SAVE JOBS USA v. U.S. DEPARTMENT OF HOMELAND SECURITY Featured Case

Plaintiff Save Jobs USA challenged a regulation promulgated by Defendant U.S. Dept. of Homeland Security that granted work authorization to certain H-1B dependent spouses who possess H-4 visas. Plaintiff contended that the H-4 Rule exceeded DHS authority and contradicted provisions of the Immigration and Nationality Act. Save Jobs USA is a group of computer workers who were formerly employed at Southern California Edison until they were replaced by foreign workers.

Plaintiff: SAVE JOBS USA
Defendant: U.S. DEPARTMENT OF HOMELAND SECURITY
Case Number: 1:2015cv00615
Filed: April 23, 2015
Court: U.S. District Court for the District of Columbia
Office: Washington, DC Office
County: 11001
Presiding Judge: Tanya S Chutkan
Nature of Suit: Administrative Procedure Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. § 551
Jury Demanded By: None
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Docket Report

This docket was last retrieved on March 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 3, 2016 Opinion or Order USCA Case Number 16-5287 for #38 Notice of Appeal to DC Circuit Court, filed by SAVE JOBS USA. (td)
October 3, 2016 Opinion or Order USCA Case Number 16-5287 for 38 Notice of Appeal to DC Circuit Court, filed by SAVE JOBS USA. (td)
September 29, 2016 Opinion or Order Filing 39 Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date 9/28/16 re #38 Notice of Appeal to DC Circuit Court,. (td)
September 28, 2016 Opinion or Order Filing 38 NOTICE OF APPEAL TO DC CIRCUIT COURT as to #36 Memorandum & Opinion, #37 Order on Motion for Summary Judgment,, Order on Motion to Strike,,, by SAVE JOBS USA. Filing fee $ 505, receipt number 0090-4689579. Fee Status: Fee Paid. Parties have been notified. (Miano, John)
September 27, 2016 Opinion or Order Filing 37 ORDER denying #26 Plaintiff's Motion for Summary Judgment; granting #27 Defendant's Motion for Summary Judgment; and granting in part and denying in part #28 Defendant's Motion to Strike. It is further ORDERED that this case is DISMISSED with prejudice. Signed by Judge Tanya S. Chutkan on 9/27/2016. (lctsc2)
September 27, 2016 Opinion or Order Filing 36 MEMORANDUM AND OPINION re #26 Plaintiff's Motion for Summary Judgment, #27 Defendant's Motion for Summary Judgment, and #28 Defendant's Motion to Strike. Signed by Judge Tanya S. Chutkan on 9/27/2016. (lctsc2)
November 25, 2015 Opinion or Order Filing 35 RESPONSE re #34 NOTICE OF SUPPLEMENTAL AUTHORITY filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: #1 Exhibit US v. Texas cert petition)(Reuveni, Erez)
November 16, 2015 Opinion or Order Filing 34 NOTICE OF SUPPLEMENTAL AUTHORITY by SAVE JOBS USA (Attachments: #1 Exhibit Texas v. United States Fifth Circuit Opinion)(Miano, John)
October 30, 2015 Opinion or Order Filing 33 REPLY to opposition to motion re #28 MOTION to Strike #26 MOTION for Summary Judgment Portions of Appendix A (ECF26-1) filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Reuveni, Erez)
October 30, 2015 Opinion or Order Filing 32 REPLY to opposition to motion re #26 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Reuveni, Erez)
October 30, 2015 Opinion or Order Filing 31 JOINT APPENDIX by SAVE JOBS USA. (Miano, John)
October 16, 2015 Opinion or Order Filing 30 REPLY to opposition to motion re #26 MOTION for Summary Judgment , #27 MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment filed by SAVE JOBS USA. (Miano, John)
