Associated General Contractors of America Inc et al v. Federal Acquisition Regulatory Council et al
| Associated General Contractors of America Inc, Louisiana Associated General Contractors Inc, Lincoln Builders Inc, Progressive Construction Co L L C, J B Mouton L L C, Bulliard Construction Co Inc, Boggs & Poole Contracting Group Inc, Pat Williams Construction L L C, Don M Barron Contractor Inc and Rigid Constructors L L C |
| Federal Acquisition Regulatory Council, Jeffrey A Koses, Joseph R Biden, Jr, Office of Federal Procurement Policy, Christine J. Harada, Department of Defense, John Tenaglia, National Aeronautics & Space Administration, Karla S Jackson, General Services Administration, Christine J Harada and Dept of Defense |
| 6:2024cv00037 |
| January 10, 2024 |
| US District Court for the Western District of Louisiana |
| David J Ayo |
| S Maurice Hicks |
| David C Joseph |
| Other Statutory Actions |
| 28 U.S.C. § 2201 Declaratory Judgment |
| None |
Docket Report
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This docket was last retrieved on March 12, 2024. A more recent docket listing may be available from PACER.
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| Filing 38 SUR-REPLY re #2 MOTION for Preliminary Injunction, MOTION to Stay filed by Joseph R Biden, Jr, Dept of Defense, Federal Acquisition Regulatory Council, General Services Administration, Christine J Harada, Karla S Jackson, Jeffrey A Koses, National Aeronautics & Space Administration, Office of Federal Procurement Policy, John Tenaglia. (crt,Bunting, M) |
Filing 37
ORDER granting #36 Motion for Leave to File a Sur-Reply. Signed by Judge David C Joseph on 3/7/2024. (crt,Bunting, M)
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| Filing 36 MOTION to Strike #32 Reply to Response to Motion,,,, #34 Affidavit, , Unopposed MOTION for Leave to File Sur-Reply with consent (Motion Ripe Deadline set for 3/7/2024.) by All Defendants. Motions referred to David J Ayo. (Attachments: #1 Proposed Sur-Reply, #2 Proposed Order)(aty,Gerardi, Michael) |
| Motions Transferred regarding #36 MOTION to Strike #32 Reply to Response to Motion, #34 Affidavit, Unopposed MOTION for Leave to File Sur-Reply with consent. Motions referred to Judge David C Joseph. (crt,Bunting, M) |
| Filing 35 RESPONSE to Motion re #33 MOTION to Dismiss for Lack of Jurisdiction MOTION to Transfer Case filed by Associated General Contractors of America Inc, Boggs & Poole Contracting Group Inc, Bulliard Construction Co Inc, Don M Barron Contractor Inc, J B Mouton L L C, Lincoln Builders Inc, Louisiana Associated General Contractors Inc, Pat Williams Construction L L C, Progressive Construction Co L L C, Rigid Constructors L L C. (aty,Maraist, Catherine) |
| Filing 34 AFFIDAVIT re #32 Reply to Response to Motion,,,, by Associated General Contractors of America Inc, Boggs & Poole Contracting Group Inc, Bulliard Construction Co Inc, Don M Barron Contractor Inc, J B Mouton L L C, Lincoln Builders Inc, Louisiana Associated General Contractors Inc, Pat Williams Construction L L C, Progressive Construction Co L L C, Rigid Constructors L L C. (aty,Maraist, Catherine) |
| Motions Transferred regarding #33 MOTION to Dismiss for Lack of Jurisdiction and MOTION to Transfer Case. Motions referred to Judge David C Joseph. (crt,LaCombe, L) |
| Filing 33 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Transfer Case by All Defendants. Motions referred to David J Ayo. (Attachments: #1 Memorandum / Brief, #2 Ex. A: FPDS Data (Boggs), #3 Ex. B: FPDS Data (Bulliard), #4 Ex. C: FPDS Data (Barron), #5 Ex. D: FPDS Data (Mouton), #6 Ex. E: FPDS Data (Lincoln), #7 Ex. F: FPDS Data (Progressive), #8 Ex. G: FPDS Data (Rigid), #9 Ex. H: FPDS Data (Pat Williams), #10 Ex. I: AFB Barksdale Child Care Center RFI)(aty,Gerardi, Michael) |
