Case: Doe v. Trump

1:20-cv-02531 | U.S. District Court for the Northern District of Illinois

Filed Date: April 24, 2020

Closed Date: Feb. 26, 2021

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a class action filed on April 24 against the U.S. government to challenge the Exclusion Provision of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The plaintiff sought declaratory and injunctive relief as well as a temporary restraining order (TRO). On July 7 and October 9, the defendants filed motions to dismiss. The plaintiffs voluntarily dismissed the case in January 2021 after the Consolidated Appropriations Act, 2021 was passed, which effecti…

COVID-19 Summary: This is a class action filed on April 24 against the U.S. government to challenge the Exclusion Provision of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The plaintiff sought declaratory and injunctive relief as well as a temporary restraining order (TRO). On July 7 and October 9, the defendants filed motions to dismiss. The plaintiffs voluntarily dismissed the case in January 2021 after the Consolidated Appropriations Act, 2021 was passed, which effectively provided the same relief as sought by the plaintiffs. This case is believed to be closed.


On April 24, 2020, an individual married to a spouse without a social security number (SSN) filed this putative class-action lawsuit against the U.S. government to challenge the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The defendants were Donald J. Trump, in his official capacity as President, Mitch McConnell, in his official capacity as U.S. Senator and sponsor of the CARES Act, and Steven Mnuchin, in his official capacity as Acting Secretary of the U.S. Department of Treasury. The plaintiff alleged that the social security number requirement violated the First, Fifth, and Fourteenth Amendments of the U.S. Constitution including the right of association, the right to due process of law, and the right to equal protection. The plaintiff also claimed to have suffered substantial mental pain and suffering and severe emotional distress and injury and included a claim of Intentional Infliction of Emotional Distress. The plaintiffs filed this action in the U.S. District Court for the Northern District of Illinois and were represented by private attorneys. The plaintiff’s proposed class sought to include all U.S. citizens married to a spouse without an SSN, and who filed joint tax returns with immigrants who would otherwise qualify. The plaintiff sought declaratory and injunctive relief enjoining the enforcement of the CARES provision at issue. The plaintiff also sought attorney fees and class certification, and also requested a jury trial. The case was assigned to District Judge Sharon Johnson Coleman.

On March 27, President Trump announced the CARES Act aimed to provide emergency assistance and health care response to individuals and families affected by the COVID-19 pandemic. The CARES Act authorized the Internal Revenue Service (IRS) to distribute $1200.00 to each eligible individual who is U.S. citizens, permanent residents, or qualifying residing aliens with a valid SSN. Under Section 6428, or the Exclusion Provision, the applicant was also required to provide a “valid identification number,” or, an SSN of their spouse on their tax returns. The plaintiff, married to an immigrant with an Individual Taxpayer Identification Number (ITIN) but without an SSN, did not qualify for the Advance Payment. There are 1.2 million Americans married to immigrants who do not hold Social Security numbers.

The plaintiff argued that her exclusion from eligibility on the basis of her choice to marry a non-citizen was a violation of her First Amendment rights. Moreover, the plaintiff alleged that the Exclusion clause was against the due process and equal protection clauses of the Fifth and Fourteenth Amendments as it infringed her fundamental choice to marry whom she wished, and discrimination based on the fundamental right to marry is presumptively unconstitutional and subject to strict scrutiny. The plaintiff also argued that Section 6428 was not narrowly tailored to advance a compelling government interest, no rationally related to any legitimate government interest.

On April 27, the plaintiff submitted an amended class action complaint, adding that the Act violated the penumbra of privacy rights under the First, Third, Fourth, and Fourteenth Amendments, but removing the claim of emotional distress. On April 30, the plaintiff filed a motion for a temporary restraining order.

On May 2, the plaintiffs filed a second amended class action complaint and added two defendants, Charles Rettig, in his official capacity as U.S. Commissioner of Internal Revenue, the U.S. Department of Treasury, and the United States of America.

The defendants opposed the motion for a TRO on May 18, claiming that the court had no jurisdiction and the plaintiff failed to state a claim. They also argued that the plaintiff would not suffer irreparable injury because monetary relief would remedy the alleged harm and that the plaintiff had non-equitable remedies available because they could claim a credit under the CARES Act by filing a tax return separately from their spouse.

On July 7, the defendants filed a motion to dismiss the case against all defendants other than the United States of America, as the lawsuit was a constitutional challenge for equitable relief, for which they argued that the United States alone is the proper defendant. And on October 9, the defendants filed a motion to dismiss the claims against the United States on the basis of sovereign immunity and failure to state a claim. On December 14, the court granted and denied in part the defendants' motion to dismiss, dismissing the individual defendants from the lawsuit.

On January 19, 2021, the plaintiff moved to dismiss the case for lack of jurisdiction. The plaintiffs stated that, in December 2020, President Trump passed the Consolidated Appropriations Act, 2021, which contained a provision that amended the CARES Act to allow stimulus checks for a spouse or otherwise qualifying child as long as the valid identification number of at least one spouse was included on the tax return. Thus, the new act retroactively repealed and replaced the Exclusion Provision with one that provided substantially the same relief as sought by the plaintiffs. The court granted the motion on the same day. The plaintiffs' motion for temporary restraining order and defendants' motion to dismiss were stricken as moot.

