Case: Amador v. Mnuchin

1:20-cv-01102 | U.S. District Court for the District of Maryland

Filed Date: April 28, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This action was filed on April 28, 2020 by sixteen individuals with undocumented spouses alleging violations of the First and Fifth Amendment within the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Plaintiffs sought an injunction that would allow them to receive recovery payments and a declaration that the eligibility qualifications in the act were unconstitutional. On May 29, the defendants filed a motion to dismiss which was denied on August 5. No outcome yet.…

COVID-19 Summary: This action was filed on April 28, 2020 by sixteen individuals with undocumented spouses alleging violations of the First and Fifth Amendment within the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Plaintiffs sought an injunction that would allow them to receive recovery payments and a declaration that the eligibility qualifications in the act were unconstitutional. On May 29, the defendants filed a motion to dismiss which was denied on August 5. No outcome yet.


This case was brought to determine who was eligible to receive emergency financial assistance under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) in the form of refundable tax credits of $1,200 or $2,400 in the case of individuals filing a joint return. The CARES Act, which was passed on March 27, 2020, was designed to alleviate financial hardships caused by the COVID-19 pandemic. The credits were only open to “eligible individual[s],” which did not include “nonresident alien[s].” Eligibility status was determined by the presence of a social security number (SSN) on a recent tax return. In the case of a joint tax return, eligibility was limited to individuals whose spouse also had an SSN. Therefore, the tax credits were not available to otherwise eligible individuals filing a joint tax return if their spouse was undocumented.

The plaintiffs in this case were sixteen individuals with undocumented spouses who were ineligible to receive the CARES Act tax credits. They filed suit in the U.S. District Court for the District of Maryland on April 28, 2020 against the U.S. Department of the Treasury and the U.S. Internal Revenue Service, arguing that the CARES Act was in violation of the Fifth Amendment’s Due Process Clause and the First Amendment’s guarantee of freedom of speech and association. The plaintiffs sought a declaratory judgment that the CARES Act was unconstitutional and unenforceable, as well as an injunction to enjoin defendants from enforcing the CARES Act’s SSN requirement for payments. The plaintiffs also sought a class certification, including all persons who were eligible for tax credits except for the fact that their spouses lacked social security number. The case was assigned to Judge Ellen L. Hollander.

The plaintiffs filed an amended complaint on May 19.

On May 29, 2020, the defendants filed a motion to dismiss, arguing that sovereign immunity, lack of standing, and failure to state a claim justified dismissal. The Federation for American Immigration Reform filed an amicus brief in support. The plaintiffs responded to the defendant's arguments on June 5.

On August 5, 2020, Judge Hollander denied the defendants' motion to dismiss. 2020 WL 4547950.The judge determined that sovereign immunity in the case was waived by defendants through § 702 of the Administrative Procedure Act, which allowed suits against the United States for relief other than money damages. The government had argued that the defendants did not suffer any injuries and therefore did not have standing to sue, the judge determined that deprivation of a CARES Act payment did qualify as an economic injury and discriminatory treatment, both of which were considered sufficient to find that the plaintiffs had standing.

In addition to the issue of standing, the defendants also contended that the plaintiffs failed to state a claim under the Due Process Clause of the Fifth Amendment. The plaintiffs alleged that the CARES Act burdened their fundamental right of marriage and singled them out for disfavored treatment on the basis of marriage. The judge held that plaintiffs adequately alleged that the CARES Act imposed a discriminatory burden on the fundamental right of marriage and that the government lacked a rational basis for discriminating against married taxpayers on the basis of their spouse's immigration status. For these reasons, the judge denied the defendants' motion to dismiss the plaintiffs' cause of action under the Fifth Amendment.

The defendants also argued for dismissal for failure to state a claim under the First and Fifth Amendments. The plaintiffs argued that they were deprived of recovery payments based on their association with their spouses. The court cited precedent from the Supreme Court holding that marriage is a protected form of free association under the First Amendment and therefore denied the defendants' motion to dismiss the First Amendment cause of action.

The case is ongoing.

