaration and Scope of Search due by 11/9/2018. Responses due by 

12/3/2018. Replies due by 12/14/2018. (znbn) (Entered: 10/23/2018) 

10/26/2018 

57 

REDACTED DOCUMENT- Redacted Exhibits A, B, and C to replace Dkt. Nos. 

53-1, 53-2, and 53-3 to 53 Response to motion, by INTERNAL REVENUE 

SERVICE. (Attachments: # 1 Exhibit Redacted Exhibit B (to replace Dkt. No. 53-2, # 

2 Exhibit Redacted Exhibit C (to replace Dkt. No. 53-3))(Hunsader, Joseph) (Entered: 
10/26/2018) 

10/26/2018 

58 

REPLY to opposition to motion re 5J_ MOTION for Reconsideration re 50 
Memorandum & Opinion, 49 Order on Motion for Summary Judgment,,, MOTION for 
Hearing /Plaintiffs' Motion for Reconsideration and Opportunity to be Heard filed by 
BETH W. MONTGOMERY, THOMAS A. MONTGOMERY. (Attachments: # 1 
Exhibit A)(Boylan, Kim) (Entered: 10/26/2018) 

11/09/2018 

59 

MOTION to Compel Plaintiffs' Motion Challenging Sufficiency of Supplemental 
Whistleblower Office Declaration and Scope of Search by BETH W. 

MONTGOMERY, THOMAS A. MONTGOMERY (Attachments: # 1 Text of 

Proposed Order)(Boylan, Kim) Modified event title on 11/13/2018 (znmw). (Entered: 
11/09/2018) 

11/26/2018 

60 

Memorandum in opposition to re 59 MOTION to Compel re Sufficiency of 
Supplemental Whistleblower Office Declaration and Scope of Search filed by 
INTERNAL REVENUE SERVICE. (Attachments: # 1 Text of Proposed 
Order)(Hunsader, Joseph) (Entered: 11/26/2018)