Case: Doe v. Trump

8:20-cv-00858 | U.S. District Court for the Central District of California

Filed Date: May 6, 2020

Closed Date: Jan. 12, 2021

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a class action filed on May 6 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 prohibiting the defendants from enforcing the Exclusion Provision. On July 8, the court denied the temporary restraining order and on September 2, the court found that administrative efficiency was a valid ratio…

COVID-19 Summary: This is a class action filed on May 6 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 prohibiting the defendants from enforcing the Exclusion Provision. On July 8, the court denied the temporary restraining order and on September 2, the court found that administrative efficiency was a valid rational basis for the Exclusion Provision and granted the government's motion to dismiss. The plaintiffs appealed, and subsequently moved to voluntarily dismiss the appeal. The court dismissed the case on January 21, 2021.


On May 6, 2020, an individual married to a spouse without a social security number (SSN) filed a lawsuit against the U.S. government to challenge the Exclusion Provision of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The plaintiffs alleged that 26 U.S.C. § 6428 (the Exclusion Provision), as enacted by Section 2101 of the CARES Act, violated Due Process, Equal Protection, and the penumbra of privacy rights under the First, Third, Fourth, Fifth, and Fourteenth Amendments. The plaintiffs filed this action in the U.S. District Court for the Central District of California as a declaratory and injunctive action under 28 U.S.C. §§ 2201-02 and 42 U.S.C. § 1983. Specifically, the plaintiff alleged that her exclusion from eligibility for the Stimulus Checks 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 Provision violated the Due Process and Equal Protection clauses of the Fifth and Fourteenth Amendments as it infringed her fundamental choice to marry whom she wished. The plaintiff also argued that § 6428 was not narrowly tailored to advance a compelling government interest, nor rationally related to any legitimate government interest. 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 for Stimulus Checks. The plaintiff sought declaratory and injunctive relief enjoining the enforcement of the Exclusion Provision and an order requiring the defendants to hold in escrow or earmark sufficient funds to issue Stimulus Checks to the proposed class. The plaintiff also sought attorney fees and class certification, and also requested a jury trial. The case was assigned to District Judge David O. Carter.

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 was a U.S. citizen, permanent resident, or a qualifying residing alien with a valid SSN. Under § 6428, 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.

On May 8, the plaintiff filed an ex parte application for a Temporary Restraining Order (TRO) prohibiting the defendants from enforcing the Exclusion Provision. The same day, the case was transferred to Judge Stephen V. Wilson and Magistrate Judge John E. McDermott for all further proceedings.

On May 11, the defendants filed an opposition to the temporary restraining order, noting that the plaintiff had not applied for the benefit herself. The defendants asserted that until the plaintiff herself applied for the tax benefit and was denied by the IRS, she lacked Article III standing to bring the claim. The defendant also argued that the government was also entitled to sovereign immunity.

The complaint was amended on June 3 to add another plaintiff married to a non-citizen without an SSN who otherwise would have qualified for the benefit. On June 15, the defendants filed a motion to dismiss the case for lack of jurisdiction and failure to state a claim.

The Federation for American Immigration Reform (FAIR) and Attorneys United for Secure America both moved to file amicus briefs in support of the defendants, but their motions were denied. On July 8, the court denied the motion for a temporary restraining order, finding that the plaintiff did not have a substantial argument that the exclusion provision was not rational. 2020 WL 5076999. On July 13, the court denied the defendants motion to dismiss and requested further briefing that addressed whether the Exclusion Provision had a rational basis, and therefore was constitutional.

In supplemental briefs, the defendants argued that the Exclusion Provision was included to promote administrative efficiency and minimize delays in the distribution of checks. The plaintiffs argued that the Exclusion Provision discriminated on the basis of national origin and also compelled speech by forcing individuals to mark “married filing separately” on their tax return in order to receive the Stimulus Checks. The plaintiffs additionally claimed that the IRS had the capacity to distinguish which individuals met the requirements for the Stimulus Checks. Ultimately, the court held that the need for speed and administrative efficiency in distributing the checks was a valid rational basis for the Exclusion Provision, and on September 2 the court granted defendants motion to dismiss. 2020 WL 5492994.

The plaintiffs appealed to the Ninth Circuit Court of Appeals on September 30, and the appeal was assigned USCA Case Number 20-56019. On January 12, 2021, the Ninth Circuit granted the plaintiffs' motion for voluntary dismissal. This case is now closed.

