PURDUE UNIVERSITY et al v. SCALIA et al
| SCRIPPS COLLEGE, STUDY MISSISSIPPI, PURDUE UNIVERSITY, NORTHERN ARIZONA UNIVERSITY, CHAPMAN UNIVERSITY, DENTISTS FOR AMERICA, HODGES BONDED WAREHOUSE, INC., ARIZONA STATE UNIVERSITY, MARANA HEALTH CENTER, UNIVERSITY OF MICHIGAN, INDIANA UNIVERSITY, BARD COLLEGE, INFORMATION TECHNOLOGY INDUSTRY COUNCIL, INTERNATIONAL INSTITUTE OF NEW ENGLAND, UNITED METHODIST HOMES AND SERVICES, UNIVERSITY OF DENVER, PHYSICIANS FOR AMERICAN HEALTHCARE ACCESS and ALL PLAINTIFFS |
| EUGENE SCALIA and UNITED STATES DEPARTMENT OF LABOR |
| SCALIA and DEPARTMENT OF LABOR |
| TECHNET, NATIONAL ASSOCIATION OF MANUFACTURERS, AMERICAN COUNCIL ON EDUCATION AND 23 OTHER HIGHER EDUCATION ORGANIZATIONS and CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA |
| 1:2020cv03006 |
| October 19, 2020 |
| US District Court for the District of Columbia |
| Emmet G Sullivan |
| Immigration: Other Immigration Actions |
| 05 U.S.C. § 702 |
| None |
Docket Report
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This docket was last retrieved on December 14, 2020. A more recent docket listing may be available from PACER.
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| Filing 28 MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on 12/14/2020. (lcegs3) |
Filing 27
ORDER granting #6 Plaintiffs' motion for partial summary judgment; denying #19 Defendants' motion for partial summary judgment. Signed by Judge Emmet G. Sullivan on 12/14/2020. (lcegs3)
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| Filing 26 NOTICE by EUGENE SCALIA, UNITED STATES DEPARTMENT OF LABOR (Attachments: #1 Web Announcement)(Lum, Laurel) |
| Filing 25 NOTICE OF SUPPLEMENTAL AUTHORITY by ALL PLAINTIFFS (Attachments: #1 Exhibit Decision from N.D. California, #2 Exhibit Decision from D. N.J.)(Joseph, Jeff) |
| Filing 24 REPLY to opposition to motion re #19 Cross MOTION for Partial Summary Judgment filed by EUGENE SCALIA, UNITED STATES DEPARTMENT OF LABOR. (Lum, Laurel) |
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MINUTE ORDER. In view of #8 joint status report filed in Stellar IT v. Scalia, No. 20-3175 (EGS), informing the Court that Plaintiffs agree to consolidate the cases for resolution of the notice-and-comment claim, it is hereby ORDERED that this case is consolidated with Stellar IT v. Scalia, No. 20-3175 (EGS) for resolution of the notice-and-comment claim. Signed by Judge Emmet G. Sullivan on 11/12/2020. (lcegs3)
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MINUTE ORDER. In view of #12 joint status report, it is hereby ORDERED that Defendants' deadline to file a response to the Complaint is stayed. Signed by Judge Emmet G. Sullivan on 11/12/2020. (lcegs3)
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| Filing 23 NOTICE of Appearance by Charles Herman Kuck on behalf of ALL PLAINTIFFS (Kuck, Charles) |
| Filing 22 Memorandum in opposition to re #19 Cross MOTION for Partial Summary Judgment filed by ALL PLAINTIFFS. (Joseph, Jeff) |
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MINUTE ORDER. In view of the Court's forthcoming Memorandum Opinion and Order, the Court hereby cancels the motion hearing scheduled for November 13, 2020. Signed by Judge Emmet G. Sullivan on 11/10/2020. (lcegs3)
