Case: Scholl v. Mnuchin

4:20-cv-05309 | U.S. District Court for the Northern District of California

Filed Date: Aug. 1, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

Two incarcerated plaintiffs brought this class-action lawsuit seeking to obtain the benefits provided under the Coronavirus Aid, Relief, and Economics Security (CARES) Act. The plaintiffs sought to represent a class all people incarcerated in the United States between March 27, 2020 until August 1, 2020 (the date the complaint was filed) who was tax-eligible to receive the benefits. The plaintiffs alleged that the defendants (the United States of America, the US Department of Treasury, the IRS,…

Two incarcerated plaintiffs brought this class-action lawsuit seeking to obtain the benefits provided under the Coronavirus Aid, Relief, and Economics Security (CARES) Act. The plaintiffs sought to represent a class all people incarcerated in the United States between March 27, 2020 until August 1, 2020 (the date the complaint was filed) who was tax-eligible to receive the benefits. The plaintiffs alleged that the defendants (the United States of America, the US Department of Treasury, the IRS, the Secretary of the Department of Treasury Steven Mnuchin and the Commissioner of Internal Revenue) refused to issue Economic Impact Payments (EIP) to incarcerated people as part of the CARES Act. Brought under the Administrative Procedure Act, the complaint contended that Congress did not exclude incarcerated people from receiving benefits through the CARES Act, and that the IRS did not have a reasonable basis to exclude incarcerated people from the EIP benefit program because they still have tax obligations while incarcerated. The plaintiffs sought attorneys' fees, declaratory judgment that the defendants lacked authority to withhold EIP benefits from incarcerated people, and injunctive relief ordering the defendants to automatically issue EIP benefits to entitled individuals in prison, and to reconsider any filed claim that was denied solely based on the claimant's incarcerated status. Three days after filing the complaint, the plaintiffs also moved for a class-certification and a preliminary injunction declaring the defendants' policy unlawful and ordering EIP benefits to be provided to eligible class members. The plaintiffs were represented by Lieff Cabraser Heimann & Bernstein LLP and Equal Justice Society. After being initially assigned to Judge Charles R. Breyer, the case was reassigned to Judge Phyllis J. Hamilton for all future proceedings.

Judge Hamilton permitted plaintiffs from Galvan v. Mnuchin, No. 1:20-cv-04511 (N.D. Ill.), to intervene, as those parties were seeking class certification of an identical class to the one at issue in this case. On September 24, 2020, Judge Hamilton granted the plaintiffs' motion for preliminary injunction and their motion to certify class. 2020 WL 5702129. The plaintiffs moved for summary judgment five days later, but the defendants subsequently appealed to the Ninth Circuit on October 1 and requested that the district court proceedings be stayed during appeal (Docket No. 20-16915). Defendant's motion to stay was denied, and the Ninth Circuit appeal was dismissed on December 12, 2020.

On October 14, 2020, the court granted in part and denied in part plaintiffs’ motion for summary judgment and denied defendants’ motion to stay. As part of that order, the court entered a permanent injunction similar to its preliminary injunction, declared defendants’ policy of withholding benefits solely based on an eligible individuals’ incarcerated status to be void, and certified the class.

On December 11, 2020, two individuals who are incarcerated in the U.S. Virgin Islands and Puerto Rico filed a motion to intervene in this suit individually and on behalf of all others similarly situated. Plaintiff-interveners argued that, like the plaintiffs, they were eligible to receive EIPs, but were being denied on the basis of their incarcerated status. They maintained that their interests were not adequately represented by the plaintiffs, due to the unique laws governing the U.S. territories and possessions, and therefore sought to certify a subclass of incarcerated residents of the U.S. territories and possessions who would otherwise be eligible for an EIP but did not receive a payment. Both plaintiffs and defendants filed oppositions to plaintiff-intervenors’ motion. On January 11, 2021, the court denied the motion to intervene since it would unduly delay adjudication of the original parties’ rights. Plaintiff-intervenors’ claims would require the court to address questions, particularly those involving the CARES Act and the Treasury Department’s plans with the territories and possessions, that shared no commonality with the questions already addressed in this litigation.

Following the October 14, 2020 order, the court received status updates from the parties and held two status conferences to confirm defendants’ compliance with the declaration and permanent injunction. Following this compliance, final judgment was entered on January 21, 2021. The Court retains jurisdiction over this matter for purposes of enforcing its October 14, 2020 permanent injunction and the case remains ongoing.