Summary Authors

Nicholas Gillan (10/8/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17123988/parties/rueda-v-yellen/


Judge(s)

Hollander, Ellen Lipton (Maryland)

Attorneys(s) for Plaintiff

Helzer, Belinda Escobosa (California)

Holguin-Flores, Andres (California)

Kumar, Nishant (District of Columbia)

Menendez, Fatima (Texas)

Newman, Robert P. (Maryland)

Perales, Nina (Texas)

Saenz, Thomas A. (California)

Senteno, Andrea E. (District of Columbia)

Serna, Samantha T (Texas)

Judge(s)

Hollander, Ellen Lipton (Maryland)

Attorneys(s) for Plaintiff

Helzer, Belinda Escobosa (California)

Holguin-Flores, Andres (California)

Kumar, Nishant (District of Columbia)

Menendez, Fatima (Texas)

Newman, Robert P. (Maryland)

Perales, Nina (Texas)

Saenz, Thomas A. (California)

Senteno, Andrea E. (District of Columbia)

Serna, Samantha T (Texas)

Attorneys(s) for Defendant

Konig, Jordan Andrew (District of Columbia)

Williamson, Christopher James (District of Columbia)

Other Attorney(s)

Hethmon, Michael M. (District of Columbia)

Documents in the Clearinghouse

Document

1:20-cv-01102

8:20-cv-01148

Docket [PACER]

Nov. 24, 2020

Nov. 24, 2020

Docket
1

1:20-cv-01102

Class Action Complaint for Declaratory and Injunctive Relief

April 28, 2020

April 28, 2020

Complaint
31

1:20-cv-01102

First Amended Class Action Complaint for Declaratory and Injunctive Relief

May 19, 2020

May 19, 2020

Complaint
36

1:20-cv-01102

[Plaintiffs' Response re 32]

June 5, 2020

June 5, 2020

Pleading / Motion / Brief
43

1:20-cv-01102

Memorandum Opinion

476 F.Supp.3d 125, 2020 WL 4547950

Aug. 5, 2020

Aug. 5, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17123988/rueda-v-yellen/

Last updated Aug. 8, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0416-8631053.), filed by Bradley Harmon, Christina Segundo-Hernandez, Juana Rueda, Jonah Elijah Macias, Ivania Amador, Angel Burgos Jimenez. (Attachments: # 1 Civil Cover Sheet Cover Sheeet, # 2 Summons Summons - Mnuchin, # 3 Summons Summons - Rettig, # 4 Summons Summons - Treasury, # 5 Summons Summons - IRS)(Newman, Robert) (Entered: 04/28/2020)

1 Civil Cover Sheet Cover Sheeet

View on PACER

2 Summons Summons - Mnuchin

View on PACER

3 Summons Summons - Rettig

View on PACER

4 Summons Summons - Treasury

View on PACER

5 Summons Summons - IRS

View on PACER

April 28, 2020

April 28, 2020

RECAP

Case Reassigned to Judge Ellen L. Hollander. Judge Theodore D. Chuang no longer assigned to the case. (kns, Deputy Clerk)

April 29, 2020

April 29, 2020

PACER
2

QC NOTICE: 1 Complaint, filed by Jonah Elijah Macias, Angel Burgos Jimenez, Ivania Amador, Bradley Harmon, Juana Rueda, Christina Segundo-Hernandez was filed incorrectly. **The following attachments or exhibits are missing - Summons. Summons were provided for only the named Defendants. If the defendant is either an agency of the United States or an officer or employee of the United States, you must serve both the U.S. Attorney General and the U.S. Attorney for the District of Maryland, as well as each defendant. Please electronically submit a summons for each required party, using the Civil event "Supplemental" located under "Other Filings", and then "Other Documents". (dg3s, Deputy Clerk) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
3

Summons Issued 60 days as to Steven Mnuchin, Charles P. Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service(dg3s, Deputy Clerk) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
4

Supplemental to Case Assigned/Reassigned, 1 Complaint, filed by Ivania Amador, Angel Burgos Jimenez, Bradley Harmon, Jonah Elijah Macias, Juana Rueda, Christina Segundo-Hernandez (Attachments: # 1 Summons Summons - AG Barr, # 2 Summons Summons - MD SA Hur, # 3 Civil Cover Sheet Cover Sheet)(Newman, Robert) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
5

