State Of New York et al v. Mnuchin et al

Filing 3

CIVIL COVER SHEET filed. (Olsen, Caroline)

JS 44C/SDNY
REV. 06/01/17

CIVIL COVER SHEET
The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or
other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the
United States in September 1974, is required for use of the Clerk of Court for the purpose of initiating the civil docket sheet.

PLAINTIFFS
State of New York; State of Connecticut; State of Maryland; State of New
Jersey

DEFENDANTS
Steven T. Mnuchin, in his official capacity; United States Department of the
Treasury; David J. Kautter, in his official capacity; United States Internal
Revenue Service; United States of America

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER
See attached addendum.

ATTORNEYS (IF KNOWN)

CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE)
(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

United States Constitution Article I and Tenth and Sixteenth Amendments. Cap on deduction for state and local taxes violates Constitution.
Has this action, case, or proceeding, or one essentially the same been previously filed in SONY at any time? No IZJYes
If yes, was this case Vol.

D

lnvol.

D

Dismissed. No

Is THIS AN INTERNATIONAL ARBITRATION CASE?

No

0

(PLACE AN [x] IN ONE BOX ONLY)

D

Yes
Yes

D

CONTRACT

PERSONAL INJURY
[ ]310 AIRPLANE
[ ] 315 AIRPLANE PRODUCT
LIABILITY
[ ] 320 ASSAULT, LIBEL &
SLANDER
[ ] 330 FEDERAL
EMPLOYERS'
LIABILITY
[ ] 340 MARINE
[ ] 345 MARINE PRODUCT
LIABILITY
[ ] 350 MOTOR VEHICLE
[ ] 355 MOTOR VEHICLE
PRODUCT LIABILITY
[ ] 360 OTHER PERSONAL
INJURY
[ ] 362 PERSONAL INJURY MED MALPRACTICE

110
120
130
140

[ ] 150

[ ] 151
[ ] 152

[ ] 153

[] 160
[] 190
[] 195
[ ] 196

INSURANCE
MARINE
MILLER ACT
NEGOTIABLE
INSTRUMENT
RECOVERY OF
OVERPAYMENT &
ENFORCEMENT
OF JUDGMENT
MEDICARE ACT
RECOVERY OF
DEFAULTED
STUDENT LOANS
(EXCL VETERANS)
RECOVERY OF
OVERPAYMENT
OF VETERAN'S
BENEFITS
STOCKHOLDERS
SUITS
OTHER
CONTRACT
CONTRACT
PRODUCT
LIABILITY
FRANCHISE

[ ] 220
[ ] 230
[ ] 240
[ ] 245
[ ] 290

CIVIL RIGHTS
[ ] 440 OTHER CIVIL RIGHTS
(Non-Prisoner)

REAL PROPERTY
[ ] 210

ACTIONS UNDER STATUTES

LAND
CONDEMNATION
FORECLOSURE
RENT LEASE &
EJECTMENT
TORTS TO LAND
TORT PRODUCT
LIABILITY
ALL OTHER
REAL PROPERTY

[ ] 441 VOTING
[ ] 442 EMPLOYMENT
[ ] 443 HOUSING/
ACCOMMODATIONS
[ ] 445 AMERICANS WITH
DISABILITIES EMPLOYMENT
[ ] 446 AMERICANS WITH
DISABILITIES -OTHER
[ ] 448 EDUCATION

Check if demanded in complaint:

D

CHECK IF THIS IS A CLASS ACTION
UNDER F.R.C.P. 23

Judge Previously Assigned

If yes, give d a t e - - - - - - - - - - & Case N o . - - - - - - - - - -

D

NATURE OF SUIT

TORTS

[]
[]
[]
[]

D

ACTIONS UNDER STATUTES

PERSONAL INJURY
[ ] 367 HEALTHCARE/
PHARMACEUTICAL PERSONAL
INJURY/PRODUCT LIABILITY
[ ] 365 PERSONAL INJURY
PRODUCT LIABILITY
[ ] 368 ASBESTOS PERSONAL
INJURY PRODUCT
LIABILITY
PERSONAL PROPERTY
[ ] 370 OTHER FRAUD

