VHS ACQUISITION SUBSIDIARY NUMBER 7, INC. v. NATIONAL LABOR RELATIONS BOARD et al
| VHS ACQUISITION SUBSIDIARY NUMBER 7, INC. doing business as SAINT VINCENT HOSPITAL |
| GWYNNE A. WILCOX, MARVIN E. KAPLAN, LAUREN M MCFERRAN, DAVID M. PROUTY, JENNIFER ABRUZZO, NATIONAL LABOR RELATIONS BOARD and SUSANNAH MERRITT |
| AFL-CIO |
| 1:2024cv02577 |
| September 9, 2024 |
| US District Court for the District of Columbia |
| Trevor N McFadden |
| Administrative Procedure Act/Review or Appeal of Agency Decision |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on December 10, 2024. A more recent docket listing may be available from PACER.
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Filing 27
NOTICE of ALJ Order by NATIONAL LABOR RELATIONS BOARD, JENNIFER ABRUZZO, LAUREN M MCFERRAN, MARVIN E. KAPLAN, GWYNNE A. WILCOX, DAVID M. PROUTY, SUSANNAH MERRITT (Attachments: #1 Exhibit ALJ Order dated 11/7/24, #2 Exhibit NLRB Board Order dated 10/30/24)(Ewasiuk, Craig)
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Filing 26
MOTION to Clarify re 10/10/2024 MINUTE Order, and MOTION for Telephone Conference by VHS ACQUISITION SUBSIDIARY NUMBER 7, INC. (See docket entry 25 to view document). (mg)
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Filing 25
SUPPLEMENTAL MEMORANDUM to re #22 Notice (Other), and Request for Clarification on Status of Order, or in the Alternative, a Telephonic Status Conference filed by VHS ACQUISITION SUBSIDIARY NUMBER 7, INC.. (Attachments: #1 Exhibit A-Docket, #2 Exhibit B-Oct 30 2024 email)(Thompson, Jacquelyn)
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Filing 24
REPLY to opposition to motion re #16 Motion to Dismiss/Lack of Jurisdiction,, Motion for Summary Judgment, filed by JENNIFER ABRUZZO, MARVIN E. KAPLAN, LAUREN M MCFERRAN, SUSANNAH MERRITT, NATIONAL LABOR RELATIONS BOARD, DAVID M. PROUTY, GWYNNE A. WILCOX. (Attachments: #1 Exhibit Excerpts of 9.10.24 Motion-Hearing Transcript, #2 Exhibit Fifth Circuit Unpublished Order in Amazon.com Services v. NLRB)(Ewasiuk, Craig)
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Filing 23
RESPONSE re #22 Notice (Other), Plaintiff's Response to Defendants' Response to October 10, 2024 Minute Order filed by VHS ACQUISITION SUBSIDIARY NUMBER 7, INC.. (Thompson, Jacquelyn)
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Filing 22
NOTICE of agreement to stay underlying administrative proceedings by JENNIFER ABRUZZO, MARVIN E. KAPLAN, LAUREN M MCFERRAN, SUSANNAH MERRITT, NATIONAL LABOR RELATIONS BOARD, DAVID M. PROUTY, GWYNNE A. WILCOX (Attachments: #1 Exhibit Ex. A (9/30/24 Scheduling Order), #2 Exhibit Ex. B (10/11/24 GC Motion), #3 Exhibit Ex. C (10/11/24 ALJ Order))(Ewasiuk, Craig)
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Filing 21
Memorandum in opposition to re #16 Motion to Dismiss/Lack of Jurisdiction,, Motion for Summary Judgment, filed by VHS ACQUISITION SUBSIDIARY NUMBER 7, INC.. (Attachments: #1 Text of Proposed Order)(Thompson, Jacquelyn)
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Filing 20
REPLY to opposition to motion re #12 Motion for Summary Judgment filed by VHS ACQUISITION SUBSIDIARY NUMBER 7, INC.. (Attachments: #1 Text of Proposed Order)(Thompson, Jacquelyn)
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MINUTE ORDER: On consideration of Defendant's #10 Notice of Motion for Consolidation, the Court ORDERS Defendant to indicate whether it agrees to stay the underlying proceedings before the NLRB (Board Case No. 01-CA-290852 et al.) pending resolution of the Motion for Consolidation in Avila v. NLRB, No. 1:24-cv-01688-RC. Defendant is directed to file a notice to that effect no later than October 15, 2024. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/10/2024. (lctnm3)
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NOTICE of Provisional/Government Not Certified Status re #18 MOTION for Leave to File Amicus Brief by AFL-CIO. (Attachments: # 1 Proposed order, # 2 AFL-CIO Amicus Brief)(Becker, Craig).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 10/16/2024. (zapb) RESOLVED.....10/9/2024 (zhcn).