Summary Authors

Averyn Lee (7/12/2020)

Chandler Hart-McGonigle (11/30/2020)

Zofia Peach (3/11/2021)

Related Cases

Doe v. Trump, Northern District of Illinois (2020)

Does v. Trump, Western District of Wisconsin (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/17131503/parties/jane-doe-v-donald-j-trump/


Judge(s)

McDermott, John E. (California)

Wilson, Stephen Victor (California)

Attorneys(s) for Plaintiff

Abuzir, Omar A (Illinois)

Bennett, Corey B (California)

Boxer, Joshua D (California)

Gavin, Elisabeth Anne (Illinois)

Khalaf, Vivian R (Illinois)

Matern, Matthew John (California)

Moore, Guinevere Marie (Illinois)

Nassar, Lana B (Illinois)

Judge(s)

McDermott, John E. (California)

Wilson, Stephen Victor (California)

Attorneys(s) for Plaintiff

Abuzir, Omar A (Illinois)

Bennett, Corey B (California)

Boxer, Joshua D (California)

Gavin, Elisabeth Anne (Illinois)

Khalaf, Vivian R (Illinois)

Matern, Matthew John (California)

Moore, Guinevere Marie (Illinois)

Nassar, Lana B (Illinois)

Nitschke, Thomas John (Illinois)

Attorneys(s) for Defendant

Briggs, Melissa (California)

Coker, Thomas D (California)

Ellis, Jonathan Y. (District of Columbia)

Hanna, Nicola T. (California)

Other Attorney(s)

Blaise, Heather Lea (Illinois)

Joseph, Lawrence J (District of Columbia)

Mitchell, Jonathan F. (Texas)

Woodwark, Lorraine Glynis (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Jan. 12, 2021 Docket
1

Class Action Complaint

May 6, 2020 Complaint
9, 11 (incl. 11-1 to 11-7)

Plaintiff's Ex Parte Application for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should not Issue;

May 8, 2020 Pleading / Motion / Brief
26 (incl. 26-1 to 26-8)

Plaintiff's Reply in Support of Ex Parte Application for Temporary Restraining Order as to Cares Act

June 2, 2020 Pleading / Motion / Brief
28, 28-1

First Amended Class Action Complaint

June 3, 2020 Complaint
30, 30-1, 30-2

Motion to Dismiss; Memorandum of Points and Authorities; Proposed Order

June 15, 2020 Pleading / Motion / Brief
32, 32-1, 32-2

Plaintiffs' Opposition to Defendants' Motion to Dismiss

June 22, 2020 Pleading / Motion / Brief
37, 37-1, 37-2, 37-3

Notice of Motion and Motion for Leave to File Memorandum of Law as Amicus Brief in Support of Defendants’ Motion to Dismiss

June 29, 2020 Pleading / Motion / Brief
36

Reply to Opposition to Motion to Dismiss (ECF 32); Memorandum of Points and Authorities

June 29, 2020 Pleading / Motion / Brief
39, 39-1, 39-2

Notice of Motion and Motion for Leave to File An Amicus Curiae Brief in Support of the Defendants’ Motion to Dismiss

July 1, 2020 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17131503/jane-doe-v-donald-j-trump/

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

ECF Number Description Date Link
1

COMPLAINT Receipt No: ACACDC-26348694 - Fee: $400, filed by Plaintiff JANE DOE. (Attorney Heather Lea Blaise added to party JANE DOE(pty:pla))(Blaise, Heather) (Entered: 05/06/2020)

May 6, 2020 RECAP
2

CIVIL COVER SHEET filed by Plaintiff JANE DOE. (Blaise, Heather) (Entered: 05/06/2020)

May 6, 2020 PACER
3

NOTICE of Interested Parties filed by Plaintiff JANE DOE, identifying Jane Doe, Donald J. Trump, Mitch McConnell, Steven Mnuchin, Charles Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service, and the United States of America. (Blaise, Heather) (Entered: 05/06/2020)

May 6, 2020 PACER
4

NOTICE OF ASSIGNMENT to District Judge David O. Carter and Magistrate Judge Douglas F. McCormick. (esa) (Entered: 05/06/2020)

May 6, 2020 PACER
5

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) (Entered: 05/06/2020)

May 6, 2020 PACER
6

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Jane Doe. (Attachments: # 1 McConnell, # 2 Mnuchin, # 3 Rettig, # 4 Dept. of the Treasury, # 5 IRS)(Blaise, Heather) (Entered: 05/07/2020)

1 McConnell

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2 Mnuchin

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3 Rettig

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4 Dept. of the Treasury

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5 IRS

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May 7, 2020 PACER
7

INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER. (kd) (Entered: 05/07/2020)

May 7, 2020 PACER
8

NOTICE of Related Case(s) filed by Defendant Mitch McConnell, Steven Mnuchin, Charles P. Rettig, Donald J Trump, U.S. Department of the Treasury, U.S. Internal Revenue Service, United States of America. Related Case(s): 2:20-cv-04129-SVW-JEM (Ellis, John) (Entered: 05/08/2020)

May 8, 2020 PACER

Text Only Scheduling Notice

May 8, 2020 PACER
9

EX PARTE APPLICATION for Temporary Restraining Order as to CARES Act filed by Plaintiff Jane Doe. Ex Parte Application set for hearing on 5/11/2020 at 08:30 AM before Judge David O. Carter. (Blaise, Heather) (Entered: 05/08/2020)

