Conner et al v. Biden et al
| Terry Conner, Joseph Dodson, Barbara Bachman and Michael Schiesl |
| Joseph R. Biden, United States Office of Personnel Management, Director Kiran Ahuja, General Services Administration, Office of Management and Budget, Acting Director Shalanda Young, Administrator Robin Carnahan, Safer Federal Workforce Task Force, Co-Chair Jeffrey Zients, Federal Acquisition Regulatory Council, Acting Administrator Lesley A. Field, Principal Director John M Tenaglia, Sr. Procurement Exec Jeffrey A. Koses, Asst. Administrator Karla S. Jackson, Joseph R Biden, Kiran Ahuja, Shalanda Young, Robin Carnahan, Jeffrey Zients, Lesley A. Field, John M Tenaglia, Jeffrey A. Koses and Karla S. Jackson |
| 6:2021cv00074 |
| December 8, 2021 |
| US District Court for the Northern District of Texas |
| James Wesley Hendrix |
| Other Statutes: Administrative Procedure Act/Review or Appeal of Agency Decision |
| 46 U.S.C. § 1156 |
| None |
Docket Report
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This docket was last retrieved on January 27, 2022. A more recent docket listing may be available from PACER.
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| Filing 38 SUMMONS Returned Executed as to Joseph R Biden, served on 12/17/2021; Robin Carnahan, served on 12/16/2021; Federal Acquisition Regulatory Council, served on 12/17/2021; Lesley A. Field, served on 12/17/2021; General Services Administration, served on 12/16/2021; Karla S. Jackson, served on 12/15/2021; Jeffrey A. Koses, served on 12/16/2021; Office of Management and Budget, served on 12/17/2021; Safer Federal Workforce Task Force, served on 12/16/2021; John M Tenaglia, served on 12/13/2021; United States Office of Personnel Management, served on 12/13/2021; Shalanda Young, served on 12/17/2021; Jeffrey Zients, served on 12/17/2021. (Bustos, Fernando) |
| Filing 37 SUMMONS Returned Executed as to Kiran Ahuja; served on 12/13/2021. (Bustos, Fernando) |
Filing 36
ORDER STAYING CASE: ( #22 Motion for Injunction filed by Terry Conner, Joseph Dodson, Barbara Bachman, Michael Schiesl terminated.) In sum, the Court finds that the defendants have already been enjoined from enforcing Executive Order 14042 and its implementing provisions, including the vaccination-status disclosure mandate the plaintiffs seek to enjoin in this case. See Georgia, 2021 WL 5779939 at *12. Because it is currently unclear whether the plaintiffs can demonstrate that they face an injury traceable to the defendants, they may lack standing to challenge the Executive Order. But because the plaintiffs may have standing if the defendants are later permitted to enforce the EO, the Court stays this case pending further court action by the (1) Southern District of Georgia, (2) United States Court of Appeals for the Eleventh Circuit, or (3) Supreme Court of the United States that reinstates EO 14042 along with its implementing Task Force Guidance, OMB Determination, and FAR Deviation Clause. (Ordered by Judge James Wesley Hendrix on 12/28/2021) (dsr)
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Filing 35
ORDER granting #31 Motion for Leave to Exceed Page Limit. The plaintiffs reply brief (Dkt. No. 33) and appendix in support (Dkt. No. 34) are deemed timely filed and in compliance with Local Civil Rule 7.2(c). (Ordered by Judge James Wesley Hendrix on 12/27/2021) (dsr)
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| Filing 34 Appendix in Support filed by Barbara Bachman, Terry Conner, Joseph Dodson, Michael Schiesl re #33 Brief/Memorandum in Support of Motion, (Bustos, Fernando) |
| Filing 33 Brief/Memorandum in Support filed by Barbara Bachman, Terry Conner, Joseph Dodson, Michael Schiesl re #23 Brief/Memorandum in Support of Motion, #25 Order Setting Deadline/Hearing, Reply Brief In Support of Plaintiffs' TRO and Preliminary Injunction. (Bustos, Fernando) |
| Filing 32 Appendix in Support filed by Barbara Bachman, Terry Conner, Joseph Dodson, Michael Schiesl re #31 Unopposed MOTION for Leave to File to Exceed Page Limit on Reply Brief in Support of Plaintiffs' Motion for Restraining Order and Preliminary Injunction (Bustos, Fernando) |
| Filing 31 Unopposed MOTION for Leave to File to Exceed Page Limit on Reply Brief in Support of Plaintiffs' Motion for Restraining Order and Preliminary Injunction filed by Barbara Bachman, Terry Conner, Joseph Dodson, Michael Schiesl (Bustos, Fernando) |
| Filing 30 NOTICE of Response to 12/22/21 Order filed by Kiran Ahuja, Joseph R Biden, Robin Carnahan, Federal Acquisition Regulatory Council, Lesley A. Field, General Services Administration, Karla S. Jackson, Jeffrey A. Koses, Office of Management and Budget, Safer Federal Workforce Task Force, John M Tenaglia, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients (Attachments: #1 Exhibit(s) A: OMB Guidance) (Wynosky, Kevin) |
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Filing 29
ORDER: Before the Court is the plaintiffs motion to enjoin Executive Order 14042. Dkt. No. #22 . While the plaintiffs acknowledge that the nationwide injunction enjoin[ed] the federal government from enforcement of EO 14042, they assert that the current nationwide injunction in effect does not enjoin the government from requiring that covered federal contractors compel employees to disclose their vaccination status. Dkt. No. #23 at 5, 13. For avoidance of doubt regarding the nationwide injunctions scope and the defendants compliance with it, the Court orders the defendants to file a notice with the Court that details the items listed herein on page 3, by December 23, 2021 at 5:00 PM CDT. (Ordered by Judge James Wesley Hendrix on 12/22/2021) (pnp)
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| Filing 28 RESPONSE filed by Kiran Ahuja, Joseph R Biden, Robin Carnahan, Federal Acquisition Regulatory Council, Lesley A. Field, General Services Administration, Karla S. Jackson, Jeffrey A. Koses, Office of Management and Budget, Safer Federal Workforce Task Force, John M Tenaglia, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients re: #22 First MOTION for Injunction Expedited Briefing Schedule and Restraining Order (Wynosky, Kevin) |
| Filing 27 NOTICE of Attorney Appearance by Kevin Joseph Wynosky on behalf of Kiran Ahuja, Joseph R Biden, Robin Carnahan, Federal Acquisition Regulatory Council, Lesley A. Field, General Services Administration, Karla S. Jackson, Jeffrey A. Koses, Office of Management and Budget, Safer Federal Workforce Task Force, John M Tenaglia, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients. (Filer confirms contact info in ECF is current.) (Wynosky, Kevin) |
| Filing 26 CERTIFICATE OF SERVICE by Barbara Bachman, Terry Conner, Joseph Dodson, Michael Schiesl re #24 Appendix in Support, #22 First MOTION for Injunction Expedited Briefing Schedule and Restraining Order, #23 Brief/Memorandum in Support of Motion, #25 Order Setting Deadline/Hearing. (Bustos, Fernando) |
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Filing 25
ORDER re: #22 ...First MOTION for Injunction Expedited Briefing Schedule and Restraining Order. Plaintiffs seek an expedited briefing schedule, a temporary restraining order, and a preliminary injunction before January 4, 2022. To provide the requisite notice and enable the Court to adequately consider any argument the defendants have before this date, the plaintiffs are ordered to provide to the Acting United States Attorney for the Northern District of Texas, Chad Meacham, and the Chief of the Civil Division for the Northern District of Texas, Scott Hogan the documents as set out in this order. Thus, should the defendants wish to contest the plaintiffs motion for a temporary restraining order and a preliminary injunction, they must submit a response brief no later than December 21, 2021. Plaintiffs may file a reply brief to any response no later than December 23, 2021. The Court will set a hearing date and resolve the motion after briefing is ripe. (Ordered by Judge James Wesley Hendrix on 12/15/2021) (dsr)
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| Filing 24 Appendix in Support filed by Barbara Bachman, Terry Conner, Joseph Dodson, Michael Schiesl re #22 First MOTION for Injunction Expedited Briefing Schedule and Restraining Order, #23 Brief/Memorandum in Support of Motion, for Preliminary Injunction (Bustos, Fernando) |
| Filing 23 Brief/Memorandum in Support filed by Barbara Bachman, Terry Conner, Joseph Dodson, Michael Schiesl re #22 First MOTION for Injunction Expedited Briefing Schedule and Restraining Order Appendix to Brief (Attachments: #1 Declaration(s) Declarations with Exhibits) (Bustos, Fernando) |
| Filing 22 First MOTION for Injunction Expedited Briefing Schedule and Restraining Order filed by Barbara Bachman, Terry Conner, Joseph Dodson, Michael Schiesl (Bustos, Fernando) |
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Filing 21
ORDER:...Given the time-sensitive nature of the matter, the Court orders that any motion for injunctive relief be filed no later than three weeks before the requested injunction would take effect. If, for example, the plaintiffs seek to enjoin the federal contractor mandate before the vaccination-requirement date, then they must move for such relief by December 14, 2021. (Ordered by Judge James Wesley Hendrix on 12/13/2021) (dsr)
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| Filing 20 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Barbara Bachman, Terry Conner, Joseph Dodson, Michael Schiesl. (Attachments: #1 Additional Page(s) Attachment to Certificate of Interested Persons) (Bustos, Fernando) (Main Document 20-1 replaced to flatten image on 12/9/2021) (dsr). |
| Filing 19 Summons Issued as to All Defendants. (Attachments: #1 Gen Serv Adm, #2 J Tenaglia, #3 J Koses, #4 J Zients, #5 K Ahuja, #6 K Jackson, #7 L Field, #8 Off of Mgmt Budget, #9 R Carnahan, #10 S Young, #11 Safer Fed Wkforce Task Force, #12 US Off of Personnel Mgmt, #13 US Attys Off - Civil Clerk, #14 J Biden, The White House, #15 Fed Acquisition Reg Council - L Field) (dsr) |
| Filing 18 Request for Clerk to issue Summons filed by Barbara Bachman, Terry Conner, Joseph Dodson, Michael Schiesl. (Bustos, Fernando) |
| Filing 17 Request for Clerk to issue Summons filed by Barbara Bachman, Terry Conner, Joseph Dodson, Michael Schiesl. (Bustos, Fernando) |
| Filing 16 Request for Clerk to issue Summons filed by Barbara Bachman, Terry Conner, Joseph Dodson, Michael Schiesl. (Bustos, Fernando) |
| Filing 15 Request for Clerk to issue Summons filed by Barbara Bachman, Terry Conner, Joseph Dodson, Michael Schiesl. (Bustos, Fernando) |
| Filing 14 Request for Clerk to issue Summons filed by Barbara Bachman, Terry Conner, Joseph Dodson, Michael Schiesl. (Bustos, Fernando) |
| Filing 13 Request for Clerk to issue filed by Barbara Bachman, Terry Conner, Joseph Dodson, Michael Schiesl. (Bustos, Fernando) |
| Filing 12 Request for Clerk to issue Summons filed by Barbara Bachman, Terry Conner, Joseph Dodson, Michael Schiesl. (Bustos, Fernando) |
| Filing 11 Request for Clerk to issue Summons filed by Barbara Bachman, Terry Conner, Joseph Dodson, Michael Schiesl. (Bustos, Fernando) |
| Filing 10 Request for Clerk to issue Summons filed by Barbara Bachman, Terry Conner, Joseph Dodson, Michael Schiesl. (Bustos, Fernando) |
| Filing 9 Request for Clerk to issue Summons filed by Barbara Bachman, Terry Conner, Joseph Dodson, Michael Schiesl. (Bustos, Fernando) |
| Filing 8 Request for Clerk to issue filed by Barbara Bachman, Terry Conner, Joseph Dodson, Michael Schiesl. (Bustos, Fernando) |
| Filing 7 Request for Clerk to issue Summons filed by Barbara Bachman, Terry Conner, Joseph Dodson, Michael Schiesl. (Bustos, Fernando) |
| Filing 6 Request for Clerk to issue Summons filed by Barbara Bachman, Terry Conner, Joseph Dodson, Michael Schiesl. (Bustos, Fernando) |
| Filing 5 Request for Clerk to issue Summons filed by Barbara Bachman, Terry Conner, Joseph Dodson, Michael Schiesl. (Bustos, Fernando) |
| Filing 4 Request for Clerk to issue filed by Barbara Bachman, Terry Conner, Joseph Dodson, Michael Schiesl. (Bustos, Fernando) |
| Filing 3 Request for Clerk to issue Summons filed by Barbara Bachman, Terry Conner, Joseph Dodson, Michael Schiesl. (Bustos, Fernando) |
| Filing 2 New Case Notes: A filing fee has been paid. (dsr) |
| Filing 1 COMPLAINT against All Plaintiffs filed by Michael Schiesl, Terry Conner, Joseph Dodson, Barbara Bachman. (Filing fee $402; Receipt number 0539-12441328) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific 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 must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet, #2 Exhibit(s)) (Bustos, Fernando) |
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