State Of New York et al v. Mnuchin et al

Filing 38

JOINT LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, and Proposing Briefing Schedule for Dispositive Motions addressed to Judge J. Paul Oetken from AUSA Jean-David Barnea dated 9/6/18. Document filed by David J Kautter, Steven T. Mnuchin, United States Department of Treasury, United States Internal Revenue Service, United States Of America.(Barnea, Jean-David)

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U.S. Department of Justice [Type text] United States Attorney Southern District of New York 86 Chambers Street New York, New York 10007 September 6, 2018 BY ECF The Honorable J. Paul Oetken United States District Judge United States Courthouse 40 Foley Square New York, NY 10007 Re: State of New York, et al. v. Mnuchin et al., No. 18 Civ. 6427 (JPO) Dear Judge Oetken: This Office represents Treasury Secretary Steven Mnuchin, in his official capacity; the U.S. Department of the Treasury; Acting Commissioner of Internal Revenue David J. Kautter, in his official capacity; the Internal Revenue Service; and the United States of America (together, the “Government”), the defendants in the above-referenced action. We write respectfully on behalf of all parties in this case to request a 45-day extension of time for the Government to respond to the complaint filed by plaintiffs the States of New York, Connecticut, Maryland, and New Jersey (together, the “States”), which challenges the constitutionality of certain provisions in the recent federal tax statute, and to propose a briefing schedule for the Government’s anticipated dispositive motion in this action, and the States’ potential cross-motion for summary judgment. The Government seeks this extension in order to prepare its arguments in response to the allegations in the States’ complaint and in order to consult with relevant agencies and personnel. This is the Government’s first request for an extension of time to respond to the complaint. The parties respectfully propose the following briefing schedule: • • • • November 2, 2018 – the Government files its motion December 14, 2018 – the States file their opposition to the Government’s motion, and, if they choose to do so, their cross-motion for summary judgment January 17, 2019 – the Government files its reply in support of its motion, and if applicable, its opposition to the States’ cross-motion February 1, 2019 – the States file their reply in support of their cross-motion, if applicable The parties further agree and respectfully propose to the Court that no discovery should take place until the motions are resolved. Page 2 We thank the Court for its consideration of this request. Respectfully, GEOFFREY S. BERMAN United States Attorney By: __s/Jean-David Barnea____________ JEAN-DAVID BARNEA REBECCA S. TINIO Assistant United States Attorneys Tel. (212) 637-2679/2774 Fax (212) 637-2686 Cc: counsel for plaintiffs (by ECF)

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