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Microsoft Corporation v. Internal Revenue Service, Docket No. 2:15-cv-00369 (W.D. Wash. Mar 11, 2015), Court Docket
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Microsoft Corporation v. Internal Revenue Service

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Court Dockets
wawd
U.S. District Court
United States District Court for the Western District of Washington (Seattle)
CIVIL DOCKET FOR CASE #: 2:15-cv-00369-RSM

Microsoft Corporation v. Internal Revenue Service

DOCKET INFORMATION
Minimize
Date Filed: Mar 11, 2015
Nature of suit:895 Freedom of Information Act
Assigned to:Judge Ricardo S. Martinez
Cause:05:552 Freedom of Information Act
Jurisdiction:U.S. Government Defendant
Jury demand:None
Member cases:
2:15-cv-00850-RSM

Parties and Attorneys

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 Plaintiff
Microsoft Corporation
Plaintiff
Representation
Daniel A Rosen
BAKER & MCKENZIE LLP
452 FIFTH AVENUE
NEW YORK, NY 10018
(212) 626-4272
daniel.rosen@bakermckenzie.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
James M. O'Brien
BAKER & MCKENZIE (IL)
300 E RANDOLPH DR STE 5000
CHICAGO, IL 60601
(312) 861-8602
james.m.o'brien@bakermckenzie.com
TERMINATED: 11/17/2017
LEAD ATTORNEY
PRO HAC VICE
Andrea Delgadillo Ostrovsky
CALFO EAKES LLP
1301 SECOND AVE
STE 2800
SEATTLE, WA 98101-3808
(206) 407-2200
Fax: (206) 407-2224
andreao@calfoeakes.com
TERMINATED: 06/17/2021
Patricia A Eakes
CALFO EAKES LLP
1301 SECOND AVE
STE 2800
SEATTLE, WA 98101-3808
(206) 407-2227
Fax: (206) 407-2224
pattye@calfoeakes.com
ATTORNEY TO BE NOTICED

 Defendant
Internal Revenue Service
Defendant
Representation
Geoffrey Klimas
US DEPARTMENT OF JUSTICE (TAX - BOX 227)
PO BOX 227
BEN FRANKLIN STATION
WASHINGTON, DC 20044
(202) 307-6346
geoffrey.j.klimas@usdoj.gov
TAX DIVISION
ATTORNEY TO BE NOTICED
Richard J Hagerman
150 M ST NE
4CON STE 1.1109
WASHINGTON, DC 20002
(202) 616-9832
richard.j.hagerman@usdoj.gov
US DEPARTMENT OF JUSTICE - TAX DIVISION (CES)
TAX DIVISION
ATTORNEY TO BE NOTICED