Summary Authors

Justin Hill (10/8/2020)

Tessa McEvoy (3/26/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17407439/parties/scholl-v-mnuchin/


Judge(s)

Hamilton, Phyllis Jean (California)

Attorneys(s) for Plaintiff

Alvernaz, Christina A (California)

Dafa, Jalle H (California)

Dermody, Kelly M. (California)

Holder, Lisa (California)

Paterson, Eva Jefferson (California)

Robbins, Edward Morris Jr (California)

Salahi, Yaman (California)

Tawatao, Rau Mona (California)

Attorneys(s) for Defendant

Yost, Landon Monte (District of Columbia)

Judge(s)

Hamilton, Phyllis Jean (California)

Attorneys(s) for Plaintiff

Alvernaz, Christina A (California)

Dafa, Jalle H (California)

Dermody, Kelly M. (California)

Holder, Lisa (California)

Paterson, Eva Jefferson (California)

Robbins, Edward Morris Jr (California)

Salahi, Yaman (California)

Tawatao, Rau Mona (California)

Attorneys(s) for Defendant

Yost, Landon Monte (District of Columbia)

Other Attorney(s)

Castillo, Cynthia Alicia (California)

DiRuzzo, Joseph A. III (Florida)

Pitoun, Christopher Robert (California)

Skaff, Stephanie Powers (California)

Spivey, Amy Nicole (California)

Documents in the Clearinghouse

Document

4:20-cv-05309

20-16915

4:20-cv-07531

4:20-cv-07533

4:20-cv-07779

4:20-cv-09474

0:20-16963

0:20-17077

Docket [PACER]

Jan. 21, 2021

Jan. 21, 2021

Docket
1

4:20-cv-05309

Class Action Complaint

Aug. 1, 2020

Aug. 1, 2020

Complaint
50

4:20-cv-05309

Order Granting Motion for Preliminary Injunction and Motion for Class Certification

489 F.Supp.3d 1008, 2020 WL 5702129

Sept. 24, 2020

Sept. 24, 2020

Order/Opinion
87

4:20-cv-05309

Order Granting in Part and Denying in Part Motion for Summary Judgment and Denying Motion for Stay

494 F.Supp.3d 661, 2020 WL 6065059

Oct. 14, 2020

Oct. 14, 2020

Order/Opinion
90

4:20-cv-05309

Order Denying Motion for Stay and Granting Motion for Reconsideration

Oct. 16, 2020

Oct. 16, 2020

Order/Opinion
163

4:20-cv-05309

Notice of Motion, Motion for Leave to Intervene & Declaration of Joseph A. DiRuzzo, III in Support

Scholl v. Mnunchin

Dec. 11, 2020

Dec. 11, 2020

Pleading / Motion / Brief
181

4:20-cv-05309

Order Requesting Proposed Form of Judgment

Jan. 12, 2021

Jan. 12, 2021

Order/Opinion
184

4:20-cv-05309

Final Judgment

Jan. 21, 2021

Jan. 21, 2021

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17407439/scholl-v-mnuchin/

Last updated Sept. 6, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-14763041.). Filed byColin Scholl, Lisa Strawn. (Attachments: # 1 Civil Cover Sheet)(Dermody, Kelly) (Filed on 8/1/2020) (Entered: 08/01/2020)

1 Civil Cover Sheet

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Aug. 1, 2020

Aug. 1, 2020

RECAP
2

Proposed Summons. (Dermody, Kelly) (Filed on 8/1/2020) (Entered: 08/01/2020)

Aug. 1, 2020

Aug. 1, 2020

RECAP

Electronic Filing Error

Aug. 3, 2020

Aug. 3, 2020

PACER
3

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Colin Scholl, Lisa Strawn.. (Dermody, Kelly) (Filed on 8/3/2020) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

RECAP
4

Case assigned to Judge Charles R. Breyer. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (mbcS, COURT STAFF) (Filed on 8/3/2020) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
5

Initial Case Management Scheduling Order with ADR Deadlines: Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Case Management Statement due by 10/30/2020. Initial Case Management Conference set for 11/6/2020 08:30 AM. (Attachments: # 1 Notice of Eligibility for Video Recording)(mclS, COURT STAFF) (Filed on 8/3/2020) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
6

Summons Issued as to Steven Mnuchin, Charles Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service, United States of America. (mclS, COURT STAFF) (Filed on 8/3/2020) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

RECAP

Electronic filing error. Jurisdiction code changed to "US defendant" and county of residence changed to "Monterey" as it refers to the county of residence of the first listed plaintiff in the case data opening screen. Corrected by Clerk's Office. No further action is necessary. Re: 1 Complaint filed by Lisa Strawn, Colin Scholl. (mclS, COURT STAFF) (Filed on 8/3/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER

~Util - Case Assigned by Intake

Aug. 3, 2020

Aug. 3, 2020

PACER
7

ADMINISTRATIVE MOTION for Leave to File a Brief in Excess of the 15-page Limit filed by Colin Scholl, Lisa Strawn. Responses due by 8/10/2020. (Attachments: # 1 Proposed Order)(Dermody, Kelly) (Filed on 8/4/2020) (Entered: 08/04/2020)

1 Proposed Order

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Aug. 4, 2020

Aug. 4, 2020

RECAP
8

MOTION for Preliminary Injunction, MOTION to Certify Class, MOTION to Appoint Lead Plaintiff and Lead Counsel filed by Colin Scholl, Lisa Strawn. Motion Hearing set for 9/11/2020 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Responses due by 8/18/2020. Replies due by 8/25/2020. (Attachments: # 1 Proposed Order)(Dermody, Kelly) (Filed on 8/4/2020) (Entered: 08/04/2020)