Summons Issued 60 days as to U.S. Attorney and U.S. Attorney General.(bmhs, Deputy Clerk) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
6

SUMMONS Returned Executed by Bradley Harmon, Christina Segundo-Hernandez, Juana Rueda, Jonah Elijah Macias, Ivania Amador, Angel Burgos Jimenez. Steven Mnuchin served on 5/1/2020, answer due 5/22/2020.(Newman, Robert) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
7

SUMMONS Returned Executed by Bradley Harmon, Christina Segundo-Hernandez, Juana Rueda, Jonah Elijah Macias, Ivania Amador, Angel Burgos Jimenez. Charles P. Rettig served on 5/1/2020, answer due 5/22/2020.(Newman, Robert) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
8

SUMMONS Returned Executed by Bradley Harmon, Christina Segundo-Hernandez, Juana Rueda, Jonah Elijah Macias, Ivania Amador, Angel Burgos Jimenez. U.S. Internal Revenue Service served on 5/1/2020, answer due 6/30/2020.(Newman, Robert) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
9

SUMMONS Returned Executed by Bradley Harmon, Christina Segundo-Hernandez, Juana Rueda, Jonah Elijah Macias, Ivania Amador, Angel Burgos Jimenez. U.S. Department of the Treasury served on 5/1/2020, answer due 6/30/2020.(Newman, Robert) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
10

SUMMONS Returned Executed by Bradley Harmon, Christina Segundo-Hernandez, Juana Rueda, Jonah Elijah Macias, Ivania Amador, Angel Burgos Jimenez. All Defendants.(Newman, Robert) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
11

SUMMONS Returned Executed by Bradley Harmon, Christina Segundo-Hernandez, Juana Rueda, Jonah Elijah Macias, Ivania Amador, Angel Burgos Jimenez. All Defendants.(Newman, Robert) Modified on 5/5/2020 (bmhs, Deputy Clerk). Modified on 5/5/2020 (bmhs, Deputy Clerk). (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
12

(FILED IN ERROR) QC NOTICE: 11 Summons Returned Executed as to USA filed by Jonah Elijah Macias, Angel Burgos Jimenez, Ivania Amador, Bradley Harmon, Juana Rueda, Christina Segundo-Hernandez was filed incorrectly. **Incorrect event was selected. Please refile the return for the U.S. Attorney using the event under Service of Process - Summons Returned Executed as to USA. It has been noted as FILED IN ERROR, and the document link has been disabled. (bmhs, Deputy Clerk) Modified on 5/5/2020 (bmhs, Deputy Clerk). (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
13

NOTICE of Appearance by Christopher James Williamson on behalf of All Defendants (Williamson, Christopher) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
14

SUMMONS Returned Executed by Ivania Amador. Robert K. Hur served on 5/1/2020, answer due 6/30/2020.Associated Cases: 1:20-cv-01102-ELH, 8:20-cv-01148-PWG(Newman, Robert) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
15

SUMMONS Returned Executed by Ivania Amador. William P. Barr served on 5/1/2020, answer due 6/30/2020.Associated Cases: 1:20-cv-01102-ELH, 8:20-cv-01148-PWG(Newman, Robert) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
16

ORDER scheduling a telephone conference to discuss the appropriate schedule in this case. Signed by Judge Ellen L. Hollander on 5/11/2020. (bmhs, Deputy Clerk) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
17

NOTICE of Appearance by Jordan A Konig on behalf of Steven Mnuchin, Charles P. Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service (Konig, Jordan) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
18

MOTION to Appear Pro Hac Vice for Nina Perales (Filing fee $100, receipt number 0416-8646719.) by Ivania Amador, Angel Burgos Jimenez, Bradley Harmon, Jonah Elijah Macias, Juana Rueda, Christina Segundo-Hernandez(Newman, Robert) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
19

MOTION to Appear Pro Hac Vice for Belinda Escobosa Helzer (Filing fee $100, receipt number 0416-8646737.) by Ivania Amador, Angel Burgos Jimenez, Bradley Harmon, Jonah Elijah Macias, Juana Rueda, Christina Segundo-Hernandez(Newman, Robert) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
20

