State Of Ohio v. Secretary, Department of Treasury, et al
| State Of Ohio |
| Janet Yellen, U.S. Department of the Treasury, Richard K. Delmar, United States Department of Treasury, Acting Inspector General, Department of Treasury and Secretary, Department of Treasury |
| 1:2021cv00181 |
| March 17, 2021 |
| US District Court for the Southern District of Ohio |
| Douglas R Cole |
| Other Statutory Actions |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on July 1, 2021. A more recent docket listing may be available from PACER.
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Filing 37
Emergency MOTION to Expedite Proceedings by Plaintiff State Of Ohio. (Flowers, Benjamin)
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Filing 36
OPINION AND ORDER denying #3 Ohio's Motion for Preliminary Injunction, without prejudice to Ohio's ability to later raise the issue should efforts at recoupment under the Tax Mandate become a meaningful possibility. Signed by Judge Douglas R. Cole on 5/12/21. (sct)
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Filing 35
NOTICE by Defendants Acting Inspector General, Department of Treasury, Secretary, Department of Treasury, United States Department of Treasury of Supplemental Authority (Attachments: #1 Exhibit E.D. Mo. Decision) (Roberts, Charles)
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Minute Entry for proceedings held before Judge Douglas R. Cole: Telephone Status Conference held on 5/12/21. Ben Flowers and May Davis appeared for the Plaintiff; Stephen Ehrlich and Charles Roberts appeared for the Defendants. Plaintiff's Emergency Motion to Expedite Proceedings was discussed. The parties agreed to a briefing schedule. Plaintiff to file Motion for Permanent Injunction of not more than 30 pages by 5/19/21; Defendants to file their combined Response to the Motion for Permanent Injunction and Motion to Dismiss of not more than 30 pages by 6/2/21; Plaintiff to file their combined Reply in Support of the Motion for Permanent Injunction and Response to the Motion to Dismiss of not more than 20 pages by 6/7/21; Defendants to file their Reply in Support of the Motion to Dismiss of not more than 20 pages by 6/11/21. The Court will determine whether oral argument is necessary after all briefing has been submitted. (Court Reporter: Sue Lopreato-Official). (sct)
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NOTATION ORDER denying as moot #37 Plaintiff's Emergency Motion to Expedite Proceedings. SO ORDERED. Signed by Judge Douglas R. Cole on 5/12/21. (sct)
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NOTATION ORDER granting #34 Plaintiff's Combined Motion for Leave to File Response to Notice Filed by Defendants. The response is deemed filed as attached to the notice. SO ORDERED. Signed by Judge Douglas R. Cole on 5/12/21. (sct)
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Filing 34
MOTION for Leave to File Response to Notice Filed by Defendants by Plaintiff State Of Ohio. (Flowers, Benjamin)
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Filing 33
NOTICE by Defendants Acting Inspector General, Department of Treasury, Secretary, Department of Treasury, United States Department of Treasury of Interim Final Rule (Attachments: #1 Exhibit A: Interim Final Rule) (Ehrlich, Stephen)
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Filing 32
Transcript of Proceedings, status videoconference, held on 04/30/2021, before Judge Douglas R. Cole. Court Reporter/Transcriber Lisa Conley Yungblut, Telephone number 513-564-7676. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office.. Redaction Request due 5/25/2021. Redacted Transcript Deadline set for 6/4/2021. Release of Transcript Restriction set for 8/2/2021. (lcy)
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Minute Entry for proceedings held before Judge Douglas R. Cole: Motion Hearing held on 4/30/21 re #3 Plaintiff's MOTION for Preliminary Injunction. Ben Flowers appeared for the Plaintiff; Brian Netter, Charles Roberts, and Stephen Ehrlich appeared for Defendants. The Court heard arguments of counsel and took the matter under advisement. Order to issue. (Court Reporter: Lisa Conley-Yungblut-Official) (sct)
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Filing 31
