Scholl et al v. Mnuchin et al

Filing 90

Order by Judge Phyllis J. Hamilton denying 78 Motion to Stay and granting Motion for Reconsideration.(pjhlc1S, COURT STAFF) (Filed on 10/16/2020)

Download PDF
Case 4:20-cv-05309-PJH Document 90 Filed 10/16/20 Page 1 of 2 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 COLIN SCHOLL, et al., 9 10 United States District Court Northern District of California 11 Case No. 20-cv-05309-PJH Plaintiffs, 8 v. STEVEN MNUCHIN, et al., Defendants. ORDER DENYING MOTION FOR STAY AND GRANTING MOTION FOR RECONSIDERATION Re: Dkt. No. 78 12 13 14 Defendants’ motion for stay pending appeal came on for hearing before this court 15 on October 15, 2020. Plaintiffs appeared through their counsel, Kelly Dermody, Yaman 16 Salahi, Christina Alvernaz, Mona Tawatao, and Jallé Dafa. Defendants appeared 17 through their counsel, Landon Yost. Having read the papers filed by the parties and 18 carefully considered their arguments and the relevant legal authority, and good cause 19 appearing, the court hereby rules as follows, for the reasons stated at the hearing, and 20 the following reasons. 21 On October 7, 2020, this court issued an order that, in relevant part, ordered 22 defendants to mail notice to class members no later than October 15, 2020. Dkt. 69 at 5– 23 6. On October 9, 2020, defendants filed the present motion for stay of the court’s 24 October 7th order. Dkt. 78. As stated at the hearing, the court DENIES the motion to 25 stay and instead construes defendants’ motion as a motion for reconsideration of the 26 deadlines set in the court’s October 7th order and GRANTS defendants’ motion. 27 28 As agreed at the hearing, defendants shall immediately compile packets containing legal notice, IRS Forms 1040, and instructions for completing and mailing the Case 4:20-cv-05309-PJH Document 90 Filed 10/16/20 Page 2 of 2 1 Form 1040 to class members by October 27, 2020 but in no event later than October 28, 2 2020 and shall use best efforts to effectuate notice prior to this deadline, by for example, 3 mailing packets on a rolling basis rather than at one time. Defendants shall include a 4 cover letter in each mailing to individual correctional facilities notifying officials of the 5 purpose, contents, and timing of the mailed packets they will be receiving and urging 6 them to distribute the contents of the packets to all incarcerated individuals as soon as 7 they arrive. Using their existing electronic channels of communication, defendants shall 8 also transmit instructions to correctional facilities informing officials of the incoming 9 packets, the contents and purpose of the packets, and the need to distribute the materials in the packets in an expeditious manner. The parties may meet and confer on 11 United States District Court Northern District of California 10 the language for these separate cover letters. 12 As further stated at the hearing, the court ORDERS defendants to extend the 13 deadline for class members to postmark any simplified paper tax returns to no later than 14 November 4, 2020. The court understands that the parties will update the legal notice 15 (Dkt. 86-4) and instructions on completing Form 1040 (Dkt. 86-2) to reflect the deadline 16 extension of November 4, 2020. Finally, the court will hold a status conference to be 17 convened on a date immediately following mailing of the packets. The parties should 18 contact the court’s courtroom deputy to propose dates and times for such status 19 conference. 20 21 22 23 IT IS SO ORDERED. Dated: October 16, 2020 /s/ Phyllis J. Hamilton PHYLLIS J. HAMILTON United States District Judge 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?