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Coalition for Workforce Innovation et al v. Walsh et al, Docket No. 1:21-cv-00130 (E.D. Tex. Mar 26, 2021), Court Docket
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Coalition for Workforce Innovation et al v. Walsh et al

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Court Dockets
txed
U.S. District Court
Eastern District of TEXAS [LIVE] (Beaumont)
CIVIL DOCKET FOR CASE #: 1:21-cv-00130-MAC

Coalition for Workforce Innovation et al v. Walsh et al

DOCKET INFORMATION
Minimize
Date Filed: Mar 26, 2021
Nature of suit:899 Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Assigned to:District Judge Marcia A. Crone
Case in other court:5CA, 22-40316
Cause:28:1331 Fed. Question: Fair Labor Standards
Date terminated:2022-03-14
Jurisdiction:U.S. Government Defendant
Jury demand:None

Parties and Attorneys

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 Plaintiff
Coalition for Workforce Innovation
Plaintiff
Representation
Robert Francois Friedman
Littler Mendelson, P.C. - Dallas
2001 Ross Ave
Suite 1500, Lock Box 116
Dallas, TX 75201-2931
(214) 880-8155
rfriedman@littler.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Maurice Baskin
Littler Mendelson, PC - DC
815 Connecticut Ave, NW
Washington, DC 20006
(202) 772-2526
Fax: (202) 318-4048
mbaskin@littler.com
ATTORNEY TO BE NOTICED
Sean Michael McCrory
Littler Mendelson, PC - Dallas
2001 Ross Avenue, Suite 1500
Lock Box 116
Dallas, TX 75201-2931
(214) 880-8100
Fax: (214) 880-0181
smccrory@littler.com
ATTORNEY TO BE NOTICED

 Plaintiff
Associated Builders and Contractors of Southeast Texas
Plaintiff
Representation
Robert Francois Friedman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Maurice Baskin
(See above for address)
ATTORNEY TO BE NOTICED
Sean Michael McCrory
(See above for address)
ATTORNEY TO BE NOTICED

 Plaintiff
Associated Builders and Contractors, Inc.
Plaintiff
Representation
Robert Francois Friedman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Maurice Baskin
(See above for address)
ATTORNEY TO BE NOTICED
Sean Michael McCrory
(See above for address)
ATTORNEY TO BE NOTICED

 Plaintiff
Financial Services Institute, Inc.
Plaintiff
Representation
Robert Francois Friedman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Maurice Baskin
(See above for address)
ATTORNEY TO BE NOTICED
Sean Michael McCrory
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Marty Walsh
in his official capacity as Secretary of Labor, United States Department of Labor
Defendant
Representation
Robert Charles Merritt
1100 L Street NW
Washington, DC 20005
(202) 616-8098
Fax: (202) 616-8470
robert.c.merritt@usdoj.gov
U.S. Department of Justice - Civil Division - DC L
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Alexis J Echols
United States Department of Justice - 1100 DC
1100 L Street, NW
Washington, DC 20005
(202) 305-8613
Fax: (202) 616-8470
alexis.j.echols@usdoj.gov
TERMINATED: 09/24/2021
PRO HAC VICE
Andrea Hedrick Parker, U S Attorney
350 Magnolia
Suite 150
Beaumont, TX 77701
(409) 839-2538
Fax: (409) 839-2643
andrea.parker@usdoj.gov
ATTORNEY TO BE NOTICED

 Defendant
Jessica Looman
in her official capacity as Principal Deputy Administrator, Division of Wage and Hour
Defendant
Representation
Alexis J Echols
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Robert Charles Merritt
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Andrea Hedrick Parker
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
United States Department of Labor
Defendant
Representation
Robert Charles Merritt
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Alexis J Echols
(See above for address)
TERMINATED: 09/24/2021
PRO HAC VICE
Andrea Hedrick Parker
(See above for address)
ATTORNEY TO BE NOTICED