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| Filing 20 REPLY to opposition re #6 MOTION for Preliminary Injunction filed by ALL PLAINTIFFS. (Joseph, Jeff) Modified on 11/9/2020 to correct docket link (zjf). |
| NOTICE OF ERROR re #20 Reply to opposition to Motion; emailed to jeff@immigrationissues.com, cc'd 13 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please refile document, 3. Same document using |
| Filing 21 AMICUS BRIEF by AMERICAN COUNCIL ON EDUCATION AND 23 OTHER HIGHER EDUCATION ORGANIZATIONS. (zjf) |
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MINUTE ORDER granting #14 consent motion for leave to file brief of amicus curiae by American Council on Education and 23 Other Higher Education Organizations. Signed by Judge Emmet G. Sullivan on 11/5/2020. (lcegs3)
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MINUTE ORDER granting #16 consent motion for leave to file brief of amicus curiae by CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, NATIONAL ASSOCIATION OF MANUFACTURERS, and TECHNET. Signed by Judge Emmet G. Sullivan on 11/5/2020. (lcegs3)
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| Filing 19 Cross MOTION for Partial Summary Judgment by EUGENE SCALIA, UNITED STATES DEPARTMENT OF LABOR (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Lum, Laurel) |
| Filing 18 Memorandum in opposition to re #6 MOTION for Preliminary Injunction MOTION to Stay filed by EUGENE SCALIA, UNITED STATES DEPARTMENT OF LABOR. (Attachments: #1 Text of Proposed Order)(Lum, Laurel) |
| Filing 17 NOTICE of Appearance by Alexandra Rachel Saslaw on behalf of All Defendants (Saslaw, Alexandra) |
| Filing 16 MOTION for Leave to File Brief of Amici Curiae by CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, NATIONAL ASSOCIATION OF MANUFACTURERS, TECHNET (Attachments: #1 Brief of Amici Curiae, #2 Text of Proposed Order)(Hughes, Paul) |
| Filing 15 NOTICE of Appearance by Paul Whitfield Hughes, III on behalf of CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, NATIONAL ASSOCIATION OF MANUFACTURERS, TECHNET (Hughes, Paul) |
| Filing 14 Consent MOTION for Leave to File Brief of Amici Curiae by American Council on Education and 23 Other Higher Education Organizations (Attachments: #1 Proposed Brief of Amici Curiae, #2 Text of Proposed Order)(Ellsworth, Jessica) |
| Filing 13 NOTICE of Appearance by Jessica Lynn Ellsworth on behalf of American Council on Education and 23 Other Higher Education Organizations (Ellsworth, Jessica) |
| Set/Reset Deadlines/Hearings: Defendants Responses due by 11/2/2020. Plaintiffs Reply due by 11/9/2020. Motion Hearing set for 11/13/2020 at 11:00 AM in Telephonic/VTC before Judge Emmet G. Sullivan. (mac) |
| Filing 12 Joint STATUS REPORT and proposed briefing schedule by ALL PLAINTIFFS. (Attachments: #1 Text of Proposed Order)(Joseph, Jeff) |
| Filing 11 NOTICE of Appearance by Laurel H. Lum on behalf of All Defendants (Lum, Laurel) |
| Filing 10 Joint MOTION for Briefing Schedule by ALL PLAINTIFFS (Attachments: #1 Text of Proposed Order)(Joseph, Jeff) |
| Filing 9 NOTICE of Appearance by Gregory Siskind on behalf of All Plaintiffs (Siskind, Gregory) (Main Document 9 replaced on 10/28/2020) (zjf). |
