Case: Amador v. Mnuchin

1:20-cv-01102 | U.S. District Court for the District of Maryland

Filed Date: April 28, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This case was brought to determine who was eligible to receive emergency financial assistance under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) in the form of refundable tax credits of $1,200 or $2,400 in the case of individuals filing a joint return. The CARES Act, which was passed on March 27, 2020, was designed to alleviate financial hardships caused by the COVID-19 pandemic. The credits were only open to “eligible individual[s],” which did not include “nonresident alien[s].” Eligibility status was determined by the presence of a social security number (SSN) on a recent tax return. In the case of a joint tax return, eligibility was limited to individuals whose spouse also had an SSN. Therefore, the tax credits were not available to otherwise eligible individuals filing a joint tax return if their spouse was undocumented.

The plaintiffs in this case were sixteen individuals with undocumented spouses who were ineligible to receive the CARES Act tax credits. They filed suit in the U.S. District Court for the District of Maryland on April 28, 2020 against the U.S. Department of the Treasury and the U.S. Internal Revenue Service, arguing that the CARES Act was in violation of the Fifth Amendment’s Due Process Clause and the First Amendment’s guarantee of freedom of speech and association. The plaintiffs sought a declaratory judgment that the CARES Act was unconstitutional and unenforceable, as well as an injunction to enjoin defendants from enforcing the CARES Act’s SSN requirement for payments. The plaintiffs also sought a class certification, including all persons who were eligible for tax credits except for the fact that their spouses lacked social security number. The case was assigned to Judge Ellen L. Hollander.

The plaintiffs filed an amended complaint on May 19.

On May 29, 2020, the defendants filed a motion to dismiss, arguing that sovereign immunity, lack of standing, and failure to state a claim justified dismissal. The Federation for American Immigration Reform filed an amicus brief in support. The plaintiffs responded to the defendant's arguments on June 5.

On August 5, 2020, Judge Hollander denied the defendants' motion to dismiss. 2020 WL 4547950.The judge determined that sovereign immunity in the case was waived by defendants through § 702 of the Administrative Procedure Act, which allowed suits against the United States for relief other than money damages. The government had argued that the defendants did not suffer any injuries and therefore did not have standing to sue, the judge determined that deprivation of a CARES Act payment did qualify as an economic injury and discriminatory treatment, both of which were considered sufficient to find that the plaintiffs had standing.

In addition to the issue of standing, the defendants also contended that the plaintiffs failed to state a claim under the Due Process Clause of the Fifth Amendment. The plaintiffs alleged that the CARES Act burdened their fundamental right of marriage and singled them out for disfavored treatment on the basis of marriage. The judge held that plaintiffs adequately alleged that the CARES Act imposed a discriminatory burden on the fundamental right of marriage and that the government lacked a rational basis for discriminating against married taxpayers on the basis of their spouse's immigration status. For these reasons, the judge denied the defendants' motion to dismiss the plaintiffs' cause of action under the Fifth Amendment.

The defendants also argued for dismissal for failure to state a claim under the First and Fifth Amendments. The plaintiffs argued that they were deprived of recovery payments based on their association with their spouses. The court cited precedent from the Supreme Court holding that marriage is a protected form of free association under the First Amendment and therefore denied the defendants' motion to dismiss the First Amendment cause of action.

The case is ongoing.

Summary Authors

Nicholas Gillan (10/8/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17123988/parties/rueda-v-yellen/

Judge(s)

Attorney for Plaintiff

Backer, Jonathan Lev (Maryland)

Book, Leslie (Maryland)

Flores, Andres Holguin (Maryland)

Attorney for Defendant

Expert/Monitor/Master/Other

Barrett, Shannon (Maryland)

Carter, Margaret (Maryland)

Judge(s)

Grimm, Paul William (Maryland)

Hollander, Ellen Lipton (Maryland)

Attorney for Plaintiff

Backer, Jonathan Lev (Maryland)