| Filing 32 REPLY to Response to Motion re #2 MOTION for Preliminary Injunction MOTION to Stay filed by Associated General Contractors of America Inc, Boggs & Poole Contracting Group Inc, Bulliard Construction Co Inc, Don M Barron Contractor Inc, J B Mouton L L C, Lincoln Builders Inc, Louisiana Associated General Contractors Inc. (Attachments: #1 Declaration of Ronald S Barron, #2 Declaration of Stuart Francois Billeaud, #3 Declaration of Ander Michael Boggs, #4 Declaration of Thomas Knight Bulliard, II, #5 Declaration of Jared Cavys, #6 Declaration of Mark Comeaux, #7 Declaration of Clint Graham, #8 Declaration of Todd Urbina, #9 Declaration of George Rogers, #10 Exhibit 1, #11 Exhibit 2, #12 Exhibit 3, #13 Exhibit 4, #14 Exhibit 5, #15 Exhibit 6, #16 Exhibit 7, #17 Declaration of Jordan Howard, #18 Exhibit 1, #19 Exhibit 2, #20 Exhibit 3, #21 Exhibit 4, #22 Exhibit 5, #23 Exhibit 6, #24 Exhibit 7, #25 Exhibit 8)(crt,Bunting, M) |
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Filing 31
ORDER granting #29 Motion for Leave to File Excess Pages. Signed by Judge David C Joseph on 2/28/2024. (crt,Bunting, M)
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| Filing 30 PROPOSED ORDER/JUDGMENT re #29 Motion for Leave to File Excess Parish by Associated General Contractors of America Inc, Boggs & Poole Contracting Group Inc, Bulliard Construction Co Inc, Don M Barron Contractor Inc, J B Mouton L L C, Lincoln Builders Inc, Louisiana Associated General Contractors Inc, Pat Williams Construction L L C, Progressive Construction Co L L C, Rigid Constructors L L C. (aty,Maraist, Catherine) Modified to add docket entry relationship on 2/27/2024 (Bunting, M). |
| Motions Transferred regarding #29 MOTION for Leave to File Excess Pages . Motions referred to Judge David C Joseph. (crt,Bunting, M) |
| Filing 29 MOTION for Leave to File Excess Pages by All Plaintiffs. Motions referred to David J Ayo. Motion Ripe Deadline set for 2/26/2024. (Attachments: #1 Proposed pleading, #2 Affidavit, #3 Affidavit, #4 Affidavit, #5 Affidavit, #6 Affidavit, #7 Affidavit, #8 Affidavit, #9 Affidavit, #10 Affidavit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Affidavit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit)(aty,Maraist, Catherine) See #30 Proposed Order. |
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Filing 28
ELECTRONIC ORDER: In consideration of the Amended Complaint filed by Plaintiffs [Doc. 27], the #19 Motion to Transfer Case and #19 Motion to Dismiss for Lack of Jurisdiction are DENIED AS MOOT. Any renewed Rule 12 motion by Defendants shall be filed by the close of business on Wednesday, February 28, 2024 and any opposition shall be filed by the close of business on Monday, March 4, 2024. No replies are permitted. Signed by Judge David C Joseph on 2/26/2024. (crt,LaCombe, L)
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| Filing 27 FIRST AMENDED COMPLAINT against All Defendants filed by Louisiana Associated General Contractors Inc, Associated General Contractors of America Inc, Lincoln Builders, Inc., Progressive Construction Company, LLC, J.B. Mouton, L.L.C., Bulliard Construction Company, Inc., Boggs and Poole Contracting Group, Inc., Pat Williams Construction, LLC, Don M. Barron Contractor, Inc., Rigid Constructors, LLC.(Attorney Catherine Minter Maraist added to party Boggs and Poole Contracting Group, Inc.(pty:pla), Attorney Catherine Minter Maraist added to party Don M. Barron Contractor, Inc.(pty:pla), Attorney Catherine Minter Maraist added to party J.B. Mouton, L.L.C.(pty:pla), Attorney Catherine Minter Maraist added to party Lincoln Builders, Inc.(pty:pla), Attorney Catherine Minter Maraist added to party Progressive Construction Company, LLC(pty:pla), Attorney Catherine Minter Maraist added to party Bulliard Construction Company, Inc.(pty:pla), Attorney Catherine Minter Maraist added to party Rigid Constructors, LLC(pty:pla), Attorney Catherine Minter Maraist added to party Pat Williams Construction, LLC(pty:pla))(aty,Maraist, Catherine) Modified docket text on 2/26/2024 (Bunting, M). |