May 8, 2020 PACER
10

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 2:20-cv-04129-SVW-JEM. Case transferred from Judge David O. Carter and Magistrate Judge Douglas F. McCormick to Judge Stephen V. Wilson and Magistrate Judge John E. McDermott for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:20-cv-00858-SVW-JEM. Signed by Judge Stephen V. Wilson. (rrp) (Entered: 05/08/2020)

May 8, 2020 PACER
11

MEMORANDUM in Support of EX PARTE APPLICATION for Temporary Restraining Order as to CARES Act 9 filed by Plaintiff Jane Doe. (Attachments: # 1 Memorandum In Support of Class Certification, # 2 Exhibit A - Affidavit of Jane Doe, # 3 Exhibit B - Affidavit of Heather L. Blaise, # 4 Exhibit C - Affidavit of Vivian Khalaf, # 5 Exhibit D - IRS Instructions, # 6 Proposed Order Temporary Restraining Order or Preliminary Injunction, # 7 Proposed Order To Show Cause)(Blaise, Heather) (Entered: 05/08/2020)

1 Memorandum In Support of Class Certification

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2 Exhibit A - Affidavit of Jane Doe

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3 Exhibit B - Affidavit of Heather L. Blaise

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4 Exhibit C - Affidavit of Vivian Khalaf

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5 Exhibit D - IRS Instructions

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6 Proposed Order Temporary Restraining Order or Preliminary Injunction

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7 Proposed Order To Show Cause

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May 8, 2020 PACER
12

IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson re: EX PARTE APPLICATION for Temporary Restraining Order as to CARES Act filed by Plaintiff 9 - The Court, having accepted transfer of this case from Judge Carter, VACATES and takes off-calendar the hearing previously scheduled for 05/11/2020 at 8:30 a.m. The Court will reset a hearing date if necessary THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY (Entered: 05/08/2020)

May 8, 2020 PACER
13

Notice of Appearance or Withdrawal of Counsel: for attorney Melissa Briggs counsel for Defendants Mitch McConnell, Steven Mnuchin, Charles P. Rettig, Donald J Trump, U.S. Department of the Treasury, U.S. Internal Revenue Service, United States of America. Adding Melissa Briggs as counsel of record for United States of America for the reason indicated in the G-123 Notice. Filed by Defendant United States of America. (Attorney Melissa Briggs added to party Mitch McConnell(pty:dft), Attorney Melissa Briggs added to party Steven Mnuchin(pty:dft), Attorney Melissa Briggs added to party Charles P. Rettig(pty:dft), Attorney Melissa Briggs added to party Donald J Trump(pty:dft), Attorney Melissa Briggs added to party U.S. Department of the Treasury(pty:dft), Attorney Melissa Briggs added to party U.S. Internal Revenue Service(pty:dft), Attorney Melissa Briggs added to party United States of America(pty:dft))(Briggs, Melissa) (Entered: 05/08/2020)

May 8, 2020 PACER
14

Notice of Appearance or Withdrawal of Counsel: for attorney John Ellis counsel for Defendants Mitch McConnell, Steven Mnuchin, Charles P. Rettig, Donald J Trump, U.S. Department of the Treasury, U.S. Internal Revenue Service, United States of America. Adding John D. Ellis as counsel of record for United States of America for the reason indicated in the G-123 Notice. Filed by Defendant United States of America. (Attorney John Ellis added to party Mitch McConnell(pty:dft), Attorney John Ellis added to party Steven Mnuchin(pty:dft), Attorney John Ellis added to party Charles P. Rettig(pty:dft), Attorney John Ellis added to party Donald J Trump(pty:dft), Attorney John Ellis added to party U.S. Department of the Treasury(pty:dft), Attorney John Ellis added to party U.S. Internal Revenue Service(pty:dft), Attorney John Ellis added to party United States of America(pty:dft))(Ellis, John) (Entered: 05/11/2020)

May 11, 2020 RECAP

Text Only Scheduling Notice

May 11, 2020 PACER
15

60 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant U.S. Internal Revenue Service. (mrgo) (Entered: 05/11/2020)

May 11, 2020 PACER
16

60 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant U.S. Department of the Treasury. (mrgo) (Entered: 05/11/2020)

May 11, 2020 PACER
17

60 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant Charles P. Rettig. (mrgo) (Entered: 05/11/2020)

May 11, 2020 PACER
18

60 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant Steven Mnuchin. (mrgo) (Entered: 05/11/2020)

May 11, 2020 PACER
19

60 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant Mitch McConnell. (mrgo) (Entered: 05/11/2020)

May 11, 2020 PACER
20

60 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant Donald J Trump. (mrgo) (Entered: 05/11/2020)