Book, Leslie (Maryland)

Flores, Andres Holguin (Maryland)

Friedman, Robert D. (Maryland)

Helzer, Belinda Escobosa (California)

Holguin-Flores, Andres (California)

Kumar, Nishant (District of Columbia)

Marshak, Amy (Maryland)

McCord, Mary B (Maryland)

Menendez, Fatima (Texas)

Newman, Robert P. (Maryland)

Perales, Nina (Texas)

Saenz, Thomas A. (California)

Senteno, Andrea E. (District of Columbia)

Serna, Samantha T (Texas)

Attorney for Defendant

Konig, Jordan Andrew (District of Columbia)

Williamson, Christopher James (District of Columbia)

Other

Barrett, Shannon (Maryland)

Carter, Margaret (Maryland)

Hethmon, Michael M. (District of Columbia)

Knapp, Kristen Alexandra (Maryland)

Loss-Eaton, Tobias S. (Maryland)

McAloon, David W. (Maryland)

Suvor, Daniel R (Maryland)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:20-cv-01102 8:20-cv-01148	Civil Docket for Case #: 1:20-cv-01102-ELH	Nov. 24, 2020	Nov. 24, 2020 Docket
1 1:20-cv-01102	Class Action Complaint for Declaratory and Injunctive Relief	April 28, 2020	April 28, 2020 Complaint
31 1:20-cv-01102	First Amended Class Action Complaint for Declaratory and Injunctive Relief	May 19, 2020	May 19, 2020 Complaint
36 1:20-cv-01102	[Plaintiffs' Response re 32]	June 5, 2020	June 5, 2020 Pleading / Motion / Brief
43 1:20-cv-01102	Memorandum Opinion	Aug. 5, 2020	Aug. 5, 2020 Order/Opinion 476 F.Supp.3d 125

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17123988/rueda-v-yellen/

Last updated April 18, 2026, 4:53 a.m.