| Filing 26 ELECTRONIC MINUTE ENTRY: Status Conference previously set for 2/28/2024 at 2:00 PM has been RESET for 3/14/2024 at 2:00 PM via Zoom Video Conference before Judge David C Joseph. Signed by Judge David C Joseph on 2/23/2024. (crt,LaCombe, L) |
| Filing 25 MEMORANDUM in Opposition re #2 MOTION for Preliminary Injunction MOTION to Stay filed by Joseph R Biden, Jr, Dept of Defense, Federal Acquisition Regulatory Council, General Services Administration, Christine J Harada, Karla S Jackson, Jeffrey A Koses, National Aeronautics & Space Administration, Office of Federal Procurement Policy, John Tenaglia. (crt,Bunting, M) |
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Filing 24
ORDER granting #23 Motion for Leave to File Excess Pages. Signed by Judge David C Joseph on 2/20/2024. (crt,Bunting, M)
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| Motions Transferred regarding #23 Unopposed MOTION for Leave to File Excess Pages in Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction. Motions referred to Judge S Maurice Hicks, Jr. (crt,Bunting, M) |
| Motions Transferred regarding #23 Unopposed MOTION for Leave to File Excess Pages in Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction. Motions referred to Judge David C Joseph. (crt,Bunting, M) |
| Filing 23 Unopposed MOTION for Leave to File Excess Pages in Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction by All Defendants. Motions referred to David J Ayo. Motion Ripe Deadline set for 2/16/2024. (Attachments: #1 Memorandum / Brief, #2 Text of proposed order)(aty,Goodnature, Taisa) |
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Filing 22
ORDER granting #21 Motion for Extension of Time to File Response/Reply re #21 Unopposed MOTION for Extension of Time to File Response/Reply as to #19 MOTION to Transfer Case, MOTION to Dismiss for Lack of Jurisdiction, #19 MOTION to Transfer Case MOTION to Dismiss for Lack of Jurisdiction Replies due by 3/8/2024.. Signed by Judge David C Joseph on 2/14/2024. (crt,Bunting, M)
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| Filing 21 Unopposed MOTION for Extension of Time to File Response/Reply as to #19 MOTION to Transfer Case, MOTION to Dismiss for Lack of Jurisdiction by All Defendants. Motions referred to David J Ayo. Motion Ripe Deadline set for 2/13/2024. (Attachments: #1 Proposed Order)(aty,Gerardi, Michael) Modified docket text on 2/13/2024 (Miletello, A). |
| Motions Transferred regarding #21 Unopposed MOTION for Extension of Time to File Response/Reply as to #19 MOTION to Transfer Case, MOTION to Dismiss for Lack of Jurisdiction. Motions referred to Judge David C Joseph. (crt,Miletello, A) |
| Filing 20 NOTICE of Motion Setting regarding: #19 MOTION to Transfer Case MOTION to Dismiss for Lack of Jurisdiction . Motions referred to Judge David C Joseph. (crt,Bunting, M) |
| Filing 19 MOTION to Transfer Case , MOTION to Dismiss for Lack of Jurisdiction by Joseph R Biden, Jr, Dept of Defense, Federal Acquisition Regulatory Council, General Services Administration, Christine J Harada, Karla S Jackson, Jeffrey A Koses, National Aeronautics & Space Administration, Office of Federal Procurement Policy, John Tenaglia. Motions referred to David J Ayo. (Attachments: #1 Memorandum / Brief)(aty,Gerardi, Michael) |
