Case 1:13-cv-01225-ABJ Document 48 Filed 02/24/15 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA
CAUSE OF ACTION,

)
)
Plaintiff,
)
)
v.
)
)
TREASURY INSPECTOR GENERAL
)
FOR TAX ADMINISTRATION,
)
)
Defendant.
)
__________________________________________ )

Case No.: 1:13-cv-1225-ABJ

PLAINTIFFS CROSS-MOTION FOR SUMMARY JUDGMENT

Pursuant to Rule 56 of the Federal Rules of Civil Procedure, Local Rule 7(h), and the
Courts December 10, 2014 Minute Order, Plaintiff Cause of Action hereby moves for summary
judgment in this case brought under the Freedom of Information Act (FOIA), 5 U.S.C. 552,
on the ground that there is no genuine issue of disputed material fact and that Plaintiff is entitled
to judgment as a matter of law. As the accompanying memorandum explains, Defendants
Declaration of Gregory M. Miller (ECF No. 46-3) and Declaration of Diane K. Bowers (ECF
No. 46-4) fail to satisfy the reasonableness standard. The declarations also fail to satisfy the
legal requirements for withholding documents under FOIA Exemption 3 in conjunction with 26
U.S.C. 6103, Exemption 5 deliberative process, Exemption 5 attorney client privilege,
Exemption 6 personal information, and Exemption 7(C) personal information in law enforcement
records. ECF Nos. 46-3, 46-4.
In support of this cross-motion and in opposition to Defendants motion for summary
judgment (ECF No. 46), Plaintiff submits the accompanying Memorandum of Points and
Authorities in Opposition to Defendants Motion for Summary Judgment and In Support of
Plaintiffs Cross-Motion for Summary Judgment, Plaintiffs Statement of Undisputed Material

Case 1:13-cv-01225-ABJ Document 48 Filed 02/24/15 Page 2 of 3

Facts, Plaintiffs Response to Defendants Statement of Undisputed Material Facts, and a

Proposed Order.
Dated: February 24, 2015

Respectfully submitted,
/s/ Daniel Z. Epstein
DANIEL Z. EPSTEIN
D.C. Bar No. 1009132
ARAM A. GAVOOR
D.C. Bar No. 1023440
CAUSE OF ACTION
1919 Pennsylvania Ave., N.W.
Suite 650
Washington, D.C. 20006
(202) 499-4232 (telephone)
(202) 330-5842 (fax)
daniel.epstein@causeofaction.org
Attorneys for Plaintiff

Case 1:13-cv-01225-ABJ Document 48 Filed 02/24/15 Page 3 of 3

CERTIFICATE OF SERVICE
I hereby certify that on this 24th day of February 2015, I caused a copy of the foregoing
Plaintiffs Cross-Motion for Summary Judgment and accompanying Memorandum of Points and
Authorities in Opposition to Defendants Motion for Summary Judgment and In Support of
Plaintiffs Cross-Motion for Summary Judgment; Plaintiffs Statement of Undisputed Material
Facts; Plaintiffs Response to Defendants Statement of Undisputed Material Facts; and
Proposed Order to be filed with the Clerk of the Court, and served on all parties via the Courts
CM/ECF electronic filing system.
/s/ Daniel Z. Epstein
DANIEL Z. EPSTEIN
Attorney for Plaintiff