Erika A. Kellerhals, P.C. v. Internal Revenue Service
Federal Civil Lawsuit Virgin Islands District Court, Case No. 3:09-cv-00090-CVG-RM
District Judge Curtis V. Gomez, presiding

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Last Updated July 10, 2019 at 12:43 AM DT (2.1 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Erika A. Kellerhals, P.C., Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Erika Ann Kellerhals +1 340 779 2564 +1 340 774 3019 ekellerhals@kffklaw.com
v.
United States Department of the Treasury, Internal Revenue Service United States Department of the Treasury, Internal Revenue Service, Defendant
Officially listed as "Internal Revenue Service"

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Joycelyn Hewlett +1 340 774 5757 +1 340 776 3474 joycelyn.hewlett@usdoj.gov
Space Gerald Alan Role +1 202 307 0461 +1 202 514 6866 gerald.a.role@usdoj.gov
Citation Section 05 U.S.C. § 552
Nature of Suit 895 - Freedom of Information Act
Office St. Thomas Division
Filed 6/23/2009
Jury Demand None
Demand
Jurisdiction U.S. Government Defendant
Disposition Transfer/Remand - Transfer to Another District
County St. Thomas
Terminated 10/12/2011
Origin 1
Reopened
Lead Case
None
Related Case
None
Other Court Case None
Defendant Custody Status
Flag CLOSED
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Legal Document (Payment Possibly Required) 36 Filed: 10/20/2011, Entered: 10/20/2011 transcriptCourt Filing
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on August 25, 2011, before Judge CURTIS GOMEZ. Court Reporter/Transcriber CHANDRA R. KEAN, RMR, Telephone number (340)774-9112. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/14/2011. Redacted Transcript Deadline set for 11/24/2011. Release of Transcript Restriction set for 1/23/2012. (Kean, Chandra)
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    Legal Document (Payment Possibly Required) 35 Filed: 10/12/2011, Entered: 10/12/2011 OrderCourt Filing
    AMENDED JUDGMENT (CVG) The Report and Recommendation of the Magistrate Judge is hereby ADOPTED; Kellerhals's motion for summary judgment is GRANTED in part and DENIED in part; the IRS shall disclose all requested documents not falling within a permissible exemption as outlined by the Courts Memorandum Opinion; in addition to the documents previously disclosed, the IRS shall disclose the portions of FER-N19-000410 which contain factual material; the IRSs motion for summary judgment is GRANTED in part and DENIED in part; the IRS need not disclose any requested documents falling within a permissible exemption as outlined by the Courts Memorandum Opinion. (DHK)
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      Blank 34 Filed: 9/30/2011, Entered: 9/30/2011 Memorandum/OpinionCourt Filing
      MEMORANDUM OPINION(CVG) The Report and Recommendation of the Magistrate Judge is hereby ADOPTED; Kellerhals's motion for summary judgment is GRANTED in part and DENIED in part; the IRS shall disclose all requested documents not falling into a permissible exemption as outlined by the Court's Memorandum Opinion; the IRS's motion for summary judgment is GRANTED in part and DENIED in part; in addition to the documents previously disclosed, the IRS shall disclose the portions of FER-N19-000410 which contain factual material.(DHK)
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        Legal Document (Payment Possibly Required) 33 Filed: 9/30/2011, Entered: 9/30/2011 Order on motion for summary judgmentCourt Filing
        JUDGMENT (CVG) The Report and Recommendation of the Magistrate Judge is hereby ADOPTED; Kellerhals's [17] motion for summary judgment is GRANTED in part and DENIED in part; IRS shall disclose all requested documents not falling into a permissible exemption as outlined by the Court's Memorandum Opinion; the IRS's [22] motion for summary judgment is GRANTED in part and DENIED in party; in addition to the documents previously disclosed, the IRS shall disclose the portions of FER-N19-000410 which contain factual material. (DHK) (DHK)
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          Legal Document (Payment Possibly Required) 32 Filed: 9/30/2011, Entered: 9/30/2011 Order
          REPORT AND RECOMMENDATION related to Summary Judgment. (RM) (AO)
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            Legal Document 31 Filed: 9/26/2011, Entered: 9/26/2011 Order on motion to compel
            ORDER (RM) denying [9] Motion to Compel. (AO)
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              Legal Document (Payment Possibly Required) 30 Filed: 8/25/2011, Entered: 8/25/2011 Motion HearingCourt Filing
