Case: Freedom from Religion Foundation v. Geithner

2:09-cv-02894 | U.S. District Court for the Eastern District of California

Filed Date: Oct. 16, 2009

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On October 16, 2009, the Freedom From Religion Foundation and several individuals filed a complaint in the Eastern District of California against Secretary of the Treasury Timothy Geithner, IRS Commissioner Douglas Shulman, and California Franchise Tax Board Executive Selvi Stanislaus for violating the Establishment Clause of the First Amendment of the U.S. Constitution. Plaintiffs sought a declaration under 28 U.S.C. § 2201 that 26 U.S.C. §§107 and 265(a)(6) violated the Establishment Clause …

On October 16, 2009, the Freedom From Religion Foundation and several individuals filed a complaint in the Eastern District of California against Secretary of the Treasury Timothy Geithner, IRS Commissioner Douglas Shulman, and California Franchise Tax Board Executive Selvi Stanislaus for violating the Establishment Clause of the First Amendment of the U.S. Constitution. Plaintiffs sought a declaration under 28 U.S.C. § 2201 that 26 U.S.C. §§107 and 265(a)(6) violated the Establishment Clause by providing preferential tax benefits to ministers of the gospel.

Section 107 provides a tax exclusion for the rental value of a home furnished to a minister as part of his compensation or the rental allowance paid to him as part of his compensation. In order to qualify for this exclusion, the home or rental allowance must be provided as remuneration for services which are "ordinarily the duties of a minister of the gospel." Section 265(a)(6) allowed a minister of the gospel to claim deductions for residential mortgage interest and property taxes. Plaintiffs requested that the Court enjoin any allowance or grant of tax benefits for ministers of the gospel under §§107 and 265(a)(6). Plaintiffs also sought an injunction against the California Franchise Tax Board for sections 17131.6 and 17280(d)(2) of the California Revenue and Taxation Code, which provided similar tax benefits to ministers of the gospel.

On October 22, 2009, an individual named pastor and 100 unnamed ministers moved to intervene in the action. On December 2, 2009, the District Court (Judge William B. Shubb) denied the requests to intervene on grounds the movants' interests were adequately represented by the federal defendants, and that they failed to show independent grounds for jurisdiction. Freedom From Religion Foundation, Inc. v. Geithner, 262 F.R.D. 527 (2009).

The federal defendants and Selvi Stanislaus filed separate Motions to Dismiss on February 26, 2010. On May 21, 2010, Judge Shubb granted Stanislaus' motion to dismiss with respect to plaintiffs' claims under the California constitution and plaintiffs' claims challenging California Revenue and Taxation Code section 17280(d)(2), and denied the motion in all other respects. Judge Shubb further denied the federal defendants' motion to dismiss with respect to plaintiff's claim challenging Internal Revenue Code § 107 and granted the motion with respect to plaintiff's claim challenging Internal Revenue Code § 265(a)(6).

The Pastors appealed the denial of the Motion to Intervene to the 9th Circuit. On May 9, 2011, the 9th Circuit affirmed the District Court's denial of the motion for intervention as of right but vacated the denial of the motion for permissive intervention. The 9th Circuit explained that the District Court did not apply the correct legal rule; the Pastors were not required to make any further showing of independent jurisdictional grounds.

On May 26, 2011, the federal defendants filed a motion challenging plaintiffs' standing in light of Arizona Christian School Tuition Organization v. Winn, 131 S.Ct. 1436 (2011). On May 27, 2011, Selvi Stanislaus filed a motion for judgment on the pleadings on the same grounds. In Arizona Christian School Tuition Organization v. Winn, filed on April 4, 2011, the Supreme Court held that taxpayers lacked standing to bring an Establishment Clause claim on Arizona's tuition tax credit.

On June 17, 2011, the parties jointly submitted a Stipulation of Dismissal to the Court and the matter was dismissed without prejudice on June 20, 2011.

Summary Authors

David Priddy (6/24/2011)

Samantha Kirby (10/20/2014)

Related Cases

Freedom from Religion Foundation v. Geithner, Western District of Wisconsin (2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4160157/parties/freedom-from-religion-foundation-v-geithner/


Judge(s)

Drozd, Dale Alan (California)

O'Scannlain, Diarmuid Fionntain (Oregon)

Shubb, William B. (California)

Attorneys(s) for Plaintiff

Bolton, Richard L. (Wisconsin)

Newdow, Michael A. (California)

Attorneys(s) for Defendant

Hendon, Jeremy Nolan (District of Columbia)

Schwartz, Richard Adam (District of Columbia)

Other Attorney(s)

Active

Active

Active

Judge(s)

Drozd, Dale Alan (California)

O'Scannlain, Diarmuid Fionntain (Oregon)

