Case: Doe v. Trump

Lolita Buckner Inniss

ORDER: Second Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance. Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice (rc, ) (Entered: 04/24/2020)

COMPLAINT Class Action Complaint filed by John Doe; Jury Demand. Filing fee $ 400, receipt number 0752-16953658.(Nassar, Lana) (Entered: 04/24/2020)

case assigned

CIVIL Cover Sheet (Nassar, Lana) (Entered: 04/24/2020)

CASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (acm, )

ATTORNEY Appearance for Plaintiff John Doe by Lana B Nassar (Nassar, Lana) (Entered: 04/24/2020)

ATTORNEY Appearance for Plaintiff John Doe by Heather Lea Blaise (Blaise, Heather) (Entered: 04/24/2020)

ATTORNEY Appearance for Plaintiff John Doe by Thomas John Nitschke (Nitschke, Thomas) (Entered: 04/24/2020)

ATTORNEY Appearance for Plaintiff John Doe by Omar A Abuzir (Abuzir, Omar) (Entered: 04/24/2020)

ATTORNEY Appearance for Plaintiff John Doe by Elisabeth Anne Gavin (Gavin, Elisabeth) (Entered: 04/24/2020)

ATTORNEY Appearance for Plaintiff John Doe by Vivian R. Khalaf (Khalaf, Vivian) (Entered: 04/24/2020)

ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket10, ) (Entered: 04/27/2020)

First AMENDED complaint by John Doe against All Defendants (Nassar, Lana) (Entered: 04/27/2020)

SUMMONS Issued as to Defendants Mitch McConnell, Steven Mnuchin, Donald J Trump. (ng, )

summons issued

SUMMONS Returned Executed by John Doe as to All Defendants (Nassar, Lana) (Entered: 04/30/2020)

MOTION by Plaintiff John Doe for temporary restraining order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit Group C, # 4 Exhibit D)(Nassar, Lana) (Entered: 04/30/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit Group C

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4 Exhibit D

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MOTION by Plaintiff John Doe to expedite Plaintiff's Emergency Motion for a Temporary Restraining Order, Preliminary Injunction, and/or Declaratory Judgment (Nassar, Lana) (Entered: 04/30/2020)

MOTION by Plaintiff John Doe for leave to file excess pages (Nassar, Lana) (Entered: 04/30/2020)

ATTORNEY Appearance for Defendants Mitch McConnell, Steven Mnuchin, Donald J Trump by Jordan Andrew Konig (Konig, Jordan) (Entered: 05/01/2020)

ORDER Signed by the Honorable Robert M. Dow, Jr. on 5/1/2020. This matter is before Judge Dow as emergency judge. Plaintiffs in this case filed their original complaint 1 on April 24, 2020. A few days later, Plaintiffs filed an amended complaint 11 . Shortly before midnight last night, Plaintiffs filed three motions: (1) a motion for temporary restraining order 13, (2) a motion to expedite 14, and (3) a motion for leave to file excess pages 15 . The motion for leave to file excess pages 15 is granted and Plaintiffs' 35-page brief is accepted instanter. The motion to expedite 14 is also granted. The motion for TRO 13 is taken under advisement. Based on the Court's initial review of the motions and supporting memorandum, it is clear that expedited briefing should be ordered. However, as Plaintiffs point out [see 15, at 2], their case involves high level of "complexity" and requires the presentation of a "vast amount of information and arguments" in oversized briefing, all of which requires adequate time and space to present cogently for the Court's consideration. In other words, while the motion will receive expedited treatment, the briefing schedule should not be so compressed as to compromise quality of the parties' presentations, particularly since the CARES Act was signed into law on March 27 [see 13, at 4] and the TRO motion was not brought until April 30. To facilitate the setting of a briefing schedule, the Court directs counsel to confer and to file on the docket by 5:00 p.m. today a joint status report indicating whether they have agreed on a schedule for the filing of response and reply briefs, taking into account the Court's views as expressed above. If no agreement is reached, the Court will set a briefing schedule in a forthcoming order. Given that the CARES Act is fixed at this time (though always subject to amendment by Congress, of course) and that the proposed class is clearly defined in the complaint and opening brief, the Court's present impression is that a hearing will not be needed at least until after response and reply briefs are filed and reviewed by the Court. However, the Court reserves the right to set this matter for an evidentiary hearing and/or oral argument after it reviews the full briefing. Mailed notice(cdh, ) (Entered: 05/01/2020)