ECF Number	Date	Description	Link
1	April 28, 2020	COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0416-8631053.), filed by Bradley Harmon, Christina Segundo-Hernandez, Juana Rueda, Jonah Elijah Macias, Ivania Amador, Angel Burgos Jimenez. (Attachments: # 1 Civil Cover Sheet Cover Sheeet, # 2 Summons Summons - Mnuchin, # 3 Summons Summons - Rettig, # 4 Summons Summons - Treasury, # 5 Summons Summons - IRS)(Newman, Robert) (Entered: 04/28/2020) 1 Civil Cover Sheet Cover Sheeet View on PACER 2 Summons Summons - Mnuchin View on PACER 3 Summons Summons - Rettig View on PACER 4 Summons Summons - Treasury View on PACER 5 Summons Summons - IRS View on PACER	RECAP
2	April 29, 2020	QC NOTICE: 1 Complaint, filed by Jonah Elijah Macias, Angel Burgos Jimenez, Ivania Amador, Bradley Harmon, Juana Rueda, Christina Segundo-Hernandez was filed incorrectly. **The following attachments or exhibits are missing - Summons. Summons were provided for only the named Defendants. If the defendant is either an agency of the United States or an officer or employee of the United States, you must serve both the U.S. Attorney General and the U.S. Attorney for the District of Maryland, as well as each defendant. Please electronically submit a summons for each required party, using the Civil event "Supplemental" located under "Other Filings", and then "Other Documents". (dg3s, Deputy Clerk) (Entered: 04/29/2020)	RECAP
3	April 29, 2020	Summons Issued 60 days as to Steven Mnuchin, Charles P. Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service(dg3s, Deputy Clerk) (Entered: 04/29/2020)	RECAP
4	April 29, 2020	Supplemental to Case Assigned/Reassigned, 1 Complaint, filed by Ivania Amador, Angel Burgos Jimenez, Bradley Harmon, Jonah Elijah Macias, Juana Rueda, Christina Segundo-Hernandez (Attachments: # 1 Summons Summons - AG Barr, # 2 Summons Summons - MD SA Hur, # 3 Civil Cover Sheet Cover Sheet)(Newman, Robert) (Entered: 04/29/2020)	RECAP
	April 29, 2020	Case Reassigned to Judge Ellen L. Hollander. Judge Theodore D. Chuang no longer assigned to the case. (kns, Deputy Clerk)
5	April 30, 2020	Summons Issued 60 days as to U.S. Attorney and U.S. Attorney General.(bmhs, Deputy Clerk) (Entered: 04/30/2020)	RECAP
6	May 4, 2020	SUMMONS Returned Executed by Bradley Harmon, Christina Segundo-Hernandez, Juana Rueda, Jonah Elijah Macias, Ivania Amador, Angel Burgos Jimenez. Steven Mnuchin served on 5/1/2020, answer due 5/22/2020.(Newman, Robert) (Entered: 05/04/2020)	RECAP
7	May 4, 2020	SUMMONS Returned Executed by Bradley Harmon, Christina Segundo-Hernandez, Juana Rueda, Jonah Elijah Macias, Ivania Amador, Angel Burgos Jimenez. Charles P. Rettig served on 5/1/2020, answer due 5/22/2020.(Newman, Robert) (Entered: 05/04/2020)	RECAP
8	May 4, 2020	SUMMONS Returned Executed by Bradley Harmon, Christina Segundo-Hernandez, Juana Rueda, Jonah Elijah Macias, Ivania Amador, Angel Burgos Jimenez. U.S. Internal Revenue Service served on 5/1/2020, answer due 6/30/2020.(Newman, Robert) (Entered: 05/04/2020)	RECAP
9	May 4, 2020	SUMMONS Returned Executed by Bradley Harmon, Christina Segundo-Hernandez, Juana Rueda, Jonah Elijah Macias, Ivania Amador, Angel Burgos Jimenez. U.S. Department of the Treasury served on 5/1/2020, answer due 6/30/2020.(Newman, Robert) (Entered: 05/04/2020)	RECAP
10	May 4, 2020	SUMMONS Returned Executed by Bradley Harmon, Christina Segundo-Hernandez, Juana Rueda, Jonah Elijah Macias, Ivania Amador, Angel Burgos Jimenez. All Defendants.(Newman, Robert) (Entered: 05/04/2020)	RECAP