Docket Entries

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EntryFiledPDFDescription
1Mar 11, 2015ViewCOMPLAINT for Declaratory and Injunctive Relief against defendant(s) Internal Revenue Service (Receipt # 0981-3939685) Attorney Patricia A Eakes added to party Microsoft Corporation(pty:pla), filed by Microsoft Corporation. (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 Exhibit I, # 10 Exhibit J, # 11 Civil Cover Sheet, # 12 Summons IRS, # 13 Summons Attorney General of the US, # 14 Summons US Attorney for the Western District of Washington)(Eakes, Patricia) (Entered: 03/11/2015)
2Mar 11, 2015RequestAPPLICATION OF ATTORNEY Daniel A. Rosen FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Microsoft Corporation (Fee Paid) Receipt No. 0981-3939764 (Eakes, Patricia) (Entered: 03/11/2015)
3Mar 11, 2015RequestAPPLICATION OF ATTORNEY James M. O'Brien FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Microsoft Corporation (Fee Paid) Receipt No. 0981-3939773 (Eakes, Patricia) (Entered: 03/11/2015)
4Mar 11, 2015RequestNOTICE of Related Case(s) 2:15-cv-00102-RSM; 2:15-cv-00103-RSM, by Plaintiff Microsoft Corporation. (Eakes, Patricia) (Entered: 03/11/2015)
5Mar 11, 2015RequestCORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Microsoft Corporation (Eakes, Patricia) (Entered: 03/11/2015)
6Mar 11, 2015RequestORDER re 2 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Daniel A Rosen for Microsoft Corporation, by William M. McCool. (NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d)). (No document associated with this docket entry, text only.)(DS) (Entered: 03/11/2015)
7Mar 11, 2015RequestORDER re 3 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney James M. O'Brien for Microsoft Corporation, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 03/11/2015)
Mar 12, 2015Judge Ricardo S Martinez added. (ST) (Entered: 03/12/2015)
8Mar 12, 2015RequestSummons electronically issued as to defendant(s) Internal Revenue Service, Attorney General of the United States and United States Attorney for the Western District of Washington. (Attachments: # 1 Summons, # 2 Summons)(ST) (Entered: 03/12/2015)
9Mar 16, 2015RequestAFFIDAVIT of Service of Summons and Complaint on on 3/12/2015, filed by Plaintiff Microsoft Corporation. (Eakes, Patricia) (Entered: 03/16/2015)
10Mar 24, 2015RequestAFFIDAVIT of Mailing of Summons and Complaint to Attorney General of the United States on 3/12/2015, filed by Plaintiff Microsoft Corporation. (Eakes, Patricia) (Entered: 03/24/2015)
11May 18, 2015RequestANSWER to 1 Complaint,, Attorney Richard J Hagerman added to party Internal Revenue Service(pty:dft) by Internal Revenue Service.(Hagerman, Richard) (Entered: 05/18/2015)
12May 21, 2015RequestORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 7/2/2015, FRCP 26f Conference Deadline is 6/18/2015, Initial Disclosure Deadline is 6/25/2015, by Judge Ricardo S. Martinez. (LW) (Entered: 05/21/2015)
13Jun 1, 2015ViewAMENDED ANSWER to 1 Complaint,, by Internal Revenue Service. (Hagerman, Richard) (Entered: 06/01/2015)
14Jun 19, 2015ViewREVISED ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT: By stipulation of counsel, the initial scheduling deadlines are continued 60 days as follows: Joint Status Report due by 9/1/2015, Initial Disclosure Deadline is 8/25/2015, by Judge Ricardo S. Martinez. (LW) (Entered: 06/19/2015)
15Aug 13, 2015ViewSTIPULATION AND PROPOSED ORDER Consolidating Related Cases by parties (Eakes, Patricia) (Entered: 08/13/2015)
