NATIONAL VETERANS AFFAIRS COUNCIL v. FEDERAL SERVICE IMPASSES PANEL et al
| NATIONAL VETERANS AFFAIRS COUNCIL |
| FEDERAL LABOR RELATIONS AUTHORITY, FEDERAL SERVICE IMPASSES PANEL and MARK ANTHONY CARTER |
| UNITED STATES DEPARTMENT OF VETERANS AFFAIRS |
| 1:2020cv00837 |
| March 27, 2020 |
| US District Court for the District of Columbia |
| Carl J Nichols |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on May 20, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Set/Reset Deadlines/Hearings: Motion to Dismiss due by 5/27/2020. Response due by 6/10/2020. Reply due by 6/17/2020. Response to Plaintiff's Motion for Summary Judgmentdue by 6/1/2020. Cross-Motion for Summary Judgment due by 6/1/2020 Motion Hearing set for 6/24/2020 at 2:00 PM in Telephonic/VTC before Judge Carl J. Nichols. (zcdw) |
MINUTE ORDER. Upon review of the Parties' #14 Joint Status Report, it is hereby ORDERED that Plaintiff's #12 Motion for a Preliminary Injunction shall be treated as a Motion for Summary Judgment. It is further ORDERED that on or before May 27, 2020, Defendants and Intervenor-Defendant shall jointly file a Motion to Dismiss for Lack of Jurisdiction; on or before June 10, 2020, Plaintiff shall file its Opposition to the Motion to Dismiss; and on or before June 17, 2020, Defendants and Intervenor-Defendants shall jointly file a Reply in Support of the Motion to Dismiss. It is further ORDERED that on or before June 1, 2020, Defendants and Intervenor-Defendant shall jointly file an Opposition to Plaintiff's Motion for Summary Judgment and Cross-Motion for Summary Judgment; on or before June 15, 2020, Plaintiff shall file its Reply in Support of its Motion for Summary Judgment; and on or before June 22, 2020, Defendants and Intervenor-Defendant shall jointly file a Reply in Support of their Cross-Motion for Summary Judgment. A hearing on the Motions shall be held by videoconference on June 24, 2020 at 2:00 PM. It is so ORDERED. Signed by Judge Carl J. Nichols on May 20, 2020. (lccjn3)
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| Filing 14 Joint STATUS REPORT with Proposed Briefing Schedule and Hearing Date by MARK ANTHONY CARTER, FEDERAL LABOR RELATIONS AUTHORITY, FEDERAL SERVICE IMPASSES PANEL. (Peters, Noah) |
| Filing 13 ERRATA by NATIONAL VETERANS AFFAIRS COUNCIL #12 MOTION for Preliminary Injunction filed by NATIONAL VETERANS AFFAIRS COUNCIL (Attachments: #1 Exhibit N)(Collette, Matthew) Modified docket event/text on 5/18/2020 (eg). |
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MINUTE ORDER. In light of Plaintiff's #12 Motion for a Preliminary Injunction, it is hereby ORDERED that on or before May 19, 2020, at 5 PM, the Parties shall meet, confer, and file a Joint Status Report addressing the following issues: (1) a proposed briefing schedule for Plaintiff's Motion; (2) a statement addressing whether a hearing on Plaintiff's Motion is necessary, and if so, a date for such a hearing; and (3) a statement addressing whether the Parties anticipate factual disputes between declarants, and if so, a statement addressing whether the Parties believe an evidentiary hearing, see LCvR 65.1(d), will be necessary to resolve the factual disputes and a proposal for proceeding with such a hearing. The Parties may also address any other issues that they believe will be helpful to the Court. Any disagreements should be noted in the Joint Status Report. Signed by Judge Carl J. Nichols on May 18, 2020. (lccjn3)
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| Set/Reset Deadlines/Hearings: Joint Status Report due by 5/19/2020 at 5:00 PM. (zcdw) |
| Filing 12 MOTION for Preliminary Injunction by NATIONAL VETERANS AFFAIRS COUNCIL (Attachments: #1 Text of Proposed Order, #2 Affidavit Affidavit of Matthew Collette, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F, #9 Exhibit Exhibit G, #10 Exhibit Exhibit H, #11 Exhibit Exhibit I, #12 Exhibit Exhibit J, #13 Exhibit Exhibit K, #14 Exhibit Exhibit L, #15 Exhibit Exhibit M, #16 Exhibit Exhibit O, #17 Exhibit Exhibit P, #18 Exhibit Exhibit Q, #19 Exhibit Exhibit R, #20 Exhibit Exhibit S, #21 Exhibit Exhibit T, #22 Exhibit Exhibit U, #23 Exhibit Exhibit V, #24 Exhibit Exhibit W, #25 Exhibit Exhibit X)(Collette, Matthew) |