11	May 4, 2020	SUMMONS Returned Executed by Bradley Harmon, Christina Segundo-Hernandez, Juana Rueda, Jonah Elijah Macias, Ivania Amador, Angel Burgos Jimenez. All Defendants.(Newman, Robert) Modified on 5/5/2020 (bmhs, Deputy Clerk). Modified on 5/5/2020 (bmhs, Deputy Clerk). (Entered: 05/04/2020)	RECAP
12	May 5, 2020	(FILED IN ERROR) QC NOTICE: 11 Summons Returned Executed as to USA filed by Jonah Elijah Macias, Angel Burgos Jimenez, Ivania Amador, Bradley Harmon, Juana Rueda, Christina Segundo-Hernandez was filed incorrectly. **Incorrect event was selected. Please refile the return for the U.S. Attorney using the event under Service of Process - Summons Returned Executed as to USA. It has been noted as FILED IN ERROR, and the document link has been disabled. (bmhs, Deputy Clerk) Modified on 5/5/2020 (bmhs, Deputy Clerk). (Entered: 05/05/2020)	RECAP
13	May 5, 2020	NOTICE of Appearance by Christopher James Williamson on behalf of All Defendants (Williamson, Christopher) (Entered: 05/05/2020)	RECAP
14	May 5, 2020	SUMMONS Returned Executed by Ivania Amador. Robert K. Hur served on 5/1/2020, answer due 6/30/2020.Associated Cases: 1:20-cv-01102-ELH, 8:20-cv-01148-PWG(Newman, Robert) (Entered: 05/05/2020)	RECAP
15	May 5, 2020	SUMMONS Returned Executed by Ivania Amador. William P. Barr served on 5/1/2020, answer due 6/30/2020.Associated Cases: 1:20-cv-01102-ELH, 8:20-cv-01148-PWG(Newman, Robert) (Entered: 05/05/2020)	RECAP
16	May 11, 2020	ORDER scheduling a telephone conference to discuss the appropriate schedule in this case. Signed by Judge Ellen L. Hollander on 5/11/2020. (bmhs, Deputy Clerk) (Entered: 05/11/2020)	RECAP
17	May 11, 2020	NOTICE of Appearance by Jordan A Konig on behalf of Steven Mnuchin, Charles P. Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service (Konig, Jordan) (Entered: 05/11/2020)	RECAP
18	May 11, 2020	MOTION to Appear Pro Hac Vice for Nina Perales (Filing fee $100, receipt number 0416-8646719.) by Ivania Amador, Angel Burgos Jimenez, Bradley Harmon, Jonah Elijah Macias, Juana Rueda, Christina Segundo-Hernandez(Newman, Robert) (Entered: 05/11/2020)	RECAP
19	May 11, 2020	MOTION to Appear Pro Hac Vice for Belinda Escobosa Helzer (Filing fee $100, receipt number 0416-8646737.) by Ivania Amador, Angel Burgos Jimenez, Bradley Harmon, Jonah Elijah Macias, Juana Rueda, Christina Segundo-Hernandez(Newman, Robert) (Entered: 05/11/2020)	RECAP
20	May 11, 2020	MOTION to Appear Pro Hac Vice for Andres Holguin-Flores (Filing fee $100, receipt number 0416-8646745.) by Ivania Amador, Angel Burgos Jimenez, Bradley Harmon, Jonah Elijah Macias, Juana Rueda, Christina Segundo-Hernandez(Newman, Robert) (Entered: 05/11/2020)	RECAP
21	May 11, 2020	MOTION to Appear Pro Hac Vice for Andrea E. Senteno (Filing fee $100, receipt number 0416-8646763.) by Ivania Amador, Angel Burgos Jimenez, Bradley Harmon, Jonah Elijah Macias, Juana Rueda, Christina Segundo-Hernandez(Newman, Robert) (Entered: 05/11/2020)	RECAP
22	May 11, 2020	MOTION to Appear Pro Hac Vice for Samantha T. Serna (Filing fee $100, receipt number 0416-8646768.) by Ivania Amador, Angel Burgos Jimenez, Bradley Harmon, Jonah Elijah Macias, Juana Rueda, Christina Segundo-Hernandez(Newman, Robert) (Entered: 05/11/2020)	RECAP
23	May 11, 2020	MOTION to Appear Pro Hac Vice for Fatima Menendez (Filing fee $100, receipt number 0416-8646773.) by Ivania Amador, Angel Burgos Jimenez, Bradley Harmon, Jonah Elijah Macias, Juana Rueda, Christina Segundo-Hernandez(Newman, Robert) (Entered: 05/11/2020)	RECAP
