NATIONAL TREASURY EMPLOYEES UNION v. UNITED STATES OF AMERICA et al Featured Case

A lawsuit filed by the National Treasury Employees Union related to the US government shut down, arguing that it is unlawful to require Treasury employees to work without pay.

Plaintiff: NATIONAL TREASURY EMPLOYEES UNION
Defendant: JOHN MICHAEL MULVANEY, UNITED STATES OF AMERICA and STEVEN TERNER MNUCHIN
Case Number: 1:2019cv00050
Filed: January 9, 2019
Court: US District Court for the District of Columbia
Presiding Judge: Richard J Leon
Nature of Suit: Administrative Procedure Act/Review or Appeal of Agency Decision
Cause of Action: 05:702
Jury Demanded By: None

Docket Report

This docket was last retrieved on March 6, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 6, 2019 Set/Reset Deadlines: The government shall file a combined motion to dismiss of not more than 45 pages by 3/19/2019; The plaintiffs shall file separate oppositions of not more than 45 pages each by 4/9/2019; The government shall file a combined reply of not more than 40 pages by 4/23/2019. (jth)
March 5, 2019 Opinion or Order MINUTE ORDER granting #25 Joint Motion for Entry of Briefing Schedule Regarding Motion to Dismiss in cases 1:19-cv-00050-RJL and 1:19-cv-00051-RJL. It is hereby ORDERED that the Motions are GRANTED and that the following schedule shall govern the above-captioned cases: (1) the government shall file a combined motion to dismiss of not more than 45 pages in length on or before March 19, 2019; (2) the plaintiffs shall file separate opposition memoranda of not more than 45 pages in length each on or before April 9, 2019; (3) the government shall file a combined reply memorandum of not more than 40 pages in length on or before April 23, 2019; and (4) the Court will set oral argument on the motions to dismiss on a date and time to be determined. SO ORDERED. Signed by Judge Richard J. Leon on 3/5/19. (lcrjl1)
February 26, 2019 Filing 25 Joint MOTION for Briefing Schedule Regarding Motion to Dismiss by STEVEN TERNER MNUCHIN, JOHN MICHAEL MULVANEY, UNITED STATES OF AMERICA (Attachments: #1 Text of Proposed Order)(Schwei, Daniel)
February 22, 2019 Minute Entry for proceedings held before Judge Richard J. Leon: Status Conference held on 2/22/2019. The Court directed the parties to confer and submit a joint proposed briefing schedule. (Court Reporter Scott Wallace.) (tg)
February 22, 2019 Set/Reset Hearings: The Status Conference in these case presently set for 2/22/2019 at 3:00 PM is reset for 2/22/2019 (same date) at 3:30 PM (new starting time) in Courtroom 18 before Judge Richard J. Leon. (jth)
February 7, 2019 Filing 24 STATUS REPORT Regarding Upcoming Pay Periods by STEVEN TERNER MNUCHIN, JOHN MICHAEL MULVANEY, UNITED STATES OF AMERICA. (Schwei, Daniel)
February 6, 2019 Filing 23 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. STEVEN TERNER MNUCHIN served on 1/25/2019 (Attachments: #1 Delivery confirmation)(Shah, Paras)
February 6, 2019 Filing 22 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOHN MICHAEL MULVANEY served on 2/4/2019 (Attachments: #1 Delivery confirmation)(Shah, Paras)
February 1, 2019 Filing 21 TRANSCRIPT OF 1/31/19 STATUS HEARING before Judge Richard J. Leon, held on January 31, 2019. Page Numbers: 1-16. Date of Issuance: February 1, 2019. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the #Transcript Order FormFor 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, CD 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 2/22/2019. Redacted Transcript Deadline set for 3/4/2019. Release of Transcript Restriction set for 5/2/2019.(Wayne, Bryan)