| Filing 18 MINUTES for proceedings held before Judge David C Joseph. STATUS CONFERENCE held via Zoom Video Conference on 1/26/2024. Defendant's shall filed Opposition to #2 MOTION for Preliminary Injunction on or before 2/16/2024. Plaintiff's Reply due on or before 2/26/2024. A Zoom Status Conference is set for 2/28/2024 at 2:00 PM before Judge David C Joseph, if necessary. Motion Hearing/Bench Trial set 3/19/2024 at 10:00 AM in Lafayette, Courtroom 1 before Judge David C Joseph. The Court will set aside two days for trial. (crt,LaCombe, L) |
| Filing 17 NOTICE of Appearance by Taisa M Goodnature on behalf of Joseph R Biden, Jr, Dept of Defense, Federal Acquisition Regulatory Council, General Services Administration, Christine J Harada, Karla S Jackson, Jeffrey A Koses, National Aeronautics & Space Administration, Office of Federal Procurement Policy, John Tenaglia (Attorney Taisa M Goodnature added to party Joseph R Biden, Jr(pty:dft), Attorney Taisa M Goodnature added to party Dept of Defense(pty:dft), Attorney Taisa M Goodnature added to party Federal Acquisition Regulatory Council(pty:dft), Attorney Taisa M Goodnature added to party General Services Administration(pty:dft), Attorney Taisa M Goodnature added to party Christine J Harada(pty:dft), Attorney Taisa M Goodnature added to party Karla S Jackson(pty:dft), Attorney Taisa M Goodnature added to party Jeffrey A Koses(pty:dft), Attorney Taisa M Goodnature added to party National Aeronautics & Space Administration(pty:dft), Attorney Taisa M Goodnature added to party Office of Federal Procurement Policy(pty:dft), Attorney Taisa M Goodnature added to party John Tenaglia(pty:dft)) (aty,Goodnature, Taisa) |
| Filing 16 NOTICE of Appearance by Michael J Gerardi on behalf of Joseph R Biden, Jr, Dept of Defense, Federal Acquisition Regulatory Council, General Services Administration, Christine J Harada, Karla S Jackson, Jeffrey A Koses, National Aeronautics & Space Administration, Office of Federal Procurement Policy, John Tenaglia (Attorney Michael J Gerardi added to party Joseph R Biden, Jr(pty:dft), Attorney Michael J Gerardi added to party Dept of Defense(pty:dft), Attorney Michael J Gerardi added to party Federal Acquisition Regulatory Council(pty:dft), Attorney Michael J Gerardi added to party General Services Administration(pty:dft), Attorney Michael J Gerardi added to party Christine J Harada(pty:dft), Attorney Michael J Gerardi added to party Karla S Jackson(pty:dft), Attorney Michael J Gerardi added to party Jeffrey A Koses(pty:dft), Attorney Michael J Gerardi added to party National Aeronautics & Space Administration(pty:dft), Attorney Michael J Gerardi added to party Office of Federal Procurement Policy(pty:dft), Attorney Michael J Gerardi added to party John Tenaglia(pty:dft)) (aty,Gerardi, Michael) |
| Filing 15 ELECTRONIC MINUTE ENTRY: Scheduling Conference set for 1/26/2024 at 2:00 PM via Zoom Video Conference before Judge David C Joseph. An email invitation will be sent to all counsel of record prior to the conference. Signed by Judge David C Joseph on 1/25/2024. (crt,LaCombe, L) |
| Filing 14 CORPORATE DISCLOSURE STATEMENT by Louisiana Associated General Contractors Inc. (aty,Maraist, Catherine) |
| Filing 13 CORPORATE DISCLOSURE STATEMENT by Associated General Contractors of America Inc. (aty,Maraist, Catherine) |
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Filing 12
ORDER granting #9 Motion to Appear Pro Hac Vice for appearance of Daniel W Wolff for Associated General Contractors of America Inc,Daniel W Wolff for Louisiana Associated General Contractors Inc. Signed by Magistrate Judge David J Ayo on 1/22/2024. (crt,Bunting, M)
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Filing 11