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Filing 19
AMICUS BRIEF by AFL-CIO. (mg)
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MINUTE ORDER: The #18 Motion for Leave to File Amicus Brief by AFL-CIO is GRANTED. The Clerk of Court is directed to docket [18-2] accordingly. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/08/2024. (lctnm3).
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Filing 18
MOTION for Leave to File Amicus Brief by AFL-CIO. (Attachments: #1 Proposed order, #2 AFL-CIO Amicus Brief)(Becker, Craig)
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Filing 17
Memorandum in opposition to re #12 Motion for Summary Judgment filed by JENNIFER ABRUZZO, MARVIN E. KAPLAN, LAUREN M MCFERRAN, SUSANNAH MERRITT, NATIONAL LABOR RELATIONS BOARD, DAVID M. PROUTY, GWYNNE A. WILCOX. (Attachments: #1 Statement of Facts, #2 Text of Proposed Order)(Ewasiuk, Craig)
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Filing 16
MOTION to Dismiss for Lack of Jurisdiction , Cross MOTION for Summary Judgment by JENNIFER ABRUZZO, MARVIN E. KAPLAN, LAUREN M MCFERRAN, SUSANNAH MERRITT, NATIONAL LABOR RELATIONS BOARD, DAVID M. PROUTY, GWYNNE A. WILCOX. (Attachments: #1 Statement of Facts, #2 Text of Proposed Order)(Ewasiuk, Craig)
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Filing 15
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/19/2024. (Thompson, Jacquelyn)
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Filing 14
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JENNIFER ABRUZZO served on 9/18/2024; MARVIN E. KAPLAN served on 9/18/2024; LAUREN M MCFERRAN served on 9/18/2024; SUSANNAH MERRITT served on 9/18/2024; NATIONAL LABOR RELATIONS BOARD served on 9/18/2024; DAVID M. PROUTY served on 9/18/2024; GWYNNE A. WILCOX served on 9/18/2024 (Thompson, Jacquelyn)
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Filing 13
RESPONSE re #10 Notice (Other), Opposition to Notice and Motion to Consolidate filed by VHS ACQUISITION SUBSIDIARY NUMBER 7, INC.. (Thompson, Jacquelyn)
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Filing 12
MOTION for Summary Judgment as to Its Request for a Preliminary Injunction by VHS ACQUISITION SUBSIDIARY NUMBER 7, INC.. (Attachments: #1 Text of Proposed Order)(Thompson, Jacquelyn)
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Filing 11
NOTICE of Voluntary Dismissal Without Prejudice of Count II in the Complaint for Declaratory and Injunctive Relief by VHS ACQUISITION SUBSIDIARY NUMBER 7, INC. (Thompson, Jacquelyn)
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MINUTE ORDER: Having considered Plaintiffs' #11 Notice of Voluntary Dismissal of Count II, the Court ORDERS that Count II is DISMISSED WITHOUT PREJUDICE. Dismissal is proper under Fed. R. Civ. P. 41(a)(1)(A)(i) because Defendants have not served an answer or motion for summary judgment. SO ORDERED. Signed by Judge Trevor N. McFadden on 09/20/2024. (lctnm3)
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Filing 10
NOTICE of Motion to Consolidate by JENNIFER ABRUZZO, MARVIN E. KAPLAN, LAUREN M MCFERRAN, SUSANNAH MERRITT, NATIONAL LABOR RELATIONS BOARD, DAVID M. PROUTY, GWYNNE A. WILCOX (Attachments: #1 Exhibit Motion to Consolidate)(Ewasiuk, Craig)
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Filing 9
TRANSCRIPT OF MOTION HEARING before Judge Trevor N. McFadden held on September 10, 2024; Page Numbers: 1-29. Date of Issuance: September 12, 2024. Court Reporter/Transcriber Lisa Edwards. Telephone number (202) 354-3269. 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 10/3/2024. Redacted Transcript Deadline set for 10/13/2024. Release of Transcript Restriction set for 12/11/2024.(Edwards, Lisa)
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Filing 8
NOTICE of Appearance by Craig Richard Ewasiuk on behalf of All Defendants (Ewasiuk, Craig) (Main Document 8 replaced on 9/12/2024) (mg).
