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Motion for Miscellaneous Relief, State of Ohio v. Yellen, No. 1:21-cv-00181 (S.D. Ohio), Doc. 48 (June 7, 2021)

Summary

Motion to Supplement the Record in State of Ohio v. Yellen, Case No. 1:21-cv-181 (Judge Douglas R. Cole), filed June 7, 2021. Ohio moves to supplement the record with the attached Declaration of Kimberly Murnieks, which it says gives an updated calculation of the funds Ohio expects to receive through the American Rescue Plan Act. The motion states that Ohio expects slightly less in Rescue Plan funding than it initially anticipated ($5.4 billion instead of $5.5 billion). It states that the updated figures do not materially affect the analysis of any issue. Benjamin M. Flowers, Solicitor General, signs for the State of Ohio.

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“Motion for Miscellaneous Relief, State of Ohio v. Yellen, No. 1:21-cv-00181 (S.D. Ohio), Doc. 48 (June 7, 2021).” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/motion-for-miscellaneous-relief-state-of-ohio-v-yellen-no-1-21-cv-0018-41930c91fd/, SHA-256 8b493ec7be43f36d6979d11ef51a6e06b57c1debe30b40ca6b4feaca0e70570e.

Full text

   Case: 1:21-cv-00181-DRC Doc #: 48 Filed: 06/07/21 Page: 1 of 3 PAGEID #: 774




            IN THE UNITED STATES DISTRICT COURT FOR THE
                     SOUTHERN DISTRICT OF OHIO

  STATE OF OHIO,                            :
               Plaintiff,                   :
                                            :       Case No. 1:21-cv-181
  v.
                                            :
  JANET YELLEN, in her official             :       Judge Douglas R. Cole
  capacity as Secretary of the              :
  Treasury; RICHARD K. DELMAR,              :
  in his official capacity as acting        :
  inspector general of the Department       :
  of Treasury; and U.S.                     :
  DEPARTMENT OF THE                         :
  TREASURY,                                 :
               Defendants.                  :



                   MOTION TO SUPPLEMENT THE RECORD


      Ohio respectfully moves to supplement the record with the attached

Declaration of Kimberly Murnieks. See Ex. 1. Ohio submits this declaration because

it provides an updated calculation—in comparison to the calculation within earlier

filings—of the amount of funds Ohio expects to receive through the American Rescue

Plan Act. The declaration also states the Ohio Office of Budget and Management’s

most up-to-date calculation of budget figures from the past few years. The updated

figures do not materially affect the analysis of any issue in this case. Nonetheless,

the declaration shows that Ohio expects to receive slightly less in Rescue Plan

funding than it initially anticipated ($5.4 billion instead of $5.5 billion), and that the

budget can be calculated in a manner that yields a slightly higher number than the

figure available on the Ohio Checkbook website, see Compl., R.1, PageID#8.

                                                1
   Case: 1:21-cv-00181-DRC Doc #: 48 Filed: 06/07/21 Page: 2 of 3 PAGEID #: 775




Therefore, in the interest of full transparency, and in keeping with the duty of candor

to this Court, Ohio moves to supplement the record with the attached declaration.


                                    Respectfully submitted,

                                    DAVE YOST (0056290)
                                    Ohio Attorney General

                                    /s/ Benjamin M. Flowers
                                    BENJAMIN M. FLOWERS* (0095284)
                                    Solicitor General
                                     *Trial Attorney
                                    ZACHERY P. KELLER (0086930)
                                    MAY DAVIS (pro hac vice)
                                    Deputy Solicitors General
                                    30 East Broad Street, 17th Floor
                                    6l4-466-8980
                                    614-466-5087 fax
                                    benjamin.flowers@ohioattorneygeneral.gov

                                    Counsel for the State of Ohio




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   Case: 1:21-cv-00181-DRC Doc #: 48 Filed: 06/07/21 Page: 3 of 3 PAGEID #: 776




                          CERTIFICATE OF SERVICE

      I hereby certify that on June 7, 2021, a copy of the foregoing was filed

electronically. Notice of this filing will be sent to all parties for whom counsel has

entered an appearance by operation of the Court’s electronic filing system.


                                    /s/ Benjamin Flowers
                                    BENJAMIN FLOWERS (0095284)
                                    Solicitor General




                                             3


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