              Minute Entry for proceedings held before Chief Judge Curtis V Gomez: Motion Hearing held on 8/25/2011 re [22] Cross MOTION for Summary Judgment filed by Erika A. Kellerhals, P.C., [17] MOTION for Summary Judgment filed by Internal Revenue Service. (Court Reporter Chandra Kean.) (LT)
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                Blank 29 Filed: 8/2/2011, Entered: 8/2/2011 OrderCourt Filing
                ORDER (CVG). It is hereby ORDERED that a hearing on all dispositive motions in this matter is SCHEDULED to commence promptly at 10:00 a.m. on August 25, 2011. (Hearing set for 8/25/2011 10:00 AM in District Judge Ctrm1-STT before Chief Judge Curtis V Gomez.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (SED)
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                  Legal Document (Payment Possibly Required) 28 Filed: 3/22/2011, Entered: 3/22/2011 Reply to
                  REPLY to re [26] Reply to filed by Defendant Internal Revenue Service REPLY TO RESPONSE TO COUNTERSTATEMENT OF MATERIAL FACTS IN SUPPORT OF CROSS MOTION FOR SUMMARY JUDGMENT filed by Plaintiff Erika A. Kellerhals, P.C.. Responses due by 4/4/2011 (Attachments: # (1) Exhibit A Nov 30, 2010 Letter With Objections, # (2) Exhibit B Dec 12, 2010 Letter with Supplemental Objections, # (3) Exhibit C Defendants Response to Objections) (Kellerhals, Erika)
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                    Legal Document (Payment Possibly Required) 27 Filed: 3/8/2011, Entered: 3/8/2011 Certificate of service
                    CERTIFICATE OF SERVICE by Internal Revenue Service re [26] Reply to, [25] Reply to Opposition to Motion (Role, Gerald)
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                      Legal Document (Payment Possibly Required) 26 Filed: 3/8/2011, Entered: 3/8/2011 Reply to
                      REPLY to re [23] Statement of Undisputed Facts in Support of Motion filed by Plaintiff Erika A. Kellerhals, P.C. filed by Defendant Internal Revenue Service. Responses due by 3/21/2011 (Role, Gerald)
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                        Legal Document (Payment Possibly Required) 25 Filed: 3/8/2011, Entered: 3/8/2011 Reply to opposition to Motion
                        REPLY to Opposition to Motion re [17] MOTION for Summary Judgment filed by Defendant Internal Revenue Service. (Attachments: # (1) Affidavit 3d Declaration of James G. Hartford) (Role, Gerald)
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                          Legal Document (Payment Possibly Required) 24 Filed: 2/22/2011, Entered: 2/22/2011 Memorandum in Support to Motion
                          MEMORANDUM in Support re [22] Cross MOTION for Summary Judgment, [17] MOTION for Summary Judgment filed by Plaintiff Erika A. Kellerhals, P.C.. (Kellerhals, Erika)
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                            Legal Document (Payment Possibly Required) 23 Filed: 2/22/2011, Entered: 2/22/2011 Statement of Undisputed Facts in Support of Motion
                            STATEMENT OF UNDISPUTED FACTS in Support re [22] Cross MOTION for Summary Judgment, [17] MOTION for Summary Judgment filed by Plaintiff Erika A. Kellerhals, P.C.. (Kellerhals, Erika)
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                              Legal Document (Payment Possibly Required) 22 Filed: 2/22/2011, Entered: 2/22/2011, Terminated: 9/30/2011 Motion for summary judgment
                              Cross MOTION for Summary Judgment by Plaintiff Erika A. Kellerhals, P.C.. (Kellerhals, Erika)
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                                Legal Document (Payment Possibly Required) 21 Filed: 2/22/2011, Entered: 2/22/2011 Opposition to Motion
                                Opposition to Motion re [17] MOTION for Summary Judgment filed by Plaintiff Erika A. Kellerhals, P.C.. (Kellerhals, Erika)
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                                  Legal Document (Payment Possibly Required) 20 Filed: 2/1/2011, Entered: 2/1/2011 Certificate of service
                                  CERTIFICATE OF SERVICE by Internal Revenue Service re [18] Statement of Undisputed Facts in Support of Motion, [19] Memorandum in Support to Motion, [17] MOTION for Summary Judgment (Role, Gerald)
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                                    Legal Document (Payment Possibly Required) 19 Filed: 2/1/2011, Entered: 2/1/2011 Memorandum in Support to Motion