Shubb, William B. (California)

Attorneys(s) for Plaintiff

Bolton, Richard L. (Wisconsin)

Newdow, Michael A. (California)

Attorneys(s) for Defendant

Hendon, Jeremy Nolan (District of Columbia)

Schwartz, Richard Adam (District of Columbia)

Other Attorney(s)

Dale, Ivan C. (District of Columbia)

DiCiccio, John A. (District of Columbia)

McLaughlin, Theresa E. (District of Columbia)

McReynolds, Matthew Brown (California)

Rothenberg, Gilbert S. (District of Columbia)

Snider, Kevin Trent (California)

Wagner, Benjamin B. (California)

Expert/Monitor/Master

Campbell, Tena (Utah)

Trott, Stephen S. (Idaho)

Documents in the Clearinghouse

Document

Docket

Freedom From Religion Foundation v. Geithner

July 5, 2011 Docket
1

Complaint

Freedom From Religion Foundation v. Geithner

Oct. 16, 2009 Complaint
7

Memorandum in Support of Motion to Intervene

Freedom From Religion Foundation v. Geithner

Oct. 22, 2009 Pleading / Motion / Brief
21

Memorandum and Order Re: Motion to Intervene

Freedom From Religion Foundation v. Geithner

262 F.R.D. 527, 2009 U.S.Dist.LEXIS 111776

Dec. 2, 2009 Order/Opinion

Brief of Appellant

Freedom From Religion Foundation v. Geithner

U. S. Court of Appeals for the Ninth Circuit

2010 WL 2861340

March 26, 2010 Pleading / Motion / Brief

Brief For the Federal Appellees

Freedom From Religion Foundation v. Geithner

U. S. Court of Appeals for the Ninth Circuit

2010 WL 2861339

May 10, 2010 Pleading / Motion / Brief

Reply Brief of Appellant

Freedom From Religion Foundation v. Geithner

U. S. Court of Appeals for the Ninth Circuit

2010 WL 2861338

May 24, 2010 Pleading / Motion / Brief
89

9th Circuit Opinion

U. S. Court of Appeals for the Ninth Circuit

644 F.3d 836

May 9, 2011 Order/Opinion
87

Order on Stipulation of Dismissal

Freedom from Religion Foundation, Inc. v. Geithner

June 17, 2011 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4160157/freedom-from-religion-foundation-v-geithner/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against all defendants by all plfs.(Newdow, Michael) Modified on 10/16/2009 (Benson, A.). (Entered: 10/16/2009)

Oct. 16, 2009 RECAP
3

SUMMONS ISSUED as to *Timothy Geithner, Douglas Shulman* with answer to complaint due within *60* days. Attorney *Michael Arthur Newdow* *Michael Newdow, Esq.* *P.O. Box 233345* *Sacramento, CA 95823*. (Benson, A.) (Entered: 10/16/2009)

Oct. 16, 2009 PACER
4

SUMMONS ISSUED as to *Selvi Stanislaus* with answer to complaint due within *20* days. Attorney *Michael Arthur Newdow* *Michael Newdow, Esq.* *P.O. Box 233345* *Sacramento, CA 95823*. (Benson, A.) (Entered: 10/16/2009)

Oct. 16, 2009 PACER
5

CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 03/22/10 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. (Attachments: # 1 Consent Forms, # 2 VDRP Forms) (Benson, A.) (Entered: 10/16/2009)

1 Consent Forms

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2 VDRP Forms

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Oct. 16, 2009 PACER
6

MOTION to INTERVENE by Michael Rodgers. Motion Hearing set for 11/23/09 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. (McReynolds, Matthew) (Entered: 10/22/2009)

Oct. 22, 2009 RECAP
7

MEMORANDUM by Michael Rodgers in support of 6 Motion to Intervene. (McReynolds, Matthew) Modified on 10/23/2009 (Benson, A.). (Entered: 10/22/2009)

Oct. 22, 2009 RECAP
8

DECLARATION of Pastor Michael Rodgers in support of 6 Motion to Intervene. (McReynolds, Matthew) Modified on 10/23/2009 (Benson, A.). (Entered: 10/22/2009)

Oct. 22, 2009 RECAP
9

DECLARATION of Matthew McReynolds in support of 6 Motion to Intervene. (McReynolds, Matthew) Modified on 10/23/2009 (Benson, A.). (Entered: 10/22/2009)

Oct. 22, 2009 PACER
10

PROPOSED ORDER re 6 Motion to Intervene by Michael Rodgers. (McReynolds, Matthew) Modified on 10/23/2009 (Benson, A.). (Entered: 10/22/2009)

