LOMA LINDA-INLAND CONSORTIUM FOR HEALTHCARE EDUCATION v. NATIONAL LABOR RELATIONS BOARD et al
Plaintiff: LOMA LINDA-INLAND CONSORTIUM FOR HEALTHCARE EDUCATION doing business as LOMA LINDA UNIVERSITY SELF-EDUCATION CONSORTIUM
Not Classified By Court: NATIONAL LABOR RELATIONS BOARD and LOMA LINDA-INLAND CONSORTIUM FOR HEALTHCARE EDUCATION D/B/A LOMA LINDA UNIVERSITY SELF-EDUCATION CONSORTIUM
Case Number: 1:2023cv00688
Filed: March 14, 2023
Court: US District Court for the District of Columbia
Presiding Judge: Colleen Kollar-Kotelly
Nature of Suit: Administrative Procedure Act/Review or Appeal of Agency Decision
Cause of Action: 42 U.S.C. § 2000 Religion
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 28, 2023 Opinion or Order Filing 27 Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid re #26 Notice of Appeal to DC Circuit Court. (zjm)
April 28, 2023 Opinion or Order USCA Case Number 23-5096 for #26 Notice of Appeal to DC Circuit Court, filed by LOMA LINDA-INLAND CONSORTIUM FOR HEALTHCARE EDUCATION. (znmw)
April 27, 2023 Opinion or Order Filing 26 NOTICE OF APPEAL TO DC CIRCUIT COURT as to #24 Order, #25 Memorandum & Opinion by LOMA LINDA-INLAND CONSORTIUM FOR HEALTHCARE EDUCATION. Filing fee $ 505, receipt number ADCDC-10032000. Fee Status: Fee Paid. Parties have been notified. (Berkheimer, Michael)
April 11, 2023 Opinion or Order Filing 25 MEMORANDUM OPINION re #24 Order. Signed by Judge Colleen Kollar-Kotelly on April 11, 2023. (lcckk1)
April 11, 2023 Opinion or Order Filing 24 ORDER dismissing case sua sponte for lack of subject matter jurisdiction, denying as moot #6 Motion for Preliminary Injunction, and denying as moot #20 Motion to Transfer Venue. The Clerk of Court is respectfully directed to terminate all pending motions and close this case. Signed by Judge Colleen Kollar-Kotelly on April 11, 2023. (lcckk1)
April 6, 2023 Opinion or Order Filing 23 NOTICE OF CLOSURE OF REPRESENTATION-CASE HEARING IN CASE 31-RC-312064 by NATIONAL LABOR RELATIONS BOARD (Boehm, David)
April 6, 2023 Opinion or Order NOTICE OF ERROR regarding #22 Notice (Other). The following error(s) need correction: Incorrect format (Letter)- correspondence is not permitted (LCvR 5.1(a)). Please refile. (zjm)
April 5, 2023 Opinion or Order Filing 22 ENTERED IN ERROR.....NOTICE Regarding Conclusion of Submission of Evidence in Administrative Hearing in NLRB Case 31-RC-312064 by NATIONAL LABOR RELATIONS BOARD (Boehm, David) Modified on 4/6/2023 (zjm).
April 3, 2023 Opinion or Order Filing 21 REPLY to opposition to motion re #6 MOTION for Preliminary Injunction filed by LOMA LINDA-INLAND CONSORTIUM FOR HEALTHCARE EDUCATION. (See Docket Entry #20 to view document). (znmw)
April 3, 2023 Opinion or Order Filing 20 Memorandum in Opposition re #19 MOTION to Transfer Case to Central District of California and Opposition to Motion for Preliminary Injunction filed by LOMA LINDA-INLAND CONSORTIUM FOR HEALTHCARE EDUCATION. (Attachments: #1 Exhibit GC 21-04 Mandatory Submissions, #2 Exhibit JD-14-23 Saint Leo's University, Inc, #3 Exhibit Saint Leo's GC Brief, #4 Exhibit GC 23-04 Status Update, #5 Exhibit Board Docket, #6 Exhibit General Conference Articles of Incorporation, #7 Exhibit Declaration of Doukmetzian, #8 Exhibit Court Case Statistics, #9 Exhibit Stipulation from Representation Proceeding, #10 Exhibit Resident Job Description, #11 Exhibit Resident Training Agreement)(Berkheimer, Michael) Modified event title on 4/4/2023 (znmw).
