Coalition v. Su

22-40316 | U.S. Court of Appeals, Fifth Circuit

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Filed May 16, 2022
Terminated Feb. 19, 2024
Judges Elrod, Haynes, and Douglas
Nature of Suit 2899 Other Statutes
Original Case 1:21-cv-00130
Last Updated: 2 weeks, 5 days ago Show Interactive Timeline
Filing Date # Docket Text
2/28/2024MANDATE ISSUED FORTHWITH. Mandate issue date satisfied. [22-40316] (CCR) [Entered: 02/28/2024 03:49 PM]
2/28/2024
  • OrderGranted
COURT ORDER granting Motion to issue the mandate forthwith filed by Appellees Associated Builders and Contractors of Southeast Texas, Financial Services Institute, Incorporated, Coalition for Workforce Innovation and Associated Builders and Contractors, Incorporated [84] [22-40316] (CCR) [Entered: 02/28/2024 03:40 PM]
2/26/2024
  • Motionby Π
MOTION filed by Appellees Coalition for Workforce Innovation, Associated Builders and Contractors of Southeast Texas, Associated Builders and Contractors, Incorporated and Financial Services Institute, Incorporated to issue the mandate forthwith [84]. Date of service: 02/26/2024 via email - Attorney for Appellees: Baskin, Friedman; Attorney for Appellants: Busa, Klein; US mail - Attorney for Appellant: Merritt [22-40316] (Maurice Baskin ) [Entered: 02/26/2024 09:35 AM]
2/19/2024
  • Motion to Lift StayGranted
COURT ORDER: IT IS ORDERED that Appellees' opposed motion to lift the stay of proceedings in this court is GRANTED; IT IS FURTHER ORDERED that Appellants' opposed motion to vacate the decision of the district court is GRANTED; the district court's decision is MOOT; IT IS FURTHER ORDERED that Appellees' opposed motion to remand case to the United States District Court for the Eastern District of Texas, Beaumont Division is GRANTED to allow the Plaintiffs to file an amended complaint. [59] [60] [59]. Mandate issue date is 04/12/2024. [22-40316] (RLL) [Entered: 02/19/2024 08:48 AM]
1/22/2024
  • Reply
REPLY filed by Appellants LABR, Ms. Jessica Looman and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor [72] to the filed by Appellees Associated Builders and Contractors of Southeast Texas, Associated Builders and Contractors, Incorporated, Coalition for Workforce Innovation and Financial Services Institute, Incorporated [66]. Date of Service: 01/22/2024 via email - Attorney for Appellees: Baskin, Friedman; Attorney for Appellants: Busa, Klein, Merritt. [22-40316] (Joseph Forrest Busa ) [Entered: 01/22/2024 02:01 PM]
1/22/2024
  • Replyby Π
REPLY filed by Appellees Associated Builders and Contractors of Southeast Texas, Associated Builders and Contractors, Incorporated, Coalition for Workforce Innovation and Financial Services Institute, Incorporated [70] to the filed by Appellees Associated Builders and Contractors of Southeast Texas, Associated Builders and Contractors, Incorporated, Coalition for Workforce Innovation and Financial Services Institute, Incorporated [59], to the filed by Appellees Associated Builders and Contractors of Southeast Texas, Associated Builders and Contractors, Incorporated, Coalition for Workforce Innovation and Financial Services Institute, Incorporated [59]. Date of Service: 01/22/2024 via email - Attorney for Appellees: Baskin, Friedman; Attorney for Appellants: Busa, Klein; US mail - Attorney for Appellant: Merritt. [22-40316] (Maurice Baskin ) [Entered: 01/22/2024 10:29 AM]
1/18/2024
  • Responseby Π
RESPONSE/OPPOSITION [66] to the Motion to vacate the decision of the district court filed by Appellants LABR, Ms. Jessica Looman and Mr. Marty J. Walsh in 22-40316. [60] Response/Opposition deadline satisfied. Date of Service: 01/18/2024. [22-40316] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RESPONSE/OPPOSITION filed by Associated Builders and Contractors of Southeast Texas, Associated Builders and Contractors, Incorporated, Coalition for Workforce Innovation and Financial Services Institute, Incorporated [66] to the filed by Appellants LABR, Ms. Jessica Looman and Mr. Marty J. Walsh [60] Date of Service: 01/18/2024 via email - Attorney for Appellees: Baskin, Friedman; Attorney for Appellants: Busa, Klein; US mail - Attorney for Appellant: Merritt. [22-40316] (Maurice Baskin ) [Entered: 01/18/2024 05:07 PM]