January 31, 2019 Minute Entry for proceedings held before Judge Richard J. Leon: Status Conference held on 1/31/2019. In the event that another shutdown occurs on 2/15/2019, the court establishes the following schedule: Preliminary Injunction Motion is due by 2/19/2019; Response is due by 2/21/2019; The Court will hold a Preliminary Injunction Hearing on 2/22/2019 at 3:00 PM in Courtroom 18 before Judge Richard J. Leon. The Court will rule from the bench with a written opinion to follow. (Court Reporter: Bryan A. Wayne) (jth)
January 26, 2019 Set/Reset Hearings: The Preliminary Injunction Hearing presently scheduled for 1/31/2019 at 3:00 PM in Courtroom 18 is converted to a Status Hearing. (jth)
January 25, 2019 Opinion or Order MINUTE ORDER. It is hereby ORDERED that the preliminary injunction hearing presently set for January 31, 2019 at 3:00 PM in Courtroom 18 shall be converted to a status hearing. SO ORDERED. Signed by Judge Richard J. Leon on 1/25/19. (lcrjl1)
January 25, 2019 Filing 20 NOTICE OF WITHDRAWAL OF MOTION by NATIONAL TREASURY EMPLOYEES UNION (Horne, Jessica)
January 22, 2019 Filing 19 Memorandum in opposition to re #8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by STEVEN TERNER MNUCHIN, JOHN MICHAEL MULVANEY, UNITED STATES OF AMERICA. (Attachments: #1 Exhibit 1 - OMB Mem M-18-05, #2 Exhibit 2 - OPM Fact Sheet, #3 Exhibit 3 - OPM Guidance for Shutdown Furloughs, #4 Exhibit 4 - Declaration of Peter Basso, #5 Exhibit 5 - NATCA CBA (excerpts), #6 Exhibit 6 - NATCA MOU, #7 Exhibit 7 - Declaration of Jodi S. McCarthy, #8 Exhibit 8 - BOP Standards of Employee Conduct, #9 Exhibit 9 - BOP Lapse in Appropriations Ethics Q&A's, #10 Exhibit 10 - USDA Lapse in Appropriations Ethics Q&A's, #11 Exhibit 11 - FAA Order 3750.7A, #12 Exhibit 12 - FAA Furlough Guidance FAQs, pt. 2, #13 Appendix - Index of Exhibits, #14 Text of Proposed Order)(Schwei, Daniel)
January 22, 2019 Set/Reset Deadlines: Defendants in case 19-cv-50 shall file a separate response to the second preliminary injunction motion filed in that case no later than Friday, January 25, 2019. (jth)
January 22, 2019 Opinion or Order MINUTE ORDER. It is hereby ORDERED that defendants' Motion for Leave to File Excess Pages, docketed at #17 in case 19-cv-50; #20 in case 19-cv-51; and #11 in case 19-cv-62, is GRANTED. It is further ORDERED that defendants may file a single, combined opposition memorandum to the original three preliminary injunction motions in these cases, not to exceed sixty (60) pages in length. It is further ORDERED that defendants in case 19-cv-50 shall file a separate response to the second preliminary injunction motion filed in that case no later than Friday, January 25, 2019. SO ORDERED. Signed by Judge Richard J. Leon on 1/22/19. (lcrjl1)
January 22, 2019 Filing 18 SUMMONS (1) Issued Electronically as to STEVEN TERNER MNUCHIN. (jf)
January 22, 2019 Filing 17 Unopposed MOTION for Leave to File Excess Pages for Single, Combined Opposition Memorandum by STEVEN TERNER MNUCHIN, JOHN MICHAEL MULVANEY, UNITED STATES OF AMERICA (Attachments: #1 Text of Proposed Order)(Schwei, Daniel)
January 18, 2019 Opinion or Order Filing 16 MEMORANDUM ORDER. The plaintiffs' TRO's in the three above-captioned cases are DENIED; and it is further ORDERED that defendants shall file their responses to the pending preliminary injunction motions no later that Tuesday, January 22, 2019; the plaintiffs shall file their replies no later than Monday, January 28, 2019, and a hearing on the preliminary injunction motions shall be set for Thursday, January 31, 2019 at 3:00 PM in Courtroom 18. SO ORDERED. Signed by Judge Richard J. Leon on 1/16/2019. (jth)
January 18, 2019 Filing 15 WITHDRAWN PURSUANT TO NOTICE FILED 01/25/19.....MOTION for Preliminary Injunction by NATIONAL TREASURY EMPLOYEES UNION (Attachments: #1 Text of Proposed Order, #2 Memorandum in Support, #3 Declaration, #4 Exhibit Ex. A to Declaration, #5 Exhibit Ex. B to Declaration)(Shah, Paras) Modified on 1/26/2019 (jth).