1 Proposed Order

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Aug. 4, 2020

Aug. 4, 2020

RECAP
9

Declaration of Kelly M. Dermody in Support of 8 MOTION for Preliminary Injunction MOTION to Certify Class MOTION to Appoint Lead Plaintiff and Lead Counsel filed byColin Scholl, Lisa Strawn. (Related document(s) 8 ) (Dermody, Kelly) (Filed on 8/4/2020) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

RECAP
10

Declaration of Mona Tawatao in Support of 8 MOTION for Preliminary Injunction MOTION to Certify Class MOTION to Appoint Lead Plaintiff and Lead Counsel filed byColin Scholl, Lisa Strawn. (Related document(s) 8 ) (Dermody, Kelly) (Filed on 8/4/2020) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

RECAP
11

Declaration of Yaman Salahi in Support of 8 MOTION for Preliminary Injunction MOTION to Certify Class MOTION to Appoint Lead Plaintiff and Lead Counsel filed byColin Scholl, Lisa Strawn. (Related document(s) 8 ) (Salahi, Yaman) (Filed on 8/4/2020) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

RECAP
12

Request for Judicial Notice re 8 MOTION for Preliminary Injunction MOTION to Certify Class MOTION to Appoint Lead Plaintiff and Lead Counsel filed byColin Scholl, Lisa Strawn. (Related document(s) 8 ) (Salahi, Yaman) (Filed on 8/4/2020) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

RECAP
13

Declaration of Colin Scholl in Support of 8 MOTION for Preliminary Injunction MOTION to Certify Class MOTION to Appoint Lead Plaintiff and Lead Counsel filed byColin Scholl, Lisa Strawn. (Related document(s) 8 ) (Dermody, Kelly) (Filed on 8/4/2020) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

RECAP
14

Declaration of Lisa Strawn in Support of 8 MOTION for Preliminary Injunction MOTION to Certify Class MOTION to Appoint Lead Plaintiff and Lead Counsel filed byColin Scholl, Lisa Strawn. (Related document(s) 8 ) (Dermody, Kelly) (Filed on 8/4/2020) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

RECAP
15

Declaration of Sandra Johnson in Support of 8 MOTION for Preliminary Injunction MOTION to Certify Class MOTION to Appoint Lead Plaintiff and Lead Counsel filed byColin Scholl, Lisa Strawn. (Related document(s) 8 ) (Dermody, Kelly) (Filed on 8/4/2020) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

RECAP
16

Declaration of David Cowan in Support of 8 MOTION for Preliminary Injunction MOTION to Certify Class MOTION to Appoint Lead Plaintiff and Lead Counsel filed byColin Scholl, Lisa Strawn. (Related document(s) 8 ) (Dermody, Kelly) (Filed on 8/4/2020) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

RECAP
17

Declaration of San Francisco District Attorney Chesa Boudin in Support of 8 MOTION for Preliminary Injunction MOTION to Certify Class MOTION to Appoint Lead Plaintiff and Lead Counsel filed byColin Scholl, Lisa Strawn. (Related document(s) 8 ) (Dermody, Kelly) (Filed on 8/4/2020) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

RECAP

Set Motion and Deadlines/Hearings

Aug. 5, 2020

Aug. 5, 2020

PACER
18

ORDER by Judge Charles R. Breyer: Granting 7 Administrative Motion. (lsS, COURT STAFF) (Filed on 8/5/2020) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER
19

ORDER OF RECUSAL. Signed by Judge Charles R. Breyer on 8/5/2020. (lsS, COURT STAFF) (Filed on 8/5/2020) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

RECAP
20

ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Phyllis J. Hamilton for all further proceedings. Judge Charles R. Breyer no longer assigned to case,. Signed by Clerk on 08/05/2020. (mbcS, COURT STAFF) (Filed on 8/5/2020) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER
21

ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 11/5/2020. Initial Case Management Conference set for 11/12/2020 at 02:00 PM in Oakland, Courtroom 3, 3rd Floor. Signed by Judge Phyllis J. Hamilton on 8/5/2020. (kcS, COURT STAFF) (Filed on 8/5/2020) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER
22

Renotice motion hearing re 8 MOTION for Preliminary Injunction MOTION to Certify Class MOTION to Appoint Lead Plaintiff and Lead Counsel filed byColin Scholl, Lisa Strawn. (Related document(s) 8 ) (Dermody, Kelly) (Filed on 8/5/2020) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER

Reset Hearing as to 8 MOTION for Preliminary Injunction MOTION to Certify Class MOTION to Appoint Lead Plaintiff and Lead Counsel </i. Motion Hearing set for 9/9/2020 at 09:00 AM in before Judge Phyllis J. Hamilton. (kcS, COURT STAFF) (Filed on 8/5/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER

Reset Hearing as to 8 MOTION for Preliminary Injunction MOTION to Certify Class MOTION to Appoint Lead Plaintiff and Lead Counsel . Motion Hearing set for 9/9/2020 at 09:00 AM in before Judge Phyllis J. Hamilton. (kcS, COURT STAFF) (Filed on 8/5/2020) Modified on 8/7/2020 (jlmS, COURT STAFF).