STATUS Report [Joint] by John Doe (Nassar, Lana) (Entered: 05/01/2020)

MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the parties' joint status report 18, the Court orders as follows: (1) Plaintiff is given leave to file a second amended complaint per the parties' stipulation; (2) Defendants are given until 5/18/2020 to file a response brief of up to 35 pages in length; (3) Plaintiff is given until 5/29/2000 to file a reply brief of up to 35 pages in length, although Plaintiff may file the reply earlier if Plaintiff wishes to do so. The Court will either issue a ruling by mail or set the matter for hearing after reviewing the briefs and exhibits. Mailed notice (cdh, ) (Entered: 05/01/2020)

Second AMENDED complaint by John Doe against All Defendants (Nassar, Lana) (Entered: 05/02/2020)

ATTORNEY Appearance for Defendants Mitch McConnell, Steven Mnuchin, Charles Rettig, Donald J Trump, U.S. Department of Treasury, U.S. Internal Revenue Service, United States of America by Christopher James Williamson (Williamson, Christopher) (Entered: 05/06/2020)

MEMORANDUM by United States of America in Opposition to motion for temporary restraining order 13 (Konig, Jordan) (Entered: 05/18/2020)

SUMMONS Issued as to Defendants Charles Rettig, U.S. Department of Treasury, U.S. Internal Revenue Service. (ng, )

summons issued

ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket11, ) (Entered: 05/26/2020)

ATTORNEY Appearance for Plaintiff John Doe by Guinevere Marie Moore (Moore, Guinevere) (Entered: 05/27/2020)

REPLY by Plaintiff John Doe to motion for temporary restraining order 13 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Nassar, Lana) (Entered: 05/29/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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SUMMONS Returned Executed by John Doe as to Donald J Trump served on 5/8/2020, answer due 7/7/2020 (Nassar, Lana) (Entered: 06/18/2020)

SUMMONS Returned Executed by John Doe as to Mitch McConnell served on 5/11/2020, answer due 7/10/2020 (Nassar, Lana) (Entered: 06/18/2020)

SUMMONS Returned Executed by John Doe as to Steven Mnuchin served on 5/12/2020, answer due 7/13/2020 (Nassar, Lana) (Entered: 06/18/2020)

SUMMONS Returned Executed by John Doe as to Charles Rettig served on 5/29/2020, answer due 7/28/2020 (Nassar, Lana) (Entered: 06/18/2020)

SUMMONS Returned Executed by John Doe as to Charles Rettig served on 6/1/2020, answer due 7/31/2020 (Nassar, Lana) (Entered: 06/18/2020)

SUMMONS Returned Executed by John Doe as to U.S. Department of Treasury served on 5/29/2020, answer due 7/28/2020 (Nassar, Lana) (Entered: 06/18/2020)

SUMMONS Returned Executed by John Doe as to U.S. Department of Treasury served on 6/1/2020, answer due 7/31/2020 (Nassar, Lana) (Entered: 06/18/2020)

SUMMONS Returned Executed by John Doe as to U.S. Internal Revenue Service served on 5/29/2020, answer due 7/28/2020 (Nassar, Lana) (Entered: 06/18/2020)

SUMMONS Returned Executed by John Doe as to U.S. Internal Revenue Service served on 6/1/2020, answer due 7/31/2020 (Nassar, Lana) (Entered: 06/18/2020)

Notice of Supplemental Authority by John Doe (Attachments: # 1 Exhibit A)(Nassar, Lana) (Entered: 06/23/2020)

1 Exhibit A

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MOTION by Plaintiff John DoeMotion to Proceed Under a Pseudonym (Nassar, Lana) (Entered: 06/23/2020)

NOTICE of Motion by Lana B Nassar for presentment of motion for miscellaneous relief 36 before Honorable Sharon Johnson Coleman on 6/30/2020 at 08:45 AM. (Nassar, Lana) (Entered: 06/23/2020)