MOTION to Appear Pro Hac Vice for Andres Holguin-Flores (Filing fee $100, receipt number 0416-8646745.) by Ivania Amador, Angel Burgos Jimenez, Bradley Harmon, Jonah Elijah Macias, Juana Rueda, Christina Segundo-Hernandez(Newman, Robert) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
21

MOTION to Appear Pro Hac Vice for Andrea E. Senteno (Filing fee $100, receipt number 0416-8646763.) by Ivania Amador, Angel Burgos Jimenez, Bradley Harmon, Jonah Elijah Macias, Juana Rueda, Christina Segundo-Hernandez(Newman, Robert) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
22

MOTION to Appear Pro Hac Vice for Samantha T. Serna (Filing fee $100, receipt number 0416-8646768.) by Ivania Amador, Angel Burgos Jimenez, Bradley Harmon, Jonah Elijah Macias, Juana Rueda, Christina Segundo-Hernandez(Newman, Robert) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
23

MOTION to Appear Pro Hac Vice for Fatima Menendez (Filing fee $100, receipt number 0416-8646773.) by Ivania Amador, Angel Burgos Jimenez, Bradley Harmon, Jonah Elijah Macias, Juana Rueda, Christina Segundo-Hernandez(Newman, Robert) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
24

PAPERLESS ORDER granting 18 Motion to Appear Pro Hac Vice on behalf of Nina Perales. Directing attorney Nina Perales to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 5/12/2020. (srds, Deputy Clerk) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
25

PAPERLESS ORDER granting 19 Motion to Appear Pro Hac Vice on behalf of Belinda Escobosa Helzer. Directing attorney Belinda Escobosa Helzer to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/12/2020. (srds, Deputy Clerk) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
26

PAPERLESS ORDER granting 20 Motion to Appear Pro Hac Vice on behalf of Andres Holguin-Flores. Directing attorney Andres Holguin-Flores to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/12/2020. (srds, Deputy Clerk) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
27

PAPERLESS ORDER granting 21 Motion to Appear Pro Hac Vice on behalf of Andrea E Senteno. Directing attorney Andrea E Senteno to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/12/2020. (srds, Deputy Clerk) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
28

PAPERLESS ORDER granting 22 Motion to Appear Pro Hac Vice on behalf of Samantha T Serna. Directing attorney Samantha T Serna to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/12/2020. (srds, Deputy Clerk) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
29

PAPERLESS ORDER granting 23 Motion to Appear Pro Hac Vice on behalf of Fatima Menendez. Directing attorney Fatima Menendez to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/12/2020. (srds, Deputy Clerk) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER

Telephone Status Conference held on 5/15/2020 before Judge Ellen L. Hollander. (bmhs, Deputy Clerk)

May 15, 2020

May 15, 2020

PACER
30

ORDER confirming the substance of discussions during the telephone conference held on 5/15/20. Signed by Judge Ellen L. Hollander on 5/15/2020. (bmhs, Deputy Clerk) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

RECAP
31

AMENDED COMPLAINT against Steven Mnuchin, Charles P. Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service, filed by Bradley Harmon, Christina Segundo-Hernandez, Juana Rueda, Jonah Elijah Macias, Ivania Amador, Angel Burgos Jimenez. (Attachments: # 1 Exhibit Legal Blackline of Amended Complaint)(Perales, Nina) Modified on 5/20/2020 (bmhs, Deputy Clerk). (Entered: 05/19/2020)

1 Exhibit Legal Blackline of Amended Complaint

View on PACER

May 19, 2020

May 19, 2020

RECAP
32

Substantive legal issues - addressing (Williamson, Christopher) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
33

NOTICE of Appearance by Michael Meriwether Hethmon on behalf of Federation for American Immigration Reform (Hethmon, Michael) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
34

MOTION for Leave to File Amicus Curiae Brief by Federation for American Immigration Reform (Attachments: # 1 Exhibit Proposed Amicus Letter Brief)(Hethmon, Michael) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
35

Supplemental to 34 MOTION for Leave to File Amicus Curiae Brief filed by Federation for American Immigration Reform (Exhibit 2 Proposed Order) (Hethmon, Michael) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
36

