NATIONAL LABOR RELATIONS BOARD PROFESSIONAL ASSOCIATION v. FEDERAL SERVICE IMPASSES PANEL et al
| NATIONAL LABOR RELATIONS BOARD PROFESSIONAL ASSOCIATION |
| NATIONAL LABOR RELATIONS BOARD, FEDERAL LABOR RELATIONS AUTHORITY and FEDERAL SERVICE IMPASSES PANEL |
| 1:2020cv00888 |
| April 2, 2020 |
| US District Court for the District of Columbia |
| Washington, DC Office |
| Amy Berman Jackson |
| Richard J Leon |
| Other Statutory Actions |
| 05 U.S.C. § 7101 |
| None |
Docket Report
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This docket was last retrieved on May 29, 2020. A more recent docket listing may be available from PACER.
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| Filing 37 Unopposed MOTION for Extension of Time to File Response/Reply as to #32 MOTION to Dismiss for Lack of Jurisdiction by FEDERAL LABOR RELATIONS AUTHORITY, FEDERAL SERVICE IMPASSES PANEL, NATIONAL LABOR RELATIONS BOARD (Peters, Noah) |
| Filing 36 Memorandum in opposition to re #32 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's NLRBPA's Opposition to Motion to Dismiss filed by NATIONAL LABOR RELATIONS BOARD PROFESSIONAL ASSOCIATION. (Attachments: #1 Declaration Declaration of Paul A. Thomas)(Paul, Robert) |
MINTUE ORDER granting #35 Plaintiff's Unopposed Motion for an Extension ofTime to Respond to Motion to Dismiss. It is ORDERED that plaintiff's response is due May 26, 2020. Signed by Judge Amy Berman Jackson on 5/22/20. (DMK)
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| Filing 35 Unopposed MOTION for Extension of Time to Respond to Motion to Dismiss by NATIONAL LABOR RELATIONS BOARD PROFESSIONAL ASSOCIATION (Attachments: #1 Proposed Order)(Paul, Robert) |
| NOTICE OF CORRECTED DOCKET ENTRY: re #34 Transcript, was entered in error Said pleading was filed in the incorrect case. (ztth) |
| Filing 34 ENTERED IN ERROR.....TRANSCRIPT OF PROCEEDINGS before Judge Amy Berman Jackson held on April 29, 2020; Page Numbers: 1-26. Date of Issuance:May 19, 2020. Court Reporter: Janice Dickman, Telephone number 202-354-2367, 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 6/9/2020. Redacted Transcript Deadline set for 6/19/2020. Release of Transcript Restriction set for 8/17/2020.(Dickman, Janice) Modified on 5/21/2020 (ztth). |
| Filing 33 ADMINISTRATIVE RECORD by FEDERAL LABOR RELATIONS AUTHORITY, FEDERAL SERVICE IMPASSES PANEL. (Attachments: #1 Exhibit A: Certified Index for Case No. 19 FSIP 045, and on reconsideration Case No. 20 FSIP 020, #2 Exhibit B: Certified Index as of 5-8-2020 for Case No.0-AR-5602)(Osborne, Rebecca) |
| Filing 32 MOTION to Dismiss for Lack of Jurisdiction by FEDERAL LABOR RELATIONS AUTHORITY, FEDERAL SERVICE IMPASSES PANEL, NATIONAL LABOR RELATIONS BOARD (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Snow, Kyla) |
| NOTICE OF ERROR re #31 Motion to Stay; emailed to kyla.snow@usdoj.gov, cc'd 7 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect header/caption/case number, 2. Please note: Incorrect court heading and case number; DO NOT REFILE as motion has already been granted. (znmw, ) |
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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 31 Unopposed MOTION to Stay Deadline to Respond to Plaintiff's Complaint Until After Resolution of Motion to Consolidate by FEDERAL LABOR RELATIONS AUTHORITY, FEDERAL SERVICE IMPASSES PANEL, NATIONAL LABOR RELATIONS BOARD (Snow, Kyla) |