24	May 12, 2020	PAPERLESS ORDER granting 18 Motion to Appear Pro Hac Vice on behalf of Nina Perales. Directing attorney Nina Perales 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 5/12/2020. (srds, Deputy Clerk) (Entered: 05/12/2020)	RECAP
25	May 12, 2020	PAPERLESS ORDER granting 19 Motion to Appear Pro Hac Vice on behalf of Belinda Escobosa Helzer. Directing attorney Belinda Escobosa Helzer to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/12/2020. (srds, Deputy Clerk) (Entered: 05/12/2020)	RECAP
26	May 12, 2020	PAPERLESS ORDER granting 20 Motion to Appear Pro Hac Vice on behalf of Andres Holguin-Flores. Directing attorney Andres Holguin-Flores to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/12/2020. (srds, Deputy Clerk) (Entered: 05/12/2020)	RECAP
27	May 12, 2020	PAPERLESS ORDER granting 21 Motion to Appear Pro Hac Vice on behalf of Andrea E Senteno. Directing attorney Andrea E Senteno to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/12/2020. (srds, Deputy Clerk) (Entered: 05/12/2020)	RECAP
28	May 12, 2020	PAPERLESS ORDER granting 22 Motion to Appear Pro Hac Vice on behalf of Samantha T Serna. Directing attorney Samantha T Serna to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/12/2020. (srds, Deputy Clerk) (Entered: 05/12/2020)	RECAP
29	May 12, 2020	PAPERLESS ORDER granting 23 Motion to Appear Pro Hac Vice on behalf of Fatima Menendez. Directing attorney Fatima Menendez to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/12/2020. (srds, Deputy Clerk) (Entered: 05/12/2020)	RECAP
30	May 15, 2020	ORDER confirming the substance of discussions during the telephone conference held on 5/15/20. Signed by Judge Ellen L. Hollander on 5/15/2020. (bmhs, Deputy Clerk) (Entered: 05/15/2020)	RECAP
	May 15, 2020	Telephone Status Conference held on 5/15/2020 before Judge Ellen L. Hollander. (bmhs, Deputy Clerk)
31	May 19, 2020	AMENDED COMPLAINT against Steven Mnuchin, Charles P. Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service, filed by Bradley Harmon, Christina Segundo-Hernandez, Juana Rueda, Jonah Elijah Macias, Ivania Amador, Angel Burgos Jimenez. (Attachments: # 1 Exhibit Legal Blackline of Amended Complaint)(Perales, Nina) Modified on 5/20/2020 (bmhs, Deputy Clerk). (Entered: 05/19/2020) 1 Exhibit Legal Blackline of Amended Complaint View on PACER	RECAP
32	May 29, 2020	Substantive legal issues - addressing (Williamson, Christopher) (Entered: 05/29/2020)	RECAP
33	June 2, 2020	NOTICE of Appearance by Michael Meriwether Hethmon on behalf of Federation for American Immigration Reform (Hethmon, Michael) (Entered: 06/02/2020)	RECAP
34	June 2, 2020	MOTION for Leave to File Amicus Curiae Brief by Federation for American Immigration Reform (Attachments: # 1 Exhibit Proposed Amicus Letter Brief)(Hethmon, Michael) (Entered: 06/02/2020)	RECAP
35	June 3, 2020	Supplemental to 34 MOTION for Leave to File Amicus Curiae Brief filed by Federation for American Immigration Reform (Exhibit 2 Proposed Order) (Hethmon, Michael) (Entered: 06/03/2020)	RECAP
36	June 5, 2020	RESPONSE re 32 Substantive legal issues - addressing filed by Ivania Amador, Angel Burgos Jimenez, Kristen Cendajes, Billy Croan, Bradley Harmon, Kelly Hernandez, Yanet Jove-Aguilar, Jonah Elijah Macias, Mary Ramirez, William Ramos, Juana Rueda, Kevin Sanchez, Christina Segundo-Hernandez, Zachary Shanks, Erica Vaca, Harlon Wilson.(Perales, Nina) (Entered: 06/05/2020)	RECAP