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MINUTE ORDER. Upon review of the #11 Motion to Intervene as Defendant by United States Department of Veterans Affairs, and considering that it is unopposed, it is hereby ORDERED that the Motion is GRANTED. Signed by Judge Carl J. Nichols on May 11, 2020. (lccjn3)
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| Filing 11 Unopposed MOTION to Intervene as Defendant by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Attachments: #1 Text of Proposed Order)(Snow, Kyla) |
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MINUTE ORDER. Upon consideration of 36 #10 30 #11 Defendants' Motion to Consolidate Cases, it is hereby ORDERED that the motion is DENIED. I find that defendants have not met their burden under Federal Rule of Civil Procedure 42(a) of showing that convenience and judicial economy would be served by consolidating these cases. While each case raises one common legal claim of an Appointments Clause challenge, Case No. 19-cv-1934 raises two additional unique claims, and Case No. 20-cv-837 raises two further unique claims. I cannot conclude that common issues of law or fact predominate, especially where these cases involve different plaintiffs, different Panel decisions, and mostly different legal claims. Further, Case No. 19-cv-1934 has a fully briefed motion to dismiss for lack of jurisdiction as well as a not-yet-briefed motion for summary judgment. I am not satisfied that any potential gains in efficiency from consolidating these cases would not be outweighed by potential prejudice, delay, or confusion. For these reasons, the motion to consolidate is denied. SO ORDERED. By Judge Richard J. Leon on 5/1/2020. (jth)
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| Filing 10 Joint MOTION to Consolidate Cases by MARK ANTHONY CARTER, FEDERAL LABOR RELATIONS AUTHORITY, FEDERAL SERVICE IMPASSES PANEL (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Peters, Noah) |
| Filing 9 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/6/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 6/5/2020.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MARK ANTHONY CARTER served on 4/8/2020; FEDERAL LABOR RELATIONS AUTHORITY served on 4/7/2020; FEDERAL SERVICE IMPASSES PANEL served on 4/8/2020, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/8/2020. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit, #4 Affidavit)(Collette, Matthew) |
| Filing 8 NOTICE of Appearance by Sarah Catherine Blackadar on behalf of All Defendants (Blackadar, Sarah) |
| Filing 7 NOTICE of Appearance by Noah Barnett Peters on behalf of All Defendants (Peters, Noah) |
| Filing 6 NOTICE of Appearance by Rebecca Jean Osborne on behalf of All Defendants (Osborne, Rebecca) |
| Filing 5 Case randomly reassigned to Judge Carl J. Nichols. Judge Richard J. Leon is no longer assigned to the case as deemed not related. (ztnr) |
| Filing 4 SUMMONS (5) Issued Electronically as to MARK ANTHONY CARTER, FEDERAL LABOR RELATIONS AUTHORITY, FEDERAL SERVICE IMPASSES PANEL, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(zsb) |
| Case Assigned to Judge Richard J. Leon. (zsb) |
| Filing 3 COMPLAINT against All Defendants (Filing fee $ 400 receipt number ADCDC-6964467) filed by NATIONAL VETERANS AFFAIRS COUNCIL. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Civil Cover Sheet)(Collette, Matthew) Modified on 3/27/2020 to add filing fee (zsb). |
| Filing 2 NOTICE OF RELATED CASE by NATIONAL VETERANS AFFAIRS COUNCIL. Case related to Case No. 19-ccv-1934. (Collette, Matthew) |
| Filing 1 ENTERED IN ERROR..... COMPLAINT against All Defendants ( Filing fee $ 400 receipt number ADCDC-6964467) filed by NATIONAL VETERANS AFFAIRS COUNCIL. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons)(Collette, Matthew) Modified on 3/27/2020 (zsb). |
| NOTICE OF CORRECTED DOCKET ENTRY: re #1 Complaint, was entered in error and counsel refiled as document #3 . (zsb) |
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