1/18/2024CASE CAPTION updated. Appellant Marty J. Walsh in 22-40316 substituted by Appellant Julie A. Su, Acting Secretary, U.S. Department of Labor in 22-40316, Party information modified for Jessica Looman in 22-40316. Update: updated party text for Jessica Looman as she is now Administrator of Division of Wage and Hour. [22-40316] (RLL) [Entered: 01/18/2024 12:05 PM]
1/17/2024
  • Response
RESPONSE/OPPOSITION [63] to the Motion to lift the stay of proceedings in this court filed by Appellees Associated Builders and Contractors of Southeast Texas, Financial Services Institute, Incorporated, Coalition for Workforce Innovation and Associated Builders and Contractors, Incorporated in 22-40316 [59], Motion to remand case filed by Appellees Associated Builders and Contractors of Southeast Texas, Financial Services Institute, Incorporated, Coalition for Workforce Innovation and Associated Builders and Contractors, Incorporated in 22-40316 [59]Response/Opposition deadline satisfied. Date of Service: 01/17/2024. [22-40316] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RESPONSE/OPPOSITION filed by LABR, Ms. Jessica Looman and Mr. Marty J. Walsh [63] to the to lift the stay of proceedings in this court filed by Appellees Associated Builders and Contractors of Southeast Texas, Associated Builders and Contractors, Incorporated, Coalition for Workforce Innovation and Financial Services Institute, Incorporated [59], to remand case filed by Appellees Associated Builders and Contractors of Southeast Texas, Associated Builders and Contractors, Incorporated, Coalition for Workforce Innovation and Financial Services Institute, Incorporated [59] Date of Service: 01/17/2024 via email - Attorney for Appellees: Baskin, Friedman; Attorney for Appellants: Busa, Klein, Merritt. [22-40316] (Joseph Forrest Busa ) [Entered: 01/17/2024 03:43 PM]
1/12/2024OPPOSED MOTION to vacate the decision of the district court [60]. Date of service: 01/12/2024 Response/Opposition due on 01/22/2024. [22-40316] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellants LABR, Ms. Jessica Looman and Mr. Marty J. Walsh to vacate the decision of the district court [60]. Date of service: 01/12/2024 via email - Attorney for Appellees: Baskin, Friedman; Attorney for Appellants: Busa, Klein, Merritt; US mail - Attorney for Appellant: Merritt [22-40316] (Joseph Forrest Busa ) [Entered: 01/12/2024 04:24 PM]
1/11/2024
  • Motion to Lift Stayby Π
OPPOSED MOTION to lift the stay of proceedings in this court [59], to remand case to the United States District Court for the Eastern District of Texas, Beaumont Division. Response/Opposition due on 01/22/2024. Date of service: 01/11/2024. [22-40316] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: MOTION filed by Appellees Associated Builders and Contractors of Southeast Texas, Associated Builders and Contractors, Incorporated, Coalition for Workforce Innovation and Financial Services Institute, Incorporated to lift the stay of proceedings in this court [59]. Date of service: 01/11/2024 via email - Attorney for Appellees: Baskin, Friedman; Attorney for Appellants: Busa, Klein; US mail - Attorney for Appellant: Merritt [22-40316] (Maurice Baskin ) [Entered: 01/11/2024 05:45 PM]
12/8/2023STATUS REPORT advising that internal review of the proposed rule is ongoing. Once that internal review is complete, the Department intends to publish a final rule in the Federal Register. The next status report is due within 60 days from this date, until the matter is resolved. [22-40316] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: STATUS REPORT from Appellants LABR, Ms. Jessica Looman and Mr. Marty J. Walsh. Date of Service: 12/08/2023 via email - Attorney for Appellees: Baskin, Friedman; Attorney for Appellants: Busa, Klein, Merritt. The next status report is due within 30 days from this date, until the matter is resolved. [22-40316] (Joseph Forrest Busa ) [Entered: 12/08/2023 08:31 AM]
10/9/2023
  • Motion to Stay ProceedingsGranted
COURT ORDER granting unopposed motion to stay further proceedings in this court for 120 days, filed by Appellants LABR, Ms. Jessica Looman and Mr. Marty J. Walsh [51]. The next status report is due within 60 days from this date. Status Report due 12/11/2023, for Appellants LABR, Ms. Jessica Looman and Mr. Marty J. Walsh. [22-40316] (DLJ) [Entered: 10/09/2023 01:02 PM]
9/29/2023
  • Motion to Stay Proceedings