37	June 8, 2020	ORDER granting 34 Motion for Leave to File Amicus Curiae Letter Brief in Support of Defendants and Dismissal of Amended Complaint. Signed by Judge Ellen L. Hollander. (bmhs, Deputy Clerk) (Entered: 06/08/2020)	RECAP
38	June 8, 2020	Amicus Curiae Letter Brief in Support of Defendants and Dismissal of Amended Complaint by Federation for American Immigration Reform. (bmhs, Deputy Clerk) (Entered: 06/08/2020)	RECAP
39	June 9, 2020	NOTICE of Appearance by Nishant Kumar on behalf of All Defendants (Kumar, Nishant) (Entered: 06/09/2020)	RECAP
40	June 10, 2020	NOTICE by Steven Mnuchin, Charles Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service re: amicus brief by Federation for American Immigration Reform (Kumar, Nishant) (Entered: 06/10/2020)	RECAP
41	June 12, 2020	Substantive legal issues - addressing (Williamson, Christopher) (Entered: 06/12/2020)	RECAP
42	July 23, 2020	RESPONSE re 38 Notice (Other) filed by Ivania Amador, Angel Burgos Jimenez, Kristen Cendajes, Billy Croan, Bradley Harmon, Kelly Hernandez, Yanet Jove-Aguilar, Jonah Elijah Macias, Mary Ramirez, William Ramos, Juana Rueda, Kevin Sanchez, Christina Segundo-Hernandez, Zachary Shanks, Erica Vaca, Harlon Wilson.(Perales, Nina) (Entered: 07/23/2020)	RECAP
43	Aug. 5, 2020	MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 8/5/2020. (bmhs, Deputy Clerk) (Entered: 08/06/2020)	RECAP
44	Aug. 5, 2020	Order denying 32 Defendants' Motion to Dismiss. Signed by Judge Ellen L. Hollander on 8/5/2020. (bmhs, Deputy Clerk) (Entered: 08/06/2020)	RECAP
45	Aug. 20, 2020	ANSWER to 31 Amended Complaint, by Steven Mnuchin, Charles Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service.(Williamson, Christopher) (Entered: 08/20/2020)	RECAP
46	Aug. 31, 2020	ORDER setting a conference call to discuss the appropriate schedule in the case. Signed by Judge Ellen L. Hollander on 8/31/2020. (bmhs, Deputy Clerk) (Entered: 09/01/2020)	RECAP
47	Sept. 14, 2020	REPORT of Rule 26(f) Planning Meeting(Perales, Nina) (Entered: 09/14/2020)	RECAP
	Sept. 16, 2020	Telephone Status Conference held on 9/16/2020 before Judge Ellen L. Hollander. (bmhs, Deputy Clerk)
48	Sept. 17, 2020	SCHEDULING ORDER. Signed by Judge Ellen L. Hollander on 9/17/2020. (bmhs, Deputy Clerk) (Entered: 09/17/2020)	RECAP
50	Oct. 1, 2020	MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 8/5/2020. (bmhs, Deputy Clerk) (Entered: 10/01/2020)	RECAP
49	Oct. 1, 2020	MEMORANDUM to Counsel. Signed by Judge Ellen L. Hollander on 10/1/2020. (bmhs, Deputy Clerk) (Entered: 10/01/2020)	RECAP
51	Nov. 23, 2020	Joint MOTION to Amend/Correct 48 Scheduling Order by Steven Mnuchin, Charles Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service (Attachments: # 1 Text of Proposed Order)(Williamson, Christopher) (Entered: 11/23/2020)	RECAP
52	Nov. 24, 2020	AMENDED SCHEDULE. Signed by Judge Ellen L. Hollander on 11/23/2020. (hmls, Deputy Clerk) (Entered: 11/24/2020)	RECAP
53	Dec. 23, 2020	Joint MOTION to Amend/Correct 52 Order on Motion to Amend/Correct the Scheduling Order by Steven Mnuchin, Charles Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service (Attachments: # 1 Text of Proposed Order)(Williamson, Christopher) (Entered: 12/23/2020)	RECAP
54	Dec. 23, 2020	ORDER re: Amended Schedule. Signed by Judge Ellen L. Hollander on 12/23/2020. (bmhs, Deputy Clerk) (Entered: 12/23/2020)	RECAP