MINUTE entry before the Honorable Sharon Johnson Coleman: The presentment of plaintiff's motion to proceed under a pseudonym 36 set for 6/30/2020 at 8:45 AM is reset to 9:45 AM (NOTE TIME CHANGE ONLY) and is converted to a telephonic motion hearing. The call-in number is (877)336-1829 and the access code is 5205245. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ym, ) (Entered: 06/29/2020)

MEMORANDUM by United States of America in Opposition to motion for miscellaneous relief 36 (Konig, Jordan) (Entered: 06/29/2020)

MINUTE entry before the Honorable Sharon Johnson Coleman: Telephonic motion hearing held on 6/30/2020. After hearing brief oral arguments on plaintiff's motion to proceed under a pseudonym 36, the Court takes the matter under advisement. Plaintiff's motion for temporary restraining order 13 is fully briefed, the Court shall take the matter under advisement. A status hearing will be set once the Court rules on the motion for temporary restraining order. Mailed notice. (ym, ) (Entered: 06/30/2020)

MINUTE entry before the Honorable Sharon Johnson Coleman: The Court clarifies minute entry 40 . Plaintiff's motion for temporary restraining order 13 is fully briefed and will be ruled on by Judge Dow as stated in the minute entry entered on 5/1/2020 19 . Mailed notice. (ym, ) (Entered: 07/01/2020)

ORDER: The Court, in its discretion, denies plaintiff's motion to proceed under a pseudonym 36 . Signed by the Honorable Sharon Johnson Coleman on 7/1/2020. Mailed notice. (ym, ) (Entered: 07/01/2020)

TRANSCRIPT OF PROCEEDINGS held on 6/30/2020 before the Honorable Sharon Johnson Coleman. Order Number: 38735. Court Reporter Contact Information: TRACEY D. McCULLOUGH, 312-435-5570, tracey_mccullough@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 7/28/2020. Redacted Transcript Deadline set for 8/7/2020. Release of Transcript Restriction set for 10/5/2020. (Mccullough, Tracey) (Entered: 07/07/2020)

MOTION by Defendants Steven Mnuchin, Charles Rettig, U.S. Department of Treasury, Mitch McConnell, U.S. Internal Revenue Service, Donald J Trump to dismiss (Konig, Jordan) (Entered: 07/07/2020)

MEMORANDUM by Mitch McConnell, Steven Mnuchin, Charles Rettig, Donald J Trump, U.S. Department of Treasury, U.S. Internal Revenue Service in support of motion to dismiss 44 (Konig, Jordan) (Entered: 07/07/2020)

NOTICE of Motion by Jordan Andrew Konig for presentment of motion to dismiss 44 before Honorable Sharon Johnson Coleman on 7/14/2020 at 08:45 AM. (Konig, Jordan) (Entered: 07/07/2020)

Notice of Supplemental Authority by United States of America (Attachments: # 1 Exhibit A - Order Denying Plaintiff's Motion for a Temporary Restraining Order)(Konig, Jordan) (Entered: 07/08/2020)

1 Exhibit A - Order Denying Plaintiff's Motion for a Temporary Restraining Or

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MINUTE entry before the Honorable Sharon Johnson Coleman: Plaintiff to file a response to defendants' motion to dismiss 44 by 8/4/2020. Defendants' reply to be filed by 8/11/2020. No appearance necessary on 7/14/2020. Mailed notice. (ym, ) (Entered: 07/08/2020)

ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk9, Docket) (Entered: 07/10/2020)

MOTION by Defendant United States of America to dismiss (Konig, Jordan) (Entered: 08/04/2020)

NOTICE of Motion by Jordan Andrew Konig for presentment of motion to dismiss 50 before Honorable Sharon Johnson Coleman on 8/11/2020 at 08:45 AM. (Konig, Jordan) (Entered: 08/04/2020)

RESPONSE by John Doein Opposition to MOTION by Defendants Steven Mnuchin, Charles Rettig, U.S. Department of Treasury, Mitch McConnell, U.S. Internal Revenue Service, Donald J Trump to dismiss 44 (Attachments: # 1 Exhibit A)(Gavin, Elisabeth) (Entered: 08/04/2020)

