State Of New York et al v. Mnuchin et al Featured Case

The states of New York, Connecticut, Maryland, and New Jersey filed a lawsuit against Treasury Secretary Steven Mnuchin, IRS Commissioner David Kautter, and others, over the new $10,000 cap on the federal tax deduction for state and local taxes (“SALT”). The lawsuit seeks declaratory and injunctive relief.

Plaintiff: State of Maryland, State Of Connecticut, State Of New York and State of New Jersey
Defendant: United States Internal Revenue Service, David J Kautter, Steven T. Mnuchin, United States Of America and United States Department of Treasury
Case Number: 1:2018cv06427
Filed: July 17, 2018
Court: New York Southern District Court
Office: Foley Square Office
County: NewYork
Presiding Judge: J Paul Oetken
Nature of Suit: Constitutional - State Statute
Cause of Action: 28:1331vc
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on December 12, 2018. A more recent docket listing may be available from PACER.

Date Filed#Document Text
November 2, 2018 43 MEMORANDUM OF LAW in Support re: 42 MOTION to Dismiss . MOTION to Dismiss for Lack of Jurisdiction . . Document filed by David J Kautter, Steven T. Mnuchin, United States Department of Treasury, United States Internal Revenue Service, United States Of America. (Barnea, Jean-David)
November 2, 2018 42 MOTION to Dismiss ., MOTION to Dismiss for Lack of Jurisdiction . Document filed by David J Kautter, Steven T. Mnuchin, United States Department of Treasury, United States Internal Revenue Service, United States Of America.(Barnea, Jean-David)
October 31, 2018 41 Featured Case ORDER granting 40 Letter Motion for Leave to File Excess Pages. GRANTED. EACH SIDE SHALL BE PERMITTED TO FILE 60 PAGES OF BRIEFING IN TOTAL. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
October 30, 2018 40 JOINT LETTER MOTION for Leave to File Excess Pages addressed to Judge J. Paul Oetken from Rebecca S. Tinio dated October 30, 2018. Document filed by David J Kautter, Steven T. Mnuchin, United States Department of Treasury, United States Internal Revenue Service.(Tinio, Rebecca)
September 6, 2018 39 Featured Case ORDER granting 38 Letter Motion for Extension of Time to Answer. GRANTED. THE PARTIES' PROPOSED BRIEFING SCHEDULE IS APPROVED. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
September 6, 2018 38 JOINT LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, and Proposing Briefing Schedule for Dispositive Motions addressed to Judge J. Paul Oetken from AUSA Jean-David Barnea dated 9/6/18. Document filed by David J Kautter, Steven T. Mnuchin, United States Department of Treasury, United States Internal Revenue Service, United States Of America.(Barnea, Jean-David)
July 30, 2018 37 Featured Case ORDER granting #25 Motion to Appear Pro Hac Vice. GRANTED. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
July 30, 2018 36 Featured Case ORDER granting #24 Motion to Appear Pro Hac Vice. GRANTED. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
July 30, 2018 35 Featured Case ORDER granting #23 Motion to Appear Pro Hac Vice. GRANTED. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
July 30, 2018 34 Featured Case ORDER granting #22 Motion to Appear Pro Hac Vice. GRANTED. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
July 27, 2018 33 Featured Case ORDER: granting #32 Motion for Leave to File Document. The motion by Thomas T. Scambos, Jr., to file an amicus brief is GRANTED. The Clerk of Court is directed to close to motion at Docket Number 32. SO ORDERED (Signed by Judge J. Paul Oetken on 7/27/2018) (ama)
July 25, 2018 32 MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF DEFENDANTS. Document filed by Thomas T. Scambos, Jr. a/k/a Thomas Freed writing on behalf of "We the People" of the Commonwealth of Virginia.(sc)
July 20, 2018 31 CERTIFICATE OF SERVICE of Summons and Complaint, served. Service was made by Mail. Document filed by State of Maryland, State Of Connecticut, State Of New York, State of New Jersey. (Conroy, Owen)
July 20, 2018 30 SUMMONS RETURNED EXECUTED Summons and Complaint, served. United States Of America served on 7/20/2018, answer due 9/18/2018. Service was accepted by Haojun Lee, U.S. Attorney's Office Civil Clerk. Document filed by State of Maryland; State Of Connecticut; State Of New York; State of New Jersey. (Conroy, Owen)
July 20, 2018 29 SUMMONS RETURNED EXECUTED Summons and Complaint, served. United States Internal Revenue Service served on 7/20/2018, answer due 9/18/2018. Service was accepted by Haojun Lee, U.S. Attorney's Office Civil Clerk. Document filed by State of Maryland; State Of Connecticut; State Of New York; State of New Jersey. (Conroy, Owen)
July 20, 2018 28 SUMMONS RETURNED EXECUTED Summons and Complaint, served. David J Kautter served on 7/20/2018, answer due 9/18/2018. Service was accepted by Haojun Lee, U.S. Attorney's Office Civil Clerk. Document filed by State of Maryland; State Of Connecticut; State Of New York; State of New Jersey. (Conroy, Owen)
July 20, 2018 27 SUMMONS RETURNED EXECUTED Summons and Complaint, served. United States Department of Treasury served on 7/20/2018, answer due 9/18/2018. Service was accepted by Haojun Lee, U.S. Attorney's Office Civil Clerk. Document filed by State of Maryland; State Of Connecticut; State Of New York; State of New Jersey. (Conroy, Owen)
