Citizens for A Strong New Hampshire v. IRS, No. 14-487, 2016 WL 5108035 (D.N.H. Sept. 20, 2016) (McCafferty, J.)
Re: Request for certain communications between New Hampshire Senator and Congresswoman and three IRS officials
Disposition: Denying plaintiff's motion for attorney fees
- Attorney Fees, Eligibility: The court holds that "[n]either the IRS's disclosure of information after [plaintiff] filed suit, nor its supplemental search for information after the court ruled on the parties' cross motions for summary judgment, made [plaintiff] a prevailing party[.]" The court finds that "the IRS had substantially completed its processing of [plaintiff's] request before [plaintiff] filed suit." "That demonstrates that [plaintiff's] suit did not have a causative effect on the IRS's disclosure." Additionally, the court finds that "because the IRS's supplemental search did not result in the production of any records beyond those identified by its initial search, the mere fact that the IRS conducted the supplemental search does not make [plaintiff] a prevailing party[.]" The court finds that "[b]ecause [plaintiff] is not a prevailing party, it is not eligible for an award of attorneys' fees and costs." "Because [plaintiff] is not eligible for an award of fees and costs, the court need not address the question of whether [plaintiff] would be entitled to such an award."