16Aug 18, 2015ViewSTIPULATION AND ORDER CONSOLIDATING RELATED CASES; C15-369 RSM is consolidated with C15-850 RSM by Judge Ricardo S Martinez. (PM) (Entered: 08/19/2015)
17Sep 1, 2015ViewJOINT STATUS REPORT signed by all parties estimated Trial Days: 1. (Eakes, Patricia) (Entered: 09/01/2015)
18Sep 4, 2015ViewSUPPLEMENT re 17 Joint Status Report Supplemental Joint Status Report by Plaintiff Microsoft Corporation (Eakes, Patricia) (Entered: 09/04/2015)
Oct 8, 2015Set Hearings: Telephone Conference set for 10/20/2015 at 10:00 AM before Judge Ricardo S. Martinez. (LW) (Entered: 10/08/2015)
19Oct 16, 2015RequestNOTICE of Appearance by attorney Geoffrey Klimas on behalf of Defendant Internal Revenue Service. (Klimas, Geoffrey) (Entered: 10/16/2015)
20Oct 20, 2015RequestMINUTE ENTRY for proceedings held before Judge Ricardo S Martinez- Dep Clerk: Laurie Cuaresma; Pla Counsel: Dan Rosen, Patricia Eakes; Def Counsel: Richard Hagerman, Geoffrey Klimas; Time of Hearing: 10:00 AM; Telephone Conference held on 10/20/2015. Court hears from counsel regarding schedule of document production. As the parties are working in good faith to resolve the dispute, the Court suggests a monthly document production release, and directs the parties to revisit the status of production in 90 days. (LC) (Entered: 10/20/2015)
21Jan 15, 2016ViewSTATEMENT by Defendants Internal Revenue Service, Internal Revenue Service (Hagerman, Richard) (Entered: 01/15/2016)
22Jan 19, 2016ViewJoint STATUS REPORT by Plaintiff Microsoft Corporation (Eakes, Patricia) (Entered: 01/19/2016)
23Mar 25, 2016RequestSTATEMENT re 21 Statement, by Defendant Internal Revenue Service (Hagerman, Richard) (Entered: 03/25/2016)
24Apr 21, 2016RequestJoint STATUS REPORT by Plaintiff Microsoft Corporation (Eakes, Patricia) (Entered: 04/21/2016)
25Jul 21, 2016ViewJoint STATUS REPORT by Plaintiff Microsoft Corporation (Eakes, Patricia) (Entered: 07/21/2016)
26Oct 19, 2016ViewJOINT STATUS REPORT signed by all parties (Eakes, Patricia) (Entered: 10/19/2016)
27Jan 17, 2017ViewJOINT STATUS REPORT signed by all parties (Eakes, Patricia) (Entered: 01/17/2017)
28Jan 25, 2017ViewNOTICE of Change of Address/Change of Name of Attorney Patricia A Eakes. Filed by Plaintiff Microsoft Corporation. (Eakes, Patricia) Modified Address/Phone Numbers on 1/25/2017 (DS). (Entered: 01/25/2017)
29Apr 17, 2017ViewJoint STATUS REPORT by Plaintiff Microsoft Corporation (Eakes, Patricia) (Entered: 04/17/2017)
30Jul 17, 2017ViewJoint STATUS REPORT by Plaintiffs Microsoft Corporation, Microsoft Corporation (Eakes, Patricia) (Entered: 07/17/2017)
31Oct 16, 2017ViewJoint STATUS REPORT by Plaintiff Microsoft Corporation (Eakes, Patricia) (Entered: 10/16/2017)
32Nov 17, 2017RequestNOTICE OF WITHDRAWAL OF COUNSEL: Attorney James M. O'Brien for Plaintiff Microsoft Corporation. (Ostrovsky, Andrea) (Entered: 11/17/2017)
33Nov 17, 2017ViewJoint STATUS REPORT by Plaintiff Microsoft Corporation (Ostrovsky, Andrea) (Entered: 11/17/2017)
34Dec 18, 2017ViewJoint STATUS REPORT by Plaintiff Microsoft Corporation (Ostrovsky, Andrea) (Entered: 12/18/2017)
35Jan 17, 2018ViewJoint STATUS REPORT by Plaintiff Microsoft Corporation (Ostrovsky, Andrea) (Entered: 01/17/2018)
36Feb 16, 2018RequestJoint STATUS REPORT by Plaintiff Microsoft Corporation (Ostrovsky, Andrea) (Entered: 02/16/2018)
37Mar 19, 2018ViewJoint STATUS REPORT by Plaintiff Microsoft Corporation (Ostrovsky, Andrea) (Entered: 03/19/2018)
