Waage

Waage v. Internal Revenue Service

Good Law
656 F. Supp. 2d 1235·2009 WL 2966075·104 A.F.T.R.2d (RIA) 5989·2009 U.S. Dist. LEXIS 90017
United States District Court, Southern District of CaliforniaJuly 15, 20093:08-cr-02065California2,230 words

Opinion

Opinion

Huff, J.

ORDER DENYING PLAINTIFF’S MOTION FOR ATTORNEY FEES

On May 28, 2009, Plaintiff Scott Waage filed a motion for attorney fees. (Doc. No. 11.) Defendant filed a response in opposition to Plaintiffs motion for attorney’s fees on June 22, 2009. (Doc. No. 13.) Plaintiff has not filed a reply in support of his motion. On June 25, 2009, the Court submitted Plaintiffs motion for attorney fees on the papers under Local Rule 7.1(d)(1). (Doc. No. 15.) For the following reasons, the Court denies Plaintiffs motion for attorney’s fees.

Background

On or about June 4, 2008, Plaintiff Scott Waage sent two letters to the Internal Revenue Service (“IRS”) requesting certain documents pertaining to pending IRS investigations of him and his law firm under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 . (Compl. ¶¶5, 6.) On July 1, 2008, the IRS responded to these requests and delivered more than 1300 pages of documents to Plaintiff. (Compl. ¶ 7.) Plaintiff argues that the IRS’s response was inadequate because it refused to produce certain documents to which Plaintiff was entitled. (Compl. ¶ 8.)

On July 24, 2008, Plaintiff filed an administrative appeal of the IRS’s disclosure decision.…

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