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Court Dockets
United States Court of Appeals for the Ninth Circuit
Docket for Case #: 20-73203
Docket for Case #: 20-73203
In re: AFT, et al v. OSHA, et al
DOCKET INFORMATION
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In re: AMERICAN FEDERATION OF TEACHERS
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AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES
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WASHINGTON STATE NURSES ASSOCIATION
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UNITED NURSES ASSOCIATION OF CALIFORNIA/UNION OF HEALTH CARE PROFESSIONALS
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| Entry | Filed | Description | |
|---|---|---|---|
| BL-1 | Oct 29, 2020 | View | FILED PETITION FOR WRIT OF MANDAMUS. DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. NOTIFIED RESPONDENTS OF FILING. [11875280] (JBS) |
| BL-2 | Nov 2, 2020 | Request | Filed (ECF) notice of appearance of Joseph G. Gilliland (United States Department of Labor, Office of the Solicitor, 200 Constitution Ave. NW, Room S-4004, Washington, D.C. 20210) for Respondents OSHA, Eugene Scalia and USDOL. Substitution for Attorney Mr. Thomas Tso for Respondents OSHA, Eugene Scalia and USDOL. Date of service: 11/02/2020. (Party was previously proceeding with counsel.) [11878100] [20-73203] (Gilliland, Joseph) |
| BL-3 | Nov 2, 2020 | Request | Attorneys Thomas Tso, Thomas Tso and Thomas Tso in 20-73203 substituted by Attorneys Joseph G. Gilliland, Joseph G. Gilliland and Joseph G. Gilliland in 20-73203 [11878993] (CW) |
| BL-4 | Nov 18, 2020 | Request | This case is being considered for an upcoming oral argument calendar in San Francisco<br><br>Please review the San Francisco sitting dates for March 2021 and the 2 subsequent sitting months in that location at <a href="http://www.ca9.uscourts.gov/court_sessions" >http://www.ca9.uscourts.gov/court_sessions</a>. If you have an unavoidable conflict on any of the dates, please file <a href="http://www.ca9.uscourts.gov/forms/form32.pdf">Form 32</a> <b>within 3 business days of this notice</b> using the CM/ECF filing type <b>Response to Case Being Considered for Oral Argument</b>. Please follow the form's <a href="http://www.ca9.uscourts.gov/forms/form32instructions.pdf">instructions</a> carefully.<br><br>When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.<br><br>If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter <b>within 3 business days of this notice</b>, using CM/ECF (<b>Type of Document</b>: Correspondence to Court; <b>Subject</b>: request for mediation).[11898412]. [20-73203] (AW) |
| BL-5 | Nov 19, 2020 | Request | Filed order (RICHARD R. CLIFTON, SANDRA S. IKUTA and KENNETH K. LEE): This petition for a writ of mandamus raises issues that warrant an answer. See Fed. R. App. P. 21(b). Accordingly, within 14 days after the date of this order, respondents shall file an answer. Petitioners may file a reply within 7 days after service of the answer. The petition, answer, and any reply shall be referred to the next available argument panel. See 9th Cir. Gen. Ord. 3.3(f). [11899053] (AF) |
| BL-6 | Nov 19, 2020 | Request | Filed (ECF) Streamlined request for extension of time to file Answering Brief by Respondents OSHA, Eugene Scalia and USDOL. New requested due date is 12/31/2020. [11899792] [20-73203] (Gilliland, Joseph) |
| BL-7 | Nov 20, 2020 | Request | <b>Streamlined request [6] by Respondents OSHA, Eugene Scalia and USDOL to extend time to file the brief is approved. Amended briefing schedule: Respondents In Re Occupational Safety and Health Administration, Eugene Scalia and U.S. Department of Labor answering brief due 12/31/2020. The reply brief is due 7 days from the date of service of the answering brief. </b> [11901582] (DLM) |
| BL-8 | Nov 24, 2020 | Request | Filed (ECF) Streamlined request for extension of time to file Reply Brief by Petitioners AFSCME, AFT, United Nurses Association of California/Union of Health Care Professionals and Washington State Nurses Association. New requested due date is 01/28/2021. [11905174] [20-73203] (Dubner, Jeffrey) |
| BL-9 | Nov 24, 2020 | Request | <b>Streamlined request [8] by Petitioners AFSCME, AFT, United Nurses Association of California/Union of Health Care Professionals and Washington State Nurses Association to extend time to file the brief is not approved because it is unnecessary. The answering brief has not been filed. The reply brief is due 7 days from the date of service of the answering brief </b> [11905205] (DLM) |
