State Of Texas v. United States Department of Labor et al
| Associated Builders and Contractors, International Franchise Association, National Retail Federation, National Association of Convenience Stores, National Association of Wholesaler-Distributors, DASE BLINDS, American Hotel and Lodging Association, State Of Texas, Restaurant Law Center, NATIONAL FEDERATION OF INDEPENDENT BUSINESS, INC., NATIONAL ASSOCIATION OF HOME BUILDERS, COOPER GENERAL CONTRACTORS, Plano Chamber of Commerce and Texas Restaurant Association |
| United States Department of Labor, Principal Deputy Adm Jessica Looman, Julie A Su, The Wage and Hour Division of the Department of Labor, Jessica Looman, Julie Su and U.S. Department of Labor |
| States of Arkansas, Alabama, Georgia, Idaho, Indiana, Iowa, Louisiana, Mississippi, Montana, Nebraska, Ohio, Oklahoma, South Carolina and West Virginia and The Chamber of Commerce of the United States of America |
| 4:2024cv00499 |
| June 3, 2024 |
| U.S. District Court for the Eastern District of Texas |
| Sean D Jordan |
| Other Statutory Actions |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on November 15, 2024. A more recent docket listing may be available from PACER.
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Filing 53
PROPOSED BRIEF filed by States of Arkansas, Alabama, Georgia, Idaho, Indiana, Iowa, Louisiana, Mississippi, Montana, Nebraska, Ohio, Oklahoma, South Carolina and West Virginia. (Steinberg, Asher)
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Filing 52
MOTION for Leave to File an Amicus Brief by States of Arkansas, Alabama, Georgia, Idaho, Indiana, Iowa, Louisiana, Mississippi, Montana, Nebraska, Ohio, Oklahoma, South Carolina and West Virginia. (Attachments: #1 Proposed Order)(Steinberg, Asher)
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Filing 51
NOTICE of Attorney Appearance by Nicholas J. Bronni on behalf of States of Arkansas, Alabama, Georgia, Idaho, Indiana, Iowa, Louisiana, Mississippi, Montana, Nebraska, Ohio, Oklahoma, South Carolina and West Virginia (Bronni, Nicholas)
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Filing 50
NOTICE of Attorney Appearance by Asher Steinberg on behalf of States of Arkansas, Alabama, Georgia, Idaho, Indiana, Iowa, Louisiana, Mississippi, Montana, Nebraska, Ohio, Oklahoma, South Carolina and West Virginia (Steinberg, Asher)
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Filing 49
ORDER granting #47 Motion for Leave to File. The Chamber of Commerce's amicus brief, (Dkt. #47-1), is deemed properly filed. Signed by District Judge Sean D. Jordan on 7/26/2024. (dlw)
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Filing 48
MOTION for Summary Judgment by State Of Texas. (Attachments: #1 Exhibit, #2 Proposed Order)(Hunker, Kathleen)
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Filing 47
UNOPPOSED MOTION for Leave to File Amicus Brief by The Chamber of Commerce of the United States of America. (Attachments: #1 Exhibit A - Amicus Brief)(Schoonmaker, Linda) (Additional attachment(s) added on 7/26/2024: #2 Proposed Order) (dlw).