[ J 371 TRUTH IN LENDING

FORFEITURE/PENAL TY

BANKRUPTCY

[ ] 625 DRUG RELATED
SEIZURE OF PROPERTY
21 USC 881

[ ] 422 APPEAL
28 USC 158
[ ] 423 WITHDRAWAL
28 USC 157

[ J 5 9 0 OTHER
PROPERTY RIGHTS
[ ] 820 COPYRIGHTS
[ ] 830 PATENT

[ ] 835 PATENT-ABBREVIATED NEW DRUG APPLICATION
[ ] 840 TRADEMARK
SOCIAL SECURITY

[ J 380 OTHER PERSONAL

PROPERTY DAMAGE
[ ] 385 PROPERTY DAMAGE
PRODUCT LIABILITY

PRISONER PETITIONS
[ ] 463 ALIEN DETAINEE
[ ] 510 MOTIONS TO
VACATE SENTENCE
28 USC 2255
[ ] 530 HABEAS CORPUS
[ ] 535 DEATH PENALTY
[ ] 540 MANDAMUS & OTHER

PRISONER CIVIL RIGHTS

LABOR
[ ] 710 FAIR LABOR
STANDARDS ACT
[ ] 720 LABOR/MGMT
RELATIONS
[ ]740 RAILWAY LABOR ACT
[ ] 751 FAMILY MEDICAL
LEAVE ACT (FMLA)

[
[
[
[
[

] 861
] 862
] 863
] 864
] 865

HIA (139511)
BLACK LUNG (923)
DIWC/DIWW (405(g))
SSID TITLE XVI
RSI (405(g))

FEDERAL TAX SUITS

[ ] 870 TAXES (U.S. Plaintiff or
Defendant)
[ ] 790 OTHER LABOR
LITIGATION
[ ] 871 IRS-THIRD PARTY
[ ] 791 EMPL RET INC
26 USC 7609
SECURITY ACT (ERISA)
IMMIGRATION

[ ] 462 NATURALIZATION
APPLICATION
[ ] 550 CIVIL RIGHTS
[ ] 555 PRISON CONDITION
[ ] 465 OTHER IMMIGRATION
ACTIONS
[ ] 560 CIVIL DETAINEE
CONDITIONS OF CONFINEMENT

OTHER STATUTES
[ ] 375 FALSE CLAIMS
[ ] 376 QUI TAM
[ ] 400 STATE
REAPPORTIONMENT
[ ] 410 ANTITRUST
[ ] 430 BANKS & BANKING
[ ] 450 COMMERCE
[ ] 460 DEPORTATION
[ ] 470 RACKETEER INFLUENCED & CORRUPT
ORGANIZATION ACT
(RICO)
[ ] 480 CONSUMER CREDIT
[ ] 490 CABLE/SATELLITE TV
[ ] 850 SECURITIES/
COMMODITIES/
EXCHANGE
[ ] 890 OTHER STATUTORY
ACTIONS
[ ] 891 AGRICULTURAL ACTS
[ ] 893 ENVIRONMENTAL
MATTERS
[ ] 895 FREEDOM OF
INFORMATION ACT
[] 896ARBITRATION
[] 899ADMINISTRATIVE
PROCEDURE ACT/REVIEW OF
APPEAL OF AGENCY DECISIO

[X] 950 CONSTITUTIONALITY 0
STATE STATUTES

DO YOU CLAIM THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.
AS DEFINED BY LOCAL RULE FOR DIVISION OF BUSINESS 13?
IF SO, STATE:

DEMAND$_ _ _ _ _ OTHER _ _ _ __ JUDGE _ _ _ _ _ _ _ _ _ _ _ DOCKETNUMBER_ _ _ _ __
Check YES only if demanded in complaint

JURY DEMAND:

!RI YES

OJO

NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32

(PLACE AN x IN ONE BOX ONLY)

[B] 1

Original
Proceeding

D 2 Removed from
State Court

D
D

ORIGIN

D 3 Remanded D 4 Reinstated or

a.

all parties represented

b.

Reopened

D

5 Transferred from
(Specify District)

At least one party
is prose.