RESPONSE re 32 Substantive legal issues - addressing filed by Ivania Amador, Angel Burgos Jimenez, Kristen Cendajes, Billy Croan, Bradley Harmon, Kelly Hernandez, Yanet Jove-Aguilar, Jonah Elijah Macias, Mary Ramirez, William Ramos, Juana Rueda, Kevin Sanchez, Christina Segundo-Hernandez, Zachary Shanks, Erica Vaca, Harlon Wilson.(Perales, Nina) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

RECAP
37

ORDER granting 34 Motion for Leave to File Amicus Curiae Letter Brief in Support of Defendants and Dismissal of Amended Complaint. Signed by Judge Ellen L. Hollander. (bmhs, Deputy Clerk) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

RECAP
38

Amicus Curiae Letter Brief in Support of Defendants and Dismissal of Amended Complaint by Federation for American Immigration Reform. (bmhs, Deputy Clerk) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
39

NOTICE of Appearance by Nishant Kumar on behalf of All Defendants (Kumar, Nishant) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
40

NOTICE by Steven Mnuchin, Charles Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service re: amicus brief by Federation for American Immigration Reform (Kumar, Nishant) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
41

Substantive legal issues - addressing (Williamson, Christopher) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

RECAP
42

RESPONSE re 38 Notice (Other) filed by Ivania Amador, Angel Burgos Jimenez, Kristen Cendajes, Billy Croan, Bradley Harmon, Kelly Hernandez, Yanet Jove-Aguilar, Jonah Elijah Macias, Mary Ramirez, William Ramos, Juana Rueda, Kevin Sanchez, Christina Segundo-Hernandez, Zachary Shanks, Erica Vaca, Harlon Wilson.(Perales, Nina) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

RECAP
43

MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 8/5/2020. (bmhs, Deputy Clerk) (Entered: 08/06/2020)

Aug. 5, 2020

Aug. 5, 2020

RECAP
44

Order denying 32 Defendants' Motion to Dismiss. Signed by Judge Ellen L. Hollander on 8/5/2020. (bmhs, Deputy Clerk) (Entered: 08/06/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER
45

ANSWER to 31 Amended Complaint, by Steven Mnuchin, Charles Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service.(Williamson, Christopher) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
46

ORDER setting a conference call to discuss the appropriate schedule in the case. Signed by Judge Ellen L. Hollander on 8/31/2020. (bmhs, Deputy Clerk) (Entered: 09/01/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
47

REPORT of Rule 26(f) Planning Meeting(Perales, Nina) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER

Telephone Status Conference held on 9/16/2020 before Judge Ellen L. Hollander. (bmhs, Deputy Clerk)

Sept. 16, 2020

Sept. 16, 2020

PACER
48

SCHEDULING ORDER. Signed by Judge Ellen L. Hollander on 9/17/2020. (bmhs, Deputy Clerk) (Entered: 09/17/2020)

Sept. 17, 2020

Sept. 17, 2020

PACER
49

MEMORANDUM to Counsel. Signed by Judge Ellen L. Hollander on 10/1/2020. (bmhs, Deputy Clerk) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

RECAP
50

MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 8/5/2020. (bmhs, Deputy Clerk) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

RECAP
51

Joint MOTION to Amend/Correct 48 Scheduling Order by Steven Mnuchin, Charles Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service (Attachments: # 1 Text of Proposed Order)(Williamson, Christopher) (Entered: 11/23/2020)

Nov. 23, 2020

Nov. 23, 2020

PACER
52

AMENDED SCHEDULE. Signed by Judge Ellen L. Hollander on 11/23/2020. (hmls, Deputy Clerk) (Entered: 11/24/2020)

Nov. 24, 2020

Nov. 24, 2020

PACER
53

Joint MOTION to Amend/Correct 52 Order on Motion to Amend/Correct the Scheduling Order by Steven Mnuchin, Charles Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service (Attachments: # 1 Text of Proposed Order)(Williamson, Christopher) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER
54

ORDER re: Amended Schedule. Signed by Judge Ellen L. Hollander on 12/23/2020. (bmhs, Deputy Clerk) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER
55

