UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

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

KENNETH C. GRIFFIN,

Plaintiff,

v. 

INTERNAL REVENUE SERVICE and U.S.

DEPARTMENT OF THE TREASURY,

Defendants. 

_______________________________________/ 

POST-DISCOVERY HEARING ADMINISTRATIVE ORDER

On December 30, 2023, the Undersigned held a Zoom videoconference hearing on 

the parties’ discovery disputes. [ECF Nos. 62; 69; 80–82]. At the hearing, the Undersigned 

ordered as follows:

If Plaintiff is expecting Defendants to search the DOJ file(s), then Plaintiff will 

propound a new discovery request. Defendants will have fourteen (14) days from receipt 

of that request to respond.

Each side will file on CM/ECF a memorandum of law, not to exceed seven (7), 

double-spaced pages (excluding the signature block and the certificate of service) 

discussing whether there are any provisions in 26 U.S.C. § 6103 which would permit the 

disclosure of materials responsive to a discovery request. If the Government intends to 

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assert the catch-all provision in subsection (h)(4),1 then the parties’ memoranda will 

address that provision. Plaintiff will file his memorandum by no later than Monday, 

January 8, 2024. Defendants will file their memorandum by Friday, January 12, 2024. No 

reply will be permitted absent a separate and specific Order.

By Tuesday, January 30, 2024, Defendants will respond to all other outstanding 

discovery requests. To the extent Defendants are asserting a privilege or other exception 

for any responsive document, they will need to provide a privilege log consistent with 

Local Rule 26.1 by no later than Friday, February 9, 2024. The privilege log will include 

those responsive materials which Defendants state they cannot disclose pursuant to 26 

U.S.C. § 6103.

By Monday, January 8, 2024, Defendants will advise Plaintiff in writing which IRS 

database(s) Mr. Littlejohn had access to and when.

By Tuesday, January 2, 2024, Defendants will provide to Plaintiff responsive 

comments to the proposed protective order. Plaintiff will provide any counterproposal(s) by Thursday, January 4, 2024. By Friday, January 5, 2024, the parties will file 

1 The catch-all provision states:

However, such return or return information shall not be disclosed as 

provided in subparagraph (A), (B), or (C) if the Secretary determines that 

such disclosure would identify a confidential informant or seriously impair 

a civil or criminal tax investigation.

26 U.S.C. § 6103(h)(4).

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on CM/ECF a joint motion for the entry of the agreed protective order. By the same 

deadline, the parties will also submit a copy of the proposed agreed protective order in 

Microsoft Word format to the Undersigned’s CM/ECF e-file inbox 

(goodman@flsd.uscourts.gov).

By Monday, January 8, 2024, Defendants will provide answers to Interrogatory 

Nos. 11 and 21 of Plaintiff’s Second Set of Interrogatories.

By Monday, January 15, 2024, Defendants will provide answers to all other 

interrogatories in both the First Set of Interrogatories and the Second Set of 

Interrogatories, unless there are objections which Defendants are standing on without 

providing substantive information. If Defendants are going to be objecting to providing 

a substantive answer to any of the remaining interrogatories, then Plaintiff may set a 

Zoom discovery hearing on Defendants’ objections in accordance with the Discovery 

Procedures Order [ECF No. 16].

Defendants will provide to Plaintiff a “hit log” by Wednesday, January 3, 2024. 

The Government will also provide the names of the record custodians and state who each 

custodian is in a one-sentence explanation. By Friday, January 5, 2024, Plaintiff will 

provide to Defendants a list of categories Plaintiff would like Defendants to prioritize.

Defendants will supplement their answer to Interrogatory No. 10 in Plaintiff’s First 

Set of Interrogatories by Monday, January 8, 2024. Defendants’ supplemental answer will 

separate out what Defendants knew before the criminal charges were announced and 

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what Defendants learned after the criminal charges were announced.

By Monday, January 8, 2024, Defendants will supplement their answer to 

Interrogatory No. 6 in Plaintiff’s First Set of Interrogatories. 

By Tuesday, January 30, 2024, Defendants will supplement their response to 

Request for Admission No. 42 in Plaintiff’s First Set of Requests for Admission. If the 

answer is substantively denied, then Defendants will state so. Defendants are permitted 

to interpose their relevancy objection but must answer the admission.

Defendants are not required to provide a supplemental response to Request for 

Admission No. 45 in Plaintiff’s First Set of Requests for Admission.

DONE AND ORDERED in Chambers, in Miami, Florida, on December 30, 2023. 

Copies furnished to:

The Honorable Robert N. Scola, Jr. 

All Counsel of Record

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