11560601.

1

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division

THE NATIONAL ORGANIZATION FOR )
MARRIAGE, INC., )
)
Plaintiff, )
)
v. )
)
UNITED STATES OF AMERICA and )
INTERNAL REVENUE SERVICE, )
)
Defendant. )
_______________________________________)





Case No. Case 1:13-cv-01225-J CC-IDD


JOINT MOTION FOR ENTRY OF CONSENT JUDGMENT

The parties, by and through undersigned counsel, hereby jointly move for the Court to
enter the attached consent judgment, and in support thereof, state as follows:
1. On October 3, 2013, Plaintiff, the National Organization for Marriage, Inc. — an entity
organized pursuant to § 501(c)(4) of the Internal Revenue Code — filed this suit against the
United States seeking damages for the wrongful inspections and disclosure by the Internal
Revenue Service (“IRS”) of Plaintiff’s amended 2008 Form 990, Schedule B (Schedule of
Contributors) to a third party.
2. After the close of discovery, the United States moved for summary judgment. The Court
granted in part and denied in part the United States’ motion. More specifically, the Court held
that there was not sufficient record evidence to demonstrate that the disclosure was willful or the
result of gross negligence, or that any inspections of Plaintiff’s amended 2008 return were
unauthorized. The Court denied the government’s motion for summary judgment as to its
arguments that Plaintiff’s damages were not compensable because (a) the damages were the
result of intervening acts of third parties, and thus were not proximately caused by the disclosure,
Case 1:13-cv-01225-JCC-IDD Document 86 Filed 06/18/14 Page 1 of 3 PageID# 1640
2

and (b) Plaintiff offset its damages through fundraising related to the disclosure and its lawsuit
against the United States. A trial is set for J une 30, 2014 on the issue of actual damages only.
3. After the Court issued its Order and Memorandum Opinion regarding summary
judgment, the parties entered into a settlement agreement to resolve Plaintiff’s claims for actual
damages and costs that it alleged resulted from the unauthorized disclosure of Plaintiff’s 2008
tax return. Pursuant to the terms of the settlement agreement, the parties respectfully request that
the Court enter the attached consent judgment. As part of that agreement and the attached
consent judgment, the parties request that the Court enter the judgment and retain jurisdiction to
decide whether Plaintiff is entitled to attorneys’ fees pursuant to 26 U.S.C. § 7431(c).

Respectfully submitted,

/s/
J ason Torchinsky (Va. 47481)
Shawn Sheehy (Va. 82630)
Holtzman Vogel J osefiak PLLC
45 North Hill Drive, Suite 100
Warrenton, VA 20186
(540) 341-8808 (telephone)
(540) 341-8809 (fax)
jtorchinsky@hvjlaw.com
ssheehy@hvjlaw.com

J ohn C. Eastman (Cal. 193726)*
Anthony T. Caso (Cal. 88561)*
Center for Constitutional J urisprudence
c/o Chapman University School of Law
One University Drive
Orange, CA 92866
(877) 855-3330 x2 (telephone)
(714) 844-4817 (fax)
jeastman@chapman.edu
caso@chapman.edu

TAMARA W. ASHFORD
Acting Assistant Attorney General
Tax Division

Philip M. Schreiber*
Benjamin L. Tompkins*
Christopher D. Belen
Trial Attorneys, Tax Division
U.S. Department of J ustice
Post Office Box 14198
Ben Franklin Station
Washington, DC 20044
(202) 514-6069 (Mr. Schreiber)
(202) 514-5885 (Mr. Tompkins)
(202) 307-2089 (Mr. Belen)
Fax: 202 514-9868
E-Mail: philip.m.schreiber@usdoj.gov
benjamin.l.tompkins@usdoj.gov
christopher.d.belen@usdoj.gov



Case 1:13-cv-01225-JCC-IDD Document 86 Filed 06/18/14 Page 2 of 3 PageID# 1641
3

Cleta Mitchell, of counsel
(D.C. 433386)*
William E. Davis, of counsel
(D.C. 280057)*
Mathew D. Gutierrez, of counsel
(Fla. 0094014)*
Kaylan L. Phillips (Ind. 30405-84)*
Noel H. J ohnson (Wisc. 1068004)*
ACTRIGHT LEGAL FOUNDATION
209 West Main Street
Plainfield, IN 46168
(317) 203-5599 (telephone)
(888) 815-5641 (fax)
cmitchell@foley.com
wdavis@foley.com
mgutierrez@foley.com
kphillips@actrightlegal.org
njohnson@actrightlegal.org

Counsel for Plaintiff

* Admitted Pro Hac Vice
DANA J . BOENTE
UNITED STATES ATTORNEY

/s/
David Moskowitz
Assistant U.S. Attorney
2100 J amieson Avenue
Alexandria, Virginia 22314
Telephone: (703) 299-3845
Fax: (703) 299-3983
E-Mail: david.moskowitz@usdoj.gov

Counsel for Defendant


Case 1:13-cv-01225-JCC-IDD Document 86 Filed 06/18/14 Page 3 of 3 PageID# 1642

11560601.1
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division

THE NATIONAL ORGANIZATION FOR )
MARRIAGE, INC., )
)
Plaintiff, )
)
v. )
)
UNITED STATES OF AMERICA and )
INTERNAL REVENUE SERVICE, )
)
Defendant. )
_______________________________________)





Case No. Case 1:13-cv-01225-J CC-IDD


CONSENT JUDGMENT
Upon the parties’ motion for entry of a consent judgment, and it appearing otherwise
proper, it is hereby
ORDERED that the motion is GRANTED; it is further
ORDERED that the Plaintiff, the National Organization for Marriage, Inc., shall have and
recover judgment against Defendant, the United States of America, in the amount of $50,000.00,
inclusive of Plaintiff’s claims for actual damages under 26 U.S.C. § 7431(c)(1)(B)(i) and its
claims for costs of the action under 26 U.S.C. § 7431(c)(2); it is further
ORDERED that the Court shall retain jurisdiction of this action so that Plaintiff may file
a motion seeking reasonable attorneys’ fees under 26 U.S.C. § 7431(c)(3), which the United
States may oppose; it is further
ORDERED that, in all other respects, this case is dismissed with prejudice.


Date: _______________ _________________________________
UNITED STATES DISTRICT J UDGE

Case 1:13-cv-01225-JCC-IDD Document 86-1 Filed 06/18/14 Page 1 of 1 PageID# 1643

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