On February 18, the plaintiffs moved for attorney fees, and the defendants moved to strike the plaintiffs motion on February 26. The court granted the defendants' motion on the same day, as the plaintiffs did not comply with Local Rule 54.3. The court stated that plaintiffs were permitted to file a renewed motion if they complied with the Rule.

This case is believed to be closed.

Summary Authors

Averyn Lee (7/12/2020)

Chandler Hart-McGonigle (11/30/2020)

Zofia Peach (3/11/2021)

Related Cases

Does v. Trump, Western District of Wisconsin (2020)

Doe v. Trump, Central District of California (2020)

Does v. Trump, Eastern District of Wisconsin (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17101164/parties/doe-v-trump/


Judge(s)

Coleman, Sharon Johnson (Illinois)

Attorneys(s) for Plaintiff

Abuzir, Omar A (Illinois)

Blaise, Heather Lea (Illinois)

Gavin, Elisabeth Anne (Illinois)

Khalaf, Vivian R (Illinois)

Moore, Guinevere Marie (Illinois)

Nassar, Lana B (Illinois)

Nitschke, Thomas John (Illinois)

Attorneys(s) for Defendant

Konig, Jordan Andrew (District of Columbia)

Williamson, Christopher James (District of Columbia)

Judge(s)

Coleman, Sharon Johnson (Illinois)

Attorneys(s) for Plaintiff

Abuzir, Omar A (Illinois)

Blaise, Heather Lea (Illinois)

Gavin, Elisabeth Anne (Illinois)

Khalaf, Vivian R (Illinois)

Moore, Guinevere Marie (Illinois)

Nassar, Lana B (Illinois)

Nitschke, Thomas John (Illinois)

Attorneys(s) for Defendant

Konig, Jordan Andrew (District of Columbia)

Williamson, Christopher James (District of Columbia)

Zuckerman, Richard E (District of Columbia)

Documents in the Clearinghouse

Document

1:20-cv-02531

Docket [PACER]

Feb. 26, 2021

Feb. 26, 2021

Docket
1

1:20-cv-02531

Class Action Complaint

April 24, 2020

April 24, 2020

Complaint
11

1:20-cv-02531

First Amended Class Action Complaint

April 27, 2020

April 27, 2020

Complaint
13 (incl. 13-1 to 13-4)

1:20-cv-02531

Emergency Motion for Temporary Restraining Order, Preliminary Injunction and/or Declaratory Judgment

April 30, 2020

April 30, 2020

Pleading / Motion / Brief
20

1:20-cv-02531

Second Amended Class Action Complaint

May 2, 2020

May 2, 2020

Complaint
22

1:20-cv-02531

United States' Memorandum in Opposition to Plaintiff's Emergency Motion for Temporary Restraining Order, Preliminary Injunction and/or Declaratory Judgment

May 18, 2020

May 18, 2020

Pleading / Motion / Brief
25 (incl. 25-1 to 25-5)

1:20-cv-02531

Plaintiff's Reply in Support of his Emergency Motion for Temporary Restraining Order, Preliminary Injunction and/or Declaratory Judgment

May 29, 2020

May 29, 2020

Pleading / Motion / Brief
44, 45

1:20-cv-02531

Motion to Dismiss Claims Against All Defendants Other Than the United States

July 7, 2020

July 7, 2020

Pleading / Motion / Brief
61

1:20-cv-02531

Motion to Dismiss Claims Against the United States

Oct. 9, 2020

Oct. 9, 2020

Pleading / Motion / Brief
70

1:20-cv-02531

Memorandum Opinion and Order

2020 WL 7337818

Dec. 14, 2020

Dec. 14, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17101164/doe-v-trump/

Last updated May 30, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
7

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)

March 30, 2020

March 30, 2020

PACER
1

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

April 24, 2020

April 24, 2020

RECAP

case assigned

April 24, 2020

April 24, 2020

PACER
2

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

April 24, 2020

April 24, 2020

PACER

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

April 24, 2020

April 24, 2020

PACER
3

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

April 24, 2020

April 24, 2020

PACER
4

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

April 24, 2020

April 24, 2020

PACER
5

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

April 24, 2020

April 24, 2020

PACER
6

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

April 24, 2020

April 24, 2020

PACER
8

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

April 24, 2020

April 24, 2020

PACER
9

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

April 24, 2020

April 24, 2020

PACER
10

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)

April 24, 2020

April 24, 2020

PACER
11

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

April 27, 2020

April 27, 2020

RECAP

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

April 29, 2020

April 29, 2020

PACER

summons issued

April 29, 2020

April 29, 2020

PACER
12

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

April 30, 2020

April 30, 2020

PACER
13

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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April 30, 2020

April 30, 2020

PACER
14

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)

April 30, 2020

April 30, 2020

PACER
15

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

April 30, 2020

April 30, 2020

PACER
16

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

May 1, 2020

May 1, 2020

PACER
17

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)