July 20, 2018 26 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Steven T. Mnuchin served on 7/20/2018, answer due 9/18/2018. Service was accepted by Haojun Lee, U.S. Attorney's Office Civil Clerk. Document filed by State of Maryland; State Of Connecticut; State Of New York; State of New Jersey. (Conroy, Owen)
July 20, 2018 26 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #25 MOTION for Sarah Whynne Finnegan Rice to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15349134. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
July 20, 2018 25 MOTION for Sarah Whynne Finnegan Rice to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15349134. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Maryland. (Attachments: #1 Certificate of Good Standing, #2 Affidavit, #3 Text of Proposed Order)(Rice, Sarah)
July 20, 2018 25 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 AMENDED MOTION for Jeremy M. Feigenbaum to Appear Pro Hac Vice for State of New Jersey. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
July 20, 2018 24 AMENDED MOTION for Jeremy M. Feigenbaum to Appear Pro Hac Vice for State of New Jersey. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of New Jersey. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)(Feigenbaum, Jeremy)
July 19, 2018 24 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for Mark Frances Kohler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15343281. Motion and supporting papers to be reviewed by Clerk's Office staff., #23 MOTION for Michael Kenneth Skold to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15343354. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
July 19, 2018 23 MOTION for Michael Kenneth Skold to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15343354. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State Of Connecticut. (Attachments: #1 Affidavit In Support of Motion for PHV, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)(Skold, Michael)
July 19, 2018 22 MOTION for Mark Frances Kohler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15343281. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State Of Connecticut. (Attachments: #1 Affidavit In Support of PHV, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)(Kohler, Mark)
July 19, 2018 21 ELECTRONIC SUMMONS ISSUED as to United States Of America, U.S. Attorney and U.S. Attorney General. (dnh)
July 19, 2018 20 ELECTRONIC SUMMONS ISSUED as to United States Internal Revenue Service. (dnh)
July 19, 2018 19 ELECTRONIC SUMMONS ISSUED as to David J Kautter. (dnh)
July 19, 2018 18 ELECTRONIC SUMMONS ISSUED as to United States Department of Treasury. (dnh)
July 19, 2018 17 ELECTRONIC SUMMONS ISSUED as to Steven T. Mnuchin. (dnh)
July 18, 2018 16 REQUEST FOR ISSUANCE OF SUMMONS as to United States of America, re: #1 Complaint,. Document filed by State Of Connecticut, State Of New York, State of Maryland, State of New Jersey. (Olsen, Caroline)
July 18, 2018 15 REQUEST FOR ISSUANCE OF SUMMONS as to United States Internal Revenue Service, re: #1 Complaint,. Document filed by State Of Connecticut, State Of New York, State of Maryland, State of New Jersey. (Olsen, Caroline)
July 18, 2018 14 REQUEST FOR ISSUANCE OF SUMMONS as to David J. Kautter, re: #1 Complaint,. Document filed by State Of Connecticut, State Of New York, State of Maryland, State of New Jersey. (Olsen, Caroline)
July 18, 2018 13 REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Treasury, re: #1 Complaint,. Document filed by State Of Connecticut, State Of New York, State of Maryland, State of New Jersey. (Olsen, Caroline)
July 18, 2018 12 REQUEST FOR ISSUANCE OF SUMMONS as to Steven T. Mnuchin, re: #1 Complaint,. Document filed by State Of Connecticut, State Of New York, State of Maryland, State of New Jersey. (Olsen, Caroline)
July 18, 2018 12 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Caroline Anais Olsen to RE-FILE Document No. #4 Request for Issuance of Summons, #7 Request for Issuance of Summons, #5 Request for Issuance of Summons, #6 Request for Issuance of Summons, #8 Request for Issuance of Summons,. The filing is deficient for the following reason(s): all of the filers were not selected for the request for issuance of summons; second party name on pdf 'To' section must include 'care of c/o';. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)
July 18, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #11 MOTION for Jeremy M. Feigenbaum to Appear Pro Hac Vice for State of New Jersey. Filing fee $ 200.00, receipt number 0208-15338007. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Attorney Affidavit or Declaration - see Local Rule 1.3. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit or Declaration - attach Proposed Order. (jc)
July 18, 2018 11 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jeremy M. Feigenbaum to Appear Pro Hac Vice for State of New Jersey. Filing fee $ 200.00, receipt number 0208-15338007. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of New Jersey. (Attachments: #1 Affidavit Certificate of Good Standing, #2 Text of Proposed Order Order)(Feigenbaum, Jeremy) Modified on 7/18/2018 (jc).