Oct. 22, 2009 RECAP
11

CERTIFICATE of SERVICE by Michael Rodgers 6 Motion to Intervene, 7 Memorandum in Support, 8 Declaration, 9 Declaration and 10 Proposed Order. (McReynolds, Matthew) Modified on 10/23/2009 (Benson, A.). (Entered: 10/22/2009)

Oct. 22, 2009 RECAP
12

CORRECTED 10 PROPOSED ORDER re 6 Motion to Intervene by Michael Rodgers. (McReynolds, Matthew) Modified on 10/23/2009 (Benson, A.). (Entered: 10/22/2009)

Oct. 22, 2009 RECAP
13

DECLARATION of MATTHEW MCREYNOLDS--SUPPLEMENTAL WITH EXHIBIT in SUPPORT OF 6 Motion to Intervene. (McReynolds, Matthew) (Entered: 10/23/2009)

Oct. 23, 2009 RECAP
14

CERTIFICATE of SERVICE by Michael Rodgers re 8 Declaration, 9 Declaration, 12 Proposed Order, 11 Certificate of Service, 7 Memorandum in Support of Motion, 6 Motion to Intervene, 13 Declaration. (McReynolds, Matthew) (Entered: 10/29/2009)

Oct. 29, 2009 RECAP
15

PROPOSED ORDER re 8 Declaration, 9 Declaration, 12 Proposed Order, 11 Certificate of Service, 7 Memorandum in Support of Motion, 6 Motion to Intervene, 13 Declaration by Anthony Arlen, Elisabeth Steadman, William M. Shockley, Charles Crannell, Collette Crannell, Freedom from Religion Foundation, Inc., Mike Osborne, Kristi Craven, Paul Ellcessor, Joseph Rittell, Wendy Corby, Pat Kelley, Carey Goldstein, Debora Smith, Kathy Fields, Richard Moore, Paul Storey, Susan Robinson, Ken Nahigian, Billy Ferguson, Karen Buchanan, Joseph Morrow. (Newdow, Michael) (Entered: 11/05/2009)

Nov. 5, 2009 PACER
16

OPPOSITION by United States of America to 6 Motion to Intervene. Attorney Hendon, Jeremy Nolan added. (Hendon, Jeremy) (Entered: 11/06/2009)

Nov. 6, 2009 RECAP
17

ORDER signed by Judge William B. Shubb on 11/13/09 ORDERING that pltfs' counsel may appear telephonically for the Motion Hearing set for 11/23/09 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb; the CRD shall initiate the teleconference. (Manzer, C) (Entered: 11/13/2009)

Nov. 13, 2009 RECAP
18

REPLY by Michael Rodgers in SUPPORT of MOTION TO INTERVINE 6 . (McReynolds, Matthew) Modified on 11/19/2009 (Mena-Sanchez, L). (Entered: 11/16/2009)

Nov. 16, 2009 RECAP
19

MINUTES (Text Only) for proceedings held before Judge William B. Shubb: MOTION HEARING held on 11/23/2009 re 6 Intervenor Pastor Michael Rodgers' Motion to Intervene. Counsel argue. MOTION SUBMITTED. Court to issue separate order. Plaintiffs Counsel Michael Newdow, via phone present. Defendants Counsel Jeremy Hendon, Matthew McReynolds (intervenor) present. Court Reporter: Kathy Swinhart. (Kirksey Smith, K) (Entered: 11/23/2009)

Nov. 23, 2009 PACER
20

EXHIBIT Supplemental Authority in Support of re 6 Motion to Intervene filed by Michael Rodgers. (McReynolds, Matthew) (Entered: 11/25/2009)

Nov. 25, 2009 PACER
21

MEMORANDUM AND ORDER denying 6 Applicant's Motion to Intervene, signed by Judge William B. Shubb on 12/1/09. It is further ordered that the applicant's motion for leave to file a brief as amicus curiae be, is GRANTED. (Kastilahn, A) (Entered: 12/02/2009)

Dec. 2, 2009 RECAP
22

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted for attorney Richard Bolton to appear Pro Hac Vice. (Attachments: # 1 Exhibit)(Newdow, Michael) Modified on 12/9/2009 (Benson, A.). (Entered: 12/07/2009)

1 Exhibit

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Dec. 7, 2009 PACER
24

NOTICE of APPEAL by Michael Rodgers as to 21 Order on Motion to Intervene. (Attachments: # 1 Statement Issues)(Snider, Kevin) (Entered: 12/09/2009)

1 Statement Issues

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Dec. 9, 2009 PACER
26

APPEAL PROCESSED to Ninth Circuit re 24 Notice of Appeal filed by Michael Rodgers. Filed dates for Notice of Appeal *12/09/09*, Complaint *10/16/09* and Appealed Order / Judgment *12/02/09*. Court Reporter: *Kathy Swinhart*. *Fee Status: Paid on 12/09/09 in the amount of $455.00* ** (Attachments: # 1 Appeal Notice) (Benson, A.) (Entered: 12/09/2009)