Aug. 5, 2020

Aug. 5, 2020

PACER

Set Motion and Deadlines/Hearings

Aug. 6, 2020

Aug. 6, 2020

PACER
23

AFFIDAVIT of Service for Summons served on Steven T. Mnuchin on August 4, 2020, filed by Colin Scholl, Lisa Strawn. (Dermody, Kelly) (Filed on 8/7/2020) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

RECAP
24

AFFIDAVIT of Service for Summons served on Charles P. Rettig on August 4, 2020, filed by Colin Scholl, Lisa Strawn. (Dermody, Kelly) (Filed on 8/7/2020) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER
25

AFFIDAVIT of Service for Summons served on U.S. Department of the Treasury on August 4, 2020, filed by Colin Scholl, Lisa Strawn. (Dermody, Kelly) (Filed on 8/7/2020) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER
26

AFFIDAVIT of Service for Summons served on U.S. Internal Revenue Service on August 4, 2020, filed by Colin Scholl, Lisa Strawn. (Dermody, Kelly) (Filed on 8/7/2020) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER
27

AFFIDAVIT of Service for Summons served on United States of America on August 4, 2020, filed by Colin Scholl, Lisa Strawn. (Dermody, Kelly) (Filed on 8/7/2020) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER

Electronic Filing Error

Aug. 10, 2020

Aug. 10, 2020

PACER

Electronic filing error. NOTE TO COUNSEL: That the correct case number for this case is: 4:20-cv-05309-PJH. Counsel need not re-file the documents, but should reference th e correct case number and Judge's initials on future filings. Corrected by Clerk's Office. No further action is necessary Re: 26 Affidavit of Service filed by Lisa Strawn, Colin Scholl, 25 Affidavit of Service filed by Lisa Strawn, Colin Scholl, 27 Affidavit of Service filed by Lisa Strawn, Colin Scholl, 24 Affidavit of Service filed by Lisa Strawn, Colin Scholl, 23 Affidavit of Service filed by Lisa Strawn, Colin Scholl (jlmS, COURT STAFF) (Filed on 8/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER

Set Motion and Deadlines/Hearings

Aug. 17, 2020

Aug. 17, 2020

PACER
28

STIPULATION WITH PROPOSED ORDER to Extend the Time for United States to Respond to Motion for Preliminary Injunction filed by United States of America, Colin Scholl and Lisa Strawn. (Attachments: # 1 Declaration of Landon Yost, # 2 Proposed Order)(Yost, Landon) (Filed on 8/17/2020) Modified on 8/17/2020 (jmlS, COURT STAFF). (Entered: 08/17/2020)

1 Declaration of Landon Yost

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2 Proposed Order

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Aug. 17, 2020

Aug. 17, 2020

RECAP
29

ORDER GRANTING STIPULATION TO EXTEND TIME FOR UNITED STATES TO RESPOND TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION AND CLASS CERTIFICATION by Judge Phyllis J. Hamilton granting 28 Stipulation. (kcS, COURT STAFF) (Filed on 8/17/2020) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER

Reset Deadlines as to 8 MOTION for Preliminary Injunction, MOTION to Certify Class, MOTION to Appoint Lead Plaintiff and Lead Counsel . Response due by 9/1/2020. Reply due by 9/8/2020. Motion Hearing set for 9/16/2020 at 09:00 AM before Judge Phyllis J. Hamilton. (kcS, COURT STAFF) (Filed on 8/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
30

NOTICE of Pendency of Other Action by Colin Scholl, Lisa Strawn (Attachments: # 1 Exhibit A - Notice Filed in ND Illinois)(Dermody, Kelly) (Filed on 8/17/2020) Modified on 8/18/2020 (jmlS, COURT STAFF). (Entered: 08/17/2020)

1 Exhibit A - Notice Filed in ND Illinois

View on RECAP

Aug. 17, 2020

Aug. 17, 2020

RECAP

Electronic Filing Error

Aug. 18, 2020

Aug. 18, 2020

PACER
31

CLERK'S NOTICE VACATING MOTION HEARING. You are hereby notified that the hearing re 8 Motion for Preliminary Injunction, to Certify Class, and to Appoint Lead Plaintiff and Lead Counsel is VACATED. The matter will be taken under submission on the papers. In the event that the court determines that oral argument is necessary, the court will issue a notice to the parties with instructions on the hearing procedure at a future date. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kcS, COURT STAFF) (Filed on 8/18/2020) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
32

NOTICE of Appearance by Christopher Robert Pitoun for Proposed Intervenors John Galvan and Patrick Taylor (Pitoun, Christopher) (Filed on 8/18/2020) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
33

