Docket Entries Since Last Update
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Court Dockets
U.S. District Court
Eastern District of TEXAS [LIVE] (Beaumont)
CIVIL DOCKET FOR CASE #: 1:21-cv-00130-MAC
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
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| Plaintiff |
Coalition for Workforce Innovation
Plaintiff
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| 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 | |
| Defendant |
Marty Walsh in his official capacity as Secretary of Labor, United States Department of LaborDefendant
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| 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 | |
Numbers shown are court assigned numbers.
| Entry | Filed | Description | |
|---|---|---|---|
| 1 | Mar 26, 2021 | View | COMPLAINT 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) |
| 2 | Mar 26, 2021 | View | Additional Attachments to Main Document: Civil Cover Sheet to 1 Complaint (Friedman, Robert) Modified on 3/29/2021 (bjc, ). (Entered: 03/26/2021) |
| 3 | Mar 26, 2021 | View | NOTICE 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, 2021 | Case assigned to District Judge Marcia A. Crone. (bjc, ) (Entered: 03/29/2021) | ||
| Mar 29, 2021 | In 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) | ||
| 4 | Apr 5, 2021 | View | Summons 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) |
| 5 | Apr 13, 2021 | Request | NOTICE of Attorney Appearance - Pro Hac Vice by Alexis J Echols on behalf of All Defendants. Filing fee $ 100-Waived. (saenz, ) (Entered: 04/13/2021) |
| 6 | May 13, 2021 | View | AMENDED 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) |
| 7 | Jun 7, 2021 | Request | NOTICE 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) |
| 8 | Jun 7, 2021 | View | ANSWER to 6 Amended Complaint by Jessica Looman, United States Department of Labor, Marty Walsh.(Echols, Alexis) (Entered: 06/07/2021) |
| 9 | Jun 8, 2021 | View | ORDER 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, 2021 | NOTICE 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) | ||
| 11 | Jun 17, 2021 | View | AMENDED 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) |
| 10 | Jun 18, 2021 | View | STIPULATION (JOINT) REGARDING PROPOSED SCHEDULE FOR FURTHER PROCEEDINGS by Jessica Looman, United States Department of Labor, Marty Walsh. (Echols, Alexis) (Entered: 06/18/2021) |
| 12 | Jul 1, 2021 | View | REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Joint Stipulation re Proposed Schedule for Further Proceedings)(Baskin, Maurice) (Entered: 07/01/2021) |
| 13 | Jul 1, 2021 | Request | NOTICE of Attorney Appearance by Sean Michael McCrory on behalf of Coalition for Workforce Innovation (McCrory, Sean) (Entered: 07/01/2021) |
| 14 | Jul 6, 2021 | Request | NOTICE 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) |
| 15 | Jul 8, 2021 | Request | Minute 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) |
| 16 | Jul 9, 2021 | View | SCHEDULING ORDER setting various deadlines. Signed by District Judge Marcia A. Crone on 7/9/21. (kcv, ) (Entered: 07/09/2021) |
| 17 | Jul 16, 2021 | View | NOTICE 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) |
| 18 | Aug 2, 2021 | View | ***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) | ||
| 19 | Aug 9, 2021 | View | ***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) | ||
| 20 | Aug 10, 2021 | Request | 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) (Entered: 08/10/2021) |
| 21 | Aug 11, 2021 | View | FIRST 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) |
| 22 | Aug 27, 2021 | Request | Unopposed 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) |
| 23 | Aug 30, 2021 | View | Cross-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) |
| 24 | Aug 30, 2021 | Request | ORDER 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) |
| 25 | Sep 20, 2021 | View | RESPONSE 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) |
| 26 | Sep 22, 2021 | Request | NOTICE 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) |
| 27 | Sep 24, 2021 | Request | NOTICE of Attorney Appearance by Robert Charles Merritt on behalf of All Defendants (Merritt, Robert) (Entered: 09/24/2021) |
| 28 | Oct 5, 2021 | Request | Unopposed 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) |
| 29 | Oct 6, 2021 | View | SECOND AMENDED SCHEDULING ORDER. Signed by District Judge Marcia A. Crone on 10/6/2021. (bjc, ) (Entered: 10/06/2021) |
| 30 | Oct 21, 2021 | View | REPLY 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) |
| 31 | Nov 4, 2021 | View | NOTICE 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) |
| 32 | Mar 14, 2022 | View | MEMORANDUM 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) |
| 33 | Mar 14, 2022 | Request | FINAL 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) |
| 34 | May 13, 2022 | View | NOTICE 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, 2022 | NOTICE 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, 2022 | NOTICE of certification of eROA provided to 5th Circuit Court of Appeals (bjc, ) (Entered: 05/20/2022) | ||
| May 25, 2022 | USCA 5th Circuit Notice: Original eROA has been accepted. (bjc, ) (Entered: 05/25/2022) | ||
| May 25, 2022 | Appeal 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) |