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MINUTE ORDER granting #31 Defendants' Unopposed Motion to Stay the Deadline to Respond to Plaintiff's Complaint until After the Court Resolves the Motion to Consolidate. It is ORDERED that defendants' deadline to respond to the complaint is held in abeyance until after the motion to consolidate is resolved. It is FURTHER ORDERED that if the motion to consolidate is denied, defendants' response to the complaint is due seven days from the date of such denial. Signed by Judge Amy Berman Jackson on 4/29/20. (DMK)
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| Filing 30 Joint MOTION to Consolidate Cases by FEDERAL LABOR RELATIONS AUTHORITY, FEDERAL SERVICE IMPASSES PANEL, NATIONAL LABOR RELATIONS BOARD (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Peters, Noah) |
| Filing 29 Unopposed MOTION for Extension of Time to Respond to Plaintiff's Complaint by FEDERAL LABOR RELATIONS AUTHORITY, FEDERAL SERVICE IMPASSES PANEL, NATIONAL LABOR RELATIONS BOARD (Attachments: #1 Text of Proposed Order)(Snow, Kyla) |
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MINUTE ORDER granting #29 Unopposed Motion for Extension of Time. Defendants must respond to the complaint by April 30, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/9/2020. (lcabj3)
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| Filing 28 Case randomly reassigned to Judge Amy Berman Jackson as the case is not related. Judge Richard J. Leon is no longer assigned to the case. (rj) |
| Filing 27 NOTICE OF RELATED CASE by FEDERAL LABOR RELATIONS AUTHORITY, FEDERAL SERVICE IMPASSES PANEL. Case related to Case No. 19-cv-1934. (Osborne, Rebecca) |
| Filing 26 Case transferred in from District of Maryland; Case Number 8:20-cv-00078. Original file certified copy of transfer order and docket sheet received. |
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Filing 25
ORDER granting #16 Defendants' Motion to Transfer Venue; denying #4 Plaintiff's Motion for Preliminary Injunction; directing the Clerk to Transfer this Case to the United States District Court for the District of Columbia; and directing the Clerk to Close the Case. Signed by Judge Paula Xinis on 4/2/2020. (tds, Deputy Clerk) [Transferred from Maryland on 4/2/2020.]
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| Filing 24 MEMORANDUM OPINION. Signed by Judge Paula Xinis on 4/2/2020. (tds, Deputy Clerk) [Transferred from Maryland on 4/2/2020.] |
| Case Reassigned to Judge Richard J. Leon as related to 19-cv-1934-RJL. Judge Carl J. Nichols is no longer assigned to the case. (zsb) |
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Filing 23
PAPERLESS ORDER GRANTING #22 Motion for Extension of Time. Defendants' Response to #1 Complaint shall be due 14 days after the resolution of #4 Motion for Preliminary Injunction. Signed by Judge Paula Xinis on 3/25/2020. (tb2s, Chambers) [Transferred from Maryland on 4/2/2020.]
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| Filing 22 Consent MOTION for Extension of Time to File Responsive Pleading 14 Days After the Court Rules on Plaintiff's Motion for Preliminary Injunction by Federal Labor Relations Authority, Federal Service Impasses Panel, National Labor Relations Board(Snow, Kyla) [Transferred from Maryland on 4/2/2020.] |
| Filing 21 REPLY to Response to Motion re #16 MOTION to Change Venue filed by Federal Labor Relations Authority, Federal Service Impasses Panel. (Attachments: #1 Declaration of Kimberly D. Moseley)(Peters, Noah) [Transferred from Maryland on 4/2/2020.] |
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Filing 20
LETTER ORDER removing from the Calendar the hearing scheduled for 3/4/2020 at 10:00am. Signed by Judge Paula Xinis on 2/25/2020. (dg3s, Deputy Clerk) [Transferred from Maryland on 4/2/2020.]
