Case: R.V. v. Mnuchin

8:20-cv-01148 | U.S. District Court for the District of Maryland

Filed Date: May 5, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a putative class action complaint filed by seven children and their parents against the Secretary of the Treasury and the United States, challenging the social security number ("SSN") requirement of the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. The plaintiffs sought declaratory and injunctive relief prohibiting the refusal of economic impact payments due to the parents’ undocumented status, as well as monetary damages. On May 22, the U.S. Department…

COVID-19 Summary: This is a putative class action complaint filed by seven children and their parents against the Secretary of the Treasury and the United States, challenging the social security number ("SSN") requirement of the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. The plaintiffs sought declaratory and injunctive relief prohibiting the refusal of economic impact payments due to the parents’ undocumented status, as well as monetary damages. On May 22, the U.S. Department of Justice filed a motion to dismiss which was denied on June 19. The case is ongoing.


On May 5, seven children and their parents filed a putative class-action against the Secretary of the Treasury and the United States, challenging the social security number (SSN) requirement of the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. On March 27, President Trump announced the CARES Act aimed to provide economic impact payments to those affected by the COVID-19 pandemic. The CARES Act authorized the Internal Revenue Service (IRS) to distribute $1200.00 to each eligible individual with a social insurance number (SSN). The plaintiffs alleged that the SSN requirement was discriminatory as SSNs were only issued to citizens and immigrants with work authorization. The plaintiffs noted that immigrants without work authorization used an Individual Taxpayer Identification Number (ITIN) to pay their income taxes, which was not accepted. The plaintiffs further alleged that as a result, the Act discriminated against children with undocumented parents in violation of the due process clause under the Fifth Amendment. Filed in the the U.S. District Court for the District of Maryland, the plaintiffs sought declaratory and injunctive relief prohibiting the refusal of economic impact payments due to the parents’ undocumented status. The plaintiffs sought monetary damages awarding $500 to each citizen child plaintiff or to the parent plaintiffs. Represented by the Institute for Constitutional Advocacy and Protection, and Villanova University, the plaintiffs sought to represent all children with one or both parents with undocumented status. The plaintiffs also sought attorney fees. The case was assigned to Judge Paul W. Grimm.

The plaintiffs sought to certify a nationwide class of all U.S. citizen children under age 17 who had been or would be denied the benefits of economic impact payments for “qualified children” under the CARES Act solely because the children have a parent who is an undocumented immigrant who has no social security number. They also sought to certify a second class for damages, defined as: persons whose U.S. citizen children have not received the benefits of economic impact payments for “qualified children” under the CARES Act solely because at least one of the children’s parents is an undocumented immigrant who has no social security number.

On May 22, the U.S. Department of Justice filed a motion to dismiss, arguing that the plaintiffs lacked both Article III and statutory standing because qualifying children are not entitled to the tax credit. They also argued that the plaintiffs failed to state an equal protection claim since there was no impermissible alienage classification as the CARES Act turns on whether a person has an SSN, not alienage. Finally, they argued that the Court did not have subject matter jurisdiction due to sovereign immunity.

On June 19, the defendant’s motion to dismiss was denied. 2020 WL 3402300. The court found that the plaintiffs had Article III standing and adequately alleged an equal protection claim despite not being direct recipients of the credit. The court also found jurisdiction under the Tucker Act, a statute that waives immunity protection and authorizes monetary claims founded upon the constitution. Since the plaintiffs’ claims for relief arose under the constitution and the CARES Act can be interpreted as a money-mandating statute, the court found subject matter jurisdiction.

The defendants filed an answer on July 10. Two plaintiffs filed stipulations of dismissal on October 22. The court is expected to schedule a summary judgment briefing.

The case is ongoing.

Summary Authors

Averyn Lee (7/12/2020)

Chandler Hart-McGonigle (11/30/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17127695/parties/rv-v-mnuchin/


Judge(s)
Attorney for Plaintiff

Backer, Jonathan L. (District of Columbia)

Book, Leslie (Pennsylvania)

Friedman, Robert D. (District of Columbia)

Attorney for Defendant
Expert/Monitor/Master/Other

Barrett, Shannon (Maryland)

Carter, Margaret (Maryland)

show all people

Documents in the Clearinghouse

Document

8:20-cv-01148

Docket [PACER]

