Colin Scholl, et al v. Steven Mnuchin, et al
| UNITED STATES OF AMERICA, STEVEN TERNER MNUCHIN, in his official capacity as the Secretary of the U.S. Department of Treasury, UNITED STATES INTERNAL REVENUE SERVICE, CHARLES P. RETTIG, in his official capacity as U.S. Commissioner of Internal Revenue and UNITED STATES DEPARTMENT OF THE TREASURY |
| JOHN GALVAN and PATRICK TAYLOR |
| COLIN SCHOLL and LISA STRAWN, on behalf of themselves and all others similarly situated |
| 20-17077 |
| October 20, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 15 Filed order (Deputy Clerk: LBS) Appellants unopposed motion (Docket Entry No. [ # 14 ]) for voluntary dismissal is granted. This appeal is dismissed with prejudice. See Fed. R. App. P. 42(b). This order served on the district court shall act as and for the mandate of this court. [11924657] (JMR) [Entered: 12/11/2020 02:35 PM] |
| Filing 14 Filed (ECF) Appellants IRS, Steven Terner Mnuchin, Charles P. Rettig, United States Department of the Treasury and USA Unopposed Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 12/09/2020. [11920327] [20-17077] (Avetta, Julie) [Entered: 12/09/2020 12:05 PM] |
| Filing 13 The Mediation Questionnaire for this case was filed on 10/27/2020. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11873706]. [20-17077] (AD) [Entered: 10/27/2020 06:44 PM] |
| Filing 12 The Mediation Questionnaire for this case was filed on 10/27/2020. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11873704]. [20-17077] (AD) [Entered: 10/27/2020 06:44 PM] |
| Filing 11 Filed (ECF) Appellants USA, United States Department of the Treasury, IRS, Steven Terner Mnuchin and Charles P. Rettig Mediation Questionnaire. Date of service: 10/27/2020. [11873367] [20-17077] (Avetta, Julie) [Entered: 10/27/2020 03:08 PM] |
| Filing 10 Filed (ECF) Appellees Colin Scholl and Lisa Strawn Mediation Questionnaire. Date of service: 10/27/2020. [11873188] [20-17077] (Dermody, Kelly) [Entered: 10/27/2020 01:49 PM] |
| Filing 9 Filed order (WILLIAM A. FLETCHER, MARSHA S. BERZON and JAY S. BYBEE) The emergency motion for a stay pending appeal (Docket Entry No. [ # 5 ]) is denied. See Nken v. Holder, 556 U.S. 418, 426 (2009) In the emergency motion, appellants do not argue that their policy precluding incarcerated persons from receiving advance payments under the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act), Pub. L. 116136, is valid under the statute.. They raise only procedural arguments: that appellees claims are barred by 26 U.S.C. 7422(a), and that appellees have no cause of action under the Administrative Procedure Act, 5 U.S.C. 702 (the APA). We conclude that appellants have not demonstrated a sufficient likelihood of success on appeal to warrant a stay. Appellants have not demonstrated that the district court erred in concluding that appellees claims fall outside 7422(a). We note that appellants policy of considering incarcerated individuals ineligible for CARES Act advance payments precluded class members from following the prescribed claims filing procedures used by other individuals. Appellants also have not demonstrated that the district court erred in concluding that appellees could proceed under the APA. Appellees challenge an agency policy, leaving determination of whether any individual incarcerated individual is to receive advance CARES Act payments to the agencys decision, applying the generally applicable standards and procedures. DENIED. [11870735] (WL) [Entered: 10/23/2020 05:12 PM] |
| Filing 8 Filed (ECF) Appellants Steven Terner Mnuchin, IRS, Charles P. Rettig, USA and United States Department of the Treasury reply to response (). Date of service: 10/23/2020. [11869421] [20-17077] (Avetta, Julie) [Entered: 10/23/2020 08:08 AM] |
| Filing 7 Filed (ECF) Appellees Colin Scholl and Lisa Strawn response opposing motion ([ # 5 ] Motion (ECF Filing), [ # 5 ] Motion (ECF Filing)). Date of service: 10/22/2020. [11868453] [20-17077] (Dermody, Kelly) [Entered: 10/22/2020 11:45 AM] |
| Filing 6 Filed clerk order (Deputy Clerk: AC): The court has received appellants emergency motion for a stay pending appeal. The response to the motion is due by 12:00 pm Pacific Time on Thursday, October 22, 2020. The optional reply in support of the motion is due by 8:00 am Pacific Time on Friday, October 23, 2020. [11866812] (JMR) [Entered: 10/21/2020 11:05 AM] |
| Filing 5 Filed (ECF) Appellants IRS, Steven Terner Mnuchin, Charles P. Rettig, United States Department of the Treasury and USA EMERGENCY Motion for injunction pending appeal. Date of service: 10/20/2020. [11866327] [20-17077] (Ugolini, Francesca) [Entered: 10/20/2020 07:42 PM] |
| Filing 4 Added Attorney(s) Francesca Ugolini, Michael J. Haungs for party(s) Appellant USA, Appellant Charles P. Rettig, Appellant Steven Terner Mnuchin, Appellant United States Department of the Treasury and Appellant IRS, in case 20-17077. [11865787] (QDL) [Entered: 10/20/2020 02:27 PM] |
| Filing 3 Filed (ECF) notice of appearance of Michael J Haungs (Tax Division Department of Justice Post Office Box 502 Washington, D.C. 20044) for Appellants IRS, Steven Terner Mnuchin, Charles P. Rettig, United States Department of the Treasury and USA. Date of service: 10/20/2020. (Party was previously proceeding with counsel.) [11865774] [20-17077] (Haungs, Michael) [Entered: 10/20/2020 02:24 PM] |
| Filing 2 Filed (ECF) notice of appearance of Francesca Ugolini (Department of Justice, Tax Division, P.O. Box 502, Washington DC 20044) for Appellants IRS, Steven Terner Mnuchin, Charles P. Rettig, United States Department of the Treasury and USA. Date of service: 10/20/2020. (Party was previously proceeding with counsel.) [11865755] [20-17077] (Ugolini, Francesca) [Entered: 10/20/2020 02:17 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Steven Terner Mnuchin, Charles P. Rettig, United States Department of the Treasury, United States Internal Revenue Service and United States of America Mediation Questionnaire due on 10/27/2020. Transcript ordered by 11/19/2020. Transcript due 12/21/2020. Appellants Steven Terner Mnuchin, Charles P. Rettig, United States Department of the Treasury, United States Internal Revenue Service and United States of America opening brief due 01/28/2021. Appellees John Galvan, Colin Scholl, Lisa Strawn and Patrick Taylor answering brief due 03/01/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [11865547] (JBS) [Entered: 10/20/2020 01:12 PM] |
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