                                    MEMORANDUM in Support re [17] MOTION for Summary Judgment filed by Defendant Internal Revenue Service. (Role, Gerald)
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                                      Legal Document (Payment Possibly Required) 18 Filed: 2/1/2011, Entered: 2/1/2011 Statement of Undisputed Facts in Support of Motion
                                      STATEMENT OF UNDISPUTED FACTS in Support re [17] MOTION for Summary Judgment filed by Defendant Internal Revenue Service. (Role, Gerald)
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                                        Legal Document (Payment Possibly Required) 17 Filed: 2/1/2011, Entered: 2/1/2011, Terminated: 9/30/2011 Motion for summary judgment
                                        MOTION for Summary Judgment by Defendant Internal Revenue Service. (Attachments: # (1) Affidavit Declaration of Janice Rudolph, # (2) Affidavit Declaration of Susan L. Hartford, # (3) Affidavit Declaration of James Book, # (4) Affidavit Declaration of Eric LoPresti, # (5) Affidavit Declaration of John David Varley, # (6) Affidavit Declaration of Michael Damasiewicz, # (7) Affidavit Declaration of James G. Hartford, # (8) Affidavit 2d Declaration of James G. Hartford, # (9) Affidavit Declaration of Douglas W. O'Donnell, # (10) Affidavit 2d Declaration of Gerald A. Role) (Role, Gerald)
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                                          Legal Document (Payment Possibly Required) 16 Filed: 1/27/2011, Entered: 1/27/2011 Pretrial Conference - InterimCourt Filing
                                          Minute Order (RM). Proceedings held in Chambers before Magistrate Judge Ruth Miller: Interim Pretrial Conference held on 1/27/2011. (AO)
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                                            Legal Document (Payment Possibly Required) 15 Filed: 1/19/2011, Entered: 1/19/2011 Notice - other
                                            NOTICE of Service of Plaintiff's First Set of Interrogatories to Defendant by Erika A. Kellerhals, P.C. (Kellerhals, Erika)
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                                              Legal Document (Payment Possibly Required) 14 Filed: 12/1/2010, Entered: 12/1/2010 Pretrial Conference - InterimCourt Filing
                                              Minute Order. Proceedings held in Chambers before Magistrate Judge Ruth Miller: Interim Pretrial Conference held on 12/1/2010, (Status Conference set for 1/27/2011 10:00 AM in Chambers before Magistrate Judge Ruth Miller.). (AO)
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                                                Legal Document (Payment Possibly Required) 13 Filed: 10/27/2010, Entered: 10/27/2010 Reply to
                                                REPLY to re [11] Opposition to Motion filed by Defendant Internal Revenue Service filed by Plaintiff Erika A. Kellerhals, P.C.. Responses due by 11/9/2010 (Kellerhals, Erika)
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                                                  Legal Document (Payment Possibly Required) 12 Filed: 10/21/2010, Entered: 10/21/2010 Pretrial Conference - InterimCourt Filing
                                                  Minute Order (RM). Proceedings held in Chambers before Magistrate Judge Ruth Miller: Interim Pretrial Conference held on 10/21/2010, (Status Conference set for 12/1/2010 at 02:00 PM in Chambers before Magistrate Judge Ruth Miller.). (AO)
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                                                    Legal Document (Payment Possibly Required) 11 Filed: 10/20/2010, Entered: 10/20/2010 Opposition to Motion
                                                    Opposition to Motion re [9] MOTION to Compel Production of Documents & for Sanctions filed by Defendant Internal Revenue Service. (Attachments: # (1) Declaration of Gerald A. Role, # (2) Certificate of Service) (Role, Gerald)
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                                                      Legal Document (Payment Possibly Required) 10 Filed: 9/10/2010, Entered: 9/10/2010 Memorandum in Support to Motion
                                                      MEMORANDUM in Support re [9] MOTION to Compel Production of Documents & for Sanctions filed by Plaintiff Erika A. Kellerhals, P.C.. (Kellerhals, Erika)