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Filing 46
MOTION for Summary Judgment by American Hotel and Lodging Association, Associated Builders and Contractors, COOPER GENERAL CONTRACTORS, DASE BLINDS, International Franchise Association, NATIONAL ASSOCIATION OF HOME BUILDERS, NATIONAL FEDERATION OF INDEPENDENT BUSINESS, INC., National Association of Convenience Stores, National Association of Wholesaler-Distributors, National Retail Federation, Plano Chamber of Commerce, Restaurant Law Center, Texas Restaurant Association. (Attachments: #1 Appendix of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Proposed Order)(Friedman, Robert)
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Filing 45
ORDER granting #44 CONSENT MOTION for Extension of Time to File Answer filed by Julie Su, Jessica Looman, U.S. Department of Labor, Julie A Su, The Wage and Hour Division of the Department of Labor, United States Department of Labor. The deadlines for Defendants to answer or otherwise respond to Plaintiffs' complaints are extended to thirty days after the Court rules on the parties forthcoming motions for summary judgment. Signed by District Judge Sean D. Jordan on 7/12/2024. (dlw)
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Filing 44
CONSENT MOTION for Extension of Time to File Answer by Jessica Looman, Jessica Looman, Julie Su, Julie A Su, The Wage and Hour Division of the Department of Labor, U.S. Department of Labor, United States Department of Labor. (Attachments: #1 Proposed Order)(Rosen-Shaud, Brian)
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Filing 43
NOTICE of Filing of Certified Administrative Record Index by Jessica Looman, Jessica Looman, Julie Su, Julie A Su, The Wage and Hour Division of the Department of Labor, U.S. Department of Labor, United States Department of Labor (Attachments: #1 Additional Attachment(s) Certified Administrative Record Index)(Rosen-Shaud, Brian)
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Filing 42
SCHEDULING ORDER re #41 Joint Proposed Briefing Schedule for Cross-Motions for Summary Judgment.. Signed by District Judge Sean D. Jordan on 7/9/2024. (mcg)
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Filing 41
JOINT NOTICE of Joint Proposed Briefing Schedule by Jessica Looman, Jessica Looman, Julie Su, Julie A Su, The Wage and Hour Division of the Department of Labor, U.S. Department of Labor, United States Department of Labor re #40 Order (Rosen-Shaud, Brian)
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Filing 40
ORDER. It is ORDERED that the parties confer and jointly submit a proposed schedule for summary-judgment briefing by no later than July 8, 2024. Signed by District Judge Sean D. Jordan on 7/1/2024. (dlw)
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CONSOLIDATED PLAINTIFFS ADDED from 4:24cv468 (dlw)
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CONSOLIDATED DEFENDANTS ADDED from 4:24cv468 (dlw)
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Filing 39
ORDER. In order to avoid unnecessary cost or delay, and because the above-captioned cases share common questions of law or fact, the aforementioned cases are hereby ORDERED to be CONSOLIDATED for all purposes, with Cause No. 4:24-CV-499 serving as the LEAD CASE. Signed by District Judge Sean D. Jordan on 6/28/2024. (baf)
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Filing 38
MEMORANDUM OPINION AND ORDER. It is therefore ORDERED that Texas's Motion for Preliminary Injunction, (Dkt. #2 ), is GRANTED. Signed by District Judge Sean D. Jordan on 6/28/2024. (baf)
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Filing 37
NOTICE of Supplemental Authority by Jessica Looman, Julie A Su, The Wage and Hour Division of the Department of Labor, United States Department of Labor (Attachments: #1 Exhibit)(Coogle, Christine)
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Filing 36
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motions Proceedings held on June 24, 2024, before Judge Sean D. Jordan. Court Reporter/Transcriber: Gayle Wear, Telephone number: 214-872-4860. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Motion to Redact due 7/19/2024. Release of Transcript Restriction set for 9/26/2024. (GW)
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Filing 35
RESPONSE to #34 Notice (Other) of Supplemental Authority filed by State Of Texas. (Hunker, Kathleen)
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Filing 34
NOTICE of Supplemental Authority by Jessica Looman, Julie A Su, The Wage and Hour Division of the Department of Labor, United States Department of Labor (Rosen-Shaud, Brian)
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Filing 33