1 Appeal Notice

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Dec. 9, 2009 PACER
27

PRO HAC VICE ORDER signed by Judge William B. Shubb on 12/09/09. Added attorney Richard L. Bolton, PHV for Freedom from Religion Foundation, Inc. (Becknal, R) (Entered: 12/10/2009)

Dec. 10, 2009 PACER
28

USCA CASE NUMBER 09-17753 for 24 Notice of Appeal filed by Michael Rodgers. (Engbretson, K.) (Entered: 12/11/2009)

Dec. 11, 2009 PACER
29

STIPULATION for Order Extending Time for United States to File its Response to the Complaint by United States of America. (Hendon, Jeremy) (Entered: 12/17/2009)

Dec. 17, 2009 PACER
30

PROPOSED ORDER re 29 Stipulation by United States of America. (Hendon, Jeremy) (Entered: 12/17/2009)

Dec. 17, 2009 PACER
31

ORDER signed by Judge William B. Shubb on 12/17/09: The United States shall have up to, and including, February 26, 2010, within which to file a response to the Complaint. (Kaminski, H) (Entered: 12/18/2009)

Dec. 18, 2009 RECAP
32

STIPULATION and PROPOSED ORDER for Extension of time for defendant Selvi Stanislaus to Respond to Complaint for Declaratory and Injunctive Relief by Selvi Stanislaus. Attorney Bowers, Jill added. (Bowers, Jill) (Entered: 02/01/2010)

Feb. 1, 2010 PACER
33

ORDER re 32 Stipulation signed by Judge William B. Shubb on 02/02/10 ORDERING that dft Selvi Stanislaus' time to respond to the complaint is EXTENDED to 02/26/10. (Benson, A.) (Entered: 02/02/2010)

Feb. 2, 2010 RECAP
34

DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Selvi Stanislaus. (Bowers, Jill) (Entered: 02/16/2010)

Feb. 16, 2010 PACER
35

DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Anthony Arlen, Elisabeth Steadman, William M. Shockley, Charles Crannell, Collette Crannell, Freedom from Religion Foundation, Inc., Mike Osborne, Kristi Craven, Paul Ellcessor, Joseph Rittell, Wendy Corby, Pat Kelley, Carey Goldstein, Debora Smith, Kathy Fields, Richard Moore, Paul Storey, Susan Robinson, Ken Nahigian, Billy Ferguson, Karen Buchanan, Joseph Morrow. Attorney Bolton, Richard L. added. (Bolton, Richard) (Entered: 02/22/2010)

Feb. 22, 2010 PACER
36

NOTICE of APPEARANCE by Richard Adam Schwartz, GOVT on behalf of United States of America. Attorney Schwartz, Richard Adam added. (Schwartz, Richard) (Entered: 02/25/2010)

Feb. 25, 2010 PACER
37

NOTICE of APPEARANCE by Richard Adam Schwartz, GOVT on behalf of United States of America. (Schwartz, Richard) (Entered: 02/25/2010)

Feb. 25, 2010 PACER
38

MOTION to DISMISS, MOTION to DISMISS for LACK of JURISDICTION ( Motion Hearing set for 3/29/2010 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb.) by United States of America. (Attachments: # 1 Memorandum Memorandum in Support of United States' Motion to Dismiss)(Schwartz, Richard) (Entered: 02/26/2010)

1 Memorandum Memorandum in Support of United States' Motion to Dismiss

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Feb. 26, 2010 PACER
39

MOTION to DISMISS by Selvi Stanislaus. Motion Hearing set for 3/29/2010 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. (Bowers, Jill) (Entered: 02/26/2010)

Feb. 26, 2010 PACER
40

MEMORANDUM by Selvi Stanislaus in SUPPORT of 39 MOTION to DISMISS. (Bowers, Jill) (Entered: 02/26/2010)

Feb. 26, 2010 PACER
41

MINUTE ORDER (TEXT ONLY): The parties are hereby notified that the Scheduling Conference is continued from 3/22/2010 to 5/3/2010 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb, pending hearing on Defendant United States' Motion to Dismiss and Defendant Selvi Stanislaus' Motion to Dismiss, now set for hearing 3/29/2010. A Joint Status Report shall be filed no later than 4/19/2010. (Kirksey Smith, K) (Entered: 02/26/2010)