| BL-10 | Dec 20, 2020 | Request | Notice of Oral Argument on Wednesday, March 3, 2021 - 09:30 A.M. - Courtroom 1 - Scheduled Location: San Francisco CA.<br>The hearing time is the local time zone at the scheduled hearing location, even if the argument is fully remote.<br><br><br>View the Oral Argument Calendar for your case <a href="http://www.ca9.uscourts.gov/calendar/view.php?caseno=20-73203"><b>here</b></a>.<br><br>NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. <i>See</i> Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, any argument may be held <b>remotely</b> with all of the judges and attorneys appearing by video or telephone. Travel to a courthouse will not be required. If the panel determines that it will hold oral argument, the Clerk's Office will be in contact with you directly at least two weeks before the set argument date to make any necessary arrangements for remote appearance. <br><br>Be sure to review the <a href="http://cdn.ca9.uscourts.gov/datastore/uploads/forms/hearing_notice/ntc_hear.pdf">GUIDELINES</a> for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible).<br><br>If you are the specific attorney or self-represented party who will be arguing, use the <b><u><a href="http://www.ca9.uscourts.gov/calendar/info.php?view=Forms">ACKNOWLEDGMENT OF HEARING NOTICE</a></u></b> filing type in CM/ECF no later than 21 days before Wednesday, March 3, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11933960]. [20-73203] (AW) |
| BL-11 | Dec 24, 2020 | Request | Filed (ECF) Service Employees International Union Motion to become amicus curiae. Date of service: 12/24/2020. [11944840] [20-73203] (Chisholm, Barbara) |
| BL-12 | Dec 24, 2020 | Request | Entered appearance of Amicus Curiae - Pending Service Employees International Union. [11944990] (RR) |
| BL-13 | Dec 31, 2020 | View | Filed (ECF) Respondents OSHA, Eugene Scalia and USDOL answer to Writ of Mandamus petition. Date of service: 12/31/2020. [11949676] [20-73203] (Gilliland, Joseph) |
| BL-14 | Dec 31, 2020 | Request | Filed (ECF) Petitioners AFSCME, AFT, United Nurses Association of California/Union of Health Care Professionals and Washington State Nurses Association Unopposed Motion to extend time to file reply to response to petition for writ of mandamus. Date of service: 12/31/2020. [11949773] [20-73203]--[COURT UPDATE: Updated docket text to reflect content of filing. 12/31/2020 by SLM] (Dubner, Jeffrey) |
| BL-15 | Jan 4, 2021 | Request | Filed (ECF) Respondents OSHA, Eugene Scalia and USDOL response opposing motion ( Motion (ECF Filing)). Date of service: 01/04/2021. [11950774] [20-73203] (Gilliland, Joseph) |
| BL-16 | Jan 5, 2021 | Request | Filed text clerk order (Deputy Clerk: AF): Petitioners' unopposed motion to extend time to file a reply in response to their petition for writ of mandamus (ECF No. ) is granted. [11952579] (AF) |
| BL-17 | Jan 6, 2021 | Request | Filed (ECF) Amicus Curiae - Pending Service Employees International Union reply to response (motion to become amicus). Date of service: 01/06/2021. [11954074] [20-73203] (Chisholm, Barbara) |
| BL-18 | Jan 18, 2021 | Request | Submitted (ECF) Amicus Brief for review. Submitted by Amicus Curiae - Pending Service Employees International Union. Date of service: 01/18/2021. [11966837] [20-73203] (Chisholm, Barbara) |
| BL-19 | Jan 25, 2021 | Request | Notice of Oral Argument on Wednesday, March 3, 2021 - 1:30 P.M. - Courtroom 1 - Scheduled Location: San Francisco CA.<br>The hearing time is the local time zone at the scheduled hearing location, even if the argument is fully remote.<br><br><br>View the Oral Argument Calendar for your case <a href="http://www.ca9.uscourts.gov/calendar/view.php?caseno=20-73203"><b>here</b></a>.<br><br>NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. <i>See</i> Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, any argument may be held <b>remotely</b> with all of the judges and attorneys appearing by video or telephone. Travel to a courthouse will not be required. If the panel determines that it will hold oral argument, the Clerk's Office will be in contact with you directly at least two weeks before the set argument date to make any necessary arrangements for remote appearance. <br><br>Be sure to review the <a href="http://cdn.ca9.uscourts.gov/datastore/uploads/forms/hearing_notice/ntc_hear.pdf">GUIDELINES</a> for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible).<br><br>If you are the specific attorney or self-represented party who will be arguing, use the <b><u><a href="http://www.ca9.uscourts.gov/calendar/info.php?view=Forms">ACKNOWLEDGMENT OF HEARING NOTICE</a></u></b> filing type in CM/ECF no later than 21 days before Wednesday, March 3, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11979540]. [20-73203] (AW) |
| BL-20 | Jan 25, 2021 | Request | Filed text clerk order (Deputy Clerk: AF): SEIU's motion for leave to file an amicus curiae brief supporting petitioners (ECF No. ) is granted. [11980659] (AF) |
| BL-21 | Jan 25, 2021 | Request | Filed clerk order: The amicus brief submitted by Service Employees International Union is filed. No paper copies are required at this time. [11980808] (LA) |
| BL-22 | Jan 26, 2021 | Request | Filed (ECF) Acknowledgment of hearing notice by Attorney Joseph G. Gilliland for Respondents OSHA, Eugene Scalia and USDOL. Hearing in San Francisco on 03/03/2021 at 1:30 P.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 01/26/2021. [11980965] [20-73203] (Gilliland, Joseph) |
