State of Texas v. EEOC et al Featured Case

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.

Plaintiff: State of Texas
Defendant: EEOC and Jacqueline Berrien
Case Number: 5:2013cv00255
Filed: November 4, 2013
Court: US District Court for the Northern District of Texas
Office: Lubbock Office
County: Lubbock
Presiding Judge: Sam R Cummings
Nature of Suit: Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. ยง 702 Administrative Procedure Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 2, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 15, 2015 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).
October 27, 2014 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)
September 17, 2014 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)
September 10, 2014 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)
September 5, 2014 USCA Case Number 14-10949 in USCA - Fifth Circuit for 38 Notice of Appeal, filed by State of Texas. (cb)
August 25, 2014 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)
August 20, 2014 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)
August 20, 2014 Opinion or Order 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)
July 22, 2014 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)
May 22, 2014 Filing 34 MOTION to Intervene filed by Texas State Conference of the NAACP, Beverly Harrison (Attachments: # 1 Proposed Order) (Cloutman, Edward)
May 2, 2014 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)
April 18, 2014 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)
April 4, 2014 Filing 31 Appendix in Support filed by Jacqueline Berrien, EEOC, Eric H Holder re 30 Brief/Memorandum in Support of Motion (Sandberg, Justin)
April 4, 2014 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)
April 4, 2014 Filing 29 MOTION to Dismiss for Lack of Jurisdiction filed by Jacqueline Berrien, EEOC, Eric H Holder (Attachments: # 1 Proposed Order) (Sandberg, Justin)
March 28, 2014 Opinion or Order Filing 28 ORDER denying as moot 15 Motion to Dismiss. (Ordered by Judge Sam R Cummings on 3/28/2014) (cb)
March 26, 2014 Filing 27 NOTICE of Intention to File Motion to Dismiss re: 24 Amended Complaint filed by Jacqueline Berrien, EEOC, Eric H Holder (Sandberg, Justin)
March 18, 2014 Filing 26 Summons issued as to Eric H Holder, U.S. Attorney, and U.S. Attorney General. (cb)
March 18, 2014 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)
March 18, 2014 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).
February 28, 2014 Opinion or Order 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)
February 27, 2014 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)
February 14, 2014 Filing 21 NOTICE of Erratum filed by Jacqueline Berrien, EEOC (Sandberg, Justin)
February 14, 2014 Opinion or Order 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)
February 13, 2014 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)
January 27, 2014 Filing 18 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Jacqueline Berrien, EEOC. (Sandberg, Justin)
January 27, 2014 Filing 17 Appendix in Support filed by Jacqueline Berrien, EEOC re 16 Brief/Memorandum in Support of Motion (Sandberg, Justin)
January 27, 2014 Filing 16 Brief/Memorandum in Support filed by Jacqueline Berrien, EEOC re 15 MOTION to Dismiss (Sandberg, Justin)
January 27, 2014 Filing 15 MOTION to Dismiss filed by Jacqueline Berrien, EEOC (Attachments: # 1 Proposed Order) (Sandberg, Justin)
December 31, 2013 Opinion or Order 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)
December 31, 2013 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)
December 13, 2013 Filing 12 AFFIDAVIT of Service for Summons and Complaint served on Jacqueline A. Berrien on 11/13/2013. (Oldham, Andrew)
December 13, 2013 Filing 11 AFFIDAVIT of Service for Summons and Complaint served on U.S. Equal Employment Opportunity Commission on 11/12/2013. (Oldham, Andrew)
December 13, 2013 Filing 10 AFFIDAVIT of Service for Summons and Complaint served on Civil Process Clerk on 11/12/2013. (Oldham, Andrew)
December 13, 2013 Filing 9 AFFIDAVIT of Service for Summons and Complaint served on Eric H. Holder, Jr. on 11/14/2013. (Oldham, Andrew)
December 9, 2013 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)
November 5, 2013 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)
November 5, 2013 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)
November 5, 2013 Filing 5 Summons issued as to Jacqueline Berrien, EEOC, U.S. Attorney, and U.S. Attorney General. (cb)
November 4, 2013 Filing 4 Request for Clerk to issue summons filed by State of Texas. (Mitchell, Jonathan)
November 4, 2013 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)
November 4, 2013 Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Texas (State of). (Mitchell, Jonathan)
November 4, 2013 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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Plaintiff: State of Texas
Represented By: Arthur D'Andrea
Represented By: Jonathan F. Mitchell
Represented By: Andrew Stephen Oldham
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Defendant: EEOC
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Defendant: Jacqueline Berrien
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