Joint MOTION to Amend/Correct Scheduling Order by Ivania Amador, Angel Burgos Jimenez, Kristen Cendajes, Billy Croan, Bradley Harmon, Kelly Hernandez, Yanet Jove-Aguilar, Jonah Elijah Macias, Mary Ramirez, William Ramos, Juana Rueda, Kevin Sanchez, Christina Segundo-Hernandez, Zachary Shanks, Erica Vaca, Harlon Wilson (Attachments: # 1 Text of Proposed Order)(Perales, Nina) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER
56

ORDER granting 55 Joint Motion to Amend the Schedule. Signed by Judge Ellen L. Hollander on 1/26/2021. (bmhs, Deputy Clerk) (Entered: 01/26/2021)

Jan. 26, 2021

Jan. 26, 2021

PACER
57

RETURN DOCUMENT ORDER. Signed by Judge Ellen L. Hollander on 2/10/2021. (Attachments: # 1 First Page of Returned Document)(krs, Deputy Clerk) (Entered: 02/10/2021)

Feb. 10, 2021

Feb. 10, 2021

PACER
58

RETURN DOCUMENT ORDER. Signed by Judge Ellen L. Hollander on 2/24/2021. (Attachments: # 1 First Page of Returned Document)(c/m 2/24/21) (bmhs, Deputy Clerk) (Entered: 02/24/2021)

Feb. 24, 2021

Feb. 24, 2021

PACER
59

MOTION for Leave to File to Amend Complaint and for a Stay of the Scheduling Order by Ivania Amador, Angel Burgos Jimenez, Kristen Cendajes, Billy Croan, Bradley Harmon, Kelly Hernandez, Yanet Jove-Aguilar, Jonah Elijah Macias, Mary Ramirez, William Ramos, Juana Rueda, Kevin Sanchez, Christina Segundo-Hernandez, Zachary Shanks, Erica Vaca, Harlon Wilson (Attachments: # 1 Text of Proposed Order)(Perales, Nina) (Entered: 03/02/2021)

March 2, 2021

March 2, 2021

PACER
60

ORDER granting 59 Plaintiffs' Unopposed Motion for Leave to Amend Complaint and for Stay of the Scheduling Order. Signed by Judge Ellen L. Hollander on 3/2/2021. (bmhs, Deputy Clerk) (Entered: 03/02/2021)

March 2, 2021

March 2, 2021

PACER
61

RETURN DOCUMENT ORDER. Signed by Judge Ellen L. Hollander on 3/3/2021. (Attachments: # 1 First Page of Returned Document)(c/m 3/3/21) (bmhs, Deputy Clerk) (Entered: 03/03/2021)

March 3, 2021

March 3, 2021

PACER
62

(FILED IN ERROR) AMENDED COMPLAINT against All Defendants, filed by Juana Rueda.(Perales, Nina) Modified on 4/1/2021 (bmhs, Deputy Clerk). (Entered: 04/01/2021)

April 1, 2021

April 1, 2021

PACER
63

QC NOTICE: 62 Amended Complaint filed by Juana Rueda needs to be corrected. It has been noted as FILED IN ERROR, and the document link has been disabled. The following corrective actions are needed regarding missing or incomplete information: **Redline copy has not been filed. Please re-file the clean version of the amended complaint as the main document and the redline version as an attachment to the amended complaint. (bmhs, Deputy Clerk) (Entered: 04/01/2021)

April 1, 2021

April 1, 2021

PACER
64

(FILED IN ERROR) AMENDED COMPLAINT against All Defendants, filed by Juana Rueda. (Attachments: # 1 Attachment Legal Blackline)(Perales, Nina) Modified on 4/1/2021 (bmhs, Deputy Clerk). (Entered: 04/01/2021)

April 1, 2021

April 1, 2021

PACER
65

QC NOTICE: 64 Amended Complaint filed by Juana Rueda needs to be corrected. It has been noted as FILED IN ERROR, and the document link has been disabled. The following corrective actions are needed regarding missing or incomplete information: **Incorrect copy of Redline PDF attached. Please re-file the clean version of the amended complaint as the main document and the redline version that relates to this amended complaint as an attachment to the amended complaint. (bmhs, Deputy Clerk) (Entered: 04/01/2021)