Minute Entry for proceedings held before District Judge Sean D. Jordan: Motion Hearing held on 6/24/2024 re #2 OPPOSED MOTION for Temporary Restraining Order OPPOSED MOTION for Preliminary Injunction filed by State Of Texas. Attorney Appearances: Plaintiff - Susanna Dokupil, Garrett Greene; Defense - Brian Rosen-Shaud. (No exhibits)(Court Reporter Gayle Wear.) (bss)
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Filing 32
ORDER granting #30 Motion for Leave to Exceed the Page Limit. Texas's reply, (Dkt. #31), is deemed properly filed. Signed by District Judge Sean D. Jordan on 6/24/2024. (dlw)
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Filing 31
REPLY to Response to Motion re #2 OPPOSED MOTION for Temporary Restraining Order OPPOSED MOTION for Preliminary Injunction filed by State Of Texas. (Attachments: #1 Affidavit/Declaration Declaration)(Hunker, Kathleen)
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Filing 30
MOTION for Leave to File to Exceed The Page Limit For Their Reply in Support for Their Motion for Temporary Restraining Order and/or Preliminary Injunction and/or to Postone the Effective Date of the 2024 Rule by State Of Texas. (Attachments: #1 Proposed Order)(Hunker, Kathleen)
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Filing 29
ORDER. It is therefore ORDERED that the Motion for Leave to File Brief Amici Curiae (Dkt. #25 ), is DENIED. Plano Chamber of Commerce et al.'s Brief Amici Curiae in Support of Plaintiff's Motion for Temporary Restraining Order and/or Preliminary Injunction and/or to Postpone the Effective Date of the 2024 Rule, (Dkt. #26 ), is STRICKEN. Signed by District Judge Sean D. Jordan on 6/21/2024. (baf)
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Filing 28
NOTICE: The public may access an audio-only feed of the motion hearing set for Monday, June 24, 2024, at 1:30 p.m. by dialing (571) 353-2301 (Access Code: 021070936). Proceedings may not be recorded or otherwise broadcast for public dissemination. (ldm)
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Filing 27
RESPONSE in Opposition re #25 MOTION for Leave to File Opposed Motion by Plano Chamber of Commerce et al. for Leave to File Brief Amici Curiae In Support of Plaintiffs Motion for Temporary Restraining Order and/or Preliminary Injunction and/or to Postpone the Effective Date of filed by Jessica Looman, Julie A Su, The Wage and Hour Division of the Department of Labor, United States Department of Labor. (Attachments: #1 Proposed Order)(Rosen-Shaud, Brian)
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Filing 26
STRICKEN PURSUANT TO ORDER #29 BRIEF filed Plano Chamber of Commerce et al.s Brief Amici Curiae In Support of Plaintiffs Motion For Temporary Restraining Order and/or Preliminary Injunction and/or to Postpone The Effective Date Of The 2024 Rule by Plano Chamber of Commerce. (Friedman, Robert) Modified on 6/21/2024 (baf).
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Filing 25
MOTION for Leave to File Opposed Motion by Plano Chamber of Commerce et al. for Leave to File Brief Amici Curiae In Support of Plaintiffs Motion for Temporary Restraining Order and/or Preliminary Injunction and/or to Postpone the Effective Date of The 2024 Rule by Plano Chamber of Commerce. (Attachments: #1 Proposed Order)(Friedman, Robert)
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Filing 24
NOTICE of Attorney Appearance by Robert Francois Friedman on behalf of Plano Chamber of Commerce (Friedman, Robert)
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Filing 23
NOTICE by Jessica Looman, Julie A Su, The Wage and Hour Division of the Department of Labor, United States Department of Labor re #22 Response in Opposition to Motion, (Rosen-Shaud, Brian)
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Filing 22
RESPONSE in Opposition re #2 OPPOSED MOTION for Temporary Restraining Order OPPOSED MOTION for Preliminary Injunction filed by Jessica Looman, Julie A Su, The Wage and Hour Division of the Department of Labor, United States Department of Labor. (Attachments: #1 Proposed Order)(Rosen-Shaud, Brian)
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Filing 21
NOTICE of Attorney Appearance by Christine L. Coogle on behalf of All Defendants (Coogle, Christine)
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Filing 20
ORDER granting #19 Motion for Leave to File Excess Pages. Defendants' response to Plaintiff's Injunctive Relief Motion, (Dkt. #2), shall not exceed thirty pages. Signed by District Judge Sean D. Jordan on 6/13/2024. (dlw)
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Filing 19