UNOPPOSED MOTION to stay further proceedings in this court for an additional 120 days. Reason: new rulemaking proceedings. Date of service: 09/29/2023 [22-40316] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION filed by Appellants LABR, Ms. Jessica Looman and Mr. Marty J. Walsh to stay further proceedings in this court. Reason: new rulemaking proceedings. Date of service: 09/29/2023 via email - Attorney for Appellees: Baskin, Friedman; Attorney for Appellants: Busa, Klein, Merritt; US mail - Attorney for Appellant: Merritt [22-40316] (Joseph Forrest Busa ) [Entered: 09/29/2023 12:00 PM]
8/8/2023STATUS REPORT advising the Department is currently reviewing and considering the comments received during the comment period on the proposed rule. After thoroughly reviewing all feedback received during the comment period, the Department will carefully consider whether to adopt the proposed rule. The next status report is due within 30 days from this date, until the matter is resolved. [22-40316] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: STATUS REPORT from Appellants LABR, Ms. Jessica Looman and Mr. Marty J. Walsh. Date of Service: 08/08/2023 via email - Attorney for Appellees: Baskin, Friedman; Attorney for Appellants: Busa, Klein, Merritt; US mail - Attorney for Appellant: Merritt. The next status report is due within 30 days from this date, until the matter is resolved. [22-40316] (Joseph Forrest Busa ) [Entered: 08/08/2023 12:18 PM]
6/9/2023
  • Motion to Stay ProceedingsGranted
COURT ORDER granting Motion to stay further proceedings in this court filed by Appellants LABR, Ms. Jessica Looman and Mr. Marty J. Walsh. [43] [22-40316] (RLL) [Entered: 06/09/2023 05:02 PM]
6/9/2023
  • Motion to Stay Proceedings
UNOPPOSED MOTION to stay further proceedings in this court for an additional 120 days. Reason: new rulemaking proceedings. Date of service: 06/09/2023 [22-40316] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION filed by Appellants LABR, Ms. Jessica Looman and Mr. Marty J. Walsh to stay further proceedings in this court. Reason: new rulemaking proceedings. Date of service: 06/09/2023 via email - Attorney for Appellees: Baskin, Friedman; Attorney for Appellants: Busa, Klein, Merritt; US mail - Attorney for Appellant: Merritt [22-40316] (Joseph Forrest Busa ) [Entered: 06/09/2023 02:11 PM]
4/11/2023STATUS REPORT advising the Department is currently reviewing and considering the comments received during the comment period on the proposed rule. After thoroughly reviewing all feedback received during the comment period, the Department will carefully consider whether to adopt the proposed rule. The next status report is due within 60 days from this date, until the matter is resolved. [22-40316] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: STATUS REPORT from Appellants LABR, Ms. Jessica Looman and Mr. Marty J. Walsh. Date of Service: 04/11/2023 via email - Attorney for Appellees: Baskin, Friedman; Attorney for Appellants: Busa, Klein, Merritt. The next status report is due within 30 days from this date, until the matter is resolved. [22-40316] (Joseph Forrest Busa ) [Entered: 04/11/2023 01:42 PM]
2/10/2023STATUS REPORT from Appellants LABR, Ms. Jessica Looman and Mr. Marty J. Walsh. Date of Service: 02/10/2023 via email - Attorney for Appellees: Baskin, Friedman; Attorney for Appellants: Busa, Klein, Merritt. The next status report is due within 30 days from this date, until the matter is resolved. [22-40316] (Joseph Forrest Busa ) [Entered: 02/10/2023 12:43 PM]
12/12/2022
  • Motion to Stay ProceedingsGranted
COURT ORDER granting Motion to stay further proceedings in this court filed by Appellants LABR, Ms. Jessica Looman and Mr. Marty J. Walsh. [31] [22-40316] (RLL) [Entered: 12/12/2022 08:30 AM]
12/7/2022
  • Motion
UNOPPOSED MOTION filed by Appellants LABR, Ms. Jessica Looman and Mr. Marty J. Walsh to stay further proceedings in this court. Reason: new rulemaking proceedings. Date of service: 12/07/2022 via email - Attorney for Appellees: Baskin, Friedman; Attorney for Appellants: Busa, Klein, Merritt [22-40316] (Joseph Forrest Busa ) [Entered: 12/07/2022 12:22 PM]
