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)

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
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counsel for plaintiffs (by ECF)