1 Exhibit A

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Notice of Supplemental Authority by John Doe (Attachments: # 1 Exhibit A)(Nassar, Lana) (Entered: 08/06/2020)

1 Exhibit A

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MINUTE entry before the Honorable Sharon Johnson Coleman: Presentment of defendant United States of America's motion to dismiss 50 set for 8/11/2020 at 8:45 AM is reset to 10:15 AM (NOTE TIME CHANGE ONLY) and converted to a telephonic motion hearing. The call-in number is (877)336-1829 and the access code is 5205245. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ym, ) (Entered: 08/10/2020)

REPLY by Mitch McConnell, Steven Mnuchin, Charles Rettig, Donald J Trump, U.S. Department of Treasury, U.S. Internal Revenue Service to response in opposition to motion, 52 (Konig, Jordan) (Entered: 08/11/2020)

summons issued as to USA

SUMMONS Issued as to United States of America and U.S. Attorney (mp, )

MINUTE entry before the Honorable Sharon Johnson Coleman: Telephonic motion hearing held on 8/11/2020. Oral motion by plaintiff to have summons issued instanter as to defendant United States of America is granted without objections. Defendant United States of America's motion to dismiss 50 is stricken as moot. Defendants Steven Mnuchin, Charles Rettig, U.S. Department of Treasury, Mitch McConnell, U.S. Internal Revenue Service, Donald J Trump's motion to dismiss 44 is fully briefed, the Court shall take it under advisement. Telephonic status hearing is set for 9/25/2020 at 9:30 AM. The call-in number is (877)336-1829 and the access code is 5205245. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ym, ) (Entered: 08/11/2020)

SUMMONS Returned Executed by John Doe as to United States of America served on 8/12/2020, answer due 10/13/2020 (Nassar, Lana) (Entered: 08/14/2020)

MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing set for 9/25/2020 is stricken. Mailed notice. (ym, ) (Entered: 09/23/2020)

MOTION by Defendant United States of America for leave to file excess pages (Konig, Jordan) (Entered: 10/06/2020)

MINUTE entry before the Honorable Sharon Johnson Coleman: Defendant United States of America's unopposed motion to exceed page limit 59 is granted. Mailed notice. (ym, ) (Entered: 10/06/2020)

MOTION by Defendant United States of America to dismiss for lack of jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant United States of America (Konig, Jordan) (Entered: 10/09/2020)

MEMORANDUM by United States of America in support of motion to dismiss/lack of jurisdiction, Motion to Dismiss for Failure to State a Claim 61 (Attachments: # 1 Amador v. Mnuchin, # 2 Black Bear Sports Grp. v. Amateur Hockey Ass'n of Ill., # 3 Brest v. Lewis, # 4 CRS Report RS21732, # 5 CRS Report R43840, # 6 CRS Report R46339, # 7 Doe v. Trump (Order Denying TRO), # 8 Doe v. Trump (Order Granting Motion to Dismiss), # 9 EIP Q2 and Q7, # 10 Fatani v. IRS, # 11 Goldberg v. United States, # 12 Hall v. United States, # 13 Hoelscher v. United States, # 14 IRS Pub. 519, # 15 Irs.gov ITIN Description, # 16 Lee v. Orr, # 17 Petit v. IRS, # 18 Scholl v. Mnuchin, # 19 Turner v. Hawkins, # 20 Villars v. Kubiatowski)(Konig, Jordan) (Entered: 10/09/2020)

1 Amador v. Mnuchin

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2 Black Bear Sports Grp. v. Amateur Hockey Ass'n of Ill.