March 31, 2023 Opinion or Order Filing 19 MOTION to Transfer Case to Central District of California and Opposition to Motion for Preliminary Injunction by NATIONAL LABOR RELATIONS BOARD. (Attachments: #1 Exhibit Stipulation Before Agency in Representation Case, #2 Exhibit Charge Filed by Union, #3 Exhibit Transcript Excerpts, #4 Exhibit Consortium Statement of Position, #5 Text of Proposed Order Proposed Order)(Boehm, David)
March 31, 2023 Opinion or Order Filing 18 RESPONSE re #6 MOTION for Preliminary Injunction and Motion to Transfer Venue filed by NATIONAL LABOR RELATIONS BOARD. (Attachments: #1 Exhibit Stipulation Before Agency in Representation Case, #2 Exhibit Charge Filed by Union, #3 Exhibit Transcript Excerpts, #4 Exhibit Consortium Statement of Position, #5 Text of Proposed Order Proposed Order)(Boehm, David)
March 28, 2023 Opinion or Order Filing 17 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General March 21, 2023. (Brooks, Samantha)
March 24, 2023 Opinion or Order Filing 16 NOTICE of Appearance by Jeffrey A. Berman on behalf of LOMA LINDA-INLAND CONSORTIUM FOR HEALTHCARE EDUCATION (Berman, Jeffrey)
March 24, 2023 Opinion or Order Filing 15 NOTICE of Appearance by Kevin Patrick Flanagan on behalf of NATIONAL LABOR RELATIONS BOARD (Flanagan, Kevin)
March 24, 2023 Opinion or Order MINUTE ORDER: For the reasons stated on the record, Defendant shall file its opposition to Plaintiff's #6 Motion for Preliminary Injunction on or before March 31, 2023, and Plaintiff shall file its reply on or before April 3, 2023. Pursuant to LCvR 65.1, the Court will rule on or before April 11, 2023. Signed by Judge Colleen Kollar-Kotelly on March 24, 2023. (lcckk1)
March 24, 2023 Opinion or Order NOTICE OF ERROR re #13 Summons Returned Executed as to US Attorney; emailed to sbrooks@seyfarth.com, cc'd 11 associated attorneys -- The PDF file you docketed contained errors: 1. Notice of Corrected Docket Entry: Your entry has been modified as a courtesy. Please note the appropriate reminders for future filings; do not refile document, 2. Please note the following for future filings; do not refile document, 3. Counsel reminded to file return of service for each individual and enter the date served or date of delivery.. (zjm, )
March 23, 2023 Opinion or Order Filing 14 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LOMA LINDA-INLAND CONSORTIUM FOR HEALTHCARE EDUCATION served on 3/21/2023 (Brooks, Samantha) Modified on 3/24/2023 to correct date served (zjm).
March 23, 2023 Opinion or Order Filing 13 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/16/2023. Answer due for ALL FEDERAL DEFENDANTS by 5/15/2023. (Brooks, Samantha) Modified on 3/24/2023 to correct date served and answer date (zjm).
March 23, 2023 Opinion or Order Filing 12 NOTICE of Appearance by Michael Dean Berkheimer on behalf of LOMA LINDA-INLAND CONSORTIUM FOR HEALTHCARE EDUCATION (Berkheimer, Michael)
March 23, 2023 Opinion or Order Minute Entry for videoconference proceedings held before Judge Colleen Kollar-Kotelly: Status Conference held on 3/23/2023. Scheduling Order forthcoming. (Court Reporter Lisa Edwards.) (dot)
March 22, 2023 Opinion or Order Filing 11 ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 3/22/23. (DM)
March 22, 2023 Opinion or Order Filing 10 NOTICE of Appearance by Tyler James Wiese on behalf of NATIONAL LABOR RELATIONS BOARD (Wiese, Tyler)
March 22, 2023 Opinion or Order Filing 9 NOTICE of Appearance by Aaron Samsel on behalf of NATIONAL LABOR RELATIONS BOARD (Samsel, Aaron) (Main Document 9 replaced on 3/22/2023) (zjm).
March 22, 2023 Opinion or Order Filing 8 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jeffrey A. Berman, Filing fee $ 100, receipt number ADCDC-9944323. Fee Status: Fee Paid. by LOMA LINDA-INLAND CONSORTIUM FOR HEALTHCARE EDUCATION. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Brooks, Samantha)
March 22, 2023 Opinion or Order RESOLVED...NOTICE of Provisional/Government Not Certified Status re #7 NOTICE of Appearance by David Paul Boehm on behalf of NATIONAL LABOR RELATIONS BOARD (Boehm, David).Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 3/29/2023. (zmrl) Modified on 3/22/2023 (zbaj).