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MINUTE ORDER. In view of #12 joint status report informing the Court that the parties consent to having #6 Plaintiffs' motion for preliminary injunction consolidated with a determination on the merits pursuant to Federal Rule of Civil Procedure 65(a)(2), the Court hereby ORDERS that #6 Plaintiffs' motion for a preliminary injunction is consolidated with the merits determination with respect to Plaintiffs' claim that the October 8, 2020, Interim Final Rule ("IFR"), Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, 85 Fed. Reg. 63872, violated the Administrative Procedure Act's requirement of notice-and-comment rulemaking. In view of the parties' consent to dispensing with the requirement that Defendants compile an Administrative Record, the Court will decide Plaintiffs' notice-and-comment claim on the parties' briefs and on the material included in and referenced by the IFR. It is FURTHER ORDERED that all other claims are stayed pending the disposition of Plaintiffs' notice-and-comment claim. It is FURTHER ORDERED that the parties shall abide by the following schedule: (1) Defendants shall file their response by no later than November 2, 2020; and (2) Plaintiffs shall file their reply by no later than November 9, 2020. A hearing on the motion will be held on November 13, 2020 at 11:00 AM via VIDEO TELECONFERENCE. The parties shall contact Mr. Mark Coates, the Courtroom Deputy Clerk, for the dial-in information. Signed by Judge Emmet G. Sullivan on 10/28/2020. (lcegs3)
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| NOTICE OF ERROR re #10 Motion for Briefing Schedule; emailed to jeff@immigrationissues.com, cc'd 8 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please refile document, 3. Refile same pleading using the Status Report event (zjf, ) |
| Filing 8 NOTICE of Appearance by Carol Federighi on behalf of All Defendants (Federighi, Carol) |
| Set/Reset Deadlines: Joint Status Report due no later than 12:00PM on 10/28/2020 (mac) |
| NOTICE OF CORRECTED DOCKET ENTRY: Document No. re #7 MOTION for Preliminary Injunction and Proposed Order was entered in error and added to DE#6 as one complete filing.(zjf) |
| Filing 7 ENTERED IN ERROR.....MOTION for Preliminary Injunction and Proposed Order by ARIZONA STATE UNIVERSITY, BARD COLLEGE, CHAPMAN UNIVERSITY, DENTISTS FOR AMERICA, HODGES BONDED WAREHOUSE, INC., INDIANA UNIVERSITY, INFORMATION TECHNOLOGY INDUSTRY COUNCIL, INTERNATIONAL INSTITUTE OF NEW ENGLAND, MARANA HEALTH CENTER, NORTHERN ARIZONA UNIVERSITY, PHYSICIANS FOR AMERICAN HEALTHCARE ACCESS, PURDUE UNIVERSITY, SCRIPPS COLLEGE, STUDY MISSISSIPPI, UNITED METHODIST HOMES AND SERVICES, UNIVERSITY OF DENVER, UNIVERSITY OF MICHIGAN (Attachments: #1 Text of Proposed Order)(Joseph, Jeff) Modified on 10/26/2020 (zjf). |
| Filing 6 MOTION for Preliminary Injunction by ARIZONA STATE UNIVERSITY, BARD COLLEGE, CHAPMAN UNIVERSITY, DENTISTS FOR AMERICA, HODGES BONDED WAREHOUSE, INC., INDIANA UNIVERSITY, INFORMATION TECHNOLOGY INDUSTRY COUNCIL, INTERNATIONAL INSTITUTE OF NEW ENGLAND, MARANA HEALTH CENTER, NORTHERN ARIZONA UNIVERSITY, PHYSICIANS FOR AMERICAN HEALTHCARE ACCESS, PURDUE UNIVERSITY, SCRIPPS COLLEGE, STUDY MISSISSIPPI, UNITED METHODIST HOMES AND SERVICES, UNIVERSITY OF DENVER, UNIVERSITY OF MICHIGAN (Attachments: #1 Declaration Oxman Declaration, #2 Declaration Hunter Declaration, #3 Declaration Searle Declaration, #4 Declaration Harmon Declaration, #5 Declaration Dumont Declaration, #6 Declaration Pfeiffer