Docket Entries

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EntryFiledPDFDescription
1Mar 26, 2021ViewCOMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0540-8322998.), filed by Coalition for Workforce Innovation, Associated Builders and Contractors, Inc., Associated Builders and Contractors of Southeast Texas.(Friedman, Robert) (Entered: 03/26/2021)
2Mar 26, 2021ViewAdditional Attachments to Main Document: Civil Cover Sheet to 1 Complaint (Friedman, Robert) Modified on 3/29/2021 (bjc, ). (Entered: 03/26/2021)
3Mar 26, 2021ViewNOTICE of interested parties filed by Associated Builders and Contractors of Southeast Texas, Associated Builders and Contractors, Inc., Coalition for Workforce Innovation (Friedman, Robert) (Entered: 03/26/2021)
Mar 29, 2021Case assigned to District Judge Marcia A. Crone. (bjc, ) (Entered: 03/29/2021)
Mar 29, 2021In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (bjc, ) (Entered: 03/29/2021)
4Apr 5, 2021ViewSummons issued and emailed to Plaintiffs attorney for service as to Jessica Looman, United States Department of Labor, Marty Walsh, U.S. Attorney and U.S. Attorney General (bjc, ) (Entered: 04/05/2021)
5Apr 13, 2021RequestNOTICE of Attorney Appearance - Pro Hac Vice by Alexis J Echols on behalf of All Defendants. Filing fee $ 100-Waived. (saenz, ) (Entered: 04/13/2021)
6May 13, 2021ViewAMENDED COMPLAINT against All Defendants, filed by Coalition for Workforce Innovation, Associated Builders and Contractors, Inc., Associated Builders and Contractors of Southeast Texas.(Friedman, Robert) (Entered: 05/13/2021)
7Jun 7, 2021RequestNOTICE of Attorney Appearance - Pro Hac Vice by Maurice Baskin on behalf of All Plaintiffs. Filing fee $ 100, receipt number 0540-8443162. (Baskin, Maurice) (Entered: 06/07/2021)
8Jun 7, 2021ViewANSWER to 6 Amended Complaint by Jessica Looman, United States Department of Labor, Marty Walsh.(Echols, Alexis) (Entered: 06/07/2021)
9Jun 8, 2021ViewORDER to conduct Rule 26(f) conference no later than July 8, 2021. Joint written report filed no later than July 22, 2021. Signed by District Judge Marcia A. Crone on 6/8/2021. (bjc, ) (Entered: 06/09/2021)
Jun 17, 2021NOTICE of Hearing: Scheduling Conference set for 7/8/2021 at 2:00 PM in Ctrm 3 (Beaumont) before District Judge Marcia A. Crone. (jc, ) (Entered: 06/17/2021)
11Jun 17, 2021ViewAMENDED ORDER to conduct Rule 26(f) conference no later than June 28, 2021. Joint written report filed no later than July 2, 2021. Signed by District Judge Marcia A. Crone on 6/17/2021. (bjc, ) (Entered: 06/21/2021)
10Jun 18, 2021ViewSTIPULATION (JOINT) REGARDING PROPOSED SCHEDULE FOR FURTHER PROCEEDINGS by Jessica Looman, United States Department of Labor, Marty Walsh. (Echols, Alexis) (Entered: 06/18/2021)
12Jul 1, 2021ViewREPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Joint Stipulation re Proposed Schedule for Further Proceedings)(Baskin, Maurice) (Entered: 07/01/2021)
13Jul 1, 2021RequestNOTICE of Attorney Appearance by Sean Michael McCrory on behalf of Coalition for Workforce Innovation (McCrory, Sean) (Entered: 07/01/2021)
14Jul 6, 2021RequestNOTICE of Attorney Appearance by Andrea Hedrick Parker on behalf of Jessica Looman, United States Department of Labor, Marty Walsh (Parker, Andrea) (Entered: 07/06/2021)
