UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO. 1:22-cv-24023-SCOLA/GOODMAN

KENNETH C. GRIFFIN,

 Plaintiff,

 v.

INTERNAL REVENUE SERVICE and U.S.

DEPARTMENT OF THE TREASURY,

 Defendants.

PLAINTIFF’S UNOPPOSED MOTION TO MODIFY SCHEDULING ORDER TO

FILE AMENDED COMPLAINT

Plaintiff Kenneth C. Griffin, by and though his undersigned counsel and pursuant to

Federal Rules of Civil Procedure 16(b)(4) and Local Rule 7.1, respectfully moves this Court to

modify the Scheduling Order (ECF No. 30) to allow Mr. Griffin to file an amended complaint on

or before October 27, 2023.

1. On December 13, 2022, Mr. Griffin initiated this action by filing a complaint

against Defendants alleging that IRS Personnel “exploited the IRS’s willful failure to establish

adequate administrative, technical, and physical safeguards for the IRS’s data and records

systems” and then “misappropriate[d] confidential tax return information for the highest earning

U.S. taxpayers, including Mr. Griffin, and then unlawfully disclosed those materials to ProPublica

for publication.” (ECF No. 1, ¶ 3.)

2. Defendants moved to dismiss Mr. Griffin’s complaint on April 25, 2023, arguing

that his allegations were speculative, implausible, and that ProPublica’s source might have been

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“a foreign government hostile to the United States,”1 and by June 21, 2023, Defendants’ motion

to dismiss was fully briefed. (See ECF Nos. 23, 28, and 31).

3. On September 29, 2023, however, the United States filed a criminal information

against an IRS contractor, Charles Edward Littlejohn, charging him with stealing and unlawfully

disclosing the confidential return information of “thousands of the nation’s wealthiest people” to

a news organization for publication. See United States v. Charles Edward Littlejohn, 1:23-cr00343-ACR ECF No. 1 (D.D.C.) (the “Criminal Information”).2

 The government has also

informed Mr. Griffin that this alleged unlawful disclosure included his confidential return

information, as alleged in his complaint. Consequently, on October 1, 2023, Mr. Griffin filed a

Notice of Supplemental Authority / Potential Mootness (ECF No. 37) advising the Court of this

development and its potential implication on Defendants’ pending motion to dismiss.

4. On October 6, 2023, in response to and in accordance with this Court’s Order

(ECF No. 38), Mr. Griffin informed this Court that “[i]n light of Defendants’ continued refusal to

withdraw their Motion to Dismiss . . . , [Mr. Griffin] will likely seek leave to amend his complaint

in the coming days and, subject to this Court’s authorization and approval, [Mr. Griffin] will be in

a position to file an amended complaint no later than October 27, 2023.” (See ECF No. 40).

5. The deadline to amend the pleadings under the current Scheduling Order was

July 11, 2023. (See ECF No. 30.). Good cause exists to modify the current Scheduling Order to

allow Mr. Griffin to file an amended complaint on or before October 27, 2023, because the

government’s Criminal Information was not available to Mr. Griffin until after the current deadline

1

See ECF No. 23.

2

 On October 12, 2023, Charles Littlejohn pled guilty to the charge in the Criminal

Information. See United States v. Charles Edward Littlejohn, 1:23-cr-00343-ACR (D.D.C.).

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to amend the pleadings already passed, and the facts and inferences provided by the Criminal

Information supports additional claims against Defendants, corroborates the existing claims in

Mr. Griffin’s complaint against Defendants, and expressly belies and moots the primary arguments

Defendants raised in their motion to dismiss.

6. Accordingly, Mr. Griffin respectfully requests that this Court modify the current

Scheduling Order to allow Mr. Griffin to file an amended complaint on or before October 27, 2023.

CERTIFICATE OF GOOD FAITH CONFERENCE

Pursuant to Local Rule 7.1(a)(3), counsel for Mr. Griffin conferred with counsel for

Defendants on October 11, 2023, and counsel for Defendants advised that Defendants do not

oppose the relief requested herein.

Dated: October 12, 2023 Respectfully submitted,

By: /s/ Jason D. Sternberg

William A. Burck (pro hac vice)

Derek L. Shaffer (pro hac vice)

Alexander J. Merton (pro hac vice)

QUINN EMANUEL URQUHART & SULLIVAN LLP

1300 I Street, N.W., Suite 900

Washington, DC 20005

(202) 538-8334

williamburck@quinnemanuel.com

derekshaffer@quinnemanuel.com

ajmerton@quinnemanuel.com

John F. Bash (pro hac vice)

QUINN EMANUEL URQUHART & SULLIVAN LLP

300 West 6th St, Suite 2010

Austin, TX 78701

(737) 667-6100

johnbash@quinnemanuel.com

Jason D. Sternberg (Florida Bar No. 72887)

QUINN EMANUEL URQUHART & SULLIVAN LLP

2601 South Bayshore Dr, Suite 1550

Miami, FL 33133

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(305) 402-4880

jasonsternberg@quinnemanuel.com

Christopher D. Kercher (pro hac vice)

QUINN EMANUEL URQUHART & SULLIVAN LLP

51 Madison Avenue, 22nd Floor,

New York, New York 10010

(212) 849-7000

christopherkercher@quinnemanuel.com

Counsel to Plaintiff Kenneth C. Griffin

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that, on this 12th day of October, 2023, I filed a copy of the

foregoing document with the Clerk of Court using the CM/ECF electronic filing system, which

will send notification to all counsel of record.

By: /s/ Jason D. Sternberg

Jason D. Sternberg

Fla. Bar. No. 72887

jasonsternberg@quinnemanuel.com

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