Feb. 26, 2010 PACER
42

STIPULATION for 42-DAY EXTENSION OF TIME for Change of Hearing Date re 39 MOTION to DISMISS by Anthony Arlen, Elisabeth Steadman, William M. Shockley, Charles Crannell, Collette Crannell, Freedom from Religion Foundation, Inc., Mike Osborne, Kristi Craven, Paul Ellcessor, Joseph Rittell, Wendy Corby, Pat Kelley, Carey Goldstein, Debora Smith, Kathy Fields, Richard Moore, Paul Storey, Susan Robinson, Ken Nahigian, Billy Ferguson, Karen Buchanan, Joseph Morrow. (Bolton, Richard) Modified on 3/12/2010 (Kirksey Smith, K). (Entered: 03/12/2010)

March 12, 2010 PACER
43

STIPULATION and ORDER 42, signed by Judge William B. Shubb on 3/15/2010: The hearing date on dfts' Motion to Dismiss 38, 39 is hereby RESET from 3/29/2010 to 5/10/2010 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. (Kastilahn, A) (Entered: 03/16/2010)

March 16, 2010 RECAP
44

NOTICE of HEARING on MOTION to DISMISS 38, 39 : Motion Hearing RESET from 3/29/2010 to 5/10/2010 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. (Kastilahn, A) (Entered: 03/16/2010)

March 16, 2010 PACER
45

STIPULATION and PROPOSED ORDER for Continuance of Joint Status Report and Pretrial Scheduling Conference by United States of America. (Attachments: # 1 Proposed Order)(Schwartz, Richard) (Entered: 04/06/2010)

1 Proposed Order

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April 6, 2010 PACER
46

STIPULATION and ORDER 45, signed by Judge William B. Shubb on 4/6/10: The Scheduling Conference is CONT'D to 6/28/2010 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. The joint status report is DUE no later than 6/14/2010. (Kastilahn, A) (Entered: 04/08/2010)

April 8, 2010 RECAP
47

OPPOSITION by plts to 38 US' MOTION to DISMISS . (Bolton, Richard) Modified on 4/21/2010 (Duong, D). (Entered: 04/20/2010)

April 20, 2010 PACER
48

AFFIDAVIT of Richard L. Bolton 47 Opposition to Motion to Dismiss . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibits 4-8 # 5 Exhibits 9-15)(Bolton, Richard) Modified on 4/21/2010 (Duong, D). (Entered: 04/20/2010)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibits 4-8

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5 Exhibits 9-15

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April 20, 2010 PACER
49

OPPOSITION by Anthony Arlen, Elisabeth Steadman, William M. Shockley, Charles Crannell, Collette Crannell, Freedom from Religion Foundation, Inc., Mike Osborne, Kristi Craven, Paul Ellcessor, Joseph Rittell, Wendy Corby, Pat Kelley, Carey Goldstein, Debora Smith, Kathy Fields, Richard Moore, Paul Storey, Susan Robinson, Ken Nahigian, Billy Ferguson, Karen Buchanan, Joseph Morrow to 39 MOTION to DISMISS. (Attachments: # 1 Certificate of Service)(Bolton, Richard) (Entered: 04/23/2010)

1 Certificate of Service

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April 23, 2010 PACER
50

REPLY by United States of America re 38 MOTION to DISMISS MOTION to DISMISS for LACK of JURISDICTION, 47 Memorandum, 1 Complaint. (Schwartz, Richard) (Entered: 05/03/2010)

May 3, 2010 PACER
51

[DISREGARD] REPLY by Selvi Stanislaus to RESPONSE to 39 MOTION to DISMISS. (Attachments: # 1 Exhibit A, B and C)(Bowers, Jill) Modified on 5/4/2010 (Becknal, R). (Entered: 05/03/2010)

1 Exhibit A, B and C

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May 3, 2010 PACER
52

OBJECTIONS by Defendant Selvi Stanislaus to 48 Affidavit. (Bowers, Jill) (Entered: 05/03/2010)

May 3, 2010 PACER
53

RESPONSE by plfs to 51 Reply to Response to Motion. (Attachments: # 1 Exhibit)(Bolton, Richard) Modified on 5/5/2010 (Benson, A.). (Entered: 05/04/2010)

1 Exhibit

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May 4, 2010 PACER
54

CERTIFICATE of SERVICE of 53 Response,. (Bolton, Richard) Modified on 5/5/2010 (Benson, A.). (Entered: 05/04/2010)

May 4, 2010 PACER
55

REPLY by Selvi Stanislaus to Response to 39 Motion to Dismiss. (Bowers, Jill) (Entered: 05/04/2010)

May 4, 2010 PACER
56

[DISREGARD - COUNSEL TO REFILE WITH CAPTION PAGE] EXHIBIT A, B and C to Reply by Selvi Stanislaus re 55 Reply to Response to Motion. (Bowers, Jill) Modified on 5/5/2010 (Benson, A.). (Entered: 05/04/2010)