Oct. 26, 2020

Oct. 26, 2020

Docket
1

8:20-cv-01148

Class Action Complaint

May 5, 2020

May 5, 2020

Complaint
32

8:20-cv-01148

Motion to Dismiss

May 22, 2020

May 22, 2020

Pleading / Motion / Brief
33

8:20-cv-01148

Plaintiff's Opposition to Defendant's Motion to Dismiss

May 29, 2020

May 29, 2020

Pleading / Motion / Brief
34

8:20-cv-01148

Memorandum Opinion and Order

June 19, 2020

June 19, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17127695/rv-v-mnuchin/

Last updated Feb. 23, 2024, 4:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0416-8639176.), filed by B.G., J.G., E.V., H.A.G., M.M., J.R., R.V., R.R., H.G.T., C.V., I.G., N.R.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Secretary Mnuchin, # 3 Summons U.S. Attorney, # 4 Summons U.S. Attorney General)(Backer, Jonathan) (Entered: 05/05/2020)

1 Civil Cover Sheet

View on PACER

2 Summons Secretary Mnuchin

View on PACER

3 Summons U.S. Attorney

View on PACER

4 Summons U.S. Attorney General

View on PACER

May 5, 2020

May 5, 2020

RECAP
2

MOTION for Permission to Proceed Pseudonymously and to Omit Home Addresses and Counties from the Complaint Caption by B.G., C.V., E.V., H.A.G., H.G.T., I.G., J.G., J.R., M.M., N.R., R.R., R.V.(Backer, Jonathan) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
3

MOTION to Appear Pro Hac Vice for Amy L. Marshak (Filing fee $100, receipt number 0416-8639332.) by B.G., C.V., E.V., H.A.G., H.G.T., I.G., J.G., J.R., M.M., N.R., R.R., R.V.(Backer, Jonathan) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
4

MOTION to Appear Pro Hac Vice for Mary B. McCord (Filing fee $100, receipt number 0416-8639354.) by B.G., C.V., E.V., H.A.G., H.G.T., I.G., J.G., J.R., M.M., N.R., R.R., R.V.(Backer, Jonathan) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
5

MOTION to Appear Pro Hac Vice for Robert D. Friedman (Filing fee $100, receipt number 0416-8639375.) by B.G., C.V., E.V., H.A.G., H.G.T., I.G., J.G., J.R., M.M., N.R., R.R., R.V.(Backer, Jonathan) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
6

QC NOTICE: 1 Complaint, filed by H.G.T., E.V., M.M., R.R., B.G., H.A.G., J.G., N.R., I.G., J.R., C.V., R.V. was filed incorrectly. **Not all attorneys listed as counsel have signed the document. Court staff has entered the appearance of only the attorneys who have signed the document. All other attorneys must enter their own entries of appearance. (ybs, Deputy Clerk) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
7

(FILED IN ERROR)Summons Returned Executed by Ivania Amador. Robert K. Hur served on 5/1/2020. Associated Cases: 1:20-cv-01102-ELH, 8:20-cv-01148-PWG(Newman, Robert) Modified on 5/6/2020 (ybs, Deputy Clerk). Modified on 5/6/2020 (ybs, Deputy Clerk). (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
8

(FILED IN ERROR)Summons Returned Executed by Ivania Amador. William P. Barr served on 5/1/2020. Associated Cases: 1:20-cv-01102-ELH, 8:20-cv-01148-PWG(Newman, Robert) Modified on 5/6/2020 (ybs, Deputy Clerk). Modified on 5/6/2020 (ybs, Deputy Clerk). (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
9

MOTION to Appear Pro Hac Vice for Leslie M. Book (Filing fee $100, receipt number 0416-8640257.) by B.G., C.V., E.V., H.A.G., H.G.T., I.G., J.G., J.R., M.M., N.R., R.R., R.V.(Backer, Jonathan) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
10

PAPERLESS ORDER granting 3 Motion to Appear Pro Hac Vice on behalf of Amy Marshak. Directing attorney Amy Marshak to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 5/6/2020. (srds, Deputy Clerk) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
11

QC NOTICE: 4 Motion to Appear Pro Hac Vice filed by H.G.T., E.V., M.M., R.R., B.G., H.A.G., J.G., N.R., I.G., J.R., C.V., R.V. needs to be modified. See attachment for details and corrective actions needed regarding missing or incomplete information. (srds, Deputy Clerk) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
12