55	Jan. 25, 2021	Joint MOTION to Amend/Correct Scheduling Order by Ivania Amador, Angel Burgos Jimenez, Kristen Cendajes, Billy Croan, Bradley Harmon, Kelly Hernandez, Yanet Jove-Aguilar, Jonah Elijah Macias, Mary Ramirez, William Ramos, Juana Rueda, Kevin Sanchez, Christina Segundo-Hernandez, Zachary Shanks, Erica Vaca, Harlon Wilson (Attachments: # 1 Text of Proposed Order)(Perales, Nina) (Entered: 01/25/2021)	RECAP
56	Jan. 26, 2021	ORDER granting 55 Joint Motion to Amend the Schedule. Signed by Judge Ellen L. Hollander on 1/26/2021. (bmhs, Deputy Clerk) (Entered: 01/26/2021)	RECAP
57	Feb. 10, 2021	RETURN DOCUMENT ORDER. Signed by Judge Ellen L. Hollander on 2/10/2021. (Attachments: # 1 First Page of Returned Document)(krs, Deputy Clerk) (Entered: 02/10/2021)	RECAP
58	Feb. 24, 2021	RETURN DOCUMENT ORDER. Signed by Judge Ellen L. Hollander on 2/24/2021. (Attachments: # 1 First Page of Returned Document)(c/m 2/24/21) (bmhs, Deputy Clerk) (Entered: 02/24/2021)	RECAP
59	March 2, 2021	MOTION for Leave to File to Amend Complaint and for a Stay of the Scheduling Order by Ivania Amador, Angel Burgos Jimenez, Kristen Cendajes, Billy Croan, Bradley Harmon, Kelly Hernandez, Yanet Jove-Aguilar, Jonah Elijah Macias, Mary Ramirez, William Ramos, Juana Rueda, Kevin Sanchez, Christina Segundo-Hernandez, Zachary Shanks, Erica Vaca, Harlon Wilson (Attachments: # 1 Text of Proposed Order)(Perales, Nina) (Entered: 03/02/2021)	RECAP
60	March 2, 2021	ORDER granting 59 Plaintiffs' Unopposed Motion for Leave to Amend Complaint and for Stay of the Scheduling Order. Signed by Judge Ellen L. Hollander on 3/2/2021. (bmhs, Deputy Clerk) (Entered: 03/02/2021)	RECAP
61	March 3, 2021	RETURN DOCUMENT ORDER. Signed by Judge Ellen L. Hollander on 3/3/2021. (Attachments: # 1 First Page of Returned Document)(c/m 3/3/21) (bmhs, Deputy Clerk) (Entered: 03/03/2021)	RECAP
62	April 1, 2021	(FILED IN ERROR) AMENDED COMPLAINT against All Defendants, filed by Juana Rueda.(Perales, Nina) Modified on 4/1/2021 (bmhs, Deputy Clerk). (Entered: 04/01/2021)	RECAP
63	April 1, 2021	QC NOTICE: 62 Amended Complaint filed by Juana Rueda needs to be corrected. It has been noted as FILED IN ERROR, and the document link has been disabled. The following corrective actions are needed regarding missing or incomplete information: **Redline copy has not been filed. Please re-file the clean version of the amended complaint as the main document and the redline version as an attachment to the amended complaint. (bmhs, Deputy Clerk) (Entered: 04/01/2021)	RECAP
64	April 1, 2021	(FILED IN ERROR) AMENDED COMPLAINT against All Defendants, filed by Juana Rueda. (Attachments: # 1 Attachment Legal Blackline)(Perales, Nina) Modified on 4/1/2021 (bmhs, Deputy Clerk). (Entered: 04/01/2021)	RECAP
65	April 1, 2021	QC NOTICE: 64 Amended Complaint filed by Juana Rueda needs to be corrected. It has been noted as FILED IN ERROR, and the document link has been disabled. The following corrective actions are needed regarding missing or incomplete information: **Incorrect copy of Redline PDF attached. Please re-file the clean version of the amended complaint as the main document and the redline version that relates to this amended complaint as an attachment to the amended complaint. (bmhs, Deputy Clerk) (Entered: 04/01/2021)	RECAP
66	April 1, 2021	AMENDED COMPLAINT against All Defendants, filed by Juana Rueda. (Attachments: # 1 Attachment Legal Blackline)(Perales, Nina) (Entered: 04/01/2021)	RECAP
