UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISON

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 INTERIM STATUS REPORT

The parties in the above-captioned action (collectively, “Parties”), by and through their 

respective undersigned counsel and in accordance with this Court’s June 6, 2023 Scheduling Order 

and Order of Referral to Mediation (ECF No. 30), hereby submit this Joint Interim Status Report:

(a) Have all defendants been served? If not, state the reasons.

Yes. 

(b) Have all defendants responded to the complaint? If not, state the reasons.

Yes. On April 25, 2023, Defendants filed a Motion to Dismiss Plaintiff’s Complaint (ECF 

No. 23). The Motion to Dismiss is fully briefed and pending the Court’s resolution.

(c) If this is a class action, has a motion for class certification been filed? If so, what is 

its status?

This is not a class action.

(d) Have the parties agreed on and selected a mediator? Have the parties agreed upon a 

place, date, and time for mediation?

The Parties have agreed on and selected Elaine E. Feldman, Esq. as a mediator (see ECF 

No. 35 at 1). The Parties have not yet agreed upon a place, date, and time for mediation, but the 

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Parties intend to comply with the Court’s November 28, 2023 deadline to file their Proposed Order 

Scheduling Mediation (ECF No. 30 at 1) and the Court’s February 6, 2024 deadline to complete 

mediation (ECF No. 30 at 2).

(e) Have the parties engaged in informal settlement negotiations? If not, explain the 

reasons for the failure to do so. If yes, state the status of such negotiations (e.g., 

ongoing, impasse, etc.) and the relative prospects for resolution through informal 

means.

The Parties have engaged in informal settlement negotiations which remain ongoing. 

Settlement is unlikely at the present time. However, the Parties remain open to resolving this 

matter amicably through settlement, if possible. 

(f) Describe the status of discovery conducted to date, and identify whether the parties 

reasonably believe that they will be able to complete discovery by the Court’s 

deadline. If not, explain the reasons.

To date, the following discovery has been conducted: (1) the Parties exchanged initial 

disclosures on June 26, 2023; (2) Defendants informally requested copies of the documents 

disclosed by Plaintiff and then, on Plaintiff’s request, served requests for production on Plaintiff 

on July 10, 2023; (3) Plaintiff responded to Defendants’ requests for production and produced 

responsive documents on August 9, 2023; (4) Plaintiff served his first set of requests for admission, 

interrogatories, and requests for production on Defendants on July 28, 2023; (5) Defendants 

provided responses and objections to the same on September 11, 2023; and (6) Plaintiff served 

subpoenas duces tecum for documents on Pro Publica, Inc.; Mick Dumke; Jesse Eisinger; Jeff 

Ernsthausen; Paul Kiel; and Ash Ngu (“ProPublica Subpoenas”) on August 22, 2023, with

responses to the ProPublica Subpoenas currently due September 26, 2023, and a deadline to begin 

production of materials in response to the ProPublica Subpoenas, if any, is currently October 6, 

2023.

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Plaintiff anticipates that at least one additional round of written discovery, as well as 

depositions of certain individuals identified in materials exchanged in discovery, will be necessary 

to complete fact discovery. Defendants maintain that fact discovery can be completed by the 

current deadline of January 9, 2024. However, the position Defendants state in the Parties’ Joint 

Scheduling Report (see ECF No. 29 at 4) and reiterate in their Responses and Objections to 

Plaintiff’s first set of discovery may require this Court’s consideration and resolution before 

additional fact discovery can be completed.1 Accordingly, although the Parties have been diligent 

in conducting discovery, the Parties may not be able to complete fact discovery by the current 

deadline. As such, the Parties request the Court’s permission to file an additional Joint Status 

Report in November 2023 to provide the Court an update on the Parties’ discovery efforts or, 

alternatively, that the Court set a status conference prior to the expiration of the discovery deadline 

to discuss the status of discovery and whether an extension of the deadlines set forth in the Court’s 

Scheduling Order is necessary.

(g) Identify any other issues that the Court should be aware of that may affect the 

resolution of this matter or the schedule as currently set.

None at this time.

Dated: September 12, 2023 Respectfully submitted,

For Plaintiff

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

1 Plaintiff notes that potential discovery disputes requiring motions practice might also 

arise depending on the responses Plaintiff receives to the ProPublica Subpoenas. 

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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

(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

For Defendant

DAVID A. HUBBERT

Deputy Assistant Attorney General

By: /s/ Elizabeth N. Duncan

Elizabeth N. Duncan

ELIZABETH N. DUNCAN

Virginia Bar No. 90685

STEPHANIE A. SASARAK

Maryland Bar No. 1012160096

Trial Attorneys, Tax Division

U.S. Department of Justice

P.O. Box 14198

Washington, D.C. 20044

202-514-6546 (v) | 202-514-4963 (f)

Elizabeth.N.Duncan@usdoj.gov

Stephanie.A.Sasarak@usdoj.gov

Of counsel:

MARKENZY LAPOINTE

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United States Attorney

Southern District of Florida

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that, on this 12th day of September, 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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