May 4, 2010 PACER
57

EXHIBITS A, B and C by Selvi Stanislaus re 55 Reply to Response to Motion. (Bowers, Jill) Modified on 5/5/2010 (Benson, A.). (Entered: 05/05/2010)

May 5, 2010 PACER
58

TRANSCRIPT of motion to intervene held on November 23, 2009, before Judge William B. Shubb, filed by Court Reporter Kathy Swinhart, Phone number 916-446-1347 E-mail kswinhart_csr@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may also be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 5/26/2010. Redacted Transcript Deadline set for 6/7/2010. Release of Transcript Restriction set for 8/3/2010. (Swinhart, K) (Entered: 05/05/2010)

May 5, 2010 PACER
59

MINUTES (Text Only) for proceedings held before Judge William B. Shubb: MOTION HEARING held on 5/10/2010 re 38 United States' MOTION to DISMISS and 39 Defendant Selvi Stanislaus' MOTION to DISMISS. Counsel argue. MOTIONS SUBMITTED. Court shall prepare and issue a separate order. Plaintiffs Counsel Richard Bolton present. Defendants Counsel Jeremy Hendon, DOJ, Richard Schwartz, DOJ, Jill Bowers present. Court Reporter: Kathy Swinhart. (Kirksey Smith, K) (Entered: 05/10/2010)

May 10, 2010 PACER
60

REPLY by Anthony Arlen, Elisabeth Steadman, William M. Shockley, Charles Crannell, Collette Crannell, Freedom from Religion Foundation, Inc., Mike Osborne, Kristi Craven, Paul Ellcessor, Joseph Rittell, Wendy Corby, Pat Kelley, Carey Goldstein, Debora Smith, Kathy Fields, Richard Moore, Paul Storey, Susan Robinson, Ken Nahigian, Billy Ferguson, Karen Buchanan, Joseph Morrow re 53 Response. (Attachments: # 1 Exhibit, # 2 Exhibit)(Bolton, Richard) (Entered: 05/13/2010)

1 Exhibit

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2 Exhibit

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May 13, 2010 PACER
61

MOTION to STRIKE by United States of America. Motion Hearing set for 6/21/2010 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. (Attachments: # 1 Proposed Order)(Schwartz, Richard) Modified on 5/17/2010 (Kaminski, H). (Entered: 05/17/2010)

1 Proposed Order to Strike

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May 17, 2010 PACER
62

MEMORANDUM and ORDER signed by Judge William B. Shubb on 5/21/2010 ORDERING that defendant Stanislaus's 39 motion to dismiss be, and the same hereby is, GRANTED with respect to plaintiffs' claims under the California constitution and with respect to plaintiffs' claim challenging California Revenue and Taxation Code section 17280 (d) (2) and DENIED in all other respects. IT IS FURTHER ORDERED that the federal defendants' 38 motion to dismiss be DENIED with respect to plaintiffs' claim challenging IRC 107 and GRANTED with respect to plaintiffs claim challenging IRC 265(a)(6). (Duong, D) (Entered: 05/21/2010)

May 21, 2010 RECAP
63

JOINT MOTION for Order Extending Defendants' Time to Answer Complaint for Declaratory and Injunctive Relief by Selvi Stanislaus. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Bowers, Jill) Modified on 6/7/2010 (Kaminski, H). (Entered: 06/04/2010)

1 Exhibit A

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2 Proposed Order

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June 4, 2010 PACER
64

JOINT STATUS REPORT by plfs . Attorney Bolton, Richard L. added. (Bolton, Richard) Modified on 6/15/2010 (Benson, A.). (Entered: 06/14/2010)

June 14, 2010 PACER
65

ORDER signed by Judge William B. Shubb on 6/15/10: The Defendants shall have up to, and including, June 18, 2010, within which to file a response to the Complaint. (Kaminski, H) (Entered: 06/15/2010)

June 15, 2010 RECAP
66

FIRST AMENDED COMPLAINT against all defendants by Anthony Arlen, Elisabeth Steadman, William M. Shockley, Charles Crannell, Collette Crannell, Freedom from Religion Foundation, Inc., Mike Osborne, Kristi Craven, Paul Ellcessor, Joseph Rittell, Wendy Corby, Pat Kelley, Carey Goldstein, Debora Smith, Kathy Fields, Richard Moore, Paul Storey, Susan Robinson, Ken Nahigian, Billy Ferguson, Karen Buchanan, Joseph Morrow.(Bolton, Richard) (Entered: 06/18/2010)

