STELLAR IT et al v. SCALIA et al
| MASTECH DIGITAL TECHNOLOGIES INC, HAWAII MEDICAL SERVICE ASSOCIATION, INFINITE COMPUTER SOLUTIONS INC, LATENTAI INC, AISIN TECHNICAL CENTER OF AMERICA, STANSOURCE INC, NESS INC and STELLAR IT |
| JOHN PALLASCH and EUGENE SCALIA |
| 1:2020cv03175 |
| November 3, 2020 |
| US District Court for the District of Columbia |
| Emmet G Sullivan |
| Immigration: Other Immigration Actions |
| 05 U.S.C. § 551 |
| None |
Docket Report
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| Filing 16 MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on 12/14/2020. (lcegs3) |
Filing 15
ORDER granting #7 motion for partial summary judgment; denying #9 motion for partial summary judgment. Signed by Judge Emmet G. Sullivan on 12/14/2020. (lcegs3)
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| Filing 14 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOHN PALLASCH served on 11/6/2020; EUGENE SCALIA served on 11/6/2020 (Attachments: #1 Exhibit A-Proof of Service - Scalia, #2 Exhibit B-Proof of Service - Pallasch)(Banias, Bradley) |
| Filing 13 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/9/2020. (Attachments: #1 Exhibit A - Proof of Service)(Banias, Bradley) |
| Filing 12 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/5/2020. Answer due for ALL FEDERAL DEFENDANTS by 1/4/2021. (Attachments: #1 Exhibit A - Proof of Service)(Banias, Bradley) |
| Filing 11 REPLY to opposition to motion re #7 MOTION for Preliminary Injunction - Converted Motion for Partial Summary Judgment filed by AISIN TECHNICAL CENTER OF AMERICA, HAWAII MEDICAL SERVICE ASSOCIATION, INFINITE COMPUTER SOLUTIONS INC, LATENTAI INC, MASTECH DIGITAL TECHNOLOGIES INC, NESS INC, STANSOURCE INC, STELLAR IT. (Forney, Geoffrey) |
| Filing 10 Memorandum in opposition to re #7 MOTION for Preliminary Injunction filed by JOHN PALLASCH, EUGENE SCALIA. (Attachments: #1 Text of Proposed Order)(Lum, Laurel) |
| Filing 9 Cross MOTION for Partial Summary Judgment by JOHN PALLASCH, EUGENE SCALIA (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Lum, Laurel) |
| Set/Reset Deadlines: Defendants Response due no later than 5:00PM on 11/12/2020. Plaintiffs Reply due no later than 12:00PM on 11/16/2020.(mac) |
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MINUTE ORDER. In view of #8 joint status report informing the Court that the parties consent to having #7 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 #7 Plaintiffs' motion for 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. Via #8 joint status report, the parties also informed the Court that they conferred with the plaintiffs in Purdue University v. Scalia, No. 20-cv-3006 (EGS), and the parties in both cases agree to consolidate the cases for resolution of the notice-and-comment claim. Accordingly, it is hereby ORDERED that this case is consolidated with Purdue University v. Scalia, No. 20-cv-3006 (EGS), for resolution of the notice-and-comment claim. It is FURTHER ORDERED that the parties shall abide by the following schedule: Defendants shall file their response by no later than November 12, 2020 at 5:00 PM; Defendants may, at their discretion, incorporate by reference its arguments from its cross-motion for partial summary judgment and response to the Purdue plaintiffs' converted motion for partial summary judgment. Plaintiffs shall file any reply by no later than November 16, 2020 at 12:00 PM. It is FURTHER ORDERED that Defendants may include a reply in support of its cross-motion for partial summary judgment in Purdue in the same brief as their response to Plaintiffs in this case, and this brief may extend to 20 pages in length. It is FURTHER ORDERED that Defendants' deadline to file a response to the Complaint is stayed and all other claims are stayed pending the disposition of Plaintiffs' notice-and-comment claim. Signed by Judge Emmet G. Sullivan on 11/12/2020. (lcegs3)