MOTION to Intervene and, MOTION to Transfer Case Under the First-to-File Rule filed by John Galvan, Patrick Taylor. Responses due by 9/1/2020. Replies due by 9/8/2020. (Attachments: # 1 Exhibit 1 - Galvan Complaint, # 2 Exhibit 2 - Galvan Motion for Class Certification, # 3 Exhibit 3 - Galvan Memorandum in Support of Motion for Class Certification, # 4 Exhibit 4 - Galvan Motion for Partial Summary Judgment, # 5 Exhibit 5 - Galvan Statement of Facts in Support of Motion for Partial Summary Judgment, # 6 Exhibit 6 - Galvan Memorandum in Support of Summary Partial Summary Judgment, # 7 Exhibit 7 - Galvan & Taylor's Response to Notice, # 8 Proposed Order)(Pitoun, Christopher) (Filed on 8/18/2020) (Entered: 08/18/2020)

1 Exhibit 1 - Galvan Complaint

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2 Exhibit 2 - Galvan Motion for Class Certification

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3 Exhibit 3 - Galvan Memorandum in Support of Motion for Class Certification

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4 Exhibit 4 - Galvan Motion for Partial Summary Judgment

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5 Exhibit 5 - Galvan Statement of Facts in Support of Motion for Partial Summary J

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6 Exhibit 6 - Galvan Memorandum in Support of Summary Partial Summary Judgment

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7 Exhibit 7 - Galvan & Taylor's Response to Notice

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8 Proposed Order

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Aug. 18, 2020

Aug. 18, 2020

RECAP

Electronic filing error. REMINDER TO COUNSEL: Counsel is instructed that all future filings shall bear the initials PJH immediately after the case number. Re: 32 N otice of Appearance filed by Patrick Taylor, John Galvan, 33 MOTION to Intervene and MOTION to Transfer Case Under the First-to-File Rule filed by Patrick Taylor, John Galvan (jmlS, COURT STAFF) (Filed on 8/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER

Clerk's Notice

Aug. 18, 2020

Aug. 18, 2020

PACER
34

OPPOSITION/RESPONSE (re 33 MOTION to Intervene and MOTION to Transfer Case Under the First-to-File Rule ) filed byColin Scholl, Lisa Strawn. (Dermody, Kelly) (Filed on 8/19/2020) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

RECAP
35

Declaration of Nina Olson In Support of Plaintiffs' Opposition to Proposed Intervenors' Motion to Intervene and to Transfer this Action filed byColin Scholl, Lisa Strawn. (Dermody, Kelly) (Filed on 8/19/2020) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
36

Declaration of Kelly M. Dermody in Support of 34 Opposition/Response to Motion to Intervene and to Transfer this Action filed byColin Scholl, Lisa Strawn. (Attachments: # 1 Exhibit A - Prison Population (CA), # 2 Exhibit B - Prison Population (IL), # 3 Exhibit C - Declaration of Patrick Thomas)(Related document(s) 34 ) (Dermody, Kelly) (Filed on 8/19/2020) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
37

Declaration of Yaman Salahi in Support of 34 Opposition/Response to Motion to Intervene and to Transfer this Action filed byColin Scholl, Lisa Strawn. (Related document(s) 34 ) (Salahi, Yaman) (Filed on 8/19/2020) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER

Electronic Filing Error

Aug. 19, 2020

Aug. 19, 2020

PACER
38

NOTICE of Appearance by Stephanie Powers Skaff (Skaff, Stephanie) (Filed on 8/21/2020) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
39

NOTICE of Appearance by Cynthia Alicia Castillo (Castillo, Cynthia) (Filed on 8/21/2020) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
40

ADMINISTRATIVE MOTION Leave to file Amicus Brief, Administrative Motion to File Under Seal (n/a), MOTION to Alter Judgment (n/a), MOTION to Amend/Correct (n/a), MOTION for Leave to Appeal in forma pauperis (n/a), MOTION for Leave to Appear, MOTION to Appear by Telephone, MOTION to Appoint Counsel (n/a), MOTION to Appoint Custodian filed by AMICI CURIAE East Bay Community Law Center. Responses due by 8/25/2020. Responses due by 9/4/2020. Replies due by 9/11/2020. (Attachments: # 1 Exhibit A (Amicus Brief), # 2 Exhibit B (Proposed Order))(Castillo, Cynthia) (Filed on 8/21/2020) (Entered: 08/21/2020)

1 Exhibit A (Amicus Brief)

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2 Exhibit B (Proposed Order)

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Aug. 21, 2020

Aug. 21, 2020

RECAP
41

Potential Intervenors' Reply in Support of Motion to Intervene and to Transfer This Action Under the First-to-File Rule (re 33 MOTION to Intervene and MOTION to Transfer Case Under the First-to-File Rule ) filed byJohn Galvan, Patrick Taylor. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Pitoun, Christopher) (Filed on 8/26/2020) Modified on 8/27/2020 (jmlS, COURT STAFF). (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
42

OPPOSITION/RESPONSE (re 33 MOTION to Intervene and MOTION to Transfer Case Under the First-to-File Rule ) filed byUnited States of America. (Yost, Landon) (Filed on 8/27/2020) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
43