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                                                        Legal Document (Payment Possibly Required) 9 Filed: 9/10/2010, Entered: 9/10/2010, Terminated: 9/26/2011 Motion to compel
                                                        MOTION to Compel Production of Documents & for Sanctions by Plaintiff Erika A. Kellerhals, P.C.. (Attachments: # (1) Text of Proposed Order) (Kellerhals, Erika)
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                                                          Legal Document (Payment Possibly Required) 8 Filed: 8/26/2010, Entered: 8/26/2010 Pretrial Conference - InterimCourt Filing
                                                          Minute Order. Proceedings held in Chambers before Magistrate Judge Ruth Miller: Interim Pretrial Conference held on 8/24/2010, (Status Conference set for 10/21/2010 at 11:00 AM in Chambers before Magistrate Judge Ruth Miller.). (AO) Modified on 8/27/2010 (JRC).
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                                                            Blank  Case Assigned/Reassigned
                                                            Case Reassigned to Magistrate Judge Ruth Miller. US Magistrate Judge Geoffrey W. Barnard no longer assigned to the case. (TRH)
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                                                              Blank 7 Filed: 8/13/2010, Entered: 8/13/2010 Scheduling OrderCourt Filing
                                                              SCHEDULING ORDER:(RM) dated 8/13/10 Status Conference set for 8/24/2010 11:00 AM in Chambers before Magistrate Judge Ruth Miller.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (SLR)
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                                                                Legal Document (Payment Possibly Required) 6 Filed: 12/14/2009, Entered: 12/14/2009 Notice of appearance
                                                                NOTICE of Appearance by Joycelyn Hewlett on behalf of Defendant Internal Revenue Service (Hewlett, Joycelyn)
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                                                                  Legal Document (Payment Possibly Required) 5 Filed: 8/28/2009, Entered: 8/28/2009 Answer
                                                                  ANSWER to [1] Complaint, by Defendant Internal Revenue Service. (Role, Gerald)
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                                                                    Legal Document (Payment Possibly Required) 4 Filed: 7/13/2009, Entered: 7/13/2009 Affidavit of Service
                                                                    AFFIDAVIT of Service for Summons & Complaint served on Internal Revenu Service/US Attorney on July 5, 2009/July 8, 2009, filed by Erika A. Kellerhals, P.C.. (Attachments: # (1) Affidavit Affidavit of Service) (Kellerhals, Erika)
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                                                                      Legal Document (Payment Possibly Required) 3 Filed: 7/13/2009, Entered: 7/13/2009 Certificate of service
                                                                      CERTIFICATE OF SERVICE by Erika A. Kellerhals, P.C. (Kellerhals, Erika)
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                                                                        Legal Document (Payment Possibly Required) 2 Filed: 6/30/2009, Entered: 6/30/2009 Summons issued
                                                                        Summons Issued as to Internal Revenue Service. (JRC)
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                                                                          Blank  Filing Fee Received
                                                                          Filing fee: $ 50.00, receipt number 065810 (JRC)
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                                                                            Legal Document 1 Filed: 6/23/2009, Entered: 6/23/2009 Complaint
                                                                            COMPLAINT for Declaratory Judgment and Injunctive Relief against Internal Revenue Service filed by Erika A. Kellerhals, P.C.. (Attachments: # (1) Exhibit Foia Request, # (2) Exhibit Initial Reponse to FOIA Request, # (3) Exhibit Second Request from IRS requesting Additional Time, # (4) Civil Cover Sheet Civil Cover Sheet, # (5) Summons to IRS) (Kellerhals, Erika)
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