10/11/2022STATUS REPORT advising the Department's new proposed rule is on file at the Office of the Federal Register and available for public review. The new proposed rule is scheduled to be published in the Federal Register on October 13, 2022. A 45-day period for the public to comment on the proposal will begin on the day of publication. The next status report is due within 60 days from this date, until the matter is resolved. [22-40316] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: STATUS REPORT from Appellants LABR, Ms. Jessica Looman and Mr. Marty J. Walsh. Date of Service: 10/11/2022 via email - Attorney for Appellees: Baskin, Friedman; Attorney for Appellants: Busa, Klein, Merritt. The next status report is due within 30 days from this date, until the matter is resolved. [22-40316] (Joseph Forrest Busa ) [Entered: 10/11/2022 12:23 PM]
8/9/2022STATUS REPORT advising a draft proposed new rule for review has been submitted by the Office of Information and Regulatory Affairs and the internal review is ongoing. The next status report is due within 60 days from this date, until the matter is resolved. [22-40316] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: STATUS REPORT from Appellants LABR, Mr. Marty J. Walsh and Ms. Jessica Looman. Date of Service: 08/09/2022 via email - Attorney for Appellees: Baskin, Friedman; Attorney for Appellants: Busa, Klein, Merritt. The next status report is due within 30 days from this date, until the matter is resolved. [22-40316] (Joseph Forrest Busa ) [Entered: 08/09/2022 11:42 AM]
6/10/2022
  • Motion to Stay ProceedingsGranted
COURT ORDER granting in part Motion to stay further proceedings in this court filed by Appellants LABR, Ms. Jessica Looman and Mr. Marty J. Walsh [19] [22-40316] (CCR) [Entered: 06/10/2022 02:51 PM]
6/7/2022
  • Motion
UNOPPOSED MOTION filed by Appellants Mr. Marty J. Walsh, Ms. Jessica Looman and LABR to stay further proceedings in this court. Reason: new rulemaking proceedings. Date of service: 06/07/2022 via email - Attorney for Appellees: Baskin, Friedman; Attorney for Appellants: Busa, Klein, Merritt; US mail - Attorney for Appellant: Merritt [22-40316] (Joseph Forrest Busa ) [Entered: 06/07/2022 06:09 PM]
5/27/202217APPEARANCE FORM FILED by Attorney(s) Maurice Baskin for party(s) Appellee Associated Builders and Contractors of Southeast Texas Appellee Coalition for Workforce Innovation Appellee Associated Builders and Contractors, Incorporated Appellee Financial Services Institute, Incorporated, in case 22-40316 [22-40316] (RLL) [Entered: 05/27/2022 08:41 AM]
5/25/2022APPEARANCE FORM for the court's review. Lead Counsel? Yes. [22-40316] (Maurice Baskin ) [Entered: 05/25/2022 04:57 PM]
5/25/2022BRIEFING NOTICE ISSUED A/Pet's Brief Due on 07/05/2022 for Appellants Jessica Looman, United States Department of Labor and Marty J. Walsh. [22-40316] (MAS) [Entered: 05/25/2022 10:31 AM]
5/25/202214ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? No. Video/Audio Exhibits on File in District Court? No. Electronic ROA deadline satisfied. [22-40316] (MAS) [Entered: 05/25/2022 10:10 AM]
5/23/202212APPEARANCE FORM FILED by Attorney(s) Alisa Beth Klein for party(s) Appellant Jessica Looman Appellant LABR Appellant Marty J. Walsh, in case 22-40316 [22-40316] (RLL) [Entered: 05/23/2022 04:45 PM]
5/20/2022APPEARANCE FORM for the court's review. Lead Counsel? No. [22-40316] (Alisa Beth Klein ) [Entered: 05/20/2022 04:43 PM]
5/19/20229APPEARANCE FORM FILED by Attorney(s) Joseph Forrest Busa for party(s) Appellant Jessica Looman Appellant LABR Appellant Marty J. Walsh, in case 22-40316 [22-40316] (RLL) [Entered: 05/19/2022 04:11 PM]
5/19/2022APPEARANCE FORM for the court's review. Lead Counsel? Yes. [22-40316] (Joseph Forrest Busa ) [Entered: 05/19/2022 03:33 PM]
5/19/20227ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 1:21-CV-130. Electronic ROA due on 06/03/2022. [22-40316] (RLL) [Entered: 05/19/2022 03:26 PM]
5/19/2022INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [6] Initial AA Check Due satisfied. [22-40316] (RLL) [Entered: 05/19/2022 03:20 PM]
5/18/20224CASE CAPTION updated. Appellee Associated Builders and Contractors and Southeast Texas in 22-40316 substituted by Appellee Associated Builders and Contractors of Southeast Texas in 22-40316 [22-40316] (CAG) [Entered: 05/18/2022 11:01 AM]
5/16/2022US CIVIL CASE docketed. NOA filed by Appellants Ms. Jessica Looman, LABR and Mr. Marty J. Walsh [22-40316] (CAG) [Entered: 05/16/2022 09:34 AM]