May 11, 2020 PACER
21

IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson: The Court instructs the Government to file a response brief to Plaintiffs motion for a temporary restraining order, Dkt. 9, by 5/26/20. Plaintiff may file a reply brief no later than 6/2/20. Each brief should not exceed 25 pages in length. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY (Entered: 05/11/2020)

May 11, 2020 PACER
22

OPPOSITION in Opposition re: EX PARTE APPLICATION for Temporary Restraining Order as to CARES Act 9 filed by Defendants Mitch McConnell, Steven Mnuchin, Charles P. Rettig, Donald J Trump, U.S. Department of the Treasury, U.S. Internal Revenue Service, United States of America. (Ellis, John) (Entered: 05/11/2020)

May 11, 2020 RECAP
23

OPPOSITION in Opposition re: EX PARTE APPLICATION for Temporary Restraining Order as to CARES Act 9 filed by Defendants Mitch McConnell, Steven Mnuchin, Charles P. Rettig, Donald J Trump, U.S. Department of the Treasury, U.S. Internal Revenue Service, United States of America. (Ellis, John) (Entered: 05/26/2020)

May 26, 2020 RECAP
24

Notice of Appearance or Withdrawal of Counsel: for attorney Matthew John Matern counsel for Plaintiff Jane Doe. Adding Matthew J. Matern as counsel of record for Jane Doe for the reason indicated in the G-123 Notice. Filed by Plaintiff Jane Doe. (Attorney Matthew John Matern added to party Jane Doe(pty:pla))(Matern, Matthew) (Entered: 06/02/2020)

June 2, 2020 PACER
25

Notice of Appearance or Withdrawal of Counsel: for attorney Joshua D Boxer counsel for Plaintiff Jane Doe. Adding Joshua D. Boxer as counsel of record for Jane Doe for the reason indicated in the G-123 Notice. Filed by Plaintiff Jane Doe. (Attorney Joshua D Boxer added to party Jane Doe(pty:pla))(Boxer, Joshua) (Entered: 06/02/2020)

June 2, 2020 PACER
26

REPLY In Support of EX PARTE APPLICATION for Temporary Restraining Order as to CARES Act 9 filed by Plaintiff Jane Doe. (Attachments: # 1 Declaration of Joshua D. Boxer In Support Thereof, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G)(Boxer, Joshua) (Entered: 06/02/2020)

1 Declaration of Joshua D. Boxer In Support Thereof

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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June 2, 2020 PACER
27

APPLICATION of Non-Resident Attorney Guinevere M. Moore to Appear Pro Hac Vice on behalf of Plaintiff Jane Doe (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26665841) filed by Plaintiff Jane Doe. (Attachments: # 1 Proposed Order) (Boxer, Joshua) (Entered: 06/03/2020)

1 Proposed Order

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June 3, 2020 PACER
28

First AMENDED COMPLAINT against Defendants Mitch McConnell, Steven Mnuchin, Charles P. Rettig, Donald J Trump, U.S. Department of the Treasury, U.S. Internal Revenue Service, United States of America amending Complaint (Attorney Civil Case Opening) 1, filed by Plaintiffs Jane Doe, John Doe (Attachments: # 1 Exhibit A)(Attorney Heather Lea Blaise added to party John Doe(pty:pla))(Blaise, Heather) (Entered: 06/03/2020)

1 Exhibit A

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June 3, 2020 PACER
29

MINUTES (IN CHAMBERS) by Judge Stephen V. Wilson: granting 27 Non-Resident Attorney Guinevere M. Moore APPLICATION to Appear Pro Hac Vice designating Joshua D. Boxer as local counsel. (yl) (Entered: 06/09/2020)

June 8, 2020 PACER
30

NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities (RE: related document(s) 28 Amended Complaint) filed by Defendant Mitch McConnell, Steven Mnuchin, Charles P. Rettig, Donald J Trump, U.S. Department of the Treasury, U.S. Internal Revenue Service, United States of America. Motion set for hearing on 7/13/2020 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: # 1 6.12.2020 Economic Impact Payment Information Center - Internal Revenue Service, # 2 Proposed Order Granting Motion to Dismiss) (Ellis, John) (Entered: 06/15/2020)

1 6.12.2020 Economic Impact Payment Information Center - Internal Revenue Service

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2 Proposed Order Granting Motion to Dismiss

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June 15, 2020 PACER
31

APPLICATION of Non-Resident Attorney Lana B. Nassar to Appear Pro Hac Vice on behalf of Plaintiffs John Doe, Jane Doe (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26885921) filed by Plaintiffs John Doe, Jane Doe. (Attachments: # 1 Proposed Order) (Attorney Joshua D Boxer added to party John Doe(pty:pla)) (Boxer, Joshua) (Entered: 06/19/2020)