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| Filing 8 Joint STATUS REPORT and Recommendations by JOHN PALLASCH, EUGENE SCALIA. (Attachments: #1 Text of Proposed Order)(Federighi, Carol) |
| Set/Reset Deadlines: Joint Status Report due no later than 12:00PM on 11/11/2020 (mac) |
| Filing 7 MOTION for Preliminary Injunction by AISIN TECHNICAL CENTER OF AMERICA, HAWAII MEDICAL SERVICE ASSOCIATION, INFINITE COMPUTER SOLUTIONS INC, LATENTAI INC, MASTECH DIGITAL TECHNOLOGIES INC, NESS INC, STANSOURCE INC, STELLAR IT (Attachments: #1 Memorandum in Support, #2 Exhibit A - Wage Guidance, #3 Exhibit B - Ortega Report, #4 Exhibit C - Zavodny Report, #5 Exhibit D - NFAP Policy Brief, #6 Exhibit E - BLS Unemployment Rate Sept 2020, #7 Exhibit F - BLS Employment Status by Education, #8 Exhibit G - BLS Unemployment by Occupation, #9 Exhibit H - Characteristics of H-1B Specialty Occupation Workers, #10 Exhibit I - DOL H-1B Statistics, #11 Exhibit J - NFAP Policy Brief H-1B Wage Rule, #12 Exhibit K - OES Software Developer, #13 Exhibit L - OES New Software Developer, #14 Exhibit M - Stellar IT Declaration, #15 Exhibit N - Mastech Digital Inc Declaration, #16 Exhibit O - OFLC Wages)(Banias, Bradley) |
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MINUTE ORDER. In view of #7 plaintiffs' motion for preliminary injunction, the parties are HEREBY DIRECTED to meet and confer, and file a joint status report by no later than November 11, 2020 at 12:00 PM 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 11/9/2020. (lcegs3)
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| Filing 6 NOTICE of Appearance by Laurel H. Lum on behalf of All Defendants (Lum, Laurel) |
| Filing 5 NOTICE of Appearance by Carol Federighi on behalf of JOHN PALLASCH, EUGENE SCALIA (Federighi, Carol) |
| Filing 4 SUMMONS (4) Issued Electronically as to JOHN PALLASCH, EUGENE SCALIA, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(adh, ) |
| Filing 3 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AISIN TECHNICAL CENTER OF AMERICA, HAWAII MEDICAL SERVICE ASSOCIATION, INFINITE COMPUTER SOLUTIONS INC, LATENTAI INC, MASTECH DIGITAL TECHNOLOGIES INC, NESS INC, STANSOURCE INC, STELLAR IT (Banias, Bradley) |
| Filing 2 NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 1:20-cv-3006 Purdue University et al v. Scalia. (Banias, Bradley) |
| Filing 1 COMPLAINT against JOHN PALLASCH, EUGENE SCALIA ( Filing fee $ 400 receipt number ADCDC-7792262) filed by LATENTAI INC, MASTECH DIGITAL TECHNOLOGIES INC, AISIN TECHNICAL CENTER OF AMERICA, STANSOURCE INC, HAWAII MEDICAL SERVICE ASSOCIATION, NESS INC, STELLAR IT, INFINITE COMPUTER SOLUTIONS INC. (Attachments: #1 Exhibit A - Wage Guidance, #2 Exhibit B - NFAP Policy Brief, #3 Exhibit C - BLS Unemployment Rate, #4 Exhibit D - BLS Employment Status, #5 Exhibit E - BLS A-30 Unemployed Persons by Occupation, #6 Exhibit F - Characteristics of H-1B Specialty, #7 Exhibit G - DOL H-1B Selected Statistics, #8 Exhibit H - Analysis of DOL H-1B Wage Rule, #9 Exhibit I - Software Dev. OES - Oct. 7, 2020, #10 Exhibit J - Software Dev. OES New, #11 Civil Cover Sheet, #12 Summons Scalia, #13 Summons USAG, #14 Summons USAO, #15 Summons Pallasch)(Banias, Bradley) |
| Case Assigned to Judge Emmet G. Sullivan. (adh, ) |
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