March 22, 2023 Opinion or Order MINUTE ORDER granting #8 Motion for Leave to Appear Pro Hac Vice as to Jeffrey A. Berman. Counsel shall register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) forthwith #Click for instructions. Signed by Judge Colleen Kollar-Kotelly on March 22, 2023. (lcckk1)
March 21, 2023 Opinion or Order Set/Reset Hearings: Status Conference set for 3/23/2023 at 4:00 PM via Telephonic/VTC before Judge Colleen Kollar-Kotelly. (dot)
March 21, 2023 Opinion or Order Filing 7 NOTICE of Appearance by David Paul Boehm on behalf of NATIONAL LABOR RELATIONS BOARD (Boehm, David)
March 21, 2023 Opinion or Order Filing 6 MOTION for Preliminary Injunction by LOMA LINDA-INLAND CONSORTIUM FOR HEALTHCARE EDUCATION. (Attachments: #1 Memorandum in Support, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K, #13 Exhibit Exhibit L, #14 Exhibit Exhibit M, #15 Exhibit Exhibit N, #16 Exhibit Exhibit O, #17 Exhibit Exhibit P, #18 Text of Proposed Order Proposed Order)(Brooks, Samantha)
March 21, 2023 Opinion or Order Filing 5 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael Dean Berkheimer, Filing fee $ 100, receipt number ADCDC-9941729. Fee Status: Fee Paid. by LOMA LINDA-INLAND CONSORTIUM FOR HEALTHCARE EDUCATION. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Brooks, Samantha)
March 21, 2023 Opinion or Order MINUTE ORDER: The Court is in receipt of Plaintiff's renewed #5 Motion for Admission Pro Hac Vice as to Michael Berkheimer. Per the Court's March 17, 2023 minute order, counsel Berkheimer represents that he has since submitted an application for admission to the Bar of the United States District and Bankruptcy Courts for the District of Columbia. As such, Plaintiff's renewed #5 Motion for Admission Pro Hac Vice as to Michael Berkheimer is GRANTED. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) #Click for instructions. Signed by Judge Colleen Kollar-Kotelly on March 21, 2023. (lcckk1)
March 21, 2023 Opinion or Order MINUTE ORDER: The Court is in receipt of Plaintiff's #6 Motion for Preliminary Injunction, in which Plaintiff implies that counsel for Defendant, which has not yet been served, is aware of the #6 Motion. The parties shall appear for a status conference on March 23, 2023 at 4:00 PM ET, to proceed via Zoom. Plaintiff shall serve the #1 Complaint and #6 Motion via email upon counsel for Defendant forthwith if it has not done so already.. Signed by Judge Colleen Kollar-Kotelly on March 21, 2023. (lcckk1)
March 17, 2023 Opinion or Order MINUTE ORDER: The Court is in receipt of Plaintiff's #4 Motion for Admission Pro Hac Vice as to Michael Berkheimer. Counsel Berkheimer represents that they practice from an office located in the District of Columbia and that their application for admission to the Bar of the District of Columbia is pending. Counsel Berkheimer does not represent that they have applied for admission to the bar of this jurisdiction. Pursuant to LCvR 83.2(c)(2) and the comment thereto, the #13 Motion for Admission Pro Hac Vice as to Michael Berkheimer is DENIED WITHOUT PREJUDICE. The Court will grant admission pro hac vice only after counsel Berkheimer submits an Application for Admission to the Bar of the United States District and Bankruptcy Courts for the District of Columbia. Signed by Judge Colleen Kollar-Kotelly on March 17, 2023. (lcckk1)
March 16, 2023 Opinion or Order Filing 4 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael Berkheimer, Filing fee $ 100, receipt number ADCDC-9932177. Fee Status: Fee Paid. by LOMA LINDA-INLAND CONSORTIUM FOR HEALTHCARE EDUCATION. (Attachments: #1 Declaration Declaration of Michael Berkheimer, #2 Text of Proposed Order Proposed Order)(Brooks, Samantha)
March 15, 2023 Opinion or Order Filing 3 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by LOMA LINDA-INLAND CONSORTIUM FOR HEALTHCARE EDUCATION (Brooks, Samantha)
March 15, 2023 Opinion or Order Filing 2 SUMMONS (3) Issued Electronically as to NATIONAL LABOR RELATIONS BOARD, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(zsl)
March 15, 2023 Opinion or Order Case Assigned to Judge Colleen Kollar-Kotelly. (zsl)
March 14, 2023 Opinion or Order Filing 1 COMPLAINT against NATIONAL LABOR RELATIONS BOARD ( Filing fee $ 402 receipt number ADCDC-9925503) filed by LOMA LINDA-INLAND CONSORTIUM FOR HEALTHCARE EDUCATION D/B/A LOMA LINDA UNIVERSITY SELF-EDUCATION CONSORTIUM. (Attachments: #1 Civil Cover Sheet, #2 Summons Attorney General, #3 Summons DC USAA, #4 Summons NLRB)(Brooks, Samantha)

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Not classified by court: NATIONAL LABOR RELATIONS BOARD
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Not classified by court: LOMA LINDA-INLAND CONSORTIUM FOR HEALTHCARE EDUCATION D/B/A LOMA LINDA UNIVERSITY SELF-EDUCATION CONSORTIUM
Represented By: Samantha Leader Brooks
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Plaintiff: LOMA LINDA-INLAND CONSORTIUM FOR HEALTHCARE EDUCATION doing business as LOMA LINDA UNIVERSITY SELF-EDUCATION CONSORTIUM
Represented By: Michael Dean Berkheimer
Represented By: Samantha Leader Brooks
Represented By: Jeffrey A. Berman
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