June 18, 2010 PACER
67

REQUEST for Permission to Appear Telephonically by United States of America re 64 Status Report filed by Pat Kelley, Carey Goldstein, Paul Storey, Freedom from Religion Foundation, Inc., Timothy Geithner, Ken Nahigian, Anthony Arlen, Wendy Corby, Karen Buchanan, Billy Ferguson, Richard Moore, Charles Crannell, Elisabeth Steadman, Selvi Stanislaus, Kathy Fields, Joseph Rittell, Mike Osborne, Susan Robinson, United States of America, William M. Shockley, Douglas Shulman, Kristi Craven, Paul Ellcessor, Collette Crannell, Joseph Morrow, Debora Smith. (Attachments: # 1 Proposed Order)(Schwartz, Richard) (Entered: 06/21/2010)

1 Proposed Order

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June 21, 2010 PACER
68

REQUEST for Leave to Appear by Telephone by Anthony Arlen, Elisabeth Steadman, William M. Shockley, Charles Crannell, Collette Crannell, Freedom from Religion Foundation, Inc., Mike Osborne, Kristi Craven, Paul Ellcessor, Joseph Rittell, Wendy Corby, Pat Kelley, Carey Goldstein, Debora Smith, Kathy Fields, Richard Moore, Paul Storey, Susan Robinson, Ken Nahigian, Billy Ferguson, Karen Buchanan, Joseph Morrow. (Attachments: # 1 Proposed Order Proposed Order to Allow Appearance by Telephone)(Bolton, Richard) (Entered: 06/21/2010)

1 Proposed Order Proposed Order to Allow Appearance by Telephone

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June 21, 2010 PACER
69

SECOND AMENDED COMPLAINT against all defendants by Anthony Arlen, Elisabeth Steadman, William M. Shockley, Charles Crannell, Collette Crannell, Freedom from Religion Foundation, Inc., Mike Osborne, Kristi Craven, Paul Ellcessor, Joseph Rittell, Wendy Corby, Pat Kelley, Carey Goldstein, Debora Smith, Kathy Fields, Richard Moore, Paul Storey, Susan Robinson, Ken Nahigian, Billy Ferguson, Karen Buchanan, Joseph Morrow.(Bolton, Richard) (Entered: 06/21/2010)

June 21, 2010 PACER
70

REQUEST for non-appearance or, in the alternative, telephonic appearance by Anthony Arlen, Elisabeth Steadman, William M. Shockley, Charles Crannell, Collette Crannell, Freedom from Religion Foundation, Inc., Mike Osborne, Kristi Craven, Paul Ellcessor, Joseph Rittell, Wendy Corby, Pat Kelley, Carey Goldstein, Debora Smith, Kathy Fields, Richard Moore, Paul Storey, Susan Robinson, Ken Nahigian, Billy Ferguson, Karen Buchanan, Joseph Morrow. (Attachments: # 1 Proposed Order Proposed Order re-Newdow Appearance)(Newdow, Michael) (Entered: 06/21/2010)

1 Proposed Order Proposed Order re-Newdow Appearance

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June 21, 2010 PACER
71

SCHEDULING ORDER signed by Judge William B. Shubb on 06/22/10: Discovery due by 7/30/2010. Designation of Expert Witnesses due by 2/17/2011. Non-Dispositive Motions filed by 6/3/2011. Counsel shall file separate pretrial statements. Final Pretrial Conference set for 8/22/2011 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. Bench Trial set for 10/25/2011 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Williams, D) (Entered: 06/24/2010)

June 24, 2010 PACER
72

[DISREGARD- SEE DOCUMENT 73 for Correct Image] ANSWER to AMENDED COMPLAINT for Declaratory and Injunctive Relief by Selvi Stanislaus.(Bowers, Jill) Modified on 7/2/2010 (Donati, J). (Entered: 06/30/2010)

June 30, 2010 PACER
73

ANSWER to CORRECTED AMENDED COMPLAINT by Selvi Stanislaus.(Bowers, Jill) Modified on 7/8/2010 (Zignago, K.). (Entered: 07/01/2010)

July 1, 2010 PACER
74

ANSWER to AMENDED COMPLAINT by United States of America.(Schwartz, Richard) (Entered: 07/14/2010)

July 14, 2010 PACER
75

JOINT MOTION to STAY by United States of America. Motion Hearing set for 2/14/2011 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. (Attachments: # 1 Proposed Order, # 2 Exhibit A)(Schwartz, Richard) Modified on 1/20/2011 (Kaminski, H). (Entered: 01/19/2011)

1 Proposed Order

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2 Exhibit A

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Jan. 19, 2011 PACER
76

MINUTE ORDER (TEXT ONLY): The parties are hereby notified that the 75 Joint Motion for Stay of Proceedings has been improperly noticed pursuant to Local Rule 230(b). The motion shall be heard on 2/28/2011 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. Counsel are instructed to immediately file and serve an amended notice of motion setting forth the above-referenced date and time, or the motion will be stricken. (Kirksey Smith, K) (Entered: 01/19/2011)