38Apr 24, 2018ViewJoint STATUS REPORT by Plaintiff Microsoft Corporation (Ostrovsky, Andrea) (Entered: 04/24/2018)
39May 30, 2018ViewJoint STATUS REPORT by Plaintiff Microsoft Corporation (Ostrovsky, Andrea) (Entered: 05/30/2018)
40Jul 3, 2018RequestJOINT STATUS REPORT signed by all parties (Eakes, Patricia) (Entered: 07/03/2018)
41Aug 6, 2018ViewJOINT STATUS REPORT signed by all parties estimated Trial Days: 90. (Ostrovsky, Andrea) (Entered: 08/06/2018)
42Nov 19, 2018ViewJOINT STATUS REPORT signed by all parties estimated Trial Days: 90. (Ostrovsky, Andrea) (Entered: 11/19/2018)
43Mar 3, 2020RequestThe following MINUTE ORDER is made by direction of the Court, the Honorable Ricardo S. Martinez, Chief United States District Judge: The last Joint Status Report in this matter was filed in November of 2018. The parties are now DIRECTED to file a joint status report explaining the status of this case and advising whether this case can be closed. This joint status report is due no later than fourteen (14) days from the date of this Minute Order. (COB) (Entered: 03/03/2020)
44Mar 17, 2020ViewJOINT STATUS REPORT signed by all parties. Estimated Trial Days: 90. (Eakes, Patricia) (Entered: 03/17/2020)
45Mar 18, 2020ViewJOINT STATUS REPORT AND ORDER REGARDING CASE SCHEDULE re: 44 Joint Status Report. The following schedule is adopted: Defendant to provide declaration(s) concerning the adequacy of its search to the Plaintiff by 8/31/2020; Defendant to complete Vaughn index and provide to the Plaintiff by 11/30/2020; Plaintiff to complete list of challenges to Defendant's exemption claims on records withheld in part and provide to Defendant by 11/30/2020; Plaintiff to identify any remaining outstanding issues requiring briefing to Defendant by 2/14/2021; Defendant's motions for summary judgment (or stipulated dismissals) filed with the Court by 3/31/2021. Signed by Judge Ricardo S. Martinez. (PM) (Entered: 03/18/2020)
46Mar 27, 2021RequestJoint MOTION for Extension of Time , filed by Defendant Internal Revenue Service. (Hagerman, Richard) (Entered: 03/27/2021)
Mar 27, 2021Noting Date Set re parties' 46 Joint MOTION for Extension of Time : Noting Date 3/27/2021, per LCR 7(d)(1). (PM) (Entered: 03/29/2021)
47Mar 29, 2021RequestORDER granting the parties' 46 Joint Motion to Extend Time Regarding Case Schedule. The IRS to provide draft revised declarations: June 15, 2021; The IRS to provide draft revised Vaughn indices: August 13, 2021; The IRS to file its motion for summary judgment: September 13, 2021. Signed by Judge Ricardo S. Martinez. (PM) (Entered: 03/29/2021)
48Jun 15, 2021RequestUnopposed MOTION for Extension of Time , filed by Defendants Internal Revenue Service, Internal Revenue Service. (Attachments: # 1 Proposed Order)(Hagerman, Richard) (Entered: 06/15/2021)
49Jun 16, 2021RequestORDER granting the parties' 48 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 summaryjudgment by 9/13/2021. Signed by Judge Ricardo S. Martinez. (PM) (Entered: 06/16/2021)
50Jun 17, 2021RequestNOTICE OF WITHDRAWAL OF COUNSEL: Attorney Andrea Delgadillo Ostrovsky for Plaintiff Microsoft Corporation. (Eakes, Patricia) (Entered: 06/17/2021)
51Aug 12, 2021RequestUnopposed MOTION for Extension of Time (Second Consent Motion), filed by Defendant Internal Revenue Service. (Attachments: # 1 Proposed Order)(Ho, Stephen) (Entered: 08/12/2021)