ORDER granting #8 Motion to Appear Pro Hac Vice for appearance of Thomas P Gies for Associated General Contractors of America Inc,Thomas P Gies for Louisiana Associated General Contractors Inc. Signed by Magistrate Judge David J Ayo on 1/22/2024. (crt,Bunting, M)
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| Filing 10 CORRECTIVE DOCUMENT by Associated General Contractors of America Inc, Louisiana Associated General Contractors Inc. Amendment to #9 MOTION for Daniel W. Wolff to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5830183). (aty,Maraist, Catherine) Modified docket text on 1/19/2024 (Bunting, M). |
| Filing 9 MOTION for Daniel W. Wolff to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5830183) by All Plaintiffs. Motions referred to David J Ayo. Motion Ripe Deadline set for 1/19/2024. (Attachments: #1 Certificate of good standing, #2 Proposed order)(aty,Maraist, Catherine) See #10 for Corrected Order. |
| Filing 8 MOTION for Thomas P. Gies to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5830149) by All Plaintiffs. Motions referred to David J Ayo. Motion Ripe Deadline set for 1/19/2024. (Attachments: #1 Certificate of good standing, #2 Proposed order)(aty,Maraist, Catherine) |
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Filing 7
ELECTRONIC MINUTE ENTRY: IT IS ORDERED that once Plaintiffs have served the Defendants, the parties are instructed to contact the Court to request a scheduling conference to determine a briefing schedule and hearing date on Plaintiffs' request for a preliminary injunction. Signed by Judge David C Joseph on 1/18/2024. (crt,LaCombe, L)
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| Filing 6 ELECTRONIC MINUTE ENTRY issued by the Clerk. In accordance with Standing Order 1.62, this matter is hereby reassigned. Case reassigned to Judge David C Joseph. Judge S Maurice Hicks, Jr no longer assigned to case. All future filings should bear the name of the new judge assignment. (crt,Alexander, E) |
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Filing 5
ORDER OF RECUSAL. Referred to Chief Judge for reassignment. Signed by Judge S Maurice Hicks, Jr on 1/12/2024. (crt,Keifer, K)
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| Filing 4 SUMMONS ISSUED as to U S Attorney, U S Attorney General, Federal Acquisition Regulatory Council, Jeffrey A Koses, Joseph R Biden Jr, Office of Federal Procurement Policy, Christine J Harada, Department of Defense, John Tenaglia, National Aeronautics & Space Administration, Karla S Jackson, General Services Administration. (crt,Bunting, M) |
| Filing 3 NOTICE of Corporate Disclosure Statement Requirement re: #1 Complaint, sent to Catherine Minter Maraist on behalf of Associated General Contractors of America Inc, Louisiana Associated General Contractors Inc. Corporate Disclosure Statement due by 1/24/2024. (crt,Bunting, M) |
| Filing 2 MOTION for Preliminary Injunction by All Plaintiffs. Motion Ripe Deadline set for 1/10/2024. (Attachments: #1 Memorandum / Brief, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(aty,Maraist, Catherine). Added MOTION to Stay on 1/10/2024 (Bunting, M). Modified to add additional relief requested on 1/10/2024 (Bunting, M). |
| Filing 1 COMPLAINT against All Defendants (Filing fee $405, receipt number ALAWDC-5820458) filed by Louisiana Associated General Contractors Inc, Associated General Contractors of America.(Attorney Catherine Minter Maraist added to party Louisiana Associated General Contractors Inc(pty:pet), Attorney Catherine Minter Maraist added to party Associated General Contractors of America(pty:pet))(aty,Maraist, Catherine) Modified docket text on 1/10/2024 (Bunting, M). |
| CASE Assigned to Judge S Maurice Hicks, Jr and Magistrate Judge David J Ayo. (crt,Bunting, M) |
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