QC NOTICE: 5 Motion to Appear Pro Hac Vice filed by H.G.T., E.V., M.M., R.R., B.G., H.A.G., J.G., N.R., I.G., J.R., C.V., R.V. needs to be modified. See attachment for details and corrective actions needed regarding missing or incomplete information. (srds, Deputy Clerk) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
13

LETTER ORDER Regarding the Filing of Motions. Signed by Judge Paul W. Grimm on 5/6/2020. (ybs, Deputy Clerk) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
14

NOTICE of Appearance by Amy Marshak on behalf of All Plaintiffs (Marshak, Amy) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
15

(FILED IN ERROR) LETTER ORDER scheduling a telephone conference call on May 18, 2020 at 3:30pm. Signed by Judge Paul W. Grimm on 5/6/2020. (ybs, Deputy Clerk) Modified on 5/6/2020 (ybs, Deputy Clerk). (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
16

LETTER ORDER scheduling a telephone conference on May 8, 2020 at 3:30pm. Signed by Judge Paul W. Grimm on 5/6/2020. (ybs, Deputy Clerk) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
17

Summons Issued 60 days as to Steven T. Mnuchin, United States of America, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons)(ybs, Deputy Clerk) (Entered: 05/06/2020)

1 Summons

View on PACER

2 Summons

View on PACER

May 6, 2020

May 6, 2020

PACER
18

PAPERLESS ORDER granting 9 Motion to Appear Pro Hac Vice on behalf of Leslie M Book. Directing attorney Leslie M Book to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/7/2020. (srds, Deputy Clerk) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
19

CORRECTED MOTION to Appear Pro Hac Vice for Mary B. McCord by B.G., C.V., E.V., H.A.G., H.G.T., I.G., J.G., J.R., M.M., N.R., R.R., R.V.. The fee has already been paid.(Backer, Jonathan) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
20

CORRECTED MOTION to Appear Pro Hac Vice for Robert D. Friedman by B.G., C.V., E.V., H.A.G., H.G.T., I.G., J.G., J.R., M.M., N.R., R.R., R.V.. The fee has already been paid.(Backer, Jonathan) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
21

NOTICE of Appearance by Christopher James Williamson on behalf of All Defendants (Williamson, Christopher) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
22

PAPERLESS ORDER granting 19 Corrected Motion to Appear Pro Hac Vice on behalf of Mary B McCord. Directing attorney Mary B McCord to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 5/8/2020. (srds, Deputy Clerk) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
23

PAPERLESS ORDER granting 20 Corrected Motion to Appear Pro Hac Vice on behalf of Robert Friedman. Directing attorney Robert Friedman to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/8/2020. (srds, Deputy Clerk) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
24

NOTICE by B.G., C.V., E.V., H.A.G., H.G.T., I.G., J.G., J.R., M.M., N.R., R.R., R.V. of Schedule for the Filing of Letter Briefs (Backer, Jonathan) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
25

NOTICE of Appearance by Mary B McCord on behalf of All Plaintiffs (McCord, Mary) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
26

PAPERLESS ORDER APPROVING 24 schedule for filing letters. The United States shall file its letter laying out grounds for dismissal by May 22, 2020. Plaintiffs shall file their responsive letter by May 29, 2020. Each letter will be no more than five pages, single-spaced. If the Court decides any issues raised in the parties respective letters without additional briefing, such decided issues shall be preserved for appeal as if they were raised through a typical Rule 12 motion to dismiss. Signed by Judge Paul W. Grimm on 5/14/2020. (pk3s, Chambers) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
27

NOTICE of Appearance by Leslie Book on behalf of All Plaintiffs (Book, Leslie) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
28

NOTICE of Appearance by Robert D. Friedman on behalf of All Plaintiffs (Friedman, Robert) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
29

NOTICE of Appearance by Jordan A Konig on behalf of All Defendants (Konig, Jordan) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
30

SUMMONS Returned Executed by B.G., J.G., E.V., H.A.G., M.M., J.R., R.V., R.R., H.G.T., C.V., I.G., N.R.. All Defendants. (Attachments: # 1 Affidavit of Jonathan de Jong, # 2 Receipt U.S. Attorney for Md., # 3 Receipt U.S. Attorney General, # 4 Receipt Secretary Mnuchin)(Backer, Jonathan) Modified on 5/18/2020 (ybs, Deputy Clerk). Modified on 5/20/2020 (ybs, Deputy Clerk). (Entered: 05/18/2020)

