Chamber of Commerce of the United States of America et al
| Chamber of Commerce of the United States of America, American Hotel and Lodging Association, Associated Builders and Contractors, Associated General Contractors of America, Coalition for Democratic Workplace, International Franchise Association, Longview Chamber of Commerce, National Association of Convenience Stores, National Retail Federation, Restaurant Law Center, Texas Association of Business and Texas Restaurant Association |
| National Labor Relations Board, Lauren McFerran, Marvin Kaplan, Gwynne Wilcox and David Prouty |
| American Hospital Association |
| 6:2023cv00553 |
| November 9, 2023 |
| U.S. District Court for the Eastern District of Texas |
| J Campbell Barker |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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Filing 35
CORRECTED Additional Attachments to Main Document: #34 CROSS MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment. Exhibit 1 (Corrected) (1 of 2). (Attachments: #1 Exhibit 1 (Corrected) (2 of 2))(Wiese, Tyler)
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Filing 34
CROSS MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment by Marvin Kaplan, Lauren McFerran, National Labor Relations Board, David Prouty, Gwynne Wilcox. (Attachments: #1 Proposed Order, #2 Exhibit 1 (1 of 11), #3 Exhibit 1 (2 of 11), #4 Exhibit 1 (3 of 11), #5 Exhibit 1 (4 of 11), #6 Exhibit 1 (5 of 11), #7 Exhibit 1 (6 of 11), #8 Exhibit 1 (7 of 11), #9 Exhibit 1 (8 of 11), #10 Exhibit 1 (9 of 11), #11 Exhibit 1 (10 of 11), #12 Exhibit 1 (11 of 11))(Wiese, Tyler)
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Filing 33
NOTICE by Marvin Kaplan, Lauren McFerran, National Labor Relations Board, David Prouty, Gwynne Wilcox of Filing Certification of Administrative Record (Attachments: #1 Administrative Record Index, #2 Certificate of Service)(Flack, Christine)
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Filing 32
SUR-REPLY to Reply to Response to Motion re #25 MOTION TRANSFER TO THE D.C. CIRCUIT FOR LACK OF SUBJECT-MATTER JURISDICTION Plaintiffs' Surreply in Opposition to Defendants' Motion to Transfer filed by American Hotel and Lodging Association, Associated Builders and Contractors, Associated General Contractors of America, Chamber of Commerce of the United States of America, Coalition for Democratic Workplace, International Franchise Association, Longview Chamber of Commerce, National Association of Convenience Stores, National Retail Federation, Restaurant Law Center, Texas Association of Business, Texas Restaurant Association. (Shah, Pratik)
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Filing 31
JOINT STIPULATION AS TO STANDING AND APPROPRIATE USE OF DECLARATIONS by Marvin Kaplan, Lauren McFerran, National Labor Relations Board, David Prouty, Gwynne Wilcox. (Flack, Christine)
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Filing 30
REPLY to Response to Motion re #25 MOTION TRANSFER TO THE D.C. CIRCUIT FOR LACK OF SUBJECT-MATTER JURISDICTION filed by Marvin Kaplan, Lauren McFerran, National Labor Relations Board, David Prouty, Gwynne Wilcox. (Flack, Christine)
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Filing 29
RESPONSE in Opposition re #25 MOTION TRANSFER TO THE D.C. CIRCUIT FOR LACK OF SUBJECT-MATTER JURISDICTION Plaintiffs' Opposition to Defendants' Motion to Transfer filed by American Hotel and Lodging Association, Associated Builders and Contractors, Associated General Contractors of America, Chamber of Commerce of the United States of America, Coalition for Democratic Workplace, International Franchise Association, Longview Chamber of Commerce, National Association of Convenience Stores, National Retail Federation, Restaurant Law Center, Texas Association of Business, Texas Restaurant Association. (Shah, Pratik) (Additional attachment(s) added on 12/6/2023: #1 Proposed Order) (gsm, ).
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Filing 28
NOTICE of Attorney Appearance - Pro Hac Vice by Maurice Baskin on behalf of Associated Builders and Contractors, International Franchise Association. Filing fee $ 100, receipt number ATXEDC-9840398. (Baskin, Maurice)
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Filing 27
PROPOSED BRIEF filed In Support of Plaintiffs' Motion for Summary Judgment by American Hospital Association. (Bush, Joanne)
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Filing 26
UNOPPOSED MOTION for Leave to File Amicus Curiae Brief by American Hospital Association. (Bush, Joanne) (Additional attachment(s) added on 11/22/2023: #1 Proposed Order) (gsm, ). (Additional attachment(s) added on 11/22/2023: #2 Proposed Order) (gsm, ).