Declaration, #7 Declaration Kuntz Declaration, #8 Declaration McRobbie Declaration, #9 Declaration Akridge Declaration, #10 Declaration Shivakumaraiah Declaration, #11 Declaration Gill Declaration, #12 Declaration Cheng Declaration, #13 Declaration Alur Declaration, #14 Declaration Marcus-Newhall Declaration, #15 Declaration Thielman Declaration, #16 Declaration Lowe Declaration, #17 Declaration Holtz-Eakin Declaration, #18 Declaration Bier Declaration)(Joseph, Jeff) (Main Document 6 replaced on 10/26/2020) (zjf). (Additional attachment(s) added on 10/26/2020: #19 Text of Proposed Order) (zjf). Added MOTION to Stay on 11/2/2020 (znmw). |
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MINUTE ORDER. In view of #7 plaintiffs' motion for preliminary injunction or APA stay, plaintiffs are HEREBY DIRECTED to contact forthwith the United States Attorneys Office for the District of Columbia and/or the Department of Justice as appropriate to identify government counsel. The parties shall thereafter file a joint status report by no later than October 28, 2020 at 12:00 PM NOON with recommendations for further proceedings, including, inter alia, (1) whether plaintiffs' motion for a preliminary injunction should be consolidated with the merits under Federal Rule of Civil Procedure 65; and (2) recommendations for further proceedings including, if necessary, a briefing schedule for plaintiffs' motion for a preliminary injunction. Signed by Judge Emmet G. Sullivan on 10/23/2020. (lcegs3)
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Filing 5
STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 10/22/2020. (Attachment: Exhibit 1) (mac)
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| Filing 4 NOTICE of Errata in Complaint filed by ARIZONA STATE UNIVERSITY, BARD COLLEGE, CHAPMAN UNIVERSITY, DENTISTS FOR AMERICA, HODGES BONDED WAREHOUSE, INC., INDIANA UNIVERSITY, INFORMATION TECHNOLOGY INDUSTRY COUNCIL, INTERNATIONAL INSTITUTE OF NEW ENGLAND, MARANA HEALTH CENTER, NORTHERN ARIZONA UNIVERSITY, PHYSICIANS FOR AMERICAN HEALTHCARE ACCESS, PURDUE UNIVERSITY, SCRIPPS COLLEGE, STUDY MISSISSIPPI, UNITED METHODIST HOMES AND SERVICES, UNIVERSITY OF DENVER, UNIVERSITY OF MICHIGAN re #1 Complaint,, (Attachments: #1 Errata)(Joseph, Jeff) |
| Filing 3 SUMMONS (3) Issued Electronically as to EUGENE SCALIA, UNITED STATES DEPARTMENT OF LABOR, and U.S. Attorney (Attachment: #1 Notice and Consent)(adh, ) |
| Case Assigned to Judge Emmet G. Sullivan. (zmd) |
| Filing 2 NOTICE of Appearance by Jesse Matthew Bless on behalf of All Plaintiffs (Bless, Jesse) |
| Filing 1 COMPLAINT against EUGENE SCALIA, UNITED STATES DEPARTMENT OF LABOR ( Filing fee $ 400 receipt number ADCDC-7730650) filed by INFORMATION TECHNOLOGY INDUSTRY COUNCIL, HODGES BONDED WAREHOUSE, INC., UNIVERSITY OF MICHIGAN, INDIANA UNIVERSITY, PURDUE UNIVERSITY, STUDY MISSISSIPPI, SCRIPPS COLLEGE, UNITED METHODIST HOMES AND SERVICES, UNIVERSITY OF DENVER, BARD COLLEGE, ARIZONA STATE UNIVERSITY, MARANA HEALTH CENTER, NORTHERN ARIZONA UNIVERSITY, CHAPMAN UNIVERSITY, DENTISTS FOR AMERICA, INTERNATIONAL INSTITUTE OF NEW ENGLAND, PHYSICIANS FOR AMERICAN HEALTHCARE ACCESS. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons)(Joseph, Jeff) (Attachment 1 replaced on 10/23/2020) (znmw). |
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