January 17, 2019 Filing 14 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/15/2019. (Attachments: #1 Delivery confirmation)(Shah, Paras)
January 17, 2019 Filing 13 AMENDED COMPLAINT against JOHN MICHAEL MULVANEY, UNITED STATES OF AMERICA, STEVEN TERNER MNUCHIN filed by NATIONAL TREASURY EMPLOYEES UNION. (Attachments: #1 Summons)(Shah, Paras)
January 17, 2019 Filing 12 NOTICE OF FILING OF AMENDED COMPLAINT by NATIONAL TREASURY EMPLOYEES UNION (Shah, Paras)
January 17, 2019 Filing 11 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/11/2019. Answer due for ALL FEDERAL DEFENDANTS by 3/12/2019. (Shah, Paras)
January 16, 2019 Filing 10 TRANSCRIPT OF TEMPORARY RESTRAINING ORDER MOTIONS HEARING PROCEEDINGS before Judge Richard J. Leon held on January 15, 2019; Page Numbers: 1-75. Date of Issuance: January 16, 2019. Court Reporter/Transcriber: William Zaremba; Telephone number: (202) 354-3249. Transcripts may be ordered by submitting the #Transcript Order FormFor 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 2/6/2019. Redacted Transcript Deadline set for 2/16/2019. Release of Transcript Restriction set for 4/16/2019.(wz)
January 15, 2019 Minute Entry for Proceedings held before Judge Richard J. Leon: Motion Hearing held on 1/15/2019. For the reasons stated on the record in open Court, the Motions for Temporary Restraining Order #8 in case 19-cv-00050; #8 in case 19-cv-00051; #2 in case 1:19-cv-00062; are DENIED. The Government's Responses to the Motions for Preliminary Injunction are due by 1/22/2019, Plaintiffs' Replies are due by 1/28/2019. A Hearing on the Motions for Preliminary Injunctions is set for 1/31/2019 at 3:00 PM in Courtroom 18 before Judge Richard J. Leon. (Court Reporter: William P. Zaremba). (jth)
January 15, 2019 Filing 9 MOTION for Leave to File declarations by NATIONAL TREASURY EMPLOYEES UNION (Horne, Jessica) Modified event title on 1/16/2019 (znmw).
January 14, 2019 Opinion or Order MINUTE ORDER. In light of the filing of #8 Plaintiff NTEU's Motion for a Temporary Restraining Order and Preliminary Injunction, it is hereby ORDERED that NTEU will be heard in full on its motion for a temporary restraining order during the January 15 hearing and that NTEU's #7 Motion to Participate in January 14 Hearing is accordingly DENIED AS MOOT. SO ORDERED. Signed by Judge Richard J. Leon on 1/14/19. (lcrjl1)
January 14, 2019 Opinion or Order MINUTE ORDER. It is hereby ORDERED that the hearing currently set for Monday, January 14, 2019 at 12:00 PM shall take place on Tuesday, January 15, 2019 at 12:00 PM in Courtroom 18 before Judge Richard J. Leon. SO ORDERED. Signed by Judge Richard J. Leon on 1/14/19. (lcrjl1)
January 13, 2019 Filing 8 WITHDRAWN (preliminary injunction motion) PURSUANT TO NOTICE FILED 01/25/19....MOTION for Temporary Restraining Order by NATIONAL TREASURY EMPLOYEES UNION (Attachments: #1 Text of Proposed Order, #2 Memorandum in Support, #3 Exhibit, #4 Exhibit, #5 Rule 65.1 Certificate)(Shah, Paras). Added MOTION for Preliminary Injunction on 1/16/2019 (znmw). Modified on 1/26/2019 (jth).
