HARDY et al v. TRUMP et al
A lawsuit filed on behalf of anonymous government employees related to the US government shut down, arguing that it is unlawful to require these employees to work without pay.
| JOHN DOE 1, JANE DOE 1, JANE DOE 3, JANE DOE 2, JOHN DOE 2, JUSTIN THORNTON, JANETTE HARDY, KRISTEN ROHDE and BRANDI THORNTON |
| ELAINE L. CHAO, SONNY PURDUE, UNITED STATES OF AMERICA, MATTHEW G. WHITAKER, KIRSTJEN M. NIELSEN, DONALD J. TRUMP and KIRSTJEN NIELSEN |
| 1:2019cv00051 |
| January 9, 2019 |
| US District Court for the District of Columbia |
| Richard J Leon |
| Other Statutory Actions |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on March 6, 2019. A more recent docket listing may be available from PACER.
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| 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) |
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)
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| Filing 25 Joint MOTION for Briefing Schedule Regarding Motion to Dismiss by ELAINE L. CHAO, KIRSTJEN NIELSEN, SONNY PURDUE, DONALD J. TRUMP, UNITED STATES OF AMERICA, MATTHEW G. WHITAKER (Attachments: #1 Text of Proposed Order)(Schwei, Daniel) |
| 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) |
| 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) |
| Filing 24 STATUS REPORT Regarding Upcoming Pay Periods by ELAINE L. CHAO, SONNY PURDUE, DONALD J. TRUMP, UNITED STATES OF AMERICA, MATTHEW G. WHITAKER. (Schwei, Daniel) |
| Filing 23 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) |
| 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) |
| Filing 22 NOTICE OF WITHDRAWAL OF MOTION by JANETTE HARDY, KRISTEN ROHDE, BRANDI THORNTON, JUSTIN THORNTON re #8 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction , WITHOUT PREJUDICE (Clark, Daniel) |
| 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) |
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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)
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| Filing 21 Memorandum in opposition to re #8 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction filed by ELAINE L. CHAO, SONNY PURDUE, UNITED STATES OF AMERICA, MATTHEW G. WHITAKER. (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) |
| Filing 20 Unopposed MOTION for Leave to File Excess Pages for Single, Combined Opposition Memorandum by ELAINE L. CHAO, SONNY PURDUE, DONALD J. TRUMP, UNITED STATES OF AMERICA, MATTHEW G. WHITAKER (Attachments: #1 Text of Proposed Order)(Schwei, Daniel) |
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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)
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Filing 19
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)
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| Filing 18 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) |
| 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) |
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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)
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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)
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| Filing 17 MOTION to Continue Hearing re #8 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction to Reschedule Hearing by ELAINE L. CHAO, SONNY PURDUE, DONALD J. TRUMP, UNITED STATES OF AMERICA, MATTHEW G. WHITAKER (Attachments: #1 Text of Proposed Order)(Schwei, Daniel) Modified event title on 1/17/2019 (znmw). |
| Filing 16 ERRATA Replacement Exhibits (Declarations) by JANETTE HARDY, KRISTEN ROHDE, BRANDI THORNTON, JUSTIN THORNTON #8 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction filed by JANE DOE 1, JANE DOE 3, JANE DOE 2, JOHN DOE 1. (Attachments: #1 Exhibit, #2 Exhibit)(Clark, Daniel) |
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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)
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| Filing 15 NOTICE of Appearance by Daniel Stephen Garrett Schwei on behalf of All Defendants (Schwei, Daniel) |
| Filing 14 NOTICE OF RELATED CASE by JANETTE HARDY, KRISTEN ROHDE, BRANDI THORNTON, JUSTIN THORNTON. Case related to Case No. 19-48. (Clark, Daniel) |
| Filing 13 NOTICE OF RELATED CASE by JANETTE HARDY, KRISTEN ROHDE, BRANDI THORNTON, JUSTIN THORNTON. Case related to Case No. 19-62. (Clark, Daniel) |
