Hohman v. IRS, No. 16-13282, 2018 WL 339882 (E.D. Mich. Jan. 8, 2018) (Roberts, J.)
Re: Requests for records concerning plaintiff's claims that defendant violated Right to Financial Privacy Act, Privacy Act of 1974, United States Constitution, and other federal statutes
Disposition: Adopting Magistrate Judge's report and recommendation; granting in part and denying in part defendant's motion for summary judgment
- Litigation Considerations, Mootness and Other Grounds for Dismissal: The court finds that "[plaintiff's] FOIA claim against the IRS is dismissed as moot[.]" The Magistrate Judge previously noted that "'[p]laintiff agrees that the Internal Revenue Service did, after this suit was filed, produce all the records requested that should have been produced[.]'"
- Litigation Considerations, "Reasonably Segregable" Requirements: The court finds that "TIGTA is directed to produce a Vaughn index that describes each of the documents withheld and the reasons why those documents are non-segregable in sufficient detail to allow the court to make an independent assessment of its claims for non-segregability." The Magistrate Judge previously found that "TIGTA's conclusory statement that none of the information in the entire file is segregable is unconvincing and insufficient to satisfy TIGTA's burden with respect to showing non-segregability of the withheld records."