October 16, 2015 Opinion or Order Filing 29 RESPONSE re #28 MOTION to Strike #26 MOTION for Summary Judgment Portions of Appendix A (ECF26-1) filed by SAVE JOBS USA. (Miano, John)
October 2, 2015 Opinion or Order Filing 28 MOTION to Strike #26 MOTION for Summary Judgment Portions of Appendix A (ECF26-1) by U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: #1 Text of Proposed Order)(Reuveni, Erez)
October 2, 2015 Opinion or Order Filing 27 MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: #1 Text of Proposed Order)(Reuveni, Erez)
September 11, 2015 Opinion or Order Filing 26 MOTION for Summary Judgment by SAVE JOBS USA (Attachments: #1 Appendix, #2 Affidavit)(Miano, John)
July 16, 2015 Opinion or Order Set/Reset Deadlines: Administrative Record due by 8/11/2015.Summary Judgment motions due by 9/11/2015. Response to Motion for Summary Judgment due by 10/2/2015. Reply to Motion for Summary Judgment due by 10/16/2015. Reply in support of cross-motion due by 10/30/2015. Joint Appendix due by 10/30/2015. (zsm)
July 16, 2015 Opinion or Order MINUTE SCHEDULING ORDER: Defendants shall serve the administrative record on Plaintiff by August 11, 2015. Plaintiff shall file a motion for summary judgment by September 11, 2015. Defendant shall file a combined opposition and cross-motion for summary judgment by October 2, 2015. Plaintiff shall file a combined reply in support of the motion and any opposition to the cross-motion on October 16, 2015. Defendant shall file a reply in support of the cross-motion for summary judgment on October 30, 2015. Plaintiff shall file the Joint Appendix required by Local Rule 7(n)(2) by October 30,2015. Signed by Judge Tanya S. Chutkan on 7/16/15. (DJS)
July 15, 2015 Opinion or Order Filing 25 STIPULATION re scheduling by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: #1 Text of Proposed Order)(Reuveni, Erez)
July 10, 2015 Opinion or Order Filing 24 STIPULATION re: scheduling by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: #1 Text of Proposed Order)(Reuveni, Erez)
July 1, 2015 Opinion or Order MINUTE ORDER: Denying without prejudice #10 Motion to Dismiss, #20 Motion for Summary Judgment, and #21 Motion for Order, for the reasons stated in open court at the status conference on July 1, 2015. The parties must submit a joint proposed scheduling order by July 10, 2015. Signed by Judge Tanya S. Chutkan on 7/1/2015. (lctsc2)
July 1, 2015 Opinion or Order MINUTE ORDER: Denying without prejudice 10 Motion to Dismiss, 20 Motion for Summary Judgment, and 21 Motion for Order, for the reasons stated in open court at the status conference on July 1, 2015. The parties must submit a joint proposed scheduling order by July 10, 2015. Signed by Judge Tanya S. Chutkan on 7/1/2015. (lctsc2)
July 1, 2015 Opinion or Order Minute Entry for proceedings held before Judge Tanya S. Chutkan: Telephone Conference held on 7/1/2015. Joint Proposed Briefing Schedule due by 7/10/2015. Order to issue. (Court Reporter Bryan Wayne.) (zsm)
June 30, 2015 Opinion or Order Set/Reset Hearings: Telephone Conference set for 7/1/2015 at 1:30 PM in Courtroom 2 before Judge Tanya S. Chutkan. (zsm)
June 30, 2015 Opinion or Order ENTERED IN ERROR.....Set/Reset Hearings: Telephone Conference set for 7/1/2015 at 9:00 AM in Courtroom 2 before Judge Tanya S. Chutkan. (zsm) Modified on 6/30/2015 (zsm).
