Abuhouran v. Nicklin

3 Citing cases

  1. Owens v. Republic of Sudan

    Civil Action No. 01-2244 (JDB) (D.D.C. Jan. 14, 2021)   Cited 1 times

    The government's logic makes sense here because severance results in the creation of separate cases that are treated as "discrete unit[s]" from one another. See Wultz v. Islamic Republic of Iran, 762 F. Supp. 2d 18, 32-33 (D.D.C. 2011) (quoting Disparte v. Corp. Exec. Bd., 223 F.R.D. 7, 12 (D.D.C. 2004)); see also M.M.M., 319 F. Supp. 3d at 295 ("Severed claims become independent actions that proceed separately and result in separate judgments."); Abuhouran v. Nicklin, 764 F. Supp. 2d 130, 132 (D.D.C. 2011) (explaining that severing claims creates "separate cases"). Hence, because Plaintiffs' Funds-related claims, once severed, become independent cases, the Court will evaluate them as such when applying the related case rule.

  2. Owens v. Republic of Sudan

    Civil Action No. 01-2244 (JDB) (D.D.C. Dec. 23, 2020)

    The government's logic makes sense here because severance results in the creation of separate cases that are treated as "discrete unit[s]" from one another. See Wultz v. Islamic Republic of Iran, 762 F. Supp. 2d 18, 32-33 (D.D.C. 2011) (quoting Disparte v. Corp. Exec. Bd., 223 F.R.D. 7, 12 (D.D.C. 2004)); see also M.M.M., 319 F. Supp. 3d at 295 ("Severed claims become independent actions that proceed separately and result in separate judgments."); Abuhouran v. Nicklin, 764 F. Supp. 2d 130, 132 (D.D.C. 2011) (explaining that severing claims creates "separate cases"). Hence, because Plaintiffs' Funds proceeding, once severed, becomes an independent case, the Court will evaluate it as such when applying the related case rule.

  3. Montgomery v. Internal Revenue Serv.

    292 F. Supp. 3d 391 (D.D.C. 2018)   Cited 7 times
    Noting the enforceability of the Release in this plaintiff's case when he was before the Southern District of Ohio, which was affirmed by the Sixth Circuit

    FOIA "confers a right on any person to receive [requested] records" subject to applicable exemptions. Feinman v. FBI, 680 F.Supp.2d 169, 173 (D.D.C. 2010) (quoting Halperin v. CIA, 629 F.2d 144, 153 (D.C. Cir. 1980) ). Whether the IRS "properly searched for and disclosed records to Plaintiff[s] in response to a FOIA request simply has nothing to do" with whether the Montgomerys took valid deductions in relation to their partnerships or even whether an informant blew the whistle on them. Abuhouran v. Nicklin, 764 F.Supp.2d 130, 133 (D.D.C. 2011) (separating FOIA claim against agency from constitutional claims as misjoined). The "nucleus of facts," Page, 729 F.2d at 820, that the Court will need to consider in adjudicating Plaintiffs' FOIA claim—i.e. , whether the IRS's search was adequate and its claimed exemptions appropriate—is wholly different from what the previous courts assessed—namely, the Montgomerys' correct tax liability. The present suit is, therefore, not barred by res judicata .IV. Conclusion