1 Proposed Order

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June 19, 2020 PACER
32

OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities (RE: related document(s) 28 Amended Complaint) 30 filed by Plaintiffs John Doe, Jane Doe. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Blaise, Heather) (Entered: 06/22/2020)

1 Exhibit A

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2 Exhibit B

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June 22, 2020 PACER
33

ORDER by Judge Stephen V. Wilson: granting 31 Non-Resident Attorney Lana B. Nassar APPLICATION to Appear Pro Hac Vice on behalf of plaintiffs Jane Doe and John Doe, designating Joshua D. Boxer as local counsel. (mrgo) (Entered: 06/23/2020)

June 22, 2020 PACER
34

NOTICE Notice of Supplemental Authority filed by Plaintiffs John Doe, Jane Doe. (Attachments: # 1 Exhibit A)(Blaise, Heather) (Entered: 06/23/2020)

1 Exhibit A

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June 23, 2020 PACER
35

NOTICE OF MOTION AND MOTION to Proceed Under Pseudonyms filed by Plaintiffs John Doe, Jane Doe. Motion set for hearing on 8/17/2020 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: # 1 Proposed Order Granting Plaintiffs Leave to Proceed Under Pseudonyms) (Blaise, Heather) (Entered: 06/23/2020)

1 Proposed Order Granting Plaintiffs Leave to Proceed Under Pseudonyms

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June 23, 2020 PACER
36

REPLY filed by Defendants Mitch McConnell, Steven Mnuchin, Charles P. Rettig, Donald J Trump, U.S. Department of the Treasury, U.S. Internal Revenue Service, United States of America to Response in Opposition to Motion, 32 Reply to Opposition to Motion to Dismiss (ECF 32); Memorandum of Points and Authorities (Ellis, John) (Entered: 06/29/2020)

June 29, 2020 PACER
37

NOTICE OF MOTION AND MOTION to File Amicus Brief filed by amicus Federation for American Immigration Reform. (Attachments: # 1 Exhibit Notice of Interested Parties, # 2 Proposed Order Proposed Order, # 3 Exhibit Amicus Brief) (Attorney Lawrence J Joseph added to party Federation for American Immigration Reform (pty:am)) (Joseph, Lawrence) (Entered: 06/29/2020)

1 Exhibit Notice of Interested Parties

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2 Proposed Order Proposed Order

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3 Exhibit Amicus Brief

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June 29, 2020 PACER
38

OBJECTIONS to Notice (Other) 34 Objection to Plaintiffs' Notice of Supplemental Authority (ECF 34) filed by Defendants Mitch McConnell, Steven Mnuchin, Charles P. Rettig, Donald J Trump, U.S. Department of the Treasury, U.S. Internal Revenue Service, United States of America. (Ellis, John) (Entered: 06/30/2020)

June 30, 2020 PACER
39

NOTICE OF MOTION AND MOTION to File Amicus Brief In Support of the Defendant's Motion to Dismiss filed by Amicus Attorneys United for a Secure America. Motion set for hearing on 8/17/2020 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: # 1 Memorandum Brief in Support of Motion to File Amicus Brief, # 2 Exhibit Proposed Amicus Brief) (Attorney Lorraine Glynis Woodwark added to party Attorneys United for a Secure America(pty:am)) (Woodwark, Lorraine) (Entered: 07/01/2020)

1 Memorandum Brief in Support of Motion to File Amicus Brief

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2 Exhibit Proposed Amicus Brief

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July 1, 2020 PACER
40

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to File Amicus Brief 37 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (mrgo) (Entered: 07/02/2020)

July 2, 2020 PACER
41

NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to File Amicus Brief 37 Non-Opposition to Federation for American Immigration Reform's Motion for Leave to File Memorandum of Law as Amicus Brief (ECF 37) filed by Defendants Mitch McConnell, Steven Mnuchin, Charles P. Rettig, Donald J Trump, U.S. Department of the Treasury, U.S. Internal Revenue Service, United States of America. (Ellis, John) (Entered: 07/06/2020)

July 6, 2020 PACER
42

NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to File Amicus Brief In Support of the Defendant's Motion to Dismiss 39 Non-Opposition to Attorneys United for a Secure America's Motion for Leave to File an Amicus Curiae Brief (ECF 39) filed by Defendants Mitch McConnell, Steven Mnuchin, Charles P. Rettig, Donald J Trump, U.S. Department of the Treasury, U.S. Internal Revenue Service, United States of America. (Ellis, John) (Entered: 07/06/2020)

July 6, 2020 PACER
43

Opposition re: NOTICE OF MOTION AND MOTION to File Amicus Brief 37 filed by Plaintiffs John Doe, Jane Doe. (Boxer, Joshua) (Entered: 07/06/2020)