January 13, 2019 Filing 7 MOTION for Leave to Appear to Participate in January 14, 2019 12:00 p.m. Hearing by NATIONAL TREASURY EMPLOYEES UNION (Shah, Paras) Modified event title on 1/16/2019 (znmw).
January 12, 2019 Opinion or Order MINUTE ORDER. It is hereby ORDERED that defendants' Motion to Reschedule Hearing in No. 19-cv-51 and No. 19-cv-62 is DENIED. The Court's January 11, 2019 Order set a hearing for Monday, January 14, 2019 at 12:00 PM. At the hearing, the Court will hear oral argument from the moving plaintiffs and the defendants limited to the pending motions for temporary restraining orders. The Court will then rule orally on the temporary restraining orders. Regardless of the Court's ruling, the Court will set a briefing schedule and hearing date for the pending motions for preliminary injunctions. SO ORDERED. Signed by Judge Richard J. Leon on 1/12/19. (lcrjl1)
January 11, 2019 Opinion or Order MINUTE ORDER. Pursuant to Local Rule 40.5(c)(2), the matters of Hardy v. Trump et al., No. 19-cv-00051 and NATCA v. United States et al., No. 19-cv-00062 have been reassigned as related to the earlier-filed NTEU v. United States et al., No. 19-cv-00050. It is hereby ORDERED that a hearing on #8 Emergency Motion for Temporary Restraining Order and Preliminary Injunction in No. 19-cv-00051, and #2 Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction in No. 19-cv-00062, shall be held on Monday, January 14, 2019 at 12:00 PM in Courtroom 18 before Judge Richard J. Leon. SO ORDERED. Signed by Judge Richard J. Leon on 1/11/19. (lcrjl1)
January 11, 2019 Filing 6 NOTICE of Appearance by Daniel Stephen Garrett Schwei on behalf of All Defendants (Schwei, Daniel)
January 10, 2019 Filing 5 NOTICE OF RELATED CASE by NATIONAL TREASURY EMPLOYEES UNION. Case related to Case No. 19-cv-51. (Attachments: #1 Exhibit Complaint in related case)(Shah, Paras)
January 10, 2019 Filing 4 NOTICE of Appearance by Gregory J. O'Duden on behalf of NATIONAL TREASURY EMPLOYEES UNION (O'Duden, Gregory) (Main Document 4 replaced on 1/10/2019) (zjf).
January 9, 2019 Filing 3 SUMMONS (3) Issued Electronically as to JOHN MICHAEL MULVANEY, UNITED STATES OF AMERICA, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(zsb)
January 9, 2019 Case Assigned to Judge Richard J. Leon. (zsb)
January 9, 2019 Filing 2 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL TREASURY EMPLOYEES UNION (Shah, Paras)
January 9, 2019 Filing 1 COMPLAINT against NATIONAL TREASURY EMPLOYEES UNION ( Filing fee $ 400 receipt number 0090-5879323) filed by NATIONAL TREASURY EMPLOYEES UNION. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons)(Shah, Paras) (
January 9, 2019 Filing 1 COMPLAINT against NATIONAL TREASURY EMPLOYEES UNION ( Filing fee $ 400 receipt number 0090-5879323) filed by NATIONAL TREASURY EMPLOYEES UNION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Shah, Paras) (

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Search for this case: NATIONAL TREASURY EMPLOYEES UNION v. UNITED STATES OF AMERICA et al
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Defendant: JOHN MICHAEL MULVANEY
Represented By: Daniel Stephen Garrett Schwei
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Defendant: UNITED STATES OF AMERICA
Represented By: Daniel Stephen Garrett Schwei
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Defendant: STEVEN TERNER MNUCHIN
Represented By: Daniel Stephen Garrett Schwei
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Plaintiff: NATIONAL TREASURY EMPLOYEES UNION
Represented By: Gregory J. O'Duden
Represented By: Allison Conrey Giles
Represented By: Larry J. Adkins
Represented By: Paras N. Shah
Represented By: Jessica Horne
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