1 Affidavit of Jonathan de Jong

View on PACER

2 Receipt U.S. Attorney for Md.

View on PACER

3 Receipt U.S. Attorney General

View on PACER

4 Receipt Secretary Mnuchin

View on PACER

May 18, 2020

May 18, 2020

PACER
31

(FILED IN ERROR) QC NOTICE: 30 Summons Returned Executed as to USA, filed by H.G.T., E.V., M.M., R.R., B.G., H.A.G., J.G., N.R., I.G., J.R., C.V., R.V. was filed incorrectly. **Please refile and select the individual served and enter the service date so that the answer due date is automatically populated into the docket text. It has been noted as FILED IN ERROR, and the document link has been disabled. (ybs, Deputy Clerk) Modified on 5/20/2020 (ybs, Deputy Clerk). (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
32

Substantive legal issues - addressing (Williamson, Christopher) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

RECAP
33

Substantive legal issues - addressing (Backer, Jonathan) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

RECAP
34

MEMORANDUM OPINION and ORDER construing as a motion to dismiss and denying 32 Substantive legal issues - addressing filed by United States of America, Steven T. Mnuchin. Signed by Judge Paul W. Grimm on 6/19/2020. (ybs, Deputy Clerk) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

RECAP
35

AMENDED LETTER ORDER rescheduling the telephone conference call to July 17, 2020 at 1:00 p.m. Signed by Judge Paul W. Grimm on 6/19/2020. (ybs, Deputy Clerk) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

RECAP
36

ANSWER to 1 Complaint, by Steven T. Mnuchin, United States of America.(Williamson, Christopher) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

RECAP
37

DISCOVERY ORDER. Signed by Judge Paul W. Grimm on 7/17/2020. (Attachments: # 1 Initial Discovery Protocols)(ybs, Deputy Clerk) (Entered: 07/17/2020)

1 Initial Discovery Protocols

View on PACER

July 17, 2020

July 17, 2020

PACER
38

NOTICE by B.G., C.V., E.V., H.A.G., H.G.T., I.G., J.G., J.R., M.M., N.R., R.R., R.V. (Friedman, Robert) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
39

Request for Pre-Motion Conference (Attachments: # 1 Exhibit A)(Friedman, Robert) (Entered: 08/04/2020)

1 Exhibit A

View on PACER

Aug. 4, 2020

Aug. 4, 2020

PACER
40

PAPERLESS ORDER re 39 Request for Pre-Motion Conference. Defendants are directed to file a letter in response of 3 pages or less, single spaced, excluding any exhibits, by August 14, 2020. I will then hold a telephone conference with the parties, which will be scheduled separately. Signed by Judge Paul W. Grimm on 8/7/2020. (pk3s, Chambers) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER
41

LETTER ORDER scheduling a pre-motion conference call on August 28, 2020 at 3:00 p.m. Signed by Judge Paul W. Grimm on 8/11/2020. (ybs, Deputy Clerk) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
42

RESPONSE re 41 Order, 40 Order, 39 Request for Pre-Motion Conference filed by Steven T. Mnuchin, United States of America. (Attachments: # 1 Ex. A)(Williamson, Christopher) (Entered: 08/14/2020)

1 Ex. A

View on PACER

Aug. 14, 2020

Aug. 14, 2020

PACER
43

Request for Pre-Motion Conference (Friedman, Robert) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
44

Telephone Conference held on 8/28/2020 before Judge Paul W. Grimm.(FTR - Ulander - 4A.) (bus, Deputy Clerk) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
45

PAPERLESS ORDER memorializing today's telephone conference. The parties will consult in light of the comments I made today on the record to try and come to a resolution on a proposed protective order. If the parties cannot agree they should submit their proposals. The parties should submit their proposal or proposals no later than September 11, 2020. Signed by Judge Paul W. Grimm on 8/28/2020. (pk3s, Chambers) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
46

STATUS REPORT Jointly Filed by Steven T. Mnuchin, United States of America (Attachments: # 1 Proposed Protective Order)(Williamson, Christopher) (Entered: 09/11/2020)

1 Proposed Protective Order

View on PACER

Sept. 11, 2020

Sept. 11, 2020

PACER
47

STATUS REPORT (Supplemental Joint Status Report) by United States of America(Konig, Jordan) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
48

