NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION, AFL-CIO et al v. UNITED STATES OF AMERICA et al
A lawsuit filed by the National Air Traffic Controllers Association related to the US government shut down, which argues that it is unlawful to require their employees to work without pay.
| NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION, AFL-CIO, JOHN GARNER, KEVIN BIANCHI, AMANDA FUCHS and JONATHAN BARNETT |
| MICK MULVANEY, DAVID BERNHARDT, DEPARTMENT OF THE INTERIOR, DANIEL K. ELWELL, OFFICE OF MANAGEMENT AND BUDGET, UNITED STATES OF AMERICA, OFFICE OF PERSONNEL MANAGEMENT, MARGARET WEICHERT, FEDERAL AVIATION ADMINISTRATION, DONALD JOHN TRUMP and DONALD J. TRUMP |
| TRACY JENSON |
| 1:2019cv00062 |
| January 11, 2019 |
| US District Court for the District of Columbia |
| Richard J Leon |
| Civil Rights: Other |
| 29 U.S.C. § 201 |
| None |
Docket Report
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This docket was last retrieved on February 15, 2019. A more recent docket listing may be available from PACER.
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| Filing 21 NOTICE of Voluntary Dismissal by All Plaintiffs (Elkin, Molly) |
| Filing 20 STATUS REPORT REGARDING UPCOMING PAY PERIODS by DAVID BERNHARDT, DEPARTMENT OF THE INTERIOR, DANIEL K. ELWELL, FEDERAL AVIATION ADMINISTRATION, MICK MULVANEY, OFFICE OF MANAGEMENT AND BUDGET, OFFICE OF PERSONNEL MANAGEMENT, DONALD J. TRUMP, UNITED STATES OF AMERICA, MARGARET WEICHERT. (Kirschner, Adam) |
| Filing 19 REPLY to opposition re #13 MOTION to Intervene filed by TRACY JENSON. (jf) |
| Filing 18 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) |
| Filing 17 MOTION for Extension of Time by DAVID BERNHARDT, DEPARTMENT OF THE INTERIOR, DANIEL K. ELWELL, FEDERAL AVIATION ADMINISTRATION, MICK MULVANEY, OFFICE OF MANAGEMENT AND BUDGET, OFFICE OF PERSONNEL MANAGEMENT, DONALD JOHN TRUMP, UNITED STATES OF AMERICA, MARGARET WEICHERT. (See Docket Entry #16 to view document). (znmw) |
| Filing 16 Memorandum in opposition to re #13 MOTION to Intervene or, in the alternative, motion for extension of time filed by DAVID BERNHARDT, DEPARTMENT OF THE INTERIOR, DANIEL K. ELWELL, FEDERAL AVIATION ADMINISTRATION, MICK MULVANEY, OFFICE OF MANAGEMENT AND BUDGET, OFFICE OF PERSONNEL MANAGEMENT, DONALD JOHN TRUMP, UNITED STATES OF AMERICA, MARGARET WEICHERT. (Attachments: #1 Text of Proposed Order)(Kirschner, Adam) |
| Filing 15 Memorandum in opposition to re #13 MOTION to Intervene filed by JONATHAN BARNETT, KEVIN BIANCHI, AMANDA FUCHS, JOHN GARNER, NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION, AFL-CIO. (Elkin, Molly) |
| 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 14 NOTICE OF WITHDRAWAL OF MOTION by JONATHAN BARNETT, KEVIN BIANCHI, AMANDA FUCHS, JOHN GARNER, NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION, AFL-CIO (Elkin, Molly) |
| 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) |
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 12 Memorandum in opposition to re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by DAVID BERNHARDT, DEPARTMENT OF THE INTERIOR, DANIEL K. ELWELL, FEDERAL AVIATION ADMINISTRATION, MICK MULVANEY, OFFICE OF MANAGEMENT AND BUDGET, OFFICE OF PERSONNEL MANAGEMENT, DONALD JOHN TRUMP, UNITED STATES OF AMERICA, MARGARET WEICHERT. (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 of Exhibits, #14 Text of Proposed Order)(Kirschner, Adam) |
| Filing 11 Unopposed MOTION for Leave to File Excess Pages for Single, Combined Opposition Memorandum by DAVID BERNHARDT, DEPARTMENT OF THE INTERIOR, DANIEL K. ELWELL, FEDERAL AVIATION ADMINISTRATION, MICK MULVANEY, OFFICE OF MANAGEMENT AND BUDGET, OFFICE OF PERSONNEL MANAGEMENT, DONALD JOHN TRUMP, UNITED STATES OF AMERICA, MARGARET WEICHERT (Attachments: #1 Text of Proposed Order)(Kirschner, Adam) |