(PLACE AN x IN ONE BOX ONLY)

0 1 U.S. PLAINTIFF

from
Appellate
Court

[BJ 2

U.S. DEFENDANT

0

3

D6

Multidistrict
Litigation
(Transferred)

D 7 Appeal to District

Judge from
Magistrate Judge

D 8 Multidistrict Litigation (Direct File)
BASIS OF JURISDICTION

FEDERAL QUESTION

04

IF DIVERSITY, IND/CA TE
CITIZENSHIP BELOW

DIVERSITY

(U.S. NOT A PARTY)

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)
(Place an [X] in one box for Plaintiff and one box for Defendant)
CITIZEN OF THIS STATE

PTF
[ ]1

DEF
[ ]1

CITIZEN OF ANOTHER STATE

[ ]2

[ ]2

PTF DEF
[ ]3[ ]3

CITIZEN OR SUBJECT OF A
FOREIGN COUNTRY
INCORPORATED or PRINCIPAL PLACE
OF BUSINESS IN THIS STATE

[ ]4 [ ]4

INCORPORATED and PRINCIPAL PLACE
OF BUSINESS IN ANOTHER STATE
FOREIGN NATION

PTF
[ ]5

DEF
[ ]5

[ ]6

[ ]6

PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)

DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)

DEFENDANT(S) ADDRESS UNKNOWN
REPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN
THE RESIDENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

COURTHOUSE ASSIGNMENT
I hereby certify that this case should be assigned to the courthouse indicated below pursuant to Local Rule for Division of Business 18, 20 or 21.

Check one:

DATE

THIS ACJION SHOULD BE ASSIGNED TO:

7-17-2018

0

SIGNATURE OF ATTORNEY OF RECORD

RECEIPT#

WHITE PLAINS

[R] MAN HATTAN

ADMITTED TO PRACTICE IN THIS DISTRICT
[]NO
[XJ YES (DATE ADMITTED Mo.Nov.
Yr.~)
Attorney Bar Code # C01358

Magistrate Judge is to be designated by the Clerk of the Court.
Magistrate J u d g e - - - - - - - - - - - - - - - - - - - - - - - - - - is so Designated.
Ruby J. Krajick, Clerk of Court by _ _ _ _ _ _ Deputy Clerk, DATED _ _ _ _ _ _ _ __
UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

Civil Cover Sheet Addendum
State of New York, et al., v. Mnuchin, et al.
Attorneys for Plaintiffs:
BARBARA D. UNDERWOOD
Attorney General of the State of New York
Caroline A. Olsen
Assistant Solicitor General
[e-mail]
Steven C. Wu
Deputy Solicitor General
[e-mail]
Justin Wagner
Assistant Attorney General
[e-mail]
Owen T. Conroy
Assistant Attorney General
[e-mail]
Eric Haren
Special Counsel
[e-mail]
New York Office of the Attorney General
28 Liberty Street, 23rd Floor
New York, New York 10005
212-416-6184 (tel.)
212-416-8962 (fax)

GEORGE JEPSEN
Attorney General
Mark F. Kohler*
Assistant Attorney General
[e-mail]
Michael K. Skold*
Assistant Attorney General
[e-mail]
Connecticut Office of the Attorney General
55 Elm Street, P.O. Box 120
Hartford, Connecticut 06141
860-808-5020 (tel.)
860-808-5347 (fax)
Attorneys for State of Connecticut

Attorneys for State of New York
BRIAN E. FROSH
Attorney General
Sarah W. Rice*
Assistant Attorney General
[e-mail]
Maryland Office of the Attorney General
Civil Division
200 St. Paul Place, 20th Floor
Baltimore, Maryland 21202
410-576-7847 (tel.)
410-576-6955 (fax)

GURBIR S. GREWAL
Attorney General
Jeremy M. Feigenbaum*
Assistant Attorney General
[e-mail]
New Jersey Office of the Attorney General
Richard J. Hughes Justice Complex
25 Market Street, 8th Floor, West Wing
Trenton, New Jersey 08625
609-292-4925 (tel.)
609-777-4015 (fax)

Attorneys for State of Maryland

Attorneys for State of New Jersey

*Motion for leave to appear pro hac vice forthcoming.