Joint Status Report by B.G., C.V., E.V., H.A.G., H.G.T., I.G., J.G., J.R., M.M., N.R., R.R., R.V. (Attachments: # 1 Exhibit Proposed Protective Order)(Friedman, Robert) Modified on 9/16/2020 (ybs, Deputy Clerk). (Entered: 09/15/2020)

1 Exhibit Proposed Protective Order

View on PACER

Sept. 15, 2020

Sept. 15, 2020

PACER
49

PROTECTIVE ORDER. Signed by Judge Paul W. Grimm on 9/18/2020. (ybs, Deputy Clerk) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER
50

Joint MOTION for Entry of Scheduling Order by B.G., C.V., E.V., H.A.G., H.G.T., I.G., J.G., J.R., M.M., N.R., R.R., R.V.(Friedman, Robert) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
51

PAPERLESS ORDER granting ECF 2 . All Plaintiffs are granted for good cause, and as unopposed, leave to proceed by their initials and to omit home addresses and counties from the Complaint. Signed by Judge Paul W. Grimm on 10/15/2020, nunc pro tunc 05/05/2020. (jc6s, Chambers) (Entered: 10/15/2020)

Oct. 15, 2020

Oct. 15, 2020

PACER
52

LETTER ORDER scheduling a telephone status conference call on October 23, 2020 at 1:30 p.m. Signed by Judge Paul W. Grimm on 10/16/2020. (ybs, Deputy Clerk) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER
53

STIPULATION of Dismissal by C.V., E.V.(Friedman, Robert) (Entered: 10/22/2020)

Oct. 22, 2020

Oct. 22, 2020

PACER
54

PAPERLESS ORDER Approving 53 Stipulation of Dismissal as to Plaintiffs C.V. and E.V. The clerks office is directed to remove these plaintiffs from the case. Signed by Judge Paul W. Grimm on 10/23/2020. (jc6s, Chambers) (Entered: 10/23/2020)

Oct. 23, 2020

Oct. 23, 2020

PACER
55

Joint MOTION for Entry of Scheduling Order by B.G., H.A.G., H.G.T., I.G., J.G., J.R., M.M., N.R., R.R., R.V.(Friedman, Robert) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER
56

STIPULATION of Dismissal by J.R., M.M., R.R.(Friedman, Robert) (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER
57

ORDER granting 55 Joint Motion Scheduling Order. Signed by Judge Paul W. Grimm on 12/15/2020. (ybs, Deputy Clerk) (Entered: 12/15/2020)

Dec. 15, 2020

Dec. 15, 2020

PACER
58

ORDER approving 56 Stipulation of Dismissal filed by M.M., R.R., J.R.. Signed by Judge Paul W. Grimm on 12/15/2020. (ybs, Deputy Clerk) (Entered: 12/15/2020)

Dec. 15, 2020

Dec. 15, 2020

RECAP
59

MOTION for Summary Judgment by B.G., H.A.G., H.G.T., I.G., J.G., N.R., R.V. (Attachments: # 1 Affidavit of Robert D. Friedman)(Friedman, Robert) (Entered: 12/17/2020)

1 Affidavit of Robert D. Friedman

View on PACER

Dec. 17, 2020

Dec. 17, 2020

PACER
60

NOTICE of Appearance by Shannon Barrett on behalf of County of Los Angeles (Barrett, Shannon) (Entered: 12/22/2020)

Dec. 22, 2020

Dec. 22, 2020

PACER
61

MOTION to Appear Pro Hac Vice for Margaret L. Carter (Filing fee $100, receipt number 0416-9027387.) by County of Los Angeles(Barrett, Shannon) (Entered: 12/22/2020)

Dec. 22, 2020

Dec. 22, 2020

PACER
62

MOTION to Appear Pro Hac Vice for Daniel R. Suvor (Filing fee $100, receipt number 0416-9027414.) by County of Los Angeles(Barrett, Shannon) (Entered: 12/22/2020)

Dec. 22, 2020

Dec. 22, 2020

PACER
63

PAPERLESS ORDER granting 61 Motion to Appear Pro Hac Vice on behalf of Margaret Carter. Directing attorney Margaret Carter to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 12/23/2020. (srd, Deputy Clerk) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER
64

PAPERLESS ORDER granting 62 Motion to Appear Pro Hac Vice on behalf of Daniel R Suvor. Directing attorney Daniel R Suvor to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 12/23/2020. (srd, Deputy Clerk) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER
65