| Filing 12 ERRATA by JANETTE HARDY, KRISTEN ROHDE, BRANDI THORNTON, JUSTIN THORNTON #9 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David A. Hart, :Firm- Kator, Parks, Weiser & Harris, PLLC, :Address- 1200 18th Street, NW, Suite 1000, Washington, DC 20036. Phone No. - 202-898-4800. Fax No. - 202-289-1389 Fili filed by BRANDI THORNTON, JANETTE HARDY, JUSTIN THORNTON, KRISTEN ROHDE. (Attachments: #1 Text of Proposed Order)(Clark, Daniel) |
| Filing 11 Case reassigned to Judge Richard J. Leon as there is an earlier related case. Judge Amy Berman Jackson is no longer assigned to the case. (rj) |
| Filing 10 SUMMONS (11) Issued Electronically as to ELAINE L. CHAO, SONNY PURDUE, DONALD J. TRUMP, UNITED STATES OF AMERICA, MATTHEW G. WHITAKER, U.S. Attorney and U.S. Attorney General (Attachments: #1 Notice and Consent)(zef, ) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David A. Hart, :Firm- Kator, Parks, Weiser & Harris, PLLC, :Address- 1200 18th Street, NW, Suite 1000, Washington, DC 20036. Phone No. - 202-898-4800. Fax No. - 202-289-1389 Filing fee $ 100, receipt number 0090-5883970. Fee Status: Fee Paid. by JANETTE HARDY, KRISTEN ROHDE, BRANDI THORNTON, JUSTIN THORNTON (Attachments: #1 Text of Proposed Order, #2 Declaration)(Clark, Daniel) |
| Filing 8 WITHDRAWN (preliminary injunction motion) PURSUANT TO NOTICE FILED 01/26/19....Emergency MOTION for Temporary Restraining Order , Emergency MOTION for Preliminary Injunction by JANE DOE 1, JOHN DOE 1, JANE DOE 2, JANE DOE 3 (Attachments: #1 Text of Proposed Order, #2 Memorandum in Support, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Clark, Daniel) Modified on 1/27/2019 (jth). |
| Filing 7 AMENDED COMPLAINT against ELAINE L. CHAO, SONNY PURDUE, DONALD TRUMP, UNITED STATES OF AMERICA, MATTHEW G. WHITAKER filed by JANE DOE 3, JANE DOE 2, JANE DOE 1, JOHN DOE 1. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons)(Clark, Daniel) |
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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)
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| Case Assigned to Judge Amy Berman Jackson. (zmd) |
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MINUTE ORDER. The Telephone Conference Call in this case presently set for 1/11/2019 at 3:30 PM is vacated. SO ORDERED. By Judge Amy Berman Jackson on 1/11/2019. (jth)
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| Set/Reset Hearings: A Telephone Conference Call is set for 1/11/2019 at 3:30 PM in Courtroom 3 before Judge Amy Berman Jackson. (jth) |
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Filing 6
ORDER DENYING #2 Motion for Leave to Proceed Under Pseudonym. SO ORDERED. See Order for further details. Signed by Chief Judge Beryl A. Howell on 1/10/2019. (zmd)
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| Filing 5 NOTICE of Appearance by Michael J. Kator on behalf of All Plaintiffs (Kator, Michael) |
| Filing 4 NOTICE of Appearance by Cathy Ann Harris on behalf of All Plaintiffs (Harris, Cathy) |
| Filing 3 NOTICE OF RELATED CASE. Case related to Case No. 19-00004/U.S Court of Federal Claims. (zef) |
| Filing 2 MOTION to Proceed Under Pseudonym by JANE DOE 1, JOHN DOE 1, JANE DOE 2, JOHN DOE 2, JANE DOE 3 (Attachments: #1 Text of Proposed Order, #2 Memorandum in Support)(Clark, Daniel) (Additional attachment(s) added on 1/10/2019: #3 Appendix) (zmd). |
| Filing 1 COMPLAINT against ALL DEFENDANTS ( Filing fee $ 400 receipt number 0090-5880011) filed by JANE DOE 3, JANE DOE 2, JANE DOE 1, JOHN DOE 1, JOHN DOE 2. (Attachments: #1 Civil Cover Sheet, #3 Summons POTUS to White House Counsel, #4 Summons POTUS to USAO, #5 Summons POTUS to Acting AG, #6 Summons Sec. Chao to DOT OGC, #7 Summons Sec. Chao to Acting AG, #8 Summons Sec. Chao to USAO, #9 Summons Acting AG Whitaker to DOJ, #10 Summons Acting AG Whitaker to USAO, #11 Summons Sec. Perdue to Acting AG, #12 Summons Sec. Perdue to Ag. OGC, #13 Summons Sec. Perdue to USAO, #14 Summons Sec. Nielsen to DHS OGC, #15 Summons Sec. Nielsen to Acting AG, #16 Summons Sec. Nielsen to USAO)(Clark, Daniel) |
| Filing 1 COMPLAINT against ALL DEFENDANTS ( Filing fee $ 400 receipt number 0090-5880011) filed by JANE DOE 3, JANE DOE 2, JANE DOE 1, JOHN DOE 1, JOHN DOE 2. (Attachments: # 1 Civil Cover Sheet, # 3 Summons POTUS to White House Counsel, # 4 Summons POTUS to USAO, # 5 Summons POTUS to Acting AG, # 6 Summons Sec. Chao to DOT OGC, # 7 Summons Sec. Chao to Acting AG, # 8 Summons Sec. Chao to USAO, # 9 Summons Acting AG Whitaker to DOJ, # 10 Summons Acting AG Whitaker to USAO, # 11 Summons Sec. Perdue to Acting AG, # 12 Summons Sec. Perdue to Ag. OGC, # 13 Summons Sec. Perdue to USAO, # 14 Summons Sec. Nielsen to DHS OGC, # 15 Summons Sec. Nielsen to Acting AG, # 16 Summons Sec. Nielsen to USAO)(Clark, Daniel) |
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