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Filing 7
NOTICE of Appearance by Paul Augustus Thomas on behalf of All Defendants (Thomas, Paul) (Main Document 7 replaced on 9/11/2024) (mg).
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Filing 6
SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (mg)
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MINUTE ORDER: An in-person hearing will be held on 9/10/2024 at 3:30 pm in Courtroom 2 on the #3 Motion for Temporary Restraining Order and Preliminary Injunction. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/10/2024. (lctnm3).
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Minute Entry for proceedings held before Judge Trevor N. McFadden: Motion Hearing held on 9/10/2024. Plaintiff's #3 Motion for Temporary Restraining Order, DENIED. Plaintiff's Motion for Summary Judgment due by 9/20/2024. Defendants' Combined Opposition to Plaintiff's Motion for Summary Judgment and Cross-Motion due by 10/4/2024. Plaintiff's Combined Reply and Opposition due by 10/11/2024. Defendants' Reply due by 10/16/2024. (Court Reporter: Lisa Edwards.) (hmc)
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Filing 5
REQUEST FOR SUMMONS TO ISSUE U.S. Attorney General and U.S. Attorney filed by VHS ACQUISITION SUBSIDIARY NUMBER 7, INC.. (Attachments: #1 Summons US Attorney)(Thompson, Jacquelyn)
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Filing 4
SUMMONS (7) Issued Electronically as to All Defendants. (Attachments: #1 Notice and Consent)(znmw)
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Filing 3
MOTION for Temporary Restraining Order , MOTION for Injunction by VHS ACQUISITION SUBSIDIARY NUMBER 7, INC.. (Attachments: #1 Declaration of Michael Spagnola, #2 Plaintiff's Certificate of Counsel for the Motion for a Restraining Order, #3 Text of Proposed Order)(Thompson, Jacquelyn)
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Filing 2
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by VHS ACQUISITION SUBSIDIARY NUMBER 7, INC. (Thompson, Jacquelyn)
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Filing 1
COMPLAINT for Declaratory and Injunctive Relief against JENNIFER ABRUZZO, MARVIN E. KAPLAN, LAUREN M MCFERRAN, SUSANNAH MERRITT, NATIONAL LABOR RELATIONS BOARD, DAVID M. PROUTY, GWYNNE A. WILCOX ( Filing fee $ 405 receipt number ADCDC-11143639) filed by VHS ACQUISITION SUBSIDIARY NUMBER 7, INC.. (Attachments: #1 Civil Cover Sheet, #2 Summons National Labor Relations Board, #3 Summons Jennifer Abruzzo, #4 Summons Lauren McFerran, #5 Summons Marvin Kaplan, #6 Summons Gwynne Wilcox, #7 Summons David Prouty, #8 Summons Susnnah Merritt)(Thompson, Jacquelyn)
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Case Assigned to Judge Trevor N. McFadden. (znmw)
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NOTICE OF NEW CASE ERROR regarding #1 Complaint,,. The following error(s) need correction: Missing summonses- U.S. government. When naming a U.S. government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (znmw)
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