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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.

JOINT NOTICE OF HEARING (VIA ZOOM)

PLEASE TAKE NOTICE that, in accordance with the Court’s Post-Discovery Hearing 

Administrative Order (ECF No. 63, the “Discovery Order”), a hearing on discovery matters will 

be held before Magistrate Judge Jonathan Goodman on Friday, December 29, 2023 at 3:30 PM via 

Zoom. (See ECF 62, ECF 63 at 3.) The discovery matters to be heard include:

1. Whether the Court directed the Government to run search terms with 

Mr. Littlejohn’s name across the investigative files and either produce documents or 

provide a privilege log by December 11, 2023? (Compare Nov. 28, 2023 Hr’g Tr. at 

43:13-19 with ECF 63 at 4.) 

2. Whether the Court should impose a deadline of January 5, 2024 for the Government 

to assert the investigative privilege over materials contained in the investigative files? 

(ECF 63 at 3; ECF 70 at 1; ECF 77 at 1.)

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3. Whether 26 U.S.C. §§ 6103(h)(2) and (h)(4) permit the disclosure of the United States’ 

investigative files concerning Charles Littlejohn’s potential liability, including 

liability under the Internal Revenue Code, to Defendants’ counsel and Plaintiff in this 

case?

4. What was or is the deadline for the Government to respond to Mr. Griffin’s Second 

Set of Discovery, served on November 22, 2023?

5. Whether the Government is required to provide responses or corrected responses to 

the following Interrogatories: 

• Are You aware of any indicia, warning, audit, notice, events, Document, 

Communication, thing, or other variance thereof concerning a: (1) data security 

risk; (2) data security breach; (3) unauthorized Inspection; (4) unauthorized 

Disclosure; and/or (5) potential violation of 26 U.S.C. § 6103 related to Mr. 

Griffin’s Return information concerning any tax year between 2010 through 

2022? (Interrogatory No. 10). The United States objected to the interrogatory 

and then wrote “Subject to and without waiving any of the objections above, 

no.”

• Describe all Documents and Communications between You and ProPublica 

concerning Mr. Griffin’s Return Information for federal income tax years 

between 2010 through 2018. (Interrogatory No. 6). The United States timely 

objected to this interrogatory and did not provide an answer. 

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6. Whether the Government must admit or specifically deny and, if not specifically 

denied, state in detail why the Government cannot truthfully admit or deny the 

following Requests for Admission:

• Admit that You did not request that ProPublica return and/or destroy Mr. Griffin’s 

Return Information within ProPublica’s possession, custody, or control (RFA No. 

42); and

• Admit that as recently as September 2022, the IRS could not ensure that it is 

correcting and managing its information security weaknesses thereby exposing 

its systems to increased risk that nefarious actors will exploit the deficiencies 

to gain unauthorized access to information resources, as alleged in paragraph 

27 of the Complaint (RFA No. 45).

7. Whether the Government is required to supplement its initial disclosures? 

8. Whether the Court should impose a deadline of January 29, 2024 for the completion

of all document production in response to Plaintiff’s First and Second Sets of Requests 

for Production, with the Government’s productions to occur on a rolling weekly basis 

on January 8, January 15, and January 22, 2024?

9. By when is the Government required to supplement its responses to Plaintiff’s First 

Set of Requests for Admission and Interrogatories?

10. Whether either Party may move for entry of a protective order after January 10, 2024 

if the Parties cannot jointly agree to the terms of such an order before that date? 

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11. Whether the Court should schedule another discovery hearing concerning the status 

of the Government’s responses to Plaintiff’s First and Second Sets of Discovery?

Copies of the relevant source documents were emailed to Chambers consistent with the 

procedures set forth in Magistrate Judge Goodman’s Discovery Procedures Order. See ECF 

No. 16 at 4. 

CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1(a)(3)

Undersigned counsel conferred by videoconference on December 22, 2023 in a good-faith 

effort to resolve by agreement the issues raised herein, but were unable to reach any resolution of 

the issues.

Dated: December 27, 2023 Respectfully submitted,

 For Plaintiff

By: /s/ Jason D. Sternberg

 William A. Burck (admitted pro hac vice)

 Derek L. Shaffer (admitted pro hac vice)

 Alexander J. Merton (admitted 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

Christopher D. Kercher (admitted pro hac vice)

Peter Fountain (admitted pro hac vice)

QUINN EMANUEL URQUHART & SULLIVAN LLP

51 Madison Avenue, 22nd Floor,

New York, New York 10010

(212) 849-7000 

christopherkercher@quinnemanuel.com

peterfountain@quinnemanuel.com

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John F. Bash (admitted 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 Drive, Suite 1550

Miami, FL 33133

(786) 850-3607

jasonsternberg@quinnemanuel.com

For Defendant

DAVID A. HUBBERT

Deputy Assistant Attorney General

By: /s/ Stephanie A. Sasarak

MARY ELIZABETH SMITH

Maryland Bar No. 0712110235

STEPHANIE A. SASARAK

Maryland Bar No. 1012160096

Trial Attorneys, Tax Division

U.S. Department of Justice

P.O. Box 14198

Washington, D.C. 20044

214-880-9779 (v) | 214-880-9741 (f)

Mary.E.Smith@usdoj.gov

Stephanie.A.Sasarak@usdoj.gov

Of counsel:

MARKENZY LAPOINTE

United States Attorney

Southern District of Florida

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that, on this 27th day of December, 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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