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Filing 25
MOTION TRANSFER TO THE D.C. CIRCUIT FOR LACK OF SUBJECT-MATTER JURISDICTION by Marvin Kaplan, Lauren McFerran, National Labor Relations Board, David Prouty, Gwynne Wilcox. (Attachments: #1 Proposed Order)(Flack, Christine) (Additional attachment(s) added on 11/22/2023: #2 Proposed Order) (gsm, ).
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Filing 24
Amicus Curiae APPEARANCE entered by Joanne Bush on behalf of American Hospital Association. (Bush, Joanne)
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Filing 23
ORDER granting #11 motion to expedite as modified and setting briefing schedule. Signed by District Judge J. Campbell Barker on 11/17/2023. (ndc)
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Filing 22
STATUS REPORT JOINT PROPOSED BRIEFING SCHEDULE by Marvin Kaplan, Lauren McFerran, National Labor Relations Board, David Prouty, Gwynne Wilcox. (Attachments: #1 Proposed Order)(Flack, Christine)
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Filing 21
NOTICE of Attorney Appearance - Pro Hac Vice by Tyler James Wiese on behalf of National Labor Relations Board. (nkl, )
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Filing 20
NOTICE of Attorney Appearance - Pro Hac Vice by Angelo Amador on behalf of Restaurant Law Center. Filing fee $ 100, receipt number ATXEDC-9825316. (Amador, Angelo)
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Filing 19
NOTICE by Marvin Kaplan, Lauren McFerran, National Labor Relations Board, David Prouty, Gwynne Wilcox REGARDING EXTENSION OF EFFECTIVE DATE OF FINAL RULE (Flack, Christine)
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Filing 18
RESPONSE in Opposition re #11 MOTION to Expedite Consideration AND PROPOSED ALTERNATIVE BRIEFING SCHEDULE filed by Marvin Kaplan, Lauren McFerran, National Labor Relations Board, David Prouty, Gwynne Wilcox. (Flack, Christine)
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Filing 17
NOTICE of Attorney Appearance - Pro Hac Vice by Stephanie A Maloney on behalf of Chamber of Commerce of the United States of America. Filing fee $ 100, receipt number ATXEDC-9820011. (Maloney, Stephanie)
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Filing 16
NOTICE of Attorney Appearance - Pro Hac Vice by Jordan Von Bokern on behalf of Chamber of Commerce of the United States of America. Filing fee $ 100, receipt number ATXEDC-9818492. (Von Bokern, Jordan)
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Filing 15
ORDER for defendants to file a proposed briefing schedule by 2:00 p.m. tomorrow, November 15, 2023. Signed by District Judge J. Campbell Barker on 11/14/2023. (ndc)
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Filing 14
NOTICE by Marvin Kaplan, Lauren McFerran, National Labor Relations Board, David Prouty, Gwynne Wilcox OF RELATED CASE (Flack, Christine)
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Filing 13
NOTICE of Attorney Appearance - Pro Hac Vice by Shawnnell Barnett on behalf of National Labor Relations Board. (nkl, )
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Filing 12
FILED IN ERROR NOTICE of Attorney Appearance by Shawnnell Barnett on behalf of National Labor Relations Board (Barnett, Shawnnell) Modified on 11/14/2023 (nkl, ).
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***FILED IN ERROR - was filed using the wrong docket event. Document # 12, NOTICE of Attorney Appearance. PLEASE IGNORE.*** (nkl, )
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Filing 11
MOTION to Expedite Consideration by American Hotel and Lodging Association, Associated Builders and Contractors, Associated General Contractors of America, Chamber of Commerce of the United States of America, Coalition for Democratic Workplace, International Franchise Association, Longview Chamber of Commerce, National Association of Convenience Stores, National Retail Federation, Restaurant Law Center, Texas Association of Business, Texas Restaurant Association. (Attachments: #1 Proposed Order)(Shah, Pratik) (Additional attachment(s) added on 11/16/2023: #2 Corrected Proposed Order) (gsm, ).