Jan. 19, 2011 PACER
77

AMENDED NOTICE to RESCHEDULE HEARING on 75 MOTION to STAY : Motion Hearing set for 2/28/2011 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. (Schwartz, Richard) Modified on 1/21/2011 (Kaminski, H). (Entered: 01/20/2011)

Jan. 20, 2011 PACER
78

REQUEST for Permission to Appear Telephonically by United States of America re 75 MOTION to STAY filed by United States of America, 77 Notice to Reschedule Hearing on Motion. (Attachments: # 1 Proposed Order)(Schwartz, Richard) (Entered: 02/02/2011)

1 Proposed Order

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Feb. 2, 2011 PACER
79

ORDER signed by Judge William B. Shubb on 2/7/11 re 78 ORDERING that the request for telephonic appearance of counsel for the US at the hearing on the joint motion for stay of proceedings is GRANTED. Attorney Jeremy N. Hendon and Richard A. Schwartz may appear by telephone, upon the condition that an attorney from the United States Attorney's Office also appear in person at the hearing. (Duong, D) Modified on 2/9/2011 (Duong, D). (Entered: 02/08/2011)

Feb. 8, 2011 RECAP
80

MINUTE ORDER (TEXT ONLY): On the Court's own motion, the parties are hereby notified that the 75 Joint Motion for Stay of Proceedings now set for 2/28/2011 is taken off calendar and under submission, no appearance is necessary. The Court shall issue a separate order. (Kirksey Smith, K) (Entered: 02/11/2011)

Feb. 11, 2011 PACER
81

ORDER signed by Judge William B. Shubb on 2/11/11 GRANTING 75 Joint Motion to Stay; No later than 10 days following the issuance of the Supreme Court's decision in Arizona Christian School Tuition Organization v Winn, the parties shall file a joint status report with the court. Case stayed. (Matson, R) (Entered: 02/14/2011)

Feb. 14, 2011 RECAP
82

JOINT STATUS REPORT by United States of America. (Attachments: # 1 Exhibit A)(Schwartz, Richard) (Entered: 04/08/2011)

1 Exhibit A

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April 8, 2011 PACER
83

ORDER signed by Judge William B. Shubb on 4/21/11 ORDERING that Discovery is due by 4/22/2011; Pretrial Motions filed by 6/3/2011; Motions challenging pltfs' standing in light of Winn filed by 5/27/2011; Oppositions filed by 6/17/11 and replies filed by 7/1/11; the Court grants the parties' request to continue the stay of all other proceedings until the forthcoming motions are resolved. (Manzer, C) (Entered: 04/21/2011)

April 21, 2011 RECAP
84

USCA OPINION #09-17753, the judgment of the district court is AFFIRMED in PART, VACATED in PART and REMANDED; each side shall bear its own costs. re 24 Notice of Appeal filed by Michael Rodgers (Reader, L) (Entered: 05/09/2011)

May 9, 2011 RECAP
85

MOTION to DISMISS for LACK of JURISDICTION by United States of America. Motion Hearing set for 7/18/2011 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. (Attachments: # 1 Points and Authorities in Support of United States' Renewed Motion to Dismiss)(Hendon, Jeremy) (Entered: 05/26/2011)

1 Points and Authorities in Support of United States' Renewed Motion to Dismi

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May 26, 2011 PACER
86

MOTION for JUDGMENT on the Pleadings by Selvi Stanislaus. Motion Hearing set for 7/18/2011 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. (Attachments: # 1 Points and Authorities, # 2 Exhibit 1)(Bowers, Jill) (Entered: 05/27/2011)

1 Points and Authorities

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2 Exhibit 1

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May 27, 2011 PACER
87

STIPULATION and PROPOSED ORDER for Dismissal by United States of America. (Attachments: # 1 Proposed Order)(Schwartz, Richard) (Entered: 06/17/2011)

1 Proposed Order

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June 17, 2011 RECAP
88

ORDER DISMISSING CASE without prejudice per 87 Stipulation of Dismissal, signed by Judge William B. Shubb on 6/17/11. The parties are to bear their own respective costs, including attorney fees and other litigation expenses. CASE CLOSED (Kastilahn, A) (Entered: 06/20/2011)

June 20, 2011 RECAP
89

MANDATE of USCA as to 24 Notice of Appeal; the 5/9/11 judgment of this court takes effect this date. (Manzer, C) (Entered: 07/05/2011)

July 5, 2011 PACER

State / Territory: California

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Oct. 16, 2009

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is a non-profit organization that promotes the separation of church and state

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of the Treasury (Washington), Federal

California Franchise Tax Board , State

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Establishment Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General:

Religious programs / policies