Amicus Curiae APPEARANCE entered by David McAloon on behalf of CENTER ON BUDGET AND POLICY PRIORITIES(McAloon, David) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER
66

MOTION to Appear Pro Hac Vice for Tobias Loss-Eaton (Filing fee $100, receipt number 0416-9029158.) by CENTER ON BUDGET AND POLICY PRIORITIES(McAloon, David) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER
67

Consent MOTION for Leave to File Amicus Curiae Brief by CENTER ON BUDGET AND POLICY PRIORITIES (Attachments: # 1 Amicus Brief)(McAloon, David) (Entered: 12/23/2020)

1 Amicus Brief

View on PACER

Dec. 23, 2020

Dec. 23, 2020

PACER
68

Local Rule 103.3 Disclosure Statement by CENTER ON BUDGET AND POLICY PRIORITIES identifying Corporate Parent CENTER ON BUDGET AND POLICY PRIORITIES for CENTER ON BUDGET AND POLICY PRIORITIES.(McAloon, David) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER
69

Consent MOTION for Leave to File Proposed Brief of Amici Curiae 39 Local Governments, the International City/County Management Association, the Metropolitan Area Planning Council, and the National League of Cities in Support of Plaintiffs' Motion for Summary Judgment by County of Los Angeles (Attachments: # 1 Proposed Brief of Amici Curiae 39 Local Governments, the International City/County Management Association, the Metropolitan Area Planning Council, and the National League of Cities in Support of Plaintiffs' Motion for Summary Judgment)(Barrett, Shannon) (Entered: 12/23/2020)

1 Proposed Brief of Amici Curiae 39 Local Governments, the International City/Cou

View on PACER

Dec. 23, 2020

Dec. 23, 2020

PACER
70

PAPERLESS ORDER granting 66 Motion to Appear Pro Hac Vice on behalf of Tobias S Loss-Eaton. Directing attorney Tobias S Loss-Eaton to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 12/28/2020. (srd, Deputy Clerk) (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

PACER
71

PAPERLESS ORDER granting 67 Motion for Leave to File; granting 69 Motion for Leave to File. The briefs filed at ECF 67-1 and 69-1 are accepted as filed. Signed by Judge Paul W. Grimm on 12/29/2020. (jc6s, Chambers) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

PACER
72

MOTION for Summary Judgment by Steven T. Mnuchin, United States of America (Attachments: # 1 Williamson Declaration, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Text of Proposed Order)(Williamson, Christopher) (Entered: 01/15/2021)

1 Williamson Declaration

View on PACER

2 Exhibit 1

View on PACER

3 Exhibit 2

View on PACER

4 Exhibit 3

View on PACER

5 Exhibit 4

View on PACER

6 Exhibit 5

View on PACER

7 Exhibit 6

View on PACER

8 Text of Proposed Order

View on PACER

Jan. 15, 2021

Jan. 15, 2021

PACER
73

RESPONSE in Opposition re 72 MOTION for Summary Judgment, 59 MOTION for Summary Judgment in support of the United States' motion for summary judgment and in opposition to plaintiffs' motion for summary judgment filed by Steven T. Mnuchin, United States of America.(Williamson, Christopher) Modified on 2/8/2021 (ybs, Deputy Clerk). (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

PACER
74

REPLY to Response to Motion re 59 MOTION for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment filed by B.G., H.A.G., H.G.T., I.G., J.G., N.R., R.V.. (Attachments: # 1 Exhibit H.G.T. Maryland Certification of Tax Filing)(Friedman, Robert) (Entered: 02/05/2021)

Feb. 5, 2021

Feb. 5, 2021

PACER
75

REPLY to Response to Motion re 72 MOTION for Summary Judgment filed by Steven T. Mnuchin, United States of America.(Williamson, Christopher) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER
76

Request for Conference (Friedman, Robert) (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

PACER
77

PAPERLESS ORDER re 76 Request for Conference, granting request to file surreply. By 3/12/21, the parties shall submit for the Court's approval a joint briefing schedule setting deadlines for filing their surreplies. Unless otherwise ordered by the Court, each surreply shall not exceed ten pages, exclusive of tables and exhibits. Signed by Judge Paul W. Grimm on 3/5/2021. (jc6s, Chambers) (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

PACER
78

NOTICE by B.G., H.A.G., H.G.T., I.G., J.G., N.R., R.V. of Schedule to File Surreplies (Friedman, Robert) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER
79