| BL-23 | Jan 26, 2021 | Request | Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Michael Ceja Martinez for Petitioners AFSCME, AFT, United Nurses Association of California/Union of Health Care Professionals and Washington State Nurses Association. Hearing in San Francisco on 03/03/2021 at 1:30 P.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 15.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 01/26/2021. [11981368] [20-73203] (Martinez, Michael) |
| BL-24 | Jan 28, 2021 | Request | COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: . Original Text: Submitted (ECF) Reply Brief for review. Submitted by Petitioners AFSCME, AFT, United Nurses Association of California/Union of Health Care Professionals and Washington State Nurses Association. Date of service: 01/28/2021. [11984043] [20-73203] (Martinez, Michael) |
| BL-25 | Jan 28, 2021 | View | Filed (ECF) Petitioners AFSCME, AFT, United Nurses Association of California/Union of Health Care Professionals and Washington State Nurses Association reply to answer to Writ of Mandamus petition. Date of service: 01/28/2021. [11984165] --[COURT ENTERED FILING to correct entry [24] .] (TYL) |
| BL-26 | Jan 28, 2021 | Request | COURT DELETED INCORRECT/DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: . Original Text: Filed (ECF) Petitioners AFSCME, AFT, United Nurses Association of California/Union of Health Care Professionals and Washington State Nurses Association reply to answer to Writ of Mandamus petition. Date of service: 01/28/2021. [11984170]--[COURT ENTERED FILING to correct entry [24].] (SLM) |
| BL-27 | Feb 16, 2021 | View | Filed (ECF) Respondents OSHA and USDOL Joint Motion to stay appellate proceedings. Date of service: 02/16/2021. [12004857] [20-73203] (Gilliland, Joseph) |
| BL-28 | Feb 19, 2021 | Request | Filed order (Deputy Clerk: AF): The parties joint motion to remove this case from oral argument calendar and place the case in abeyance is GRANTED. The oral argument scheduled for March 3, 2021, is VACATED. The Clerk is directed to administratively close this docket, pending further order. The parties are directed to file a status report sixty (60) days from the date of this order. IT IS SO ORDERED. [12009716] (AF) |
| BL-29 | Apr 20, 2021 | View | Filed (ECF) Respondents OSHA and USDOL status report (as required by Court order dated 02/19/2021). Date of service: 04/20/2021 [12080616] [20-73203] (Gilliland, Joseph) |
| BL-30 | Jul 2, 2021 | View | Filed (ECF) Petitioners AFSCME, AFT, United Nurses Association of California/Union of Health Care Professionals and Washington State Nurses Association status report (as required by Court order dated 02/19/2021). Date of service: 07/02/2021 [12161208] [20-73203] (Martinez, Michael) |
| BL-31 | Jul 2, 2021 | Request | Filed clerk order (Deputy Clerk: AF): The parties joint request (ECF No. ) to continue to hold this case in abeyance to allow OSHA time to develop a notice of proposed rulemaking is GRANTED. The parties are directed to file a status report by December 15, 2021. IT IS SO ORDERED. [12161988] (AF) |
| BL-32 | Nov 19, 2021 | Request | Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Mr. Michael Ceja Martinez for Petitioners AFSCME, AFT, United Nurses Association of California/Union of Health Care Professionals and Washington State Nurses Association. Party proceeding without counsel: No. Date of service: 11/19/2021. [12292951] [20-73203] (Martinez, Michael) |
| BL-33 | Nov 19, 2021 | Request | Terminated Michael Ceja Martinez for Washington State Nurses Association, United Nurses Association of California/Union of Health Care Professionals, AFT and AFSCME in 20-73203 [12293129] (JFF) |
| BL-34 | Dec 15, 2021 | View | Filed (ECF) Respondents OSHA and USDOL status report (as required by Court order dated 07/02/2021). Date of service: 12/15/2021 [12316316] [20-73203] (Gilliland, Joseph) |
| BL-35 | Dec 23, 2021 | View | Filed clerk order (Deputy Clerk: AF): The parties joint request (ECF No. ) to continue to hold this case in abeyance to allow OSHA time to develop a notice of proposed rulemaking is GRANTED. The parties are directed to file a status report by March 15, 2022. [12323895] (AF) |
| BL-36 | Mar 15, 2022 | View | Filed (ECF) Respondents OSHA and USDOL status report (as required by Court order dated 12/23/2021). Date of service: 03/15/2022 [12395126] [20-73203] (Gilliland, Joseph) |
| BL-37 | Mar 22, 2022 | Request | Filed clerk order (Deputy Clerk: AF): The parties joint request (Dckt. No. ) to continue to hold this case in abeyance to allow OSHA more time to finalize its Covid-19 standard for healthcare and to develop a notice of proposed rulemaking for its broader infectious diseases standard is GRANTED. The parties are directed to file a status report by September 15, 2022. [12401512] (AF) |