July 18, 2018 11 Case Designated ECF. (jgo)
July 18, 2018 Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo)
July 18, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (jgo)
July 17, 2018 10 NOTICE OF APPEARANCE by Justin Robert Wagner on behalf of State Of New York. (Wagner, Justin)
July 17, 2018 9 NOTICE OF APPEARANCE by Owen Thomas Conroy on behalf of State Of New York. (Conroy, Owen)
July 17, 2018 8 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States of America, re: #1 Complaint,. Document filed by State Of New York. (Olsen, Caroline) Modified on 7/18/2018 (jgo).
July 17, 2018 7 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Internal Revenue Service, re: #1 Complaint,. Document filed by State Of New York. (Olsen, Caroline) Modified on 7/18/2018 (jgo).
July 17, 2018 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to David J. Kautter, re: #1 Complaint,. Document filed by State Of New York. (Olsen, Caroline) Modified on 7/18/2018 (jgo).
July 17, 2018 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Treasury, re: #1 Complaint,. Document filed by State Of New York. (Olsen, Caroline) Modified on 7/18/2018 (jgo).
July 17, 2018 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Steven T. Mnuchin, re: #1 Complaint,. Document filed by State Of New York. (Olsen, Caroline) Modified on 7/18/2018 (jgo).
July 17, 2018 3 CIVIL COVER SHEET filed. (Olsen, Caroline)
July 17, 2018 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Olsen, Caroline) Modified on 7/17/2018 (jgo).
July 17, 2018 1 COMPLAINT against David J Kautter, Steven T. Mnuchin, United States Department of Treasury, United States Internal Revenue Service, United States Of America. (Filing Fee $ 400.00, Receipt Number 0208-15330056)Document filed by State of Maryland, State Of Connecticut, State Of New York, State of New Jersey. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Olsen, Caroline)
July 17, 2018 1 COMPLAINT against David J Kautter, Steven T. Mnuchin, United States Department of Treasury, United States Internal Revenue Service, United States Of America. (Filing Fee $ 400.00, Receipt Number 0208-15330056)Document filed by State of Maryland, State Of Connecticut, State Of New York, State of New Jersey. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Olsen, Caroline)

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Search for this case: State Of New York et al v. Mnuchin et al
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Defendant: United States Internal Revenue Service
Represented By: Jean-David Barnea
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Defendant: David J Kautter
Represented By: Jean-David Barnea
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Defendant: Steven T. Mnuchin
Represented By: Jean-David Barnea
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Defendant: United States Of America
Represented By: Jean-David Barnea
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Defendant: United States Department of Treasury
Represented By: Jean-David Barnea
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Plaintiff: State of Maryland
Represented By: Sarah Whynne Rice
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Plaintiff: State Of Connecticut
Represented By: Mark Francis Kohler
Represented By: Michael K. Skold
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Plaintiff: State Of New York
Represented By: Caroline Anais Olsen
Represented By: Justin Robert Wagner
Represented By: Owen Thomas Conroy
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Plaintiff: State of New Jersey
Represented By: Jeremy M. Feigenbaum
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