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| Filing 19 RESPONSE in Opposition re #16 MOTION to Change Venue filed by National Labor Relations Board Professional Association. (Attachments: #1 Declaration of Karen Cook)(Paul, Robert) [Transferred from Maryland on 4/2/2020.] |
| Filing 18 RESPONSE in Support re #4 MOTION for Preliminary Injunction filed by National Labor Relations Board Professional Association. (Attachments: #1 Declaration of Paul Thomas)(Paul, Robert) [Transferred from Maryland on 4/2/2020.] |
| Filing 17 RESPONSE in Opposition re #4 MOTION for Preliminary Injunction filed by Federal Labor Relations Authority, Federal Service Impasses Panel, National Labor Relations Board.(Snow, Kyla) [Transferred from Maryland on 4/2/2020.] |
| Filing 16 MOTION to Change Venue by Federal Labor Relations Authority, Federal Service Impasses Panel (Attachments: #1 Exhibit)(Blackadar, Sarah) [Transferred from Maryland on 4/2/2020.] |
| Filing 15 NOTICE of Appearance by Sarah C Blackadar on behalf of Federal Labor Relations Authority, Federal Service Impasses Panel (Blackadar, Sarah) [Transferred from Maryland on 4/2/2020.] |
| Filing 14 NOTICE of Appearance by Rebecca J Osborne on behalf of Federal Labor Relations Authority, Federal Service Impasses Panel (Osborne, Rebecca) [Transferred from Maryland on 4/2/2020.] |
| Filing 13 SUMMONS Returned Executed by National Labor Relations Board Professional Association. Federal Labor Relations Authority served on 1/22/2020, answer due 2/12/2020.(Paul, Robert) [Transferred from Maryland on 4/2/2020.] |
| Filing 12 SUMMONS Returned Executed by National Labor Relations Board Professional Association. National Labor Relations Board served on 1/27/2020, answer due 2/18/2020.(Paul, Robert) [Transferred from Maryland on 4/2/2020.] |
| Filing 11 SUMMONS Returned Executed by National Labor Relations Board Professional Association. Federal Service Impasses Panel served on 1/21/2020, answer due 2/11/2020.(Paul, Robert) [Transferred from Maryland on 4/2/2020.] |
| Filing 10 PAPERLESS NOTICE of Hearing: Motion Hearing set for March 4, 2020 at 10:00 a.m. in Courtroom 2C, 6500 Cherrywood Lane, Greenbelt, Maryland 20770, before Judge Paula Xinis. (tb2s, Chambers) [Transferred from Maryland on 4/2/2020.] |
| Filing 9 NOTICE of Appearance by Kyla M Snow on behalf of National Labor Relations Board (Snow, Kyla) [Transferred from Maryland on 4/2/2020.] |
| Filing 8 Request for Hearing/Trial (Paul, Robert) [Transferred from Maryland on 4/2/2020.] |
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Filing 7
PAPERLESS ORDER GRANTING #6 Motion for Extension of Time. Defendants' Response to #4 MOTION for Preliminary Injunction is due February 10, 2020. Signed by Judge Paula Xinis on 1/29/2020. (tb2s, Chambers) [Transferred from Maryland on 4/2/2020.]
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| Filing 6 Consent MOTION for Extension of Time to File Response/Reply as to #4 MOTION for Preliminary Injunction by Federal Labor Relations Authority, Federal Service Impasses Panel, National Labor Relations Board(Peters, Noah) [Transferred from Maryland on 4/2/2020.] |
| Filing 5 NOTICE of Appearance by Noah Barnett Peters on behalf of Federal Labor Relations Authority, Federal Service Impasses Panel (Peters, Noah) [Transferred from Maryland on 4/2/2020.] |
| Filing 4 MOTION for Preliminary Injunction by National Labor Relations Board Professional Association (Attachments: #1 Memorandum in Support Plaintiff NLRBPA's Memorandum of Points and Authorities in Support of Its Motion for Preliminary Injunction)(Paul, Robert) [Transferred from Maryland on 4/2/2020.] |
| Filing 3 Summons Issued 60 days as to Federal Labor Relations Authority, Federal Service Impasses Panel, National Labor Relations Board, U.S. Attorney and U.S. Attorney General(dg3s, Deputy Clerk) [Transferred from Maryland on 4/2/2020.] |
| Filing 2 Local Rule 103.3 Disclosure Statement by National Labor Relations Board Professional Association (Paul, Robert) [Transferred from Maryland on 4/2/2020.] |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0416-8447435.), filed by National Labor Relations Board Professional Association. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Complaint Exh 1, #3 Exhibit Complaint Exh 2, #4 Exhibit Complaint Exh 3, #5 Exhibit Complaint Exh 4, #6 Exhibit Complaint Exh 5, #7 Exhibit Complaint Exh 6, #8 Exhibit Complaint Exh 7, #9 Exhibit Complaint Exh 8, #10 Exhibit Complaint Exh 9, #11 Exhibit Complaint Exh 10, #12 Exhibit Complaint Exh 11, #13 Exhibit Complaint Exh 12, #14 Summons Summons - AG, #15 Summons Summons - Civil Intake Clerk, #16 Summons Summons - FLRA, #17 Summons Summons - FSIP, #18 Summons Summons - NLRB)(Paul, Robert) [Transferred from Maryland on 4/2/2020.] |
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