52Aug 13, 2021RequestORDER granting the Parties' 51 Second Consent Motion Regarding Case Schedule. The IRS to provide draft revised Vaughn indices by 8/27/2021. The IRS to file its motion for summary judgment by 10/29/2021. Signed by Judge Ricardo S. Martinez. (PM) (Entered: 08/13/2021)
53Sep 17, 2021RequestUnopposed MOTION for Extension of Time (Third Consent Motion), filed by Defendant Internal Revenue Service. (Attachments: # 1 Proposed Order)(Ho, Stephen) (Entered: 09/17/2021)
54Sep 17, 2021RequestORDER granting Parties' 53 Third Consent Motion Regarding Case Schedule. The IRS to file its motion for summary judgment by 12/3/2021. Signed by Judge Ricardo S. Martinez. (SB) (Entered: 09/17/2021)
55Dec 2, 2021ViewUnopposed MOTION for Extension of Time (Fourth Consent Motion), filed by Defendant Internal Revenue Service. (Attachments: # 1 Proposed Order)(Ho, Stephen) (Entered: 12/02/2021)
56Dec 6, 2021RequestORDER re Defendant's 55 Unopposed Motion for Extension of Time. The Court extends the deadline for filing a motion for summary judgment up to and including 1/28/2022. Signed by Judge Ricardo S. Martinez. (SB) (Entered: 12/06/2021)
57Jan 27, 2022RequestUnopposed MOTION for Extension of Time (Fifth Consent Motion), filed by Defendant Internal Revenue Service. (Attachments: # 1 Proposed Order)(Ho, Stephen) (Entered: 01/27/2022)
58Jan 28, 2022RequestORDER granting Parties' 57 Fifth Unopposed Motion Regarding Case Schedule. The remaining deadline for the filing of IRS's motion for summary judgment is extended up to and including 3/29/2022. Signed by Judge Ricardo S. Martinez. (SB) (Entered: 01/28/2022)
59Mar 25, 2022RequestUnopposed MOTION for Extension of Time (Sixth Consent Motion), filed by Defendant Internal Revenue Service. (Attachments: # 1 Proposed Order)(Ho, Stephen) (Entered: 03/25/2022)
60Mar 30, 2022RequestORDER granting in part Defendant's 59 Unopposed Motion for Extension of Time. The remaining deadline for the filing of IRS's motion for summary judgment is extended up to and including 4/29/2022. This will be the last extension. Signed by Judge Ricardo S. Martinez. (SB) (Entered: 03/30/2022)
61Apr 26, 2022RequestMOTION for Leave to File Over-length Motions and Briefs , filed by Defendant Internal Revenue Service. (Attachments: # 1 Proposed Order) Noting Date 4/26/2022, (Ho, Stephen) (Entered: 04/26/2022)
62Apr 26, 2022RequestORDER granting Defendant's 61 Motion for Leave to File Over-length Brief. The IRS may file a motion for summary judgment not to exceed 33 pages. Signed by Judge Ricardo S. Martinez. (SB) (Entered: 04/26/2022)
63Apr 29, 2022RequestMOTION for Summary Judgment , filed by Defendant Internal Revenue Service. (Attachments: # 1 Exhibit Declaration of Jamie Hartford, # 2 Exhibit Hartford Decl. Exs. A - J, # 3 Exhibit Second Declaration of Jamie Hartford, # 4 Exhibit Hartford 2d Decl. Exs. A - B, # 5 Exhibit Declaration of Chris Valvardi, # 6 Exhibit Valvardi Decl. Ex. 1, # 7 Exhibit Second Declaration of Chris Valvardi, # 8 Exhibit Valvardi 2d Decl. Exs. A - V, # 9 Exhibit Declaration of Walter Choi, # 10 Exhibit Choi Decl. Exs. A - B) Noting Date 6/27/2022, (Ho, Stephen) (Entered: 04/29/2022)
64May 12, 2022RequestStipulated MOTION and [Proposed] Order for Extension of Time to File Plaintiff's Response to Defendant's Motion for Summary Judgment, filed by Plaintiff Microsoft Corporation. Noting Date 5/12/2022, (Eakes, Patricia) (Entered: 05/12/2022)
65May 17, 2022RequestORDER re Parties' 64 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) (Entered: 05/17/2022)

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