July 6, 2020 PACER
44

MINUTE ORDER (IN CHAMBERS) DENYING PLAINTIFF'S MOTION FOR A TEMPORARY RESTRAINING ORDER 9 by Judge Stephen V. Wilson re: 9 EX PARTE APPLICATION for TRO. Before the Court is an ex parte application for a temporary restraining order filed by a pseudonymous Jane Doe Plaintiff seeking declaratory and injunctive relief against the United States, the Internal Revenue Service ("IRS"), the U.S. Department of the Treasury, President Donald Trump, Senate Majority Leader Mitch McConnell, Treasury Secretary Steven Mnuchin, and IRS Commissioner Charles Rettig (collectively "the Government"). For the reasons articulated below, the Court DENIES the temporary restraining order. (See document for details) (mrgo) (Entered: 07/08/2020)

July 8, 2020 PACER
45

SCHEDULING NOTICE/IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson re: MOTION to File Amicus Brief filed by amicus Federation for American Immigration Reform 37 ; and MOTION to File Amicus Brief In Support of the Defendant's Motion to Dismiss filed by Amicus Attorneys United for a Secure America - The motions are denied. Any hearing previously set is vacated and off-calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY (Entered: 07/08/2020)

July 8, 2020 PACER

Text Only Scheduling Notice

July 8, 2020 PACER
50

MINUTES OF TELEPHONE HEARING re MOTION to Dismiss Case filed by Defendant 30 Hearing held before Judge Stephen V. Wilson. The motion is denied. The Court orders further briefing, and sets the following schedule: Government's Initial Filing - July 20, 2020; Plaintiff's Response - July 27, 2020; Government's Reply - July 30, 2020; Further Telephonic Hearing - August 3, 2020 at 1:30 p.m. Court Reporter: Maria Bustillos. (mrgo) (Entered: 07/16/2020)

July 13, 2020 PACER
46

APPLICATION of Non-Resident Attorney Thomas I. Nitschke to Appear Pro Hac Vice on behalf of Plaintiffs John Doe, Jane Doe (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27220218) filed by Plaintiff John Doe, Jane Doe. (Attachments: # 1 Proposed Order On Application Of Non-Resident Attorney To Appear In A Specific Case Pro Hac Vice) (Attorney Matthew John Matern added to party John Doe(pty:pla)) (Matern, Matthew) (Entered: 07/15/2020)

1 Proposed Order On Application Of Non-Resident Attorney To Appear In A Specific C

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July 15, 2020 PACER
47

STATEMENT in Support of Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice filed by Plaintiffs John Doe, Jane Doe re: APPLICATION of Non-Resident Attorney Thomas I. Nitschke to Appear Pro Hac Vice on behalf of Plaintiffs John Doe, Jane Doe (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27220218) 46 . (Matern, Matthew) (Entered: 07/15/2020)

July 15, 2020 PACER
48

APPLICATION of Non-Resident Attorney Elisabeth A. Gavin to Appear Pro Hac Vice on behalf of Plaintiffs John Doe, Jane Doe (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27221185) filed by Plaintiff John Doe, Jane Doe. (Attachments: # 1 Proposed Order On Application Of Non-Resident Attorney To Appear In A Specific Case Pro Hac Vice) (Matern, Matthew) (Entered: 07/15/2020)

1 Proposed Order On Application Of Non-Resident Attorney To Appear In A Specific C

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July 15, 2020 PACER
49

STATEMENT in Support of Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice filed by Plaintiffs John Doe, Jane Doe re: APPLICATION of Non-Resident Attorney Elisabeth A. Gavin to Appear Pro Hac Vice on behalf of Plaintiffs John Doe, Jane Doe (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27221185) 48 . (Matern, Matthew) (Entered: 07/15/2020)

July 15, 2020 PACER
51

NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Thomas I. Nitschke to Appear Pro Hac Vice on behalf of Plaintiffs John Doe, Jane Doe (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27220218) 46, APPLICATION of Non-Resident Attorney Elisabeth A. Gavin to Appear Pro Hac Vice on behalf of Plaintiffs John Doe, Jane Doe (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27221185) 48 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Attached Certificate of Good Standing not issued within 30 days prior to filing of the application. (Thrasher, Lupe) (Entered: 07/16/2020)

July 16, 2020 PACER
52

TRANSCRIPT ORDER as to Plaintiffs John Doe, Jane Doe for Court Reporter. Court will contact Jessica Lesko at jessical@blaisenitschkelaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Blaise, Heather) (Entered: 07/17/2020)

July 17, 2020 PACER
53

ORDER by Judge Stephen V. Wilson: granting 48 Non-Resident Attorney Elisabeth A. Gavin APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs John Doe, Jane Doe, designating Joshua D Boxer as local counsel. (et) (Entered: 07/17/2020)

