ORDER of USCA as to 151 Notice of Appeal filed by Michael J. Hayes, Thomas E. Perez, United States Department of Labor. The appeal is dismissed as of November 13, 2018, pursuant to the joint stipulation of the parties. (zzm)
Record on Appeal for USCA5 17-10328 (related to 151 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, 1 Volume(s) electronic transcript, Sealed or ex parte electronic document number(s): 100,101,102,103,104,105,106,107 (circuit approval is required for access),. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so, since the USCA5 briefing deadline has now been set. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (zzm)
Filed: 3/28/2017, Entered: 3/28/2017
USCA Case Number 17-10328 in Fifth Circuit for 151 Notice of Appeal, filed by Michael J. Hayes, Thomas E. Perez, United States Department of Labor. (egp)
NOTICE OF APPEAL as to 150 Order on Motion for Attorney Fees,, to the Fifth Circuit by Michael J. Hayes, Thomas E. Perez, United States Department of Labor. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Riess, Daniel)
Record on Appeal for USCA5 17-10054 (related to 149 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, 1 Volume(s) electronic transcript, Sealed or ex parte electronic document number(s): 100,101,102,103,104,105,106,107 (circuit approval is required for access),. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so, since the USCA5 briefing deadline has now been set. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (zzm)
Filed: 1/18/2017, Entered: 1/20/2017
USCA Case Number 17-10054 in USCA FIFTH CIRCUIT for 149 Notice of Appeal, filed by Michael J. Hayes, Thomas E. Perez, United States Department of Labor. (zzm)
ORDER granting 138 Motion for Attorney Fees. It is ORDERED that Plaintiffs' Motion for an Award of Attorneys' Fees and Costs is GRANTED. Plaintiffs Lubbock Chamber of Commerce, Texas Association of Builders, and Texas Association of Business are awarded attorneys' fees in the amount of $313,795.66, together with expenses and costs of court in the amount of $12,133.69, and expert witness expenses in the amount of $5,727.31. Intervenor-Plaintiffs' request for expenses (voluntarily withdrawn) is DENIED without prejudice and no fees or costs are awarded to Intervenor-Plaintiffs. (Ordered by Senior Judge Sam R Cummings on 1/18/2017) (zzm)
NOTICE OF APPEAL as to 145 Judgment,,,,, 135 Order on Motion for Summary Judgment,, to the Fifth Circuit by Michael J. Hayes, Thomas E. Perez, United States Department of Labor. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Riess, Daniel)
ORDER Granting [Leave To Intervenors To File Second Amended Appendix 147 Motion for Leave to File a Second Amended Appendix. ORDERED AND ADJUDGED that Intervenors are granted leave to file aSecond Amended Appendix, as described in their motion, and that said SecondAmended Appendix will be considered nunc pro tunc to September 28, 2016. (Ordered by Senior Judge Sam R Cummings on 12/28/2016) (zzm)
MOTION for Leave to File Second Amended Appendix filed by State of Alabama, State of Arkansas, State of Indiana, State of Michigan, State of Oklahoma, State of South Carolina, State of Texas, State of Utah, State of West Virginia, State of Wisconsin (Attachments: # 1 Exhibit(s) Exhibit 1 of 11, # 2 Exhibit(s) Exhibit 2 of 11, # 3 Exhibit(s) Exhibt 3 of 11, # 4 Exhibit(s) Exhibit 4 of 11, # 5 Exhibit(s) Exhibit 5 of 11, # 6 Exhibit(s) Exhibit 6 of 11, # 7 Exhibit(s) Exhibit 7 of 11, # 8 Exhibit(s) Exhibit 8 of 11, # 9 Exhibit(s) Exhibit 9 of 11, # 10 Exhibit(s) Exhibit 10 of 11, # 11 Exhibit(s) Exibit 11 of 11) (Nimocks, Austin)
ORDER of USCA as to 95 Notice of Appeal filed by Michael J. Hayes, Thomas E. Perez, United States Department of Labor. It is ORDERED that appellee's joint motion to dismiss appeal as moot is GRANTED. (zzm)
FINAL JUDGMENT: IT IS ORDERED, ADJUDGED, AND DECREED that the United States Department of Labor's Persuader Advice Exemption Rule ("Advice Exemption Interpretation"), as published in 81 Fed. Reg. 15,924, et seq., is held unlawful and set aside. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the United States of America, its departments, agencies, officers, agents, and employees, including Thomas E. Perez, Secretary of the United States Department of Labor, and Michael J. Hayes, Director of the Office of Labor-Management Standards, are hereby permanently enjoined on a national basis from implementing any and all aspects of the United States Department of Labor's Persuader Advice Exemption Rule ("Advice Exemption Interpretation"), as published in 81 Fed. Reg. 15,924, et seq. The scope of this injunction is nationwide. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at Exhibit Guide). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (Ordered by Senior Judge Sam R Cummings on 12/12/2016) (egp)