67	April 1, 2021	MOTION to Appear Pro Hac Vice for Thomas A. Saenz (Filing fee $100, receipt number 0416-9197455.) by Ivania Amador(Newman, Robert) (Entered: 04/01/2021)	RECAP
68	April 1, 2021	NOTICE of Voluntary Dismissal by Juana Rueda (Perales, Nina) (Entered: 04/01/2021)	RECAP
69	April 2, 2021	MARGINAL ORDER approving 68 Notice of Voluntary Dismissal. Signed by Judge Ellen L. Hollander on 4/2/2021. (bmhs, Deputy Clerk) (Entered: 04/02/2021)	RECAP
70	April 2, 2021	PAPERLESS ORDER granting 67 Directing attorney to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/2/2021. (mh4, Deputy Clerk) (Entered: 04/02/2021)	RECAP
71	April 20, 2021	MOTION for Extension of Time to File Answer by Charles Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service, Janet Yellen (Attachments: # 1 Text of Proposed Order)(Konig, Jordan) (Entered: 04/20/2021)	RECAP
72	April 20, 2021	ORDER granting 71 Defendants' Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 4/20/2021. (bmhs, Deputy Clerk) (Entered: 04/21/2021)	RECAP
73	May 12, 2021	MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by Charles Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service, Janet Yellen (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Konig, Jordan) (Entered: 05/12/2021)	RECAP
74	June 2, 2021	RESPONSE to Motion re 73 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Juana Rueda.(Perales, Nina) (Entered: 06/02/2021)	RECAP
75	June 16, 2021	REPLY to Response to Motion re 73 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Charles Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service, Janet Yellen.(Konig, Jordan) (Entered: 06/16/2021)	RECAP
78	Oct. 26, 2021	MOTION to Withdraw as Attorney Belinda A. Escobosa by Juana Rueda (Attachments: # 1 Text of Proposed Order)(Perales, Nina) (Entered: 10/26/2021)	RECAP
79	Oct. 26, 2021	ORDER granting 78 Motion to Withdraw as Attorney. Attorney Belinda Escobosa Helzer terminated. Signed by Judge Ellen L. Hollander on 10/26/2021. (bmhs, Deputy Clerk) (Entered: 10/26/2021)	RECAP
80	Feb. 4, 2022	ORDER asking Counsel to inform the Court of any decisions in comparable cases of which you are aware. Signed by Judge Ellen L. Hollander on 2/4/2022. (bmhs, Deputy Clerk) (Entered: 02/04/2022)	RECAP
81	Feb. 10, 2022	RESPONSE re 80 Order filed by Charles Rettig, U.S. Department of the Treasury, U.S. Internal Revenue Service, Janet Yellen.(Williamson, Christopher) (Entered: 02/10/2022)	RECAP
82	Feb. 10, 2022	RESPONSE re 80 Order filed by Juana Rueda.(Perales, Nina) (Entered: 02/10/2022)	RECAP
83	March 7, 2022	MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 3/7/2022. (bmhs, Deputy Clerk)	RECAP
84	March 7, 2022	ORDER granting 73 the Government's Motion to Dismiss; and directing the Clerk to close the case. Signed by Judge Ellen L. Hollander on 3/7/2022. (bmhs, Deputy Clerk) (Entered: 03/08/2022)	RECAP

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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: April 28, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Sixteen United States citizens whose spouses lack legal status. The proposed class is: "All persons who are otherwise qualified for and would have received recovery payments but for the fact that they are excluded by 26 U.S.C. § 6428 (g)(1)(B) because their spouses lack social security numbers."

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

MALDEF

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Federal

U.S. Department of the Treasury

U.S. Internal Revenue Service