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3 Brest v. Lewis

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4 CRS Report RS21732

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5 CRS Report R43840

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6 CRS Report R46339

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7 Doe v. Trump (Order Denying TRO)

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8 Doe v. Trump (Order Granting Motion to Dismiss)

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9 EIP Q2 and Q7

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10 Fatani v. IRS

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11 Goldberg v. United States

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12 Hall v. United States

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13 Hoelscher v. United States

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14 IRS Pub. 519

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15 Irs.gov ITIN Description

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16 Lee v. Orr

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17 Petit v. IRS

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18 Scholl v. Mnuchin

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19 Turner v. Hawkins

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20 Villars v. Kubiatowski

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MINUTE entry before the Honorable Sharon Johnson Coleman: Plaintiff to file a response to defendant United States of America's motion to dismiss 61 by 11/12/2020. Defendant's reply to be filed by 11/27/2020. Once the motion is fully briefed, the Court shall take it under advisement. Mailed notice. (ym, ) (Entered: 10/14/2020)

MOTION by Plaintiff John Doe for leave to file excess pages (Nassar, Lana) (Entered: 10/23/2020)

MINUTE entry before the Honorable Sharon Johnson Coleman: Plaintiff's unopposed motion to exceed page limit 64 is granted. Mailed notice. (ym, ) (Entered: 10/26/2020)

MEMORANDUM by John Doe in Opposition to motion to dismiss/lack of jurisdiction, Motion to Dismiss for Failure to State a Claim 61 (Attachments: # 1 Exhibit A)(Nassar, Lana) (Entered: 11/12/2020)

1 Exhibit A

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MOTION by Defendant United States of America for extension of time to file response/reply as to set motion and R&R deadlines/hearings, 63 (Konig, Jordan) (Entered: 11/18/2020)

MINUTE entry before the Honorable Sharon Johnson Coleman: Defendant United States of America's motion to extend reply deadline 67 is granted. Reply to the motion to dismiss 61 to be filed on or before 12/4/2020. Once the matter is fully briefed, the Court shall take it under advisement. Mailed notice. (ym, ) (Entered: 11/18/2020)

REPLY by United States of America to memorandum in opposition to motion 66 (Konig, Jordan) (Entered: 12/04/2020)

MEMORANDUM Opinion and Order: The Court grants in part and denies in part the United States' motion to dismiss 44 . The Court dismisses the individual defendants from this lawsuit. The remaining defendants include the United States, the Internal Revenue Service, and the U.S. Department of Treasury. Signed by the Honorable Sharon Johnson Coleman on 12/14/2020. Mailed notice. (ym, ) (Entered: 12/14/2020)

MOTION by Plaintiff John Doe to dismiss for lack of jurisdiction (Nassar, Lana) (Entered: 01/19/2021)

MINUTE entry before the Honorable Sharon Johnson Coleman: Plaintiff's unopposed motion to dismiss for lack of subject matter jurisdiction 71 is granted. Plaintiff's motion for temporary restraining order 13 and defendant United States of America's motion to dismiss 61 are stricken as moot. Civil case terminated. Mailed notice. (ym, ) (Entered: 01/19/2021)

MOTION by Plaintiff John Doe for attorney fees pursuant to the Equal Access to Justice Act, as amended, 5 U.S.C. ยง 504 and 28 U.S.C. ยง 2412(d) (Attachments: # 1 Exhibit Group Exhibit 1, # 2 Exhibit Group Exhibit 2)(Nassar, Lana) (Entered: 02/18/2021)

1 Exhibit Group Exhibit 1

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2 Exhibit Group Exhibit 2

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MINUTE entry before the Honorable Sharon Johnson Coleman: Defendants to file a response to plaintiff's application for E.A.J.A. fees and costs 73 by 3/19/2021. Plaintiff to file a reply by 4/2/2021. Once the matter is fully briefed, the Court shall take it under advisement. Mailed notice. (ym, ) (Entered: 02/19/2021)

MOTION by Defendant United States of America to strike MOTION by Plaintiff John Doe for attorney fees pursuant to the Equal Access to Justice Act, as amended, 5 U.S.C. ยง 504 and 28 U.S.C. ยง 2412(d) 73, MOTION by Defendant United States of America to vacate Scheduling Order Issued February 19, 2021 74 (Konig, Jordan) (Entered: 02/26/2021)

MINUTE entry before the Honorable Sharon Johnson Coleman: Because plaintiff did not comply with Northern District of Illinois Local Rule 54.3, the Court grants defendants' motion to strike 75 plaintiff's application for EAJA fees and costs and the attendant briefing schedule 73 . Once plaintiff complies with Local Rule 54.3, he may file a renewed motion for EAJA fees and costs. Mailed notice. (ym, ) (Entered: 02/26/2021)