NOTICE of Appearance by Brian David Netter for Defendants Acting Inspector General, Department of Treasury, Secretary, Department of Treasury, United States Department of Treasury (Netter, Brian)
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Filing 30
REPLY to Response to Motion re #3 MOTION for Preliminary Injunction filed by Plaintiff State Of Ohio. (Flowers, Benjamin)
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Filing 29
RESPONSE in Opposition re #3 MOTION for Preliminary Injunction filed by Defendants Acting Inspector General, Department of Treasury, Secretary, Department of Treasury, United States Department of Treasury. (Ehrlich, Stephen)
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Filing 28
NOTICE of Appearance by Charles E.T. Roberts for Defendants Acting Inspector General, Department of Treasury, Secretary, Department of Treasury, United States Department of Treasury (Roberts, Charles)
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NOTATION ORDER granting #18 Motion for Leave to Appear Pro Hac Vice of Joseph D. Henchman as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Douglas R. Cole on 4/14/2021. (eh)
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Filing 27
BRIEF by Amicus National Taxpayers Union Foundation. (Holecek, Christopher)
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NOTATION ORDER granting #19 Amici Curiae Seventy-Four (74) Members of the U.S. Senate and U.S. House of Representatives and the American Center for Law and Justice's Motion for Leave to File Amici Curiae Brief in Support of Plaintiff's Motion for Preliminary Injunction. The document has already been filed as document 20. SO ORDERED. Signed by Judge Douglas R. Cole on 4/12/21. (sct)
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NOTATION ORDER granting #22 National Taxpayers Union Foundation's Unopposed Motion to File Amicus Curiae Brief in Support of Plaintiff's Motion for Preliminary Injunction. National Taxpayers Union Foundation shall file its Amicus Curiae Brief on the docket of this Court. SO ORDERED. Signed by Judge Douglas R. Cole on 4/21/21. (sct)
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Filing 26
Amicus Curiae BRIEF by Amicus The Buckeye Institute for Public Policy Solutions. (Alt, Robert) Modified Docket Text to Match Document on 4/12/2021 (bjc).
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Filing 25
NOTICE of Appearance by Robert Alt for Amicus The Buckeye Institute for Public Policy Solutions (Alt, Robert)
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Filing 24
Amici Curiae BRIEF by Amicus Chamber Of Commerce of the United States. (Clement, Paul) Modified Docket Text to Match Document on 4/12/2021 (bjc).
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Filing 23
NOTATION ORDER granting #17 Motion for Leave to Appear Pro Hac Vice of Paul D. Clement as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. By Judge Douglas R. Cole on 4/9/2021. (ew)
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Filing 22
Unopposed MOTION for Leave to File Amicus Curiae Brief in Support of Plaintiff's Motion for Preliminary Injunction by Amicus National Taxpayers Union Foundation. (Attachments: #1 Exhibit Brief of Amicus Curiae National Taxpayers Union Foundation in Support of Plaintiff's Motion for Preliminary Injunction) (Holecek, Christopher)
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Filing 21
Amicus Curiae APPEARANCE entered by Robert Jason Howard Amicus Parties 74 Members of the US Senate & House of Representatives, American Center for Law and Justice. (Howard, Robert)
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Filing 20
Amicus Curiae BRIEF by Amicus Parties 74 Members of the US Senate & House of Representatives, American Center for Law and Justice. (Howard, Robert) Modified Docket Text to Match Document on 4/12/2021 (bjc).
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Filing 19
MOTION for Leave to File Amicus Curiae Brief by Amicus Parties American Center for Law and Justice, 74 Members of the US Senate & House of Representatives. (Howard, Robert)
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Filing 18
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8258675) of Joseph D. Henchman by Amicus National Taxpayers Union Foundation. (Attachments: #1 Exhibit Certificate of Good Standing) (Holecek, Christopher) Modified docket text on 4/14/2021 (eh).
