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).”
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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
2
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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