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Filing 10
MOTION for Summary Judgment and Memorandum of Law in Support by American Hotel and Lodging Association, Associated Builders and Contractors, Associated General Contractors of America, Chamber of Commerce of the United States of America, Coalition for Democratic Workplace, International Franchise Association, Longview Chamber of Commerce, National Association of Convenience Stores, National Retail Federation, Restaurant Law Center, Texas Association of Business, Texas Restaurant Association. (Attachments: #1 Proposed Order, #2 Exhibit A - Joint Employer Rule, #3 Exhibit B - Chamber Comment, #4 Exhibit C - IFA Comment, #5 Affidavit/Declaration - U.S. Chamber Declaration, #6 Affidavit/Declaration - AHLA Declaration, #7 Affidavit/Declaration - ABC Declaration, #8 Affidavit/Declaration - AGC Declaration, #9 Affidavit/Declaration - IFA Declaration, #10 Affidavit/Declaration - Longview Declaration, #11 Affidavit/Declaration - NACS Declaration, #12 Affidavit/Declaration - NRF Declaration, #13 Affidavit/Declaration - RLC Declaration)(Shah, Pratik) (Additional attachment(s) added on 11/16/2023: #14 Corrected Proposed Order) (gsm, ).
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Filing 9
NOTICE of Attorney Appearance by Christine Flack on behalf of Marvin Kaplan, Lauren McFerran, National Labor Relations Board, David Prouty, Gwynne Wilcox (Flack, Christine)
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Filing 8
NOTICE of Attorney Appearance - Pro Hac Vice by James Crowley on behalf of American Hotel and Lodging Association, Associated Builders and Contractors, Associated General Contractors of America, Chamber of Commerce of the United States of America, Coalition for Democratic Workplace, International Franchise Association, Longview Chamber of Commerce, National Association of Convenience Stores, National Retail Federation, Restaurant Law Center, Texas Association of Business, Texas Restaurant Association. Filing fee $ 100, receipt number ATXEDC-9812008. (Crowley, James)
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Filing 7
NOTICE of Attorney Appearance - Pro Hac Vice by Margaret O'Brien Rusconi on behalf of American Hotel and Lodging Association, Associated Builders and Contractors, Associated General Contractors of America, Chamber of Commerce of the United States of America, Coalition for Democratic Workplace, International Franchise Association, Longview Chamber of Commerce, National Association of Convenience Stores, National Retail Federation, Restaurant Law Center, Texas Association of Business, Texas Restaurant Association. Filing fee $ 100, receipt number ATXEDC-9811950. (Rusconi, Margaret)
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Filing 6
NOTICE of Attorney Appearance - Pro Hac Vice by Pratik Shah on behalf of American Hotel and Lodging Association, Associated Builders and Contractors, Associated General Contractors of America, Chamber of Commerce of the United States of America, Coalition for Democratic Workplace, International Franchise Association, Longview Chamber of Commerce, National Association of Convenience Stores, National Retail Federation, Restaurant Law Center, Texas Association of Business, Texas Restaurant Association. Filing fee $ 100, receipt number ATXEDC-9811836. (Shah, Pratik)
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Filing 5
ORDER REGULATING PRACTICE. Signed by District Judge J. Campbell Barker on 11/13/2023. (wea, 6)
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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. (wea, 6)
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Filing 4
NOTICE of Attorney Appearance - Pro Hac Vice by James Tysse on behalf of American Hotel and Lodging Association, Associated Builders and Contractors, Associated General Contractors of America, Chamber of Commerce of the United States of America, Coalition for Democratic Workplace, International Franchise Association, Longview Chamber of Commerce, National Association of Convenience Stores, National Retail Federation, Restaurant Law Center, Texas Association of Business, Texas Restaurant Association. Filing fee $ 100, receipt number ATXEDC-9810756. (Tysse, James)
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District Judge J. Campbell Barker added. (wea, 6)
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Filing 3
SUMMONS Issued as to Marvin Kaplan, Lauren McFerran, National Labor Relations Board, David Prouty, Gwynne Wilcox, U.S. Attorney, and U.S. Attorney General. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons)(ndc)
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Filing 2
Fed. R. Civ. P. 7.1(a)(1) Disclosure Statement filed by American Hotel and Lodging Association, Associated Builders and Contractors, Associated General Contractors of America, Chamber of Commerce of the United States of America, Coalition for Democratic Workplace, International Franchise Association, Longview Chamber of Commerce, National Association of Convenience Stores, National Retail Federation, Restaurant Law Center, Texas Association of Business, Texas Restaurant Association (Warrick, Laura)
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Filing 1
COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 402 receipt number ATXEDC-9808476.), filed by International Franchise Association, Texas Association of Business, Associated Builders and Contractors, Longview Chamber of Commerce, National Retail Federation, Texas Restaurant Association, American Hotel and Lodging Association, National Association of Convenience Stores, Associated General Contractors of America, Chamber of Commerce of the United States of America, Restaurant Law Center, Coalition for Democratic Workplace. (Attachments: #1 Civil Cover Sheet)(Warrick, Laura)
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