June 26, 2015 Opinion or Order MINUTE ORDER: A telephone conference is scheduled for Wednesday, July 1, 2015 at 1:30pm to address Defendant's #21 motion to deny Plaintiff's motion for summary judgment. No appearances are required. The parties must provide a single land line telephone number at which all the parties can be reached. Briefing on Plaintiff's #20 motion for summary judgment is stayed pending resolution of Defendant's motion to deny. Signed by Judge Tanya S. Chutkan on 6/26/2015. (lctsc2)
June 26, 2015 Opinion or Order Set/Reset Hearings: Telephone Conference set for 7/1/2015 01:30 PM in Courtroom 2 before Judge Tanya S. Chutkan. (tth)
June 26, 2015 Opinion or Order MINUTE ORDER: A telephone conference is scheduled for Wednesday, July 1, 2015 at 1:30pm to address Defendant's 21 motion to deny Plaintiff's motion for summary judgment. No appearances are required. The parties must provide a single land line telephone number at which all the parties can be reached. Briefing on Plaintiff's 20 motion for summary judgment is stayed pending resolution of Defendant's motion to deny. Signed by Judge Tanya S. Chutkan on 6/26/2015. (lctsc2)
June 23, 2015 Opinion or Order Filing 23 REPLY to opposition to motion re #21 MOTION for Order denying Plaintiff's premature motion for summary judgment without prejudice, or, alternatively, to delay adjudication and further briefing of Plaintiff's summary judgment motion until after resolution of the pending motio filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Reuveni, Erez)
June 22, 2015 Opinion or Order Filing 22 Memorandum in opposition to re #21 MOTION for Order denying Plaintiff's premature motion for summary judgment without prejudice, or, alternatively, to delay adjudication and further briefing of Plaintiff's summary judgment motion until after resolution of the pending motio filed by SAVE JOBS USA. (Miano, John)
June 17, 2015 Opinion or Order Filing 21 MOTION for Order denying Plaintiff's premature motion for summary judgment without prejudice, or, alternatively, to delay adjudication and further briefing of Plaintiff's summary judgment motion until after resolution of the pending motion to dismiss and submission of the certified administrative record by U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: #1 Text of Proposed Order)(Reuveni, Erez)
June 15, 2015 Opinion or Order Filing 20 Cross MOTION for Summary Judgment by SAVE JOBS USA (Attachments: #1 Affidavit, #2 Appendix)(Miano, John)
June 2, 2015 Opinion or Order Filing 19 REPLY to opposition to motion re #10 MOTION to Dismiss for lack of subject matter jurisdiction and failure to state a claim filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: #1 Declaration)(Reuveni, Erez)
May 29, 2015 Opinion or Order Filing 18 TRANSCRIPT OF MOTION HEARING PROCEEDINGS before Judge Tanya S. Chutkan held on May 21, 2015; Page Numbers: 1-57. Date of Issuance: May 29, 2015. Court Reporter/Transcriber: William Zaremba; Telephone number: (202)354-3249; Court Reporter Email Address: WilliamPZaremba@gmail.com.For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/19/2015. Redacted Transcript Deadline set for 6/29/2015. Release of Transcript Restriction set for 8/27/2015.(wz)
May 28, 2015 Opinion or Order MINUTE ORDER: In light of the #17 Notice filed by Defendant, the Court's order entered May 24, 2015, requiring the parties to submit a joint proposed briefing schedule is vacated. Defendant's reply is due June 2, 2015. Signed by Judge Tanya S. Chutkan on 5/28/2015. (lctsc2)
May 28, 2015 Opinion or Order MINUTE ORDER: In light of the 17 Notice filed by Defendant, the Court's order entered May 24, 2015, requiring the parties to submit a joint proposed briefing schedule is vacated. Defendant's reply is due June 2, 2015. Signed by Judge Tanya S. Chutkan on 5/28/2015. (lctsc2)
May 26, 2015 Opinion or Order Filing 17 NOTICE of Response to Request for Proposed Briefing Schedule by U.S. DEPARTMENT OF HOMELAND SECURITY re Order (Girdharry, Glenn)
May 26, 2015 Opinion or Order Filing 16 RESPONSE re #10 MOTION to Dismiss for lack of subject matter jurisdiction and failure to state a claim filed by SAVE JOBS USA. (Attachments: #1 Exhibit Texas v. United States)(Miano, John)
May 26, 2015 Opinion or Order Filing 15 NOTICE of Appearance by Michael Meriwether Hethmon on behalf of SAVE JOBS USA (Hethmon, Michael)
May 26, 2015 Opinion or Order Set/Reset Deadlines: Proposed Briefing Schedule due by 5/29/2015 (zsm)
May 24, 2015 Opinion or Order Filing 14 ORDER denying #2 Motion for Preliminary Injunction. Signed by Judge Tanya S. Chutkan on 5/24/2015. (lctsc2)
May 24, 2015 Opinion or Order Filing 13 MEMORANDUM AND OPINION. Signed by Judge Tanya S. Chutkan on 5/24/2015. (lctsc2)
May 24, 2015 Opinion or Order VACATED PER MINUTE ORDER DATED 5/28/15.....MINUTE ORDER: The parties must submit a joint proposed briefing schedule for Defendant's pending #10 motion to dismiss by May 29, 2015. Signed by Judge Tanya S. Chutkan on 5/24/2015. (lctsc2) Modified on 5/28/2015 (zsm).