April 1, 2021

April 1, 2021

PACER
66

AMENDED COMPLAINT against All Defendants, filed by Juana Rueda. (Attachments: # 1 Attachment Legal Blackline)(Perales, Nina) (Entered: 04/01/2021)

April 1, 2021

April 1, 2021

PACER
67

MOTION to Appear Pro Hac Vice for Thomas A. Saenz (Filing fee $100, receipt number 0416-9197455.) by Ivania Amador(Newman, Robert) (Entered: 04/01/2021)

April 1, 2021

April 1, 2021

PACER
68

NOTICE of Voluntary Dismissal by Juana Rueda (Perales, Nina) (Entered: 04/01/2021)

April 1, 2021

April 1, 2021

PACER
69

MARGINAL ORDER approving 68 Notice of Voluntary Dismissal. Signed by Judge Ellen L. Hollander on 4/2/2021. (bmhs, Deputy Clerk) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
70

PAPERLESS ORDER granting 67 Directing attorney to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/2/2021. (mh4, Deputy Clerk) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
71

MOTION for Extension of Time to File Answer by Charles Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service, Janet Yellen (Attachments: # 1 Text of Proposed Order)(Konig, Jordan) (Entered: 04/20/2021)

April 20, 2021

April 20, 2021

PACER
72

ORDER granting 71 Defendants' Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 4/20/2021. (bmhs, Deputy Clerk) (Entered: 04/21/2021)

April 20, 2021

April 20, 2021

PACER
73

MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by Charles Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service, Janet Yellen (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Konig, Jordan) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
74

RESPONSE to Motion re 73 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Juana Rueda.(Perales, Nina) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

PACER
75

REPLY to Response to Motion re 73 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Charles Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service, Janet Yellen.(Konig, Jordan) (Entered: 06/16/2021)

June 16, 2021

June 16, 2021

PACER
78

MOTION to Withdraw as Attorney Belinda A. Escobosa by Juana Rueda (Attachments: # 1 Text of Proposed Order)(Perales, Nina) (Entered: 10/26/2021)

Oct. 26, 2021

Oct. 26, 2021

PACER
79

ORDER granting 78 Motion to Withdraw as Attorney. Attorney Belinda Escobosa Helzer terminated. Signed by Judge Ellen L. Hollander on 10/26/2021. (bmhs, Deputy Clerk) (Entered: 10/26/2021)

Oct. 26, 2021

Oct. 26, 2021

PACER
80

ORDER asking Counsel to inform the Court of any decisions in comparable cases of which you are aware. Signed by Judge Ellen L. Hollander on 2/4/2022. (bmhs, Deputy Clerk) (Entered: 02/04/2022)

Feb. 4, 2022

Feb. 4, 2022

RECAP
81

RESPONSE re 80 Order filed by Charles Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service, Janet Yellen.(Williamson, Christopher) (Entered: 02/10/2022)

Feb. 10, 2022

Feb. 10, 2022

RECAP
82

RESPONSE re 80 Order filed by Juana Rueda.(Perales, Nina) (Entered: 02/10/2022)

Feb. 10, 2022

Feb. 10, 2022

RECAP
83

MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 3/7/2022. (bmhs, Deputy Clerk) (Entered: 03/08/2022)

March 7, 2022

March 7, 2022

RECAP
84

ORDER granting 73 the Government's Motion to Dismiss; and directing the Clerk to close the case. Signed by Judge Ellen L. Hollander on 3/7/2022. (bmhs, Deputy Clerk) (Entered: 03/08/2022)

March 7, 2022

March 7, 2022

PACER

Case Details

State / Territory: Maryland

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 28, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Sixteen United States citizens whose spouses lack legal status. The proposed class is: "All persons who are otherwise qualified for and would have received recovery payments but for the fact that they are excluded by 26 U.S.C. § 6428 (g)(1)(B) because their spouses lack social security numbers."

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

MALDEF

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

U.S. Department of the Treasury (Washington, D.C.), Federal

U.S. Internal Revenue Service (Washington, D.C.), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Ex parte Young (federal or state officials)

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

None yet

Source of Relief:

None yet

None

Issues

General:

Public assistance grants

Discrimination-basis:

Immigration status

Immigration/Border:

Constitutional rights

Family Separation