July 17, 2020 PACER
54

BRIEF filed by Defendant Mitch McConnell, Steven Mnuchin, Charles P. Rettig, Donald J Trump, U.S. Department of the Treasury, U.S. Internal Revenue Service, United States of America. Initial Brief pursuant to July 13, 2020, Order (ECF 50) regarding Order on Motion to Dismiss Case,, Motion Hearing,, Set/Reset Deadlines/Hearings,, Set/Reset Motion Hearing and R&R Deadlines, 50 . (Ellis, John) (Entered: 07/20/2020)

July 20, 2020 RECAP
55

Notice of Electronic Filing re Brief (non-motion non-appeal), 54, Order on Motion to Appear Pro Hac Vice 53, Transcript Order Form (G-120), 52, Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) - optional html form,, 51 e-mailed to Elisabeth A Gavin at lisag@glaisenitschkelaw.com bounced due to Clerical error email address was not updated. Primary e-mail address corrected. Notice of Electronic Filing resent addressed to lisag@blaisenitschkelaw.com. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ir) TEXT ONLY ENTRY (Entered: 07/23/2020)

July 23, 2020 PACER

Text Only Bounced Notice of Electronic Filing E-mail

July 23, 2020 PACER
56

OPPOSITION in Opposition re: NOTICE OF MOTION AND MOTION to Proceed Under Pseudonyms 35 Opposition to Plaintiff's Motion to Proceed Using Pseudonyms (ECF 35) filed by Defendants Mitch McConnell, Steven Mnuchin, Charles P. Rettig, Donald J Trump, U.S. Department of the Treasury, U.S. Internal Revenue Service, United States of America. (Attachments: # 1 Attachment A)(Ellis, John) (Entered: 07/27/2020)

1 Attachment A

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July 27, 2020 PACER
57

RESPONSE filed by Plaintiffs John Doe, Jane Doeto Memorandum in Support of Motion,, 11, Brief (non-motion non-appeal), 54 (Attachments: # 1 Exhibit A)(Blaise, Heather) (Entered: 07/27/2020)

1 Exhibit A

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July 27, 2020 RECAP
58

BRIEF filed by Defendant Mitch McConnell, Steven Mnuchin, Charles P. Rettig, Donald J Trump, U.S. Department of the Treasury, U.S. Internal Revenue Service, United States of America. Reply to Response Brief (ECF 57); Memorandum of Points and Authorities regarding Response 57 . (Ellis, John) (Entered: 07/30/2020)

July 30, 2020 PACER
59

IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson The further telephonic hearing scheduled for 08/03/2020 at 1:30 p.m. is vacated and off-calendar. The matter will stand submitted. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY (Entered: 08/03/2020)

Aug. 3, 2020 PACER
60

REPLY In Support of NOTICE OF MOTION AND MOTION to Proceed Under Pseudonyms 35 filed by Plaintiffs John Doe, Jane Doe. (Boxer, Joshua) (Entered: 08/03/2020)

Aug. 3, 2020 PACER

Text Only Scheduling Notice

Aug. 3, 2020 PACER
61

Request for Clerk to Issue Summons on Amended Complaint/Petition, 28 filed by Plaintiffs John Doe, Jane Doe. (Blaise, Heather) (Entered: 08/04/2020)

Aug. 4, 2020 PACER
62

PROOF OF SERVICE Executed Jane Doe, upon Plaintiff Steven Mnuchin served on 5/18/2020, answer due 6/17/2020. Service of the Summons and Complaint were executed upon the United States Attorneys Office by unspecified means. Executed upon the Attorney Generals Office of the United States by unspecified means. Executed upon the officer agency or corporation by unspecified means. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Matern, Matthew) (Entered: 08/05/2020)

Aug. 5, 2020 RECAP
63

PROOF OF SERVICE Executed by Plaintiff Jane Doe, upon Defendant U.S. Internal Revenue Service served on 5/18/2020, answer due 7/17/2020. Service of the Summons and Complaint were executed upon the United States Attorneys Office by unspecified means. Executed upon the Attorney Generals Office of the United States by unspecified means. Executed upon the officer agency or corporation by delivering a copy to Internal Revenue Service-Front Desk. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Matern, Matthew) (Entered: 08/05/2020)

Aug. 5, 2020 PACER
64

PROOF OF SERVICE Executed by Plaintiff Jane Doe, upon Defendant Charles P. Rettig served on 5/18/2020, answer due 7/17/2020. Service of the Summons and Complaint were executed upon the United States Attorneys Office by unspecified means. Executed upon the Attorney Generals Office of the United States by unspecified means. Executed upon the officer agency or corporation by delivering a copy to U.S. Attorney's Office -Front Desk. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Matern, Matthew) (Entered: 08/05/2020)

Aug. 5, 2020 PACER
65

PROOF OF SERVICE Executed by Plaintiff Jane Doe, upon Defendant Mitch McConnell served on 5/18/2020, answer due 7/17/2020. Service of the Summons and Complaint were executed upon the United States Attorneys Office by unspecified means. Executed upon the Attorney Generals Office of the United States by unspecified means. Executed upon the officer agency or corporation by delivering a copy to U.S. Attorney's Office -Front Desk. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Matern, Matthew) (Entered: 08/05/2020)