May 24, 2015 Opinion or Order VACATED PER MINUTE ORDER DATED 5/28/15.....MINUTE ORDER: The parties must submit a joint proposed briefing schedule for Defendant's pending 10 motion to dismiss by May 29, 2015. Signed by Judge Tanya S. Chutkan on 5/24/2015. (lctsc2) Modified on 5/28/2015 (zsm).
May 21, 2015 Opinion or Order Minute Entry for proceedings held before Judge Tanya S. Chutkan: Motion Hearing held on 5/21/2015 re #2 MOTION for Preliminary Injunction filed by SAVE JOBS USA. Motion taken under advisement (Court Reporter William Zaremba.) (zsm)
May 21, 2015 Opinion or Order Minute Entry for proceedings held before Judge Tanya S. Chutkan: Motion Hearing held on 5/21/2015 re 2 MOTION for Preliminary Injunction filed by SAVE JOBS USA. Motion taken under advisement (Court Reporter William Zaremba.) (zsm)
May 17, 2015 Opinion or Order MINUTE ORDER: Setting Hearing on 2 MOTION for Preliminary Injunction. Motion Hearing set for 5/21/2015 11:30 AM in Courtroom 2 before Judge Tanya S. Chutkan. Signed by Judge Tanya S. Chutkan on 5/17/2015. (lctsc2)
May 17, 2015 Opinion or Order MINUTE ORDER: Setting Hearing on #2 MOTION for Preliminary Injunction. Motion Hearing set for 5/21/2015 11:30 AM in Courtroom 2 before Judge Tanya S. Chutkan. Signed by Judge Tanya S. Chutkan on 5/17/2015. (lctsc2)
May 15, 2015 Opinion or Order Filing 12 REPLY to opposition to motion re #2 MOTION for Preliminary Injunction filed by SAVE JOBS USA. (Attachments: #1 Exhibit Washington Alliance of Technology Workers v U.S. Dep't of Homeland Security)(Miano, John)
May 12, 2015 Opinion or Order NOTICE OF CORRECTED DOCKET ENTRY: re 9 Reply to opposition to Motion, was entered in error and counsel refiled said pleading as docket entry no. 11 . (td, )
May 12, 2015 Opinion or Order NOTICE OF CORRECTED DOCKET ENTRY: re #9 Reply to opposition to Motion, was entered in error and counsel refiled said pleading as docket entry no. #11 . (td, )
May 11, 2015 Opinion or Order Filing 11 Memorandum in opposition to re #2 MOTION for Preliminary Injunction (correcting label for motion, replacing docket entry 9) filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: #1 Text of Proposed Order)(Reuveni, Erez)
May 11, 2015 Opinion or Order Filing 10 MOTION to Dismiss for lack of subject matter jurisdiction and failure to state a claim by U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: #1 Text of Proposed Order, #2 Exhibit Ex. 1, #3 Exhibit Ex. 2)(Reuveni, Erez)
May 11, 2015 Opinion or Order Filing 9 ENTERED IN ERROR. . . . .REPLY to opposition to motion re #2 MOTION for Preliminary Injunction filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: #1 Text of Proposed Order)(Reuveni, Erez) Modified on 5/12/2015 (ztd, ).