NOTICE of Withdrawing Request for Attorney's Fees, Costs, and Expenses re: 137 Response/Objection, filed by State of Alabama, State of Arkansas, State of Indiana, State of Michigan, State of Oklahoma, State of South Carolina, State of Texas, State of Utah, State of West Virginia, State of Wisconsin (Toth, Michael)
Appendix in Support filed by Michael J. Hayes, Thomas E. Perez, United States Department of Labor re 140 Response/Objection, 141 Response/Objection (Riess, Daniel)
NOTICE of Filing Amended Appendix re: 110 Brief/Memorandum in Support of Motion,, filed by State of Alabama, State of Arkansas, State of Indiana, State of Michigan, State of Oklahoma, State of South Carolina, State of Texas, State of Utah, State of West Virginia, State of Wisconsin (Attachments: # 1 Exhibit(s) Exhibit 1 of 11, # 2 Exhibit(s) Exhibit 2 of 11, # 3 Exhibit(s) Exhibit 3 of 11, # 4 Exhibit(s) Exhibit 4 of 11, # 5 Exhibit(s) Exhibit 5 of 11, # 6 Exhibit(s) Exhibit 6 of 11, # 7 Exhibit(s) Exhibit 7 of 11, # 8 Exhibit(s) Exhibit 8 of 11, # 9 Exhibit(s) Exhibit 9 of 11, # 10 Exhibit(s) Exhibit 10 of 11, # 11 Exhibit(s) Exhibit 11 of 11) (Toth, Michael)
MOTION for Attorney Fees filed by Lubbock Chamber of Commerce, National Association of Home Builders, National Federation of Independent Business, Texas Association of Builders, Texas Association of Business with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s)) (Bustos, Fernando)
RESPONSE filed by State of Alabama, State of Arkansas, State of Indiana, State of Michigan, State of Oklahoma, State of South Carolina, State of Texas, State of Utah, State of West Virginia, State of Wisconsin re: 136 Order to Show Cause,,,, Super U,,, (Attachments: # 1 Exhibit(s) 61, # 2 Exhibit(s) 62, # 3 Exhibit(s) 63) (Toth, Michael)
Order TO SHOW CAUSE re: 135 Order on Motion for Summary Judgment. Before the Court enters its Final Judgment. The parties are ORDERED to submit additional briefing regarding the prevailing parties' entitlement, if any, to attorney's fees and costs. Plaintiffs and Intervenor-Plaintiffs shall submit their briefs, together with supporting affidavits, no later than November 30, 2016, andDefendants shall submit their response no later than December 7, 2016. No reply will be considered, and no extensions will be granted. Briefs shall be no longer than fifteen ( 15) pages and shall comply with the requirements of Johnson v. Georgia Highway Express, Inc., 488 F.2d714,717-19 (5th Cir. 1,). (Ordered by Senior Judge Sam R Cummings on 11/16/2016) (zzm)
ORDER granting 93 Motion for Summary Judgment. ; granting 109 Motion for Summary Judgment. ; denying 112 Motion for Summary Judgment. (Ordered by Senior Judge Sam R Cummings on 11/16/2016) (zzm)
RESPONSE filed by Lubbock Chamber of Commerce, National Association of Home Builders, National Federation of Independent Business, State of Alabama, State of Arkansas, State of Indiana, State of Michigan, State of Oklahoma, State of South Carolina, State of Texas, State of Utah, State of West Virginia, State of Wisconsin, Texas Association of Builders, Texas Association of Business re: 133 Response/Objection (Bustos, Fernando)
RESPONSE AND OBJECTION filed by Michael J. Hayes, Thomas E. Perez, United States Department of Labor re: 131 Notice (Other), (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2) (Riess, Daniel)
REPLY filed by Michael J. Hayes, Thomas E. Perez, United States Department of Labor re: 112 Cross MOTION for Summary Judgment and Response to 93 Plaintiffs' Motion for Summary Judgment (Riess, Daniel)
NOTICE of Filing re: 109 MOTION for Summary Judgment filed by State of Alabama, State of Arkansas, State of Indiana, State of Michigan, State of Oklahoma, State of South Carolina, State of Texas, State of Utah, State of West Virginia, State of Wisconsin (Attachments: # 1 Exhibit(s) Invoice) (Toth, Michael)
REPLY filed by State of Alabama, State of Arkansas, State of Indiana, State of Michigan, State of Oklahoma, State of South Carolina, State of Texas, State of Utah, State of West Virginia, State of Wisconsin re: 109 MOTION for Summary Judgment (Toