ABM Industry Groups, LLC v. United States Department of Labor et al
| ABM Industry Groups, LLC |
| Julie Su (in Official Capacity as Acting Secretary of Labor), Willow Eden Fort (in her official capacity as an Administrative Law Judge of the U.S. Dept.of Labor), United States Department of Labor, Michele Hodge (in official capacity as Acting Director of the Office of Federal Contract Compliance Programs, U.S. Dept of Labor) and Office of Federal Contract Compliance Programs (an administrative subdivision of the U.S. Dept. of Labor) |
| 4:2024cv03353 |
| September 9, 2024 |
| U.S. District Court for the Southern District of Texas |
| Sim Lake |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 30, 2024. A more recent docket listing may be available from PACER.
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Filing 28
MEMORANDUM OPINION AND ORDER - Under Jarkesy Plaintiff is likely to succeed on the merits of its claim that DOL ALJ Fort is unconstitutionally protected by two layers of good-cause removal restrictions. Plaintiff faces a substantial threat or irreparable injury by being subjected to the administrative proceeding while these removal restrictions are in place. The balance of equities and the public interest weigh in favor of granting the requested injunction. Plaintiff's #7 MOTION for Preliminary Injunction is therefore GRANTED. Defendants the United States Department of Labor, the Acting Secretary of Labor, the Office of Federal Contract Compliance Programs, the Acting Director of OFCCP, and Administrative Law Judge Fort are hereby ENJOINED from proceeding any further with Department of Labor case number 2021-OFC-00002, pending further order from this court. Because the court is entering a preliminary injunction based on the unconstitutional removal restrictions, the court does not address Plaintiff's Seventh Amendment claim. (Signed by Judge Sim Lake) Parties notified. (sra4)
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Filing 27
NOTICE of Administrative Developments by Plaintiff ABM in Support of its Motion for a Preliminary Injunction re: #7 MOTION for Preliminary Injunction by ABM Industry Groups, LLC, filed. (Attachments: #1 Exhibit A, #2 Exhibit B) (Eschbach, Catherine)
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Filing 26
NOTICE of Appearance by Shawn Ren on behalf of Willow Eden Fort (in her official capacity as an Administrative Law Judge of the U.S. Dept.of Labor), Michele Hodge (in official capacity as Acting Director of the Office of Federal Contract Compliance Programs, U.S. Dept of Labor), Office of Federal Contract Compliance Programs (an administrative subdivision of the U.S. Dept. of Labor), Julie Su (in Official Capacity as Acting Secretary of Labor), United States Department of Labor, filed. (Ren, Shawn)
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Filing 25
REPLY in Support of #7 MOTION for Preliminary Injunction, filed by ABM Industry Groups, LLC. (Eschbach, Catherine)
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Filing 24
RESPONSE in Opposition to #7 MOTION for Preliminary Injunction, filed by Willow Eden Fort (in her official capacity as an Administrative Law Judge of the U.S. Dept.of Labor), Michele Hodge (in official capacity as Acting Director of the Office of Federal Contract Compliance Programs, U.S. Dept of Labor), Office of Federal Contract Compliance Programs (an administrative subdivision of the U.S. Dept. of Labor), Julie Su (in Official Capacity as Acting Secretary of Labor), United States Department of Labor. (Attachments: #1 Exhibit) (Parker, Lisa Luz)
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Filing 23
CERTIFICATE OF INTERESTED PARTIES by ABM Industry Groups, LLC, filed. (Eschbach, Catherine)
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Filing 22
RETURN of Service Executed as to U.S. Attorney Southern District of Texas Alamdar Hamdani on 09/11/2024 re: Summons to the United States, filed. (Eschbach, Catherine)
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Filing 21
RETURN of Service of SUMMONS Executed as to Willow Eden Fort (in her official capacity as an Administrative Law Judge of the U.S. Dept.of Labor) served on 9/12/2024, answer due 11/12/2024, filed. (Eschbach, Catherine)
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Filing 20
RETURN of Service of SUMMONS Executed as to Michele Hodge (in official capacity as Acting Director of the Office of Federal Contract Compliance Programs, U.S. Dept of Labor) served on 9/12/2024, answer due 11/12/2024, filed. (Eschbach, Catherine)
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Filing 19
RETURN of Service of SUMMONS Executed as to Julie Su (in Official Capacity as Acting Secretary of Labor) served on 9/12/2024, answer due 11/12/2024, filed. (Eschbach, Catherine)
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Filing 18
RETURN of Service of SUMMONS Executed as to Office of Federal Contract Compliance Programs (an administrative subdivision of the U.S. Dept. of Labor) served on 9/12/2024, answer due 11/12/2024, filed. (Eschbach, Catherine)
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Filing 17
RETURN of Service of SUMMONS Executed as to United States Department of Labor served on 9/12/2024, answer due 11/12/2024, filed. (Eschbach, Catherine)
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Filing 16
ORDER - Granting #11 Motion for Jay J. Wang to Appear Pro Hac Vice for ABM Industry Groups, LLC. Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here. (Signed by Judge Sim Lake) Parties notified. (sra4)
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Filing 15
ORDER - Granting #10 Motion for Alexa L. Morgan to Appear Pro Hac Vice for ABM Industry Groups, LLC. Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here. (Signed by Judge Sim Lake) Parties notified. (sra4)
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Filing 14
ORDER - Granting #9 Motion for John C. Fox to Appear Pro Hac Vice for ABM Industry Groups, LLC. Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here. (Signed by Judge Sim Lake) Parties notified. (sra4)
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Filing 13
ORDER - Granting #8 Motion for Michael E. Kenneally to Appear Pro Hac Vice for ABM Industry Groups, LLC. Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here. (Signed by Judge Sim Lake) Parties notified. (sra4)
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Filing 12
Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General. Issued summons returned to plaintiff by NEF, filed. (rlm4)
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Filing 11
MOTION to Appear Pro Hac Vice for Jay J. Wang (Fee Paid: $100, receipt number ATXSDC-32169421) by ABM Industry Groups, LLC, filed. Motion Docket Date 10/2/2024. (Eschbach, Catherine)
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Filing 10
MOTION to Appear Pro Hac Vice for Alexa L. Morgan (Fee Paid: $100, receipt number ATXSDC-32169350) by ABM Industry Groups, LLC, filed. Motion Docket Date 10/2/2024. (Eschbach, Catherine)
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Filing 9
MOTION to Appear Pro Hac Vice for John C. Fox (Fee Paid: $100, receipt number ATXSDC-32169195) by ABM Industry Groups, LLC, filed. Motion Docket Date 10/2/2024. (Eschbach, Catherine)
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Filing 8
MOTION to Appear Pro Hac Vice for Michael E. Kenneally (Fee Paid: $100, receipt number ATXSDC-32169128) by ABM Industry Groups, LLC, filed. Motion Docket Date 10/2/2024. (Kenneally, Michael)
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Filing 7
MOTION for Preliminary Injunction by ABM Industry Groups, LLC, filed. Motion Docket Date 10/1/2024. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order) (Eschbach, Catherine)
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Filing 6
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/6/2024 at 03:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified. (hlc4)
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Filing 5
CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (hlc4)
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Referral Judge Selected: Magistrate Judge Christina A. Bryan randomly selected to receive referrals. The selected Magistrate Judge is not assigned to this case until a District Judge refers the case or a motion or the parties consent to jurisdiction of the Magistrate Judge. Once a referral has been made, the name of the referral judge will appear at the top of the docket sheet. (hlc4)
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Filing 4
Request for Issuance of Summons as to All Defendants, U.S. Attorney - Southern District of Texas, filed. (Eschbach, Catherine)
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Filing 3
CORPORATE DISCLOSURE STATEMENT by ABM Industry Groups, LLC identifying ABM Industries Incorporated; BlackRock, Inc. owning 10% or more of ABM Industries Incorporated stock as Corporate Parent, filed. (Eschbach, Catherine)
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Filing 2
Civil Cover Sheet for Complaint by ABM Industry Groups, LLC, filed. (Eschbach, Catherine)
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Filing 1
COMPLAINT against Willow Eden Fort (in her official capacity as an Administrative Law Judge of the U.S. Dept.of Labor), Michele Hodge (in official capacity as Acting Director of the Office of Federal Contract Compliance Programs, U.S. Dept of Labor), Office of Federal Contract Compliance Programs (an administrative subdivision of the U.S. Dept. of Labor), Julie Su (in Official Capacity as Acting Secretary of Labor), United States Department of Labor (Filing fee $ 405 receipt number ATXSDC-32157540) filed by ABM Industry Groups, LLC. (Eschbach, Catherine)
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| Search for this case: ABM Industry Groups, LLC v. United States Department of Labor et al | |
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| Defendant: Julie Su (in Official Capacity as Acting Secretary of Labor) | |
| Represented By: | Shawn David Ren |
| Represented By: | Lisa Luz Parker |
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| Defendant: Willow Eden Fort (in her official capacity as an Administrative Law Judge of the U.S. Dept.of Labor) | |
| Represented By: | Shawn David Ren |
| Represented By: | Lisa Luz Parker |
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| Defendant: United States Department of Labor | |
| Represented By: | Shawn David Ren |
| Represented By: | Lisa Luz Parker |
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| Defendant: Michele Hodge (in official capacity as Acting Director of the Office of Federal Contract Compliance Programs, U.S. Dept of Labor) | |
| Represented By: | Shawn David Ren |
| Represented By: | Lisa Luz Parker |
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| Defendant: Office of Federal Contract Compliance Programs (an administrative subdivision of the U.S. Dept. of Labor) | |
| Represented By: | Shawn David Ren |
| Represented By: | Lisa Luz Parker |
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| Plaintiff: ABM Industry Groups, LLC | |
| Represented By: | Catherine Lynn Eschbach |
| Represented By: | Michael E Kenneally |
| Represented By: | John C. Fox |
| Represented By: | Jay J Wang |
| Represented By: | Alexa L Morgan |
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