Scholl et al v. Mnuchin et al
| Lisa Strawn and Colin Scholl |
| Charles Rettig, U.S. Internal Revenue Service, United States of America, U.S. Department of the Treasury and Steven Mnuchin |
| John Galvan and Patrick Taylor |
| AMICI CURIAE East Bay Community Law Center |
| 4:2020cv05309 |
| August 1, 2020 |
| US District Court for the Northern District of California |
| Charles R Breyer |
| Phyllis J Hamilton |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 |
| None |
Docket Report
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This docket was last retrieved on January 12, 2021. A more recent docket listing may be available from PACER.
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| Filing 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) |
| Filing 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) |
Filing 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)
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| Filing 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). |
| 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) |
| Filing 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) |
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Filing 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)
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Filing 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)
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| Filing 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). |
| Filing 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). |
| Filing 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). |
| Filing 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). |
| Filing 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) |
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Filing 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)
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| Filing 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) |
| Filing 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). |
| Filing 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) |
| Filing 39 NOTICE of Appearance by Cynthia Alicia Castillo (Castillo, Cynthia) (Filed on 8/21/2020) |
| Filing 38 NOTICE of Appearance by Stephanie Powers Skaff (Skaff, Stephanie) (Filed on 8/21/2020) |
| Filing 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) |
| Filing 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) |
| Filing 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) |
| Filing 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) |
| #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) |
| Filing 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) |
| Filing 32 NOTICE of Appearance by Christopher Robert Pitoun for Proposed Intervenors John Galvan and Patrick Taylor (Pitoun, Christopher) (Filed on 8/18/2020) |
| Filing 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) |
| Filing 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). |
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Filing 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)
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| Filing 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). |
| 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) |
| #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) |
| Filing 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) |
| Filing 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) |
| Filing 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) |
| Filing 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) |
| Filing 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) |
| 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). |
| Filing 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) |
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Filing 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)
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Filing 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)
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Filing 19
ORDER OF RECUSAL. Signed by Judge Charles R. Breyer on 8/5/2020. (lsS, COURT STAFF) (Filed on 8/5/2020)
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Filing 18
ORDER by Judge Charles R. Breyer: Granting #7 Administrative Motion. (lsS, COURT STAFF) (Filed on 8/5/2020)
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| Filing 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) |
| Filing 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) |
| Filing 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) |
| Filing 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) |
| Filing 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) |
| Filing 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) |
| Filing 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) |
| Filing 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) |
| Filing 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) |
| Filing 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) |
| Filing 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) |
| Filing 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) |
| Filing 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) |
| Filing 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) |
| Filing 3 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Colin Scholl, Lisa Strawn.. (Dermody, Kelly) (Filed on 8/3/2020) |
| #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) |
| Filing 2 Proposed Summons. (Dermody, Kelly) (Filed on 8/1/2020) |
| Filing 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) |
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