May 1, 2020

May 1, 2020

PACER
18

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

May 1, 2020

May 1, 2020

PACER
19

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)

May 1, 2020

May 1, 2020

PACER
20

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

May 2, 2020

May 2, 2020

PACER
21

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)

May 6, 2020

May 6, 2020

PACER
22

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

May 18, 2020

May 18, 2020

PACER

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

May 19, 2020

May 19, 2020

PACER

summons issued

May 19, 2020

May 19, 2020

PACER
23

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)

May 26, 2020

May 26, 2020

PACER
24

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

May 27, 2020

May 27, 2020

PACER
25

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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May 29, 2020

May 29, 2020

PACER
26

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)

June 18, 2020

June 18, 2020

PACER
27

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)

June 18, 2020

June 18, 2020

PACER
28

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)

June 18, 2020

June 18, 2020

PACER
29

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)

June 18, 2020

June 18, 2020

PACER
30

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)

June 18, 2020

June 18, 2020

PACER
31

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)

June 18, 2020

June 18, 2020

PACER
32

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)

June 18, 2020

June 18, 2020

PACER
33

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)

June 18, 2020

June 18, 2020

PACER
34

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)

June 18, 2020

June 18, 2020

PACER
35

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

1 Exhibit A

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June 23, 2020

June 23, 2020

PACER
36

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

June 23, 2020

June 23, 2020

PACER
37

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)

June 23, 2020

June 23, 2020

PACER
38

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)

June 29, 2020

June 29, 2020

PACER
39

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

June 29, 2020

June 29, 2020

RECAP
40

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)

June 30, 2020

June 30, 2020

PACER
41

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)

July 1, 2020

July 1, 2020

PACER
42

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)

July 1, 2020

July 1, 2020

RECAP
43

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)

July 7, 2020

July 7, 2020

PACER
44

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)

July 7, 2020

July 7, 2020

PACER
45

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)

July 7, 2020

July 7, 2020

PACER
46

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)

July 7, 2020

July 7, 2020

PACER
47

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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July 8, 2020

July 8, 2020

PACER
48

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)

July 8, 2020

July 8, 2020

PACER
49

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)

July 10, 2020

July 10, 2020

PACER
50

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

Aug. 4, 2020

Aug. 4, 2020

PACER
51

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)

Aug. 4, 2020

Aug. 4, 2020

PACER
52

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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Aug. 4, 2020

Aug. 4, 2020

PACER
53

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

1 Exhibit A

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Aug. 6, 2020

Aug. 6, 2020

PACER
54

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)

Aug. 10, 2020

Aug. 10, 2020

PACER
55

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)

Aug. 11, 2020

Aug. 11, 2020

PACER

summons issued as to USA

Aug. 11, 2020

Aug. 11, 2020

PACER

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

Aug. 11, 2020

Aug. 11, 2020

PACER
56

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)

Aug. 11, 2020

Aug. 11, 2020

PACER
57

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)

Aug. 14, 2020

Aug. 14, 2020

PACER
58

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

Sept. 23, 2020

Sept. 23, 2020

PACER
59

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

Oct. 6, 2020

Oct. 6, 2020

PACER
60

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)

Oct. 6, 2020

Oct. 6, 2020

PACER
61

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)

Oct. 9, 2020

Oct. 9, 2020

RECAP
62

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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Oct. 9, 2020

Oct. 9, 2020

PACER
63

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)

Oct. 14, 2020

Oct. 14, 2020

PACER
64

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

Oct. 23, 2020

Oct. 23, 2020

PACER
65

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)

Oct. 26, 2020

Oct. 26, 2020

PACER
66

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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Nov. 12, 2020

Nov. 12, 2020

RECAP
67

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)

Nov. 18, 2020

Nov. 18, 2020

PACER
68

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)

Nov. 18, 2020

Nov. 18, 2020

PACER
69

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

Dec. 4, 2020

Dec. 4, 2020

PACER
70

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)

Dec. 14, 2020

Dec. 14, 2020

RECAP
71

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

Jan. 19, 2021

Jan. 19, 2021

RECAP
72

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)

Jan. 19, 2021

Jan. 19, 2021

PACER
73

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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Feb. 18, 2021

Feb. 18, 2021

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74

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)

Feb. 19, 2021

Feb. 19, 2021

PACER
75

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)

Feb. 26, 2021

Feb. 26, 2021

RECAP
76

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)

Feb. 26, 2021

Feb. 26, 2021

RECAP

Case Details

State / Territory: Illinois

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 24, 2020

Closing Date: Feb. 26, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All United States Citizens married to immigrants that file joint taxes wherein the immigrant-spouses file tax returns using an Individual Taxpayer Identification Number whom would have otherwise qualified for the Stimulus Check

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

President of the United States, Federal

Senator and Sponsor of the CARES Act, Federal

Acting Secretary of the U.S. Department of Treasury, Federal

U.S. Commissioner of Internal Revenue, Federal

United States of America, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Freedom of speech/association

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:

Disparate Treatment

Marriage

Public assistance grants

Discrimination-basis:

Family discrimination

Immigration status