15Jul 8, 2021RequestMinute Entry for proceedings held before District Judge Marcia A. Crone: Scheduling Conference held on 7/8/2021. Counsel convened on July 8, 2021, to inform the court of the facts and issues in this case, which involves the Government's alleged violaton of the Administrative Procedure Act. The court and counsel agreed to a scheduling order which will govern all future proceedings. (bjc, ) (Entered: 07/09/2021)
16Jul 9, 2021ViewSCHEDULING ORDER setting various deadlines. Signed by District Judge Marcia A. Crone on 7/9/21. (kcv, ) (Entered: 07/09/2021)
17Jul 16, 2021ViewNOTICE by Jessica Looman, United States Department of Labor, Marty Walsh of Filing the Certified List of the Administrative Record (Attachments: # 1 Exhibit Certified List of Administrative Record)(Echols, Alexis) (Entered: 07/16/2021)
18Aug 2, 2021View***PLEASE IGNORE RESPONSE DEADLINE.*** MOTION for Summary Judgment and Brief in Support by Associated Builders and Contractors of Southeast Texas, Associated Builders and Contractors, Inc., Coalition for Workforce Innovation, Financial Services Institute, Inc.. Responses due by 8/23/2021 (Attachments: # 1 Text of Proposed Order)(Baskin, Maurice) Modified on 8/3/2021 (bjc, ). (Entered: 08/02/2021)
Aug 3, 2021***PLEASE IGNORE response deadline in Document # 18, Motion for summary judgment. This should not have been set by the attorney.*** (bjc, ) (Entered: 08/03/2021)
19Aug 9, 2021View***FILED IN ERROR. PLEASE IGNORE.*** Unopposed MOTION for Extension of Time to File by Jessica Looman, United States Department of Labor, Marty Walsh. (Attachments: # 1 Text of Proposed Order)(Echols, Alexis) Modified on 8/10/2021 (bjc, ). (Entered: 08/09/2021)
Aug 10, 2021***FILED IN ERROR. Document # 19, motion for extension of time. No certificate of conference. PLEASE IGNORE. Attorney will re-file.*** (bjc, ) (Entered: 08/10/2021)
20Aug 10, 2021RequestUnopposed MOTION for Extension of Time to File by Jessica Looman, United States Department of Labor, Marty Walsh. (Attachments: # 1 Text of Proposed Order)(Echols, Alexis) (Entered: 08/10/2021)
21Aug 11, 2021ViewFIRST AMENDED SCHEDULING ORDER resetting various deadlines. Order granting 20 Unopposed MOTION for Extension of Time. Signed by District Judge Marcia A. Crone on 8/11/2021. (bjc, ) (Entered: 08/12/2021)
22Aug 27, 2021RequestUnopposed MOTION for Leave to File Excess Pages and File Combined Brief by Jessica Looman, United States Department of Labor, Marty Walsh. (Attachments: # 1 Text of Proposed Order)(Echols, Alexis) (Entered: 08/27/2021)
23Aug 30, 2021ViewCross-MOTION for Summary Judgment and Response to Plaintiffs' 18 Motion for Summary Judgment by Jessica Looman, United States Department of Labor, Marty Walsh. (Attachments: # 1 Text of Proposed Order)(Echols, Alexis) (Entered: 08/30/2021)
24Aug 30, 2021RequestORDER granting 22 Motion to file combined brief and exceed page limit. Signed by District Judge Marcia A. Crone on 8/30/2021. (bjc, ) (Entered: 08/30/2021)
25Sep 20, 2021ViewRESPONSE to Defendants' 23 Cross-MOTION for Summary Judgment and Reply to Defendants' response to Plaintiffs' 18 Motion for Summary Judgment filed by Associated Builders and Contractors of Southeast Texas, Associated Builders and Contractors, Inc., Coalition for Workforce Innovation, Financial Services Institute, Inc.. (Baskin, Maurice) (Entered: 09/20/2021)
26Sep 22, 2021RequestNOTICE of Attorney Appearance - Pro Hac Vice by Robert Charles Merritt on behalf of United States Department of Labor. Filing fee $ 100-waived. (saenz, ) (Entered: 09/22/2021)
27Sep 24, 2021RequestNOTICE of Attorney Appearance by Robert Charles Merritt on behalf of All Defendants (Merritt, Robert) (Entered: 09/24/2021)