Aug. 5, 2020 PACER
66

PROOF OF SERVICE Executed by Plaintiff Jane Doe, upon Defendant Donald J Trump served on 5/18/2020, answer due 7/17/2020. Service of the Summons and Complaint were executed upon the United States Attorneys Office by unspecified means. Executed upon the Attorney Generals Office of the United States by unspecified means. Executed upon the officer agency or corporation by delivering a copy to U.S. Attorney's Office -Front Desk. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Matern, Matthew) (Entered: 08/05/2020)

Aug. 5, 2020 PACER
67

PROOF OF SERVICE Executed by Plaintiff Jane Doe, upon Defendant U.S. Department of the Treasury served on 5/18/2020, answer due 7/17/2020. Service of the Summons and Complaint were executed upon the United States Attorneys Office by unspecified means. Executed upon the Attorney Generals Office of the United States by unspecified means. Executed upon the officer agency or corporation by delivering a copy to U.S. Attorney's Office -Front Desk. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Matern, Matthew) (Entered: 08/05/2020)

Aug. 5, 2020 PACER
68

ORDER by Judge Stephen V. Wilson: granting 46 Non-Resident Attorney Thomas I. Nitschke APPLICATION to Appear Pro Hac Vice on behalf of plaintiffs Jane Doe and John Doe, designating Joshua D. Boxer as local counsel. (mrgo) (Entered: 08/06/2020)

Aug. 6, 2020 PACER
69

NOTICE Notice of Supplemental Authority filed by Plaintiffs John Doe, Jane Doe. (Attachments: # 1 Exhibit A)(Blaise, Heather) (Entered: 08/06/2020)

1 Exhibit A

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Aug. 6, 2020 PACER
70

IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson - The Court STAYS consideration of the pending Motion for Leave to Proceed Under Pseudonyms. Dkt. 35. The Court will reserve a ruling on that motion until after it has issued a final written ruling on the Governments motion to dismiss, in light of the supplemental briefing provided by the parties. See Dkt. 54; Dkt. 57; Dkt. 58. Accordingly, the 8/17/20 hearing is vacated and off-calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY (Entered: 08/12/2020)

Aug. 12, 2020 PACER

Text Only Scheduling Notice

Aug. 12, 2020 PACER
71

MINUTE ORDER IN CHAMBERS GRANTING DEFENDANTS' MOTION TO DISMISS 30 by Judge Stephen V. Wilson re: NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities (RE: related document(s) 28 Amended Complaint) 30 . For the foregoing reasons, the Court concludes that the Exclusion Provision survives rational basis review and Plaintiffs' FAC therefore fails to state a claim upon which relief can be granted. Accordingly, the Government's motion to dismiss is GRANTED. Plaintiffs' outstanding motion to proceed under pseudonyms is denied as moot. (See document for details). (Made JS-6. Case Terminated.) (mrgo) (Entered: 09/02/2020)

Sept. 2, 2020 RECAP
72

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiffs John Doe, Jane Doe. Appeal of Minutes of In Chambers Order/Directive - no proceeding held,,, Terminated Case,, 71 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-28321539.) (Boxer, Joshua) (Entered: 09/30/2020)

Sept. 30, 2020 PACER
73

NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-56019 assigned to Notice of Appeal to 9th Circuit Court of Appeals, 72 as to plaintiff Jane Doe. (mrgo) (Entered: 10/05/2020)

Oct. 2, 2020 PACER
74

DESIGNATION of Record on Appeal by Plaintiffs John Doe, Jane Doe re 72 (Bennett, Corey) (Entered: 10/20/2020)

Oct. 20, 2020 PACER
75

TRANSCRIPT ORDER re: Court of Appeals case number 20-56019, as to Plaintiffs John Doe, Jane Doe for Court Reporter. Court will contact Lupe Olarra at lolarra@maternlawgroup.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Bennett, Corey) (Entered: 10/30/2020)

Oct. 30, 2020 PACER
76

ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 72 filed by John Doe, Jane Doe. CCA # 20-56019. Appellant's motion for voluntary dismissal of this appeal is granted. This appeal is dismissed. See Fed. R. App. P. 42(b). This order served on the district court shall act as and for the mandate of this court. (mrgo) (Entered: 01/13/2021)

Jan. 12, 2021 PACER

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: May 6, 2020

Closing Date: Jan. 12, 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 who 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: Pending

Defendants

U.S. Department of the Treasury, Federal

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

U.S. Internal Revenue Service, 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: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Disparate Treatment

Marriage

Public assistance grants

Discrimination-basis:

Family discrimination

Immigration status

National origin discrimination