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Filing 17
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8256941) of Paul D. Clement by Amicus Chamber Of Commerce of the United States. (Attachments: #1 Exhibit Certificate of Good Standing) (Zeiger, Jeffrey)
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Filing 16
SUMMONS Returned Executed as to Defendants Acting Inspector General, Department of Treasury, Secretary, Department of Treasury, United States Department of Treasury, (US Attorney General). (kl)
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Filing 15
Transcript of Proceedings, Telephonic Preliminary Pretrial Conference, held on March 26, 2021, before Judge Douglas R. Cole. Court Reporter M. Sue Lopreato, Telephone number 513.564.7679. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office.. Redaction Request due 4/22/2021. Redacted Transcript Deadline set for 5/3/2021. Release of Transcript Restriction set for 6/30/2021. (mal)
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Filing 14
ORDER granting #10 Parties' Joint MOTION to Set Briefing Schedule. Amicus briefs in support of Ohio due by 4/9/21; Defendants' opposition to the motion for preliminary injunction due by 4/16/21; Amicus briefs in support of Defendants due 4/16/21; Plaintiff's reply in support of its motion for preliminary injunction due by 4/23/21. Signed by Judge Douglas R. Cole on 3/30/21. (sct)
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Filing 13
ORDER denying #7 Stephen Wallace's Emergency Motion to Intervene. Signed by Judge Douglas R. Cole on 3/30/21. (sct)
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NOTICE of Hearing on Motion re #3 Plaintiff's MOTION for Preliminary Injunction: Motion Hearing set for 4/30/21 at 2:30 PM by video conference before Judge Douglas R. Cole. The call-in information for interested parties, the media, or the general public is: +1 (224) 501-3412, Access Code - 836-424-469. (sct)
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Filing 12
Supplement to #7 Emergency Motions filed 3/24/2021, Last Will & Testament filed by Stephen P. Wallace. (er)
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Filing 11
SUMMONS Returned Executed (Not Effectuated related to COVID19) as to Defendants. Acting Inspector General, Department of Treasury served on 3/24/2021, answer due 5/24/2021; Secretary, Department of Treasury served on 3/24/2021, answer due 5/24/2021; United States Department of Treasury served on 3/24/2021, answer due 5/24/2021. (kh)
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Minute Entry for proceedings held before Judge Douglas R. Cole: Informal Preliminary Conference by telephone re #3 MOTION for Preliminary Injunctionheld on 3/26/21. Ben Flowers, May Davis, and Jonathan Blanton appeared for the Plaintiff; Stephen Ehrlich and Charles Roberts appeared for Defendants. The pending motions were discussed. The parties advised the Court that they will not be filing responses to the motion to intervene. The Court will issue an order setting the briefing schedule. Oral Argument on #3 Plaintiff's MOTION for Preliminary Injunction set for 4/30/21 at 2:30 PM before Judge Douglas R. Cole. (Court Reporter: Sue Lopreato-Official). (sct)
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Filing 10
Joint MOTION to Set Briefing Schedule by Defendants Acting Inspector General, Department of Treasury, Secretary, Department of Treasury, United States Department of Treasury. (Ehrlich, Stephen)
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Filing 9
NOTICE of Appearance by Stephen Ehrlich for Defendants Acting Inspector General, Department of Treasury, Secretary, Department of Treasury, United States Department of Treasury (Ehrlich, Stephen)
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Filing 8
SUMMONS Returned Executed as to Defendant United States Department of Treasury (US Attorney). (bjc)
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Filing 7
EMERGENCY MOTIONS to Intervene; for Issuance of a Protective Order with Witness Protection; & For Temporary Injunction, Sua Sponte by Movant Stephen P. Wallace. (er) Modified docket text on 3/25/2021 (sct).
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Filing 6
CERTIFICATE of Mailing by Clerk: A copy of the complaint and issued summons were sent to the named Defendants via certified mail. (er)
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NOTATION ORDER granting #2 Motion for Leave to Appear Pro Hac Vice of Sylvia May Davis as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Douglas R. Cole on 3/19/2021. (eh)
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Filing 5
Summons Issued as to Civil Process Clerk (U.S. Attorney). (kh)
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Filing 4
Summons Issued as to Acting Inspector General, Department of Treasury; Secretary, Department of Treasury; United States Department of Treasury; U.S. Attorney and U.S. Attorney General. (kh) Modified docket text on 3/18/2021 (kh).
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If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (kh)
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Filing 3
MOTION for Preliminary Injunction by Plaintiff State Of Ohio. (Flowers, Benjamin)
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Filing 2
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number Waived) of Sylvia May Davis by Plaintiff State Of Ohio. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (Flowers, Benjamin)
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 402 paid - receipt number: AOHSDC-8222305), filed by State Of Ohio. (Attachments: #1 Civil Cover Sheet, #2 Summons Form Janet Yellen, #3 Summons Form Richard K. Delmar, #4 Summons Form U.S. Dept. of the Treasury) (Flowers, Benjamin)
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