28Oct 5, 2021RequestUnopposed MOTION for Extension of Time to File Response/Reply as to 25 Response to Motion, by Jessica Looman, United States Department of Labor, Marty Walsh. (Attachments: # 1 Text of Proposed Order)(Merritt, Robert) (Entered: 10/05/2021)
29Oct 6, 2021ViewSECOND AMENDED SCHEDULING ORDER. Signed by District Judge Marcia A. Crone on 10/6/2021. (bjc, ) (Entered: 10/06/2021)
30Oct 21, 2021ViewREPLY to Response to Motion re 23 MOTION for Summary Judgment and Response to Plaintiffs' Motion for Summary Judgment filed by Jessica Looman, United States Department of Labor, Marty Walsh. (Merritt, Robert) (Entered: 10/21/2021)
31Nov 4, 2021ViewNOTICE by Associated Builders and Contractors of Southeast Texas, Associated Builders and Contractors, Inc., Coalition for Workforce Innovation, Financial Services Institute, Inc. Joint Appendix (Attachments: # 1 Appendix Joint Appendix)(Baskin, Maurice) (Entered: 11/04/2021)
32Mar 14, 2022ViewMEMORANDUM and ORDER. Plaintiffs Motion for Summary Judgment (#18) is GRANTED, and Defendants Cross-Motion for Summary Judgment (#23) is DENIED. Ordered that the Delay Rule, Independent Contractor Status Under the Fair Labor Standards Act (FLSA): Delay of Effective Date, 86 Fed. Reg. 12,535 (Mar. 4, 2021), and the Withdrawal Rule, Independent Contractor Status Under the Fair Labor Standards Act (FLSA): Withdrawal, 86 Fed. Reg. 24,303 (May 6, 2021), are VACATED. Therefore, the Independent Contractor Rule, Independent Contractor Status Under the Fair Labor Standards Act, 86 Fed. Reg. 1,168 (Jan. 7, 2021), became effective as of March 8, 2021, the rules original effective date, and remains in effect. Signed by District Judge Marcia A. Crone on 3/14/2022. (bjc, ) (Entered: 03/15/2022)
33Mar 14, 2022RequestFINAL JUDGMENT. Ordered that the Delay Rule, Independent Contractor Status Under the Fair Labor Standards Act (FLSA): Delay of Effective Date, 86 Fed. Reg. 12,535 (Mar. 4, 2021), and the Withdrawal Rule, Independent Contractor Status Under the Fair Labor Standards Act (FLSA): Withdrawal, 86 Fed. Reg. 24,303 (May 6, 2021), are VACATED. Therefore, the Independent Contractor Rule, Independent Contractor Status Under the Fair Labor Standards Act, 86 Fed. Reg. 1,168 (Jan. 7, 2021), became effective as of March 8, 2021, the rules original effective date, and remains in effect. Signed by District Judge Marcia A. Crone on 3/14/2022. (bjc, ) (Entered: 03/15/2022)
34May 13, 2022ViewNOTICE OF APPEAL re 32 memorandum order and 33 final judgment by Jessica Looman, United States Department of Labor, Marty Walsh. (Merritt, Robert) (Entered: 05/13/2022)
May 20, 2022NOTICE of Docketing Notice of Appeal from USCA re 34 Notice of Appeal filed by Jessica Looman, Marty Walsh, United States Department of Labor. USCA Case Number 22-40316 (bjc, ) (Entered: 05/20/2022)
May 20, 2022NOTICE of certification of eROA provided to 5th Circuit Court of Appeals (bjc, ) (Entered: 05/20/2022)
May 25, 2022USCA 5th Circuit Notice: Original eROA has been accepted. (bjc, ) (Entered: 05/25/2022)
May 25, 2022Appeal Remark re: Counsel can access the record on appeal by following the instructions in the link. If an appearance wasn't made in the appellant court, counsel doesn't have access through the link. http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf re 34 Notice of Appeal : (bjc, ) (Entered: 05/25/2022)

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