State of Texas v. EEOC et al
The State of Texas is suing the Equal Employment Opportunity Commission (EEOC) for enforcement guidelines it promulgated suggesting that employers relying on arrest records and criminal convictions can have a disparate impact on certain racial groups, in violation of federal employment law. Texas argues that the EEOC's guidelines infringe on the state's authority to impose blanket bans on hiring convicted felons in certain employment positions.
| State of Texas |
| EEOC and Jacqueline Berrien |
| 5:2013cv00255 |
| November 4, 2013 |
| US District Court for the Northern District of Texas |
| Lubbock Office |
| Lubbock |
| Sam R Cummings |
| Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on February 2, 2015. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 39 NOTICE OF SUBSTITUTION OF COUNSEL Added attorney Scott A Keller,Scott A Keller for State of Texas. Motion filed by State of Texas (Keller, Scott) Modified text from Motion to Notice on 1/16/2015 (cb). |
| Record on Appeal for USCA5 14-10949 (related to 38 appeal): 1 ECF electronic record (docs 1-38), transmitted to Sabrina Wycoff with the Office of the Solicitor General on disk only. Shipped: FedEx No. 771637523467 (cb) |
| Record on Appeal for USCA5 14-10949 (related to 38 appeal): transmitted to La Tanya R. Harry, NAACP Legal Defense & Educational Fund, Inc. on disk only by mail. (cb) |
| Record on Appeal for USCA5 14-10949 (related to 38 appeal): Record consisting of: 1 ECF electronic record (docs 1-38), certified to USCA. To request a copy of the record (on disk or on paper), contact the appeals deputy in advance to arrange delivery. (cb) |
| USCA Case Number 14-10949 in USCA - Fifth Circuit for 38 Notice of Appeal, filed by State of Texas. (cb) |
| Filing 38 NOTICE OF APPEAL to the Fifth Circuit as to 37 Judgment, 36 Order,, Terminate Motions, by State of Texas. Filing fee $505, receipt number 0539-6249334. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. (Oldham, Andrew) |
| Filing 37 JUDGMENT: This case is DISMISSED without prejudice for lack of subject-matter jurisdiction. (Ordered by Judge Sam R Cummings on 8/20/2014) (cb) |
Filing 36
ORDER: Granting 33 Unopposed MOTION for Leave to File Reply Brief in Support of Motion to Dismiss filed by Eric H Holder, EEOC, Jacqueline Berrien. Granting 29 MOTION to Dismiss for Lack of Jurisdiction filed by Eric H Holder, EEOC, Jacqueline Berrien. Terming 34 MOTION to Intervene filed by Beverly Harrison, Texas State Conference of the NAACP, (Ordered by Judge Sam R Cummings on 8/20/2014) (cb)
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| Filing 35 Supplemental Document by State of Texas as to 32 Response/Objection, . (Attachments: # 1 Declaration(s) Exhibit A, # 2 Exhibit(s) Exhibit A-1, # 3 Exhibit(s) Exhibit A-2) (Mitchell, Jonathan) |
| Filing 34 MOTION to Intervene filed by Texas State Conference of the NAACP, Beverly Harrison (Attachments: # 1 Proposed Order) (Cloutman, Edward) |
| Filing 33 Unopposed MOTION for Leave to File Reply Brief in Support of Motion to Dismiss filed by Jacqueline Berrien, EEOC, Eric H Holder with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Proposed Reply Brief) (Sandberg, Justin) |
| Filing 32 RESPONSE filed by State of Texas re: 29 MOTION to Dismiss for Lack of Jurisdiction (Attachments: # 1 Exhibit(s) Exhibits Table of Contents, # 2 Exhibit(s) Exhibit A, # 3 Exhibit(s) Exhibit B, # 4 Exhibit(s) Exhibit C, # 5 Proposed Amendment Exhibit D) (Oldham, Andrew) |
| Filing 31 Appendix in Support filed by Jacqueline Berrien, EEOC, Eric H Holder re 30 Brief/Memorandum in Support of Motion (Sandberg, Justin) |
| Filing 30 Brief/Memorandum in Support filed by Jacqueline Berrien, EEOC, Eric H Holder re 29 MOTION to Dismiss for Lack of Jurisdiction (Sandberg, Justin) |
| Filing 29 MOTION to Dismiss for Lack of Jurisdiction filed by Jacqueline Berrien, EEOC, Eric H Holder (Attachments: # 1 Proposed Order) (Sandberg, Justin) |
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Filing 28
ORDER denying as moot 15 Motion to Dismiss. (Ordered by Judge Sam R Cummings on 3/28/2014) (cb)
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| Filing 27 NOTICE of Intention to File Motion to Dismiss re: 24 Amended Complaint filed by Jacqueline Berrien, EEOC, Eric H Holder (Sandberg, Justin) |
| Filing 26 Summons issued as to Eric H Holder, U.S. Attorney, and U.S. Attorney General. (cb) |
| Filing 25 RESPONSE filed by State of Texas re: 15 MOTION to Dismiss (Attachments: # 1 Exhibit(s) Vance v. Ball State, # 2 Exhibit(s) UT v. Nassar) (Mitchell, Jonathan) |
| Filing 24 AMENDED COMPLAINT against EEOC, et al, filed by State of Texas. Clerk to issue summons(es) for new federal defendant(s). (Mitchell, Jonathan) Modified text on 3/18/2014 (cb). |
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Filing 23
ORDER granting 22 Motion to Extend Time. The deadline for Plaintiff to replead and/or oppose Defendants' motion to dismiss is extended to March 18, 2014. (Ordered by Judge Sam R Cummings on 2/28/2014) (cb)
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| Filing 22 Second MOTION to Extend Time to Replead and/or Oppose Motion to Dismiss filed by State of Texas (Attachments: # 1 Proposed Order Second Unopposed Motion for Extension of Time to Replead and/or Oppose Motion to Dismiss) (Mitchell, Jonathan) |
| Filing 21 NOTICE of Erratum filed by Jacqueline Berrien, EEOC (Sandberg, Justin) |
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Filing 20
ORDER granting 19 Motion to Extend Time to Replead and/or Oppose Motion to Dismiss is GRANTED. The deadline for Plaintiff to replead and/or oppose Defendant's motion to dismiss is extended to March 4, 2014. (Ordered by Judge Sam R Cummings on 2/14/2014) (lkw)
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| Filing 19 Unopposed MOTION to Extend Time to Replead and/or Oppose Motion to Dismiss filed by State of Texas (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) |
| Filing 18 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Jacqueline Berrien, EEOC. (Sandberg, Justin) |
| Filing 17 Appendix in Support filed by Jacqueline Berrien, EEOC re 16 Brief/Memorandum in Support of Motion (Sandberg, Justin) |
| Filing 16 Brief/Memorandum in Support filed by Jacqueline Berrien, EEOC re 15 MOTION to Dismiss (Sandberg, Justin) |
| Filing 15 MOTION to Dismiss filed by Jacqueline Berrien, EEOC (Attachments: # 1 Proposed Order) (Sandberg, Justin) |
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Filing 14
ORDER granting 13 Motion for Extension of Time to File Answer re 1 Complaint. Jacqueline Berrien answer due 1/27/2014; EEOC answer due 1/27/2014. No further extensions will be granted. (Ordered by Judge Sam R Cummings on 12/31/2013) (bdg)
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| Filing 13 Unopposed Motion for Extension of Time to File Answer filed by Jacqueline Berrien, EEOC with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order Granting Extension of Time Until Jan. 27) (Sandberg, Justin) |
| Filing 12 AFFIDAVIT of Service for Summons and Complaint served on Jacqueline A. Berrien on 11/13/2013. (Oldham, Andrew) |
| Filing 11 AFFIDAVIT of Service for Summons and Complaint served on U.S. Equal Employment Opportunity Commission on 11/12/2013. (Oldham, Andrew) |
| Filing 10 AFFIDAVIT of Service for Summons and Complaint served on Civil Process Clerk on 11/12/2013. (Oldham, Andrew) |
| Filing 9 AFFIDAVIT of Service for Summons and Complaint served on Eric H. Holder, Jr. on 11/14/2013. (Oldham, Andrew) |
| Filing 8 NOTICE of Attorney Appearance by Justin Michael Sandberg on behalf of All Defendants. (Filer confirms contact info in ECF is current.) (Sandberg, Justin) |
| Filing 7 NOTICE of Attorney Appearance by Andrew Stephen Oldham on behalf of State of Texas. (Filer confirms contact info in ECF is current.) (Oldham, Andrew) |
| Filing 6 NOTICE of Attorney Appearance by Arthur D'Andrea on behalf of State of Texas. (Filer confirms contact info in ECF is current.) (D'Andrea, Arthur) |
| Filing 5 Summons issued as to Jacqueline Berrien, EEOC, U.S. Attorney, and U.S. Attorney General. (cb) |
| Filing 4 Request for Clerk to issue summons filed by State of Texas. (Mitchell, Jonathan) |
| Filing 3 New Case Notes: A filing fee is not due for this case. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (cb) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Texas (State of). (Mitchell, Jonathan) |
| Filing 1 COMPLAINT against Jacqueline Berrien, EEOC filed by Texas (State of). (Filer fee note- Clerk to add prior fee payment info here.) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership (Attachments: # 1 Exhibit(s) EEOC Enforcement Guidance, # 2 Cover Sheet) (Mitchell, Jonathan) |
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