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)

Case 4:20-cv-05309-PJH Document 90 Filed 10/16/20 Page 1 of 2

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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COLIN SCHOLL, et al.,

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United States District Court
Northern District of California

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Case No. 20-cv-05309-PJH

Plaintiffs,

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v.

STEVEN MNUCHIN, et al.,
Defendants.

ORDER DENYING MOTION FOR
STAY AND GRANTING MOTION FOR
RECONSIDERATION
Re: Dkt. No. 78

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Defendants’ motion for stay pending appeal came on for hearing before this court

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on October 15, 2020. Plaintiffs appeared through their counsel, Kelly Dermody, Yaman

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Salahi, Christina Alvernaz, Mona Tawatao, and Jallé Dafa. Defendants appeared

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through their counsel, Landon Yost. Having read the papers filed by the parties and

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carefully considered their arguments and the relevant legal authority, and good cause

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appearing, the court hereby rules as follows, for the reasons stated at the hearing, and

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the following reasons.

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On October 7, 2020, this court issued an order that, in relevant part, ordered

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defendants to mail notice to class members no later than October 15, 2020. Dkt. 69 at 5–

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6. On October 9, 2020, defendants filed the present motion for stay of the court’s

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October 7th order. Dkt. 78. As stated at the hearing, the court DENIES the motion to

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stay and instead construes defendants’ motion as a motion for reconsideration of the

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deadlines set in the court’s October 7th order and GRANTS defendants’ motion.

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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

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Form 1040 to class members by October 27, 2020 but in no event later than October 28,

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2020 and shall use best efforts to effectuate notice prior to this deadline, by for example,

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mailing packets on a rolling basis rather than at one time. Defendants shall include a

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cover letter in each mailing to individual correctional facilities notifying officials of the

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purpose, contents, and timing of the mailed packets they will be receiving and urging

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them to distribute the contents of the packets to all incarcerated individuals as soon as

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they arrive. Using their existing electronic channels of communication, defendants shall

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also transmit instructions to correctional facilities informing officials of the incoming

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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

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United States District Court
Northern District of California

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the language for these separate cover letters.

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As further stated at the hearing, the court ORDERS defendants to extend the

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deadline for class members to postmark any simplified paper tax returns to no later than

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November 4, 2020. The court understands that the parties will update the legal notice

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(Dkt. 86-4) and instructions on completing Form 1040 (Dkt. 86-2) to reflect the deadline

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extension of November 4, 2020. Finally, the court will hold a status conference to be

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convened on a date immediately following mailing of the packets. The parties should

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contact the court’s courtroom deputy to propose dates and times for such status

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conference.

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IT IS SO ORDERED.
Dated: October 16, 2020
/s/ Phyllis J. Hamilton
PHYLLIS J. HAMILTON
United States District Judge

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