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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 10
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 13 MOTION to Intervene by TRACY JENSON (Attachments: #1 Exhibit)(jf) |
| Filing 9 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. 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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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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| Filing 8 MOTION to Continue re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by DAVID BERNHARDT, DEPARTMENT OF THE INTERIOR, DANIEL K. ELWELL, FEDERAL AVIATION ADMINISTRATION, MICK MULVANEY, OFFICE OF MANAGEMENT AND BUDGET, OFFICE OF PERSONNEL MANAGEMENT, DONALD JOHN TRUMP, UNITED STATES OF AMERICA, MARGARET WEICHERT (Attachments: #1 Text of Proposed Order)(Kirschner, Adam). |
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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 7 NOTICE of Appearance by Adam D. Kirschner on behalf of All Defendants (Kirschner, Adam) |
| Filing 6 Case directly reassigned to Judge Richard J. Leon as related. Judge Christopher R. Cooper is no longer assigned to the case. (ztnr) |
| Filing 5 SUMMONS (11) Issued Electronically as to DAVID BERNHARDT, DEPARTMENT OF THE INTERIOR, DANIEL K. ELWELL, FEDERAL AVIATION ADMINISTRATION, MICK MULVANEY, OFFICE OF MANAGEMENT AND BUDGET, OFFICE OF PERSONNEL MANAGEMENT, DONALD JOHN TRUMP, UNITED STATES OF AMERICA, MARGARET WEICHERT, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(zsb) |
| Filing 4 NOTICE of Appearance by John Welling Stewart on behalf of All Plaintiffs (Stewart, John) |
| Filing 3 NOTICE of Appearance by Sarah M. Block on behalf of JONATHAN BARNETT, KEVIN BIANCHI, AMANDA FUCHS, JOHN GARNER, NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION, AFL-CIO (Block, Sarah) |
| Filing 2 WITHDRAWN PURSUANT TO #14 ..MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by JONATHAN BARNETT, KEVIN BIANCHI, AMANDA FUCHS, JOHN GARNER, NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION, AFL-CIO (Attachments: #1 Memorandum in Support, #2 Declaration OF AMANDA FUCHS, #3 Declaration OF JOHN GARNER, #4 Declaration OF MIKE PEREZ, #5 Declaration OF EUGENE FREEDMAN, #6 Declaration of Kevin Bianchi, #7 Declaration OF JONATHAN BARNETT, #8 CERTIFICATE OF NOTICE PURSUANT TO LCvR 65.1(a), #9 Text of Proposed Order (PI), #10 Text of Proposed Order (TRO))(rdj) Modified on 1/28/2019 (jf). |
| Filing 1 COMPLAINT against DAVID BERNHARDT, DEPARTMENT OF THE INTERIOR, DANIEL K. ELWELL, FEDERAL AVIATION ADMINISTRATION, MICK MULVANEY, OFFICE OF MANAGEMENT AND BUDGET, OFFICE OF PERSONNEL MANAGEMENT, DONALD JOHN TRUMP, UNITED STATES OF AMERICA, MARGARET WEICHERT ( Filing fee $ 400, receipt number 4616096252) filed by KEVIN BIANCHI, AMANDA FUCHS, JONATHAN BARNETT, NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION, AFL-CIO, JOHN GARNER. (Attachments: #1 Exhibit A - Consents to Sue, #2 Civil Cover Sheet)(zrdj) |
| Filing 1 COMPLAINT against DAVID BERNHARDT, DEPARTMENT OF THE INTERIOR, DANIEL K. ELWELL, FEDERAL AVIATION ADMINISTRATION, MICK MULVANEY, OFFICE OF MANAGEMENT AND BUDGET, OFFICE OF PERSONNEL MANAGEMENT, DONALD JOHN TRUMP, UNITED STATES OF AMERICA, MARGARET WEICHERT ( Filing fee $ 400, receipt number 4616096252) filed by KEVIN BIANCHI, AMANDA FUCHS, JONATHAN BARNETT, NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION, AFL-CIO, JOHN GARNER. (Attachments: # 1 Exhibit A - Consents to Sue, # 2 Civil Cover Sheet)(zrdj) |
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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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