PAPERLESS ORDER approving 78 Notice (Other) filed by H.G.T., J.G., N.R., I.G., B.G., H.A.G., R.V. The Court will treat ECF No. 76 as Plaintiffs' surreply; Defendants' surreply is due by March 15, 2021. Signed by Judge Paul W. Grimm on 3/8/2021. (jc6s, Chambers) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER
80

RESPONSE re 79 Order, 78 Notice (Other) filed by Steven T. Mnuchin, United States of America.(Williamson, Christopher) (Entered: 03/15/2021)

March 15, 2021

March 15, 2021

PACER
81

NOTICE by County of Los Angeles (Notice of Withdrawal of Counsel - Margaret L. Carter) (Suvor, Daniel) (Entered: 05/14/2021)

May 14, 2021

May 14, 2021

PACER
82

Marginal ORDER approving 81 Notice of Withdrawal of Counsel - Margaret L. Carter. Signed by Judge Paul W. Grimm on 5/14/2021. (ybs, Deputy Clerk) Modified on 10/6/2021 (jf3s, Deputy Clerk). (Entered: 05/14/2021)

May 14, 2021

May 14, 2021

PACER
83

MEMORANDUM OPINION. Signed by Judge Paul W. Grimm on 11/4/2021. (mg3s, Deputy Clerk) (Entered: 11/04/2021)

Nov. 4, 2021

Nov. 4, 2021

RECAP
84

ORDER granting in part and denying in part 59 Motion for Summary Judgment; granting in part and denying in part 72 Motion for Summary Judgment. Signed by Judge Paul W. Grimm on 11/4/2021. (mg3s, Deputy Clerk) (Entered: 11/04/2021)

Nov. 4, 2021

Nov. 4, 2021

RECAP
85

MOTION to Withdraw as Attorney Jonathan Backer by B.G., C.V., E.V., H.A.G., H.G.T., I.G., J.G., J.R., M.M., N.R., R.R., R.V.(McCord, Mary) (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

PACER
86

LETTER ORDER re 85 MOTION to Withdraw as Attorney Jonathan Backer filed by H.G.T., E.V., M.M., R.R., B.G., H.A.G., J.G., N.R., I.G., J.R., C.V., R.V.. Signed by Judge Paul W. Grimm on 11/12/2021. (ybs, Deputy Clerk) (Entered: 11/15/2021)

Nov. 12, 2021

Nov. 12, 2021

PACER
87

NOTICE of Appearance by Mary B McCord on behalf of All Plaintiffs (McCord, Mary) (Entered: 12/02/2021)

Dec. 2, 2021

Dec. 2, 2021

PACER
88

NOTICE of Appearance by Kristen Alexandra Knapp on behalf of CENTER ON BUDGET AND POLICY PRIORITIES (Knapp, Kristen) (Entered: 12/07/2021)

Dec. 7, 2021

Dec. 7, 2021

PACER
89

MOTION to Withdraw as Attorney David W. McAloon by CENTER ON BUDGET AND POLICY PRIORITIES(McAloon, David) (Entered: 12/07/2021)

Dec. 7, 2021

Dec. 7, 2021

PACER
90

ORDER granting 89 Motion to Withdraw as Attorney. Attorney David McAloon terminated. Signed by Judge Paul W. Grimm on 12/7/2021. (ybs, Deputy Clerk) (Entered: 12/08/2021)

Dec. 7, 2021

Dec. 7, 2021

PACER
91

Joint MOTION for Judgment (seeking entry of) by Steven T. Mnuchin, United States of America (Attachments: # 1 Judgment Proposed Judgment)(Williamson, Christopher) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
92

FINAL JUDGMENT in favor of United States of America against B.G., H.A.G., H.G.T., I.G., J.G., N.R., R.V.. Signed by Judge Paul W. Grimm on 3/22/2022. (ybs, Deputy Clerk) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

RECAP

Case Details

State / Territory: Maryland

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: May 5, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Seven children and their parents on behalf of all U.S. citizen children under age 17 who have been or will be denied the benefits of economic impact payments for “qualified children” under the CARES Act solely because the children have a parent who is an undocumented immigrant who has no social security number.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Secretary of the Treasury, Federal

United States of America, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

None yet

Source of Relief:

None yet

None

Issues

General:

Public assistance grants

Discrimination-basis:

Immigration status