May 5, 2015 Opinion or Order MINUTE ORDER: Granting #8 Motion for Extension of Time to File Response/Reply to #2 MOTION for Preliminary Injunction. Responses due by 5/11/2015. Signed by Judge Tanya S. Chutkan on 5/5/2015. (lctsc2)
May 5, 2015 Opinion or Order Set/Reset Deadlines: Response due by 5/5/2015 (zsm)
May 5, 2015 Opinion or Order MINUTE ORDER: Granting 8 Motion for Extension of Time to File Response/Reply to 2 MOTION for Preliminary Injunction. Responses due by 5/11/2015. Signed by Judge Tanya S. Chutkan on 5/5/2015. (lctsc2)
May 4, 2015 Opinion or Order Filing 8 Consent MOTION for Extension of Time to File Response/Reply as to #2 MOTION for Preliminary Injunction by U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: #1 Text of Proposed Order granting consent motion requesting 4-day extension of time to file response to Plaintiff's preliminary injunction motion)(Girdharry, Glenn)
May 4, 2015 Opinion or Order MINUTE ORDER: Per LCvR 65.1(c), Defendant must file its opposition to the #2 Motion for Preliminary Injunction by May 5, 2015. Signed by Judge Tanya S. Chutkan on 5/4/2015. (lctsc2)
May 4, 2015 Opinion or Order MINUTE ORDER: Per LCvR 65.1(c), Defendant must file its opposition to the 2 Motion for Preliminary Injunction by May 5, 2015. Signed by Judge Tanya S. Chutkan on 5/4/2015. (lctsc2)
May 2, 2015 Opinion or Order Filing 7 NOTICE of Appearance by Erez Reuveni on behalf of All Defendants (Reuveni, Erez)
May 1, 2015 Opinion or Order Filing 6 NOTICE of Appearance by Sarah S. Wilson on behalf of All Defendants (Wilson, Sarah)
May 1, 2015 Opinion or Order Filing 5 NOTICE of Appearance by Glenn M. Girdharry on behalf of All Defendants (Girdharry, Glenn)
May 1, 2015 Opinion or Order Filing 4 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 4/27/2015, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/30/2015., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/28/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 6/27/2015.) (Miano, John)
April 23, 2015 Opinion or Order Filing 3 SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachments: #1 Notice of Consent, #2 Consent Form) (md, )
April 23, 2015 Opinion or Order Filing 2 MOTION for Preliminary Injunction by SAVE JOBS USA (Attachments: #1 Appendix, #2 Affidavit)(Miano, John)
April 23, 2015 Opinion or Order Filing 1 COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number 0090-4068148) filed by SAVE JOBS USA. (Attachments: #1 Civil Cover Sheet, #2 Summons US Dept Homeland Sec., #3 Summons Attorney General, #4 Summons Civil Process Clerk)(Miano, John)
April 23, 2015 Filing 1 COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number 0090-4068148) filed by SAVE JOBS USA. (Attachments: # 1 Civil Cover Sheet, # 2 Summons US Dept Homeland Sec., # 3 Summons Attorney General, # 4 Summons Civil Process Clerk)(Miano, John)
April 23, 2015 Opinion or Order Case Assigned to Judge Tanya S. Chutkan. (md, )

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Defendant: U.S. DEPARTMENT OF HOMELAND SECURITY
Represented By: Sarah S. Wilson
Represented By: Erez Reuveni
Represented By: Glenn M. Girdharry
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Plaintiff: SAVE JOBS USA
Represented By: John Michael Miano
Represented By: Michael Meriwether Hethmon
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