UNOPPOSED MOTION for Leave to File Excess Pages by Jessica Looman, Julie A Su, The Wage and Hour Division of the Department of Labor, United States Department of Labor. (Attachments: #1 Proposed Order)(Rosen-Shaud, Brian)
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Filing 18
SUMMONS Returned Executed by State Of Texas. The Wage and Hour Division of the Department of Labor served on 6/7/2024. (Hunker, Kathleen)
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Filing 17
SUMMONS Returned Executed by State Of Texas. Julie A Su served on 6/7/2024. (Hunker, Kathleen)
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Filing 16
SUMMONS Returned Executed by State Of Texas. Jessica Looman served on 6/7/2024. (Hunker, Kathleen)
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Filing 15
SUMMONS Returned Executed by State Of Texas. United States Department of Labor served on 6/7/2024. (Hunker, Kathleen)
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Filing 14
ORDER granting #7 Joint Motion for Scheduling Order. Defendants shall respond to the Injunctive Relief Motion on or before June 17, 2024. Texas's reply, if any, is due on or before June 21, 2024. A hearing on the Injunctive Relief Motion shall take place on Monday, June 24, 2024, at 1:30 p.m., at the United States Courthouse, Courtroom 105, 7940 Preston Road, Plano, TX 75024. Signed by District Judge Sean D. Jordan on 6/7/2024. (dlw)
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Filing 13
NOTICE Advisory Concerning Defendants' Position on Consolidation and Briefing Schedule by Jessica Looman, Julie A Su, The Wage and Hour Division of the Department of Labor, United States Department of Labor (Rosen-Shaud, Brian)
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Filing 12
NOTICE Advisory to the Court Regarding Its Position on Consolidation and Briefing Schedule by State Of Texas (Hunker, Kathleen)
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Filing 11
NOTICE of Attorney Appearance by Brian C. Rosen-Shaud on behalf of All Defendants (Rosen-Shaud, Brian)
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Filing 10
NOTICE of Amended Certificate of Service to State's Motion for Temporary Restraining Order and/or Preliminary Injunction by State Of Texas (Hunker, Kathleen)
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Filing 9
ORDER. It is ORDERED that the parties may each submit an advisory to the Court, not to exceed three pages, by no later than 1:00 p.m. on Friday, June 7, 2024, concerning their positions on consolidation and the proposed schedule for Texas's Injunctive Relief Motion. Signed by District Judge Sean D. Jordan on 6/5/2024. (jmb)
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Case Reassigned to District Judge Sean D. Jordan. District Judge Amos L. Mazzant, III no longer assigned to the case. (rpc)
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Filing 8
ORDER TRANSFERRING this case to the Honorable Sean D. Jordan. Signed by District Judge Amos L. Mazzant, III on 6/04/2024. (tls)
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Filing 7
JOINT MOTION FOR A SCHEDULING ORDER to Set Briefing Schedule by State Of Texas. (Hunker, Kathleen) Modified title and event on 6/5/2024 (jmb). (Additional attachment(s) added on 6/6/2024: #1 Proposed Order) (jmb).
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Filing 6
Summons Issued as to Jessica Looman, U.S. Attorney and U.S. Attorney General (Attachments: #1 Summons, #2 Summons)(rpc)
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Filing 5
Summons Issued as to The Wage and Hour Division of the Department of Labor, U.S. Attorney and U.S. Attorney General (Attachments: #1 Summons, #2 Summons)(rpc)
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Filing 4
Summons Issued as to Julie A Su, U.S. Attorney and U.S. Attorney General (Attachments: #1 Summons, #2 Summons)(rpc)
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Filing 3
Summons Issued as to United States Department of Labor, U.S. Attorney and U.S. Attorney General (Attachments: #1 Summons, #2 Summons)(rpc)
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Case assigned to District Judge Amos L. Mazzant, III. (jmb)
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In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (jmb)
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Filing 2
OPPOSED MOTION for Temporary Restraining Order , OPPOSED MOTION for Preliminary Injunction by State Of Texas. (Attachments: #1 Exhibit, #2 Proposed Order)(Hunker, Kathleen)
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ATXEDC-10170510.), filed by State Of Texas. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Hunker, Kathleen)
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