ORDER by Judge Phyllis J. Hamilton granting 33 Motion to Intervene; denying 33 Motion to Transfer Case. (pjhlc1S, COURT STAFF) (Filed on 8/29/2020) (Entered: 08/29/2020)

Aug. 29, 2020

Aug. 29, 2020

RECAP
44

OPPOSITION/RESPONSE (re 8 MOTION for Preliminary Injunction MOTION to Certify Class MOTION to Appoint Lead Plaintiff and Lead Counsel ) filed bySteven Mnuchin, Charles Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service, United States of America. (Attachments: # 1 Declaration of Michael J. Desmond)(Yost, Landon) (Filed on 9/1/2020) (Entered: 09/01/2020)

1 Declaration of Michael J. Desmond

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Sept. 1, 2020

Sept. 1, 2020

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45

NOTICE of Defendants' Failure to Oppose Motion for Class Certification and Proposed Order re 44 Opposition/Response to Motion, filed by Colin Scholl, Lisa Strawn (Attachments: # 1 Proposed Order)(Dermody, Kelly) (Filed on 9/2/2020) Modified on 9/3/2020 (jlmS, COURT STAFF). (Entered: 09/02/2020)

1 Proposed Order

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Sept. 2, 2020

Sept. 2, 2020

RECAP
46

NOTICE of Opposition re 8 Motion to Certify Class, filed by Steven Mnuchin, Charles Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service, United States of America (Yost, Landon) (Filed on 9/3/2020) Modified on 9/3/2020 (jlmS, COURT STAFF). (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
47

REPLY (re 8 MOTION for Preliminary Injunction, MOTION to Certify Class, MOTION to Appoint Lead Plaintiff and Lead Counsel) filed byColin Scholl, Lisa Strawn. (Dermody, Kelly) (Filed on 9/8/2020) Modified on 9/9/2020 (jlmS, COURT STAFF). (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

RECAP
48

Supplemental Declaration of Yaman Salahi in Support of 8 MOTION for Preliminary Injunction, MOTION to Certify Class, MOTION to Appoint Lead Plaintiff and Lead Counsel filed byColin Scholl, Lisa Strawn. (Attachments: # 1 Exhibit 45 - TIGTA Report April 2020)(Related document(s) 8 ) (Salahi, Yaman) (Filed on 9/8/2020) Modified on 9/9/2020 (jlmS, COURT STAFF). (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
49

Order by Judge Phyllis J. Hamilton granting 40 Administrative Motion for Leave to File Brief for Amici Curiae. (pjhlc1S, COURT STAFF) (Filed on 9/9/2020) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

RECAP
50

ORDER by Judge Phyllis J. Hamilton granting 8 Motion for Preliminary Injunction; granting 8 Motion to Certify Class; granting 8 Motion to Appoint Lead Plaintiff and Lead Counsel. (pjhlc1S, COURT STAFF) (Filed on 9/24/2020) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

RECAP
51

Emergency MOTION for Notice to Class Members of Impending Deadline to File Claims and to Correct Class Definition filed by Colin Scholl, Lisa Strawn. Responses due by 10/13/2020. Replies due by 10/20/2020. (Attachments: # 1 Exhibit - Proposed Class Notice, # 2 Proposed Order)(Dermody, Kelly) (Filed on 9/27/2020) (Entered: 09/27/2020)

1 Exhibit - Proposed Class Notice

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2 Proposed Order

View on PACER

Sept. 27, 2020

Sept. 27, 2020

RECAP

Set Motion and Deadlines/Hearings

Sept. 28, 2020

Sept. 28, 2020

PACER
52

STIPULATION WITH PROPOSED ORDER to Shorten Time re: 51 Plaintiffs' Emergency Motion for Notice to Class Members of Impending Deadline to File Claims and to Correct Class Definition, filed by Colin Scholl, Lisa Strawn, Steven Mnuchin, Charles Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service, United States of America. (Attachments: # 1 Declaration of Kelly Dermody, # 2 Proposed Order)(Dermody, Kelly) (Filed on 9/28/2020) Modified on 9/29/2020 (jlmS, COURT STAFF). (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
53

ORDER GRANTING STIPULATED REQUEST TO SHORTEN TIME RE: PLAINTIFFS' EMERGENCY MOTION FOR NOTICE TO CLASS MEMBERS OF IMPENDING DEADLINE TO FILE CLAIMS AND TO CORRECT CLASS DEFINITION by Judge Phyllis J. Hamilton granting 52 Stipulation. (kcS, COURT STAFF) (Filed on 9/28/2020) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

RECAP

Reset Deadlines as to 51 Emergency MOTION for Notice to Class Members of Impending Deadline to File Claims and to Correct Class Definition . Opposition due by 9/30/2020. Reply due by 10/2/2020. (kcS, COURT STAFF) (Filed on 9/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
54

MOTION for Summary Judgment filed by Colin Scholl, Lisa Strawn. Motion Hearing set for 11/4/2020 09:00 AM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton. Responses due by 10/13/2020. Replies due by 10/20/2020. (Attachments: # 1 Proposed Order)(Dermody, Kelly) (Filed on 9/29/2020) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
55

Declaration of Yaman Salahi in Support of 54 MOTION for Summary Judgment filed byColin Scholl, Lisa Strawn. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3, # 4 Exhibit Ex. 4, # 5 Exhibit Ex. 5, # 6 Exhibit Ex. 6, # 7 Exhibit Ex. 7)(Related document(s) 54 ) (Salahi, Yaman) (Filed on 9/29/2020) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
56

OPPOSITION/RESPONSE (re 51 Emergency MOTION for Notice to Class Members of Impending Deadline to File Claims and to Correct Class Definition ) filed bySteven Mnuchin, Charles Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service, United States of America. (Attachments: # 1 Declaration of Kenneth C. Corbin)(Yost, Landon) (Filed on 9/30/2020) (Entered: 09/30/2020)

1 Declaration of Kenneth C. Corbin

View on PACER

Sept. 30, 2020

Sept. 30, 2020

PACER
57

MOTION to Shorten Time re Plaintiffs' Motion for Summary Judgment, filed by Colin Scholl, Lisa Strawn. (Attachments: # 1 Declaration of Kelly M. Dermody in Support, # 2 Proposed Order)(Dermody, Kelly) (Filed on 10/1/2020) Modified on 10/2/2020 (jlmS, COURT STAFF). (Entered: 10/01/2020)

1 Declaration of Kelly M. Dermody in Support

View on PACER

2 Proposed Order

View on PACER

Oct. 1, 2020

Oct. 1, 2020

PACER
58

Emergency MOTION to Stay of Preliminary Injunction Pending Appeal filed by Steven Mnuchin, Charles Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service, United States of America. Responses due by 10/15/2020. Replies due by 10/22/2020. (Attachments: # 1 Exhibit 1)(Yost, Landon) (Filed on 10/1/2020) Modified on 10/2/2020 (jlmS, COURT STAFF). (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

PACER
59

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Steven Mnuchin, Charles Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service, United States of America. Appeal of Order on Motion for Preliminary Injunction, Order on Motion to Certify Class, Order on Motion to Appoint Lead Plaintiff and Lead Counsel 50 (Appeal fee FEE WAIVED.) (Yost, Landon) (Filed on 10/1/2020) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

RECAP
60

REPLY (re 51 Emergency MOTION for Notice to Class Members of Impending Deadline to File Claims and to Correct Class Definition ) filed byColin Scholl, Lisa Strawn. (Dermody, Kelly) (Filed on 10/2/2020) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
61

STIPULATION WITH PROPOSED ORDER TO SHORTEN TIME re 58 Emergency Motion to Stay of Preliminary Injunction Pending Appeal, filed by Steven Mnuchin, Charles Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service, United States of America, Lisa Strawn, Colin Scholl. (Attachments: # 1 Declaration of Landon Yost, # 2 Proposed Order)(Yost, Landon) (Filed on 10/2/2020) Modified on 10/5/2020 (jlmS, COURT STAFF). (Entered: 10/02/2020)

1 Declaration of Landon Yost

View on PACER

2 Proposed Order

View on PACER

Oct. 2, 2020

Oct. 2, 2020

RECAP
62

ORDER by Judge Phyllis J. Hamilton granting 51 Motion for Notice to Class Members; granting 57 Motion to Shorten Time; granting 61 Stipulation. (pjhlc1S, COURT STAFF) (Filed on 10/2/2020) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

RECAP
63

USCA Case Number 20-16915 Ninth Circuit Court of Appeals for 59 Notice of Appeal, filed by Steven Mnuchin, U.S. Internal Revenue Service, Charles Rettig, United States of America, U.S. Department of the Treasury. (cjlS, COURT STAFF) (Filed on 10/2/2020) (Entered: 10/05/2020)

Oct. 2, 2020

Oct. 2, 2020

RECAP
64

ORDER of USCA: Scheduling Briefing as to 59 Notice of Appeal. USCA No. 20-16915. (jlmS, COURT STAFF) (Filed on 10/2/2020) (jlmS, COURT STAFF). (Entered: 10/05/2020)

Oct. 2, 2020

Oct. 2, 2020

RECAP

Reset Deadlines as to 54 MOTION for Summary Judgment . Response due by 10/7/2020. Reply due by 10/9/2020. See docket no. 62 (amgS, COURT STAFF) (Filed on 10/5/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER

Set Motion and Deadlines/Hearings

Oct. 5, 2020

Oct. 5, 2020

PACER

Reset Deadlines as to 58 Emergency MOTION to Stay of Preliminary Injunction Pending Appeal. Response due by 10/6/2020. Repply due by 10/8/2020. See Docket No. 62 (amgS, COURT STAFF) (Filed on 10/5/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER

Reset Deadlines as to 58 Emergency MOTION to Stay of Preliminary Injunction Pending Appeal. Response due by 10/7/2020. Repply due by 10/9/2020. See Docket No. 62 (amgS, COURT STAFF) (Filed on 10/5/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
65

RESPONSE re 62 Order on Motion for Miscellaneous Relief, Order on Motion to Shorten Time, Order on Stipulation by Steven Mnuchin, Charles Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service, United States of America. (Attachments: # 1 Appendix A)(Yost, Landon) (Filed on 10/5/2020) (Entered: 10/05/2020)

1 Appendix A

View on PACER

Oct. 5, 2020

Oct. 5, 2020

PACER
66

OPPOSITION/RESPONSE (re 58 Emergency MOTION to Stay of Preliminary Injunction Pending Appeal ) filed byColin Scholl, Lisa Strawn. (Dermody, Kelly) (Filed on 10/6/2020) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

RECAP
67

RESPONSE re 65 Response ( Non Motion ), 62 Order on Motion for Miscellaneous Relief, Order on Motion to Shorten Time, Order on Stipulation - Plaintiffs' Response to Defendants' Proposed Notice Plan by Colin Scholl, Lisa Strawn. (Dermody, Kelly) (Filed on 10/6/2020) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER
68

Declaration of Kelly M. Dermody in Support of 67 Response ( Non Motion ), filed byColin Scholl, Lisa Strawn. (Attachments: # 1 Exhibit A - Plaintiffs' Proposed Notice, # 2 Exhibit B - Redline Showing Changes)(Related document(s) 67 ) (Dermody, Kelly) (Filed on 10/6/2020) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER
69

ORDER by Judge Phyllis J. Hamilton Re 51 Emergency MOTION for Notice to Class Members. (pjhlc1S, COURT STAFF) (Filed on 10/7/2020) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

RECAP
70

OPPOSITION/RESPONSE (re 54 MOTION for Summary Judgment ) filed bySteven Mnuchin, Charles Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service, United States of America. (Attachments: # 1 Exhibit 1)(Yost, Landon) (Filed on 10/7/2020) (Entered: 10/07/2020)

1 Exhibit 1

View on PACER

Oct. 7, 2020

Oct. 7, 2020

PACER
71

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Steven Mnuchin, Charles Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service, United States of America. Appeal of Order 69 (Appeal fee FEE WAIVED.) (Yost, Landon) (Filed on 10/8/2020) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

RECAP
91

USCA Case Number 20-16963 Ninth Circuit Court of Appeals for 71 Notice of Appeal, filed by Steven Mnuchin, U.S. Internal Revenue Service, Charles Rettig, United States of America, U.S. Department of the Treasury. (cjlS, COURT STAFF) (Filed on 10/8/2020) (Entered: 10/16/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
92

ORDER of USCA: Setting Briefing Schedule as to 71 Notice of Appeal. USCA No. 20-16963. (jlmS, COURT STAFF) (Filed on 10/8/2020) (Entered: 10/16/2020)

Oct. 8, 2020

Oct. 8, 2020

RECAP
129

Letter to Judge Phyllis J. Hamilton re Stimulus Check, from Gloria B. Flores, dated 10/07/20. (jlmS, COURT STAFF) (Filed on 10/8/2020) (Entered: 10/29/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
72

REPLY (re 58 Emergency MOTION to Stay of Preliminary Injunction Pending Appeal ) filed bySteven Mnuchin, Charles Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service, United States of America. (Yost, Landon) (Filed on 10/9/2020) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
73

REPLY (re 54 MOTION for Summary Judgment ) filed byColin Scholl, Lisa Strawn. (Dermody, Kelly) (Filed on 10/9/2020) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
74

Declaration of Yaman Salahi in Support of 54 MOTION for Summary Judgment filed byColin Scholl, Lisa Strawn. (Attachments: # 1 Exhibit 8 - CDCR Data re Colin Scholl, # 2 Exhibit 9 - Re-filed Signed Declarations, # 3 Exhibit 10 - E-mail to Defendants)(Related document(s) 54 ) (Salahi, Yaman) (Filed on 10/9/2020) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
75

Declaration of Lisa Strawn in Support of 54 MOTION for Summary Judgment filed byColin Scholl, Lisa Strawn. (Related document(s) 54 ) (Dermody, Kelly) (Filed on 10/9/2020) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
76

Amicus Curiae APPEARANCE entered by Amy Nicole Spivey on behalf of Center for Taxpayer Rights. (Attachments: # 1 Certificate/Proof of Service)(Spivey, Amy) (Filed on 10/9/2020) (Entered: 10/09/2020)

1 Certificate/Proof of Service

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Oct. 9, 2020

Oct. 9, 2020

RECAP

Case Details

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 1, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All United States citizens and legal permanent residents who are or were incarcerated (i.e., confined in a jail, prison, or other penal institution or correctional facility pursuant to their conviction of a criminal offense) in the United States, or have been held to have violated a condition of parole or probation imposed under federal or state law, at any time from March 27, 2020 to the August 1, 2020 and who are otherwise tax-eligible to receive the CARES Act benefits.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

United States of America, Federal

U.S. Department of Treasury, Federal

U.S. Internal Revenue Service, Federal

Commissioner of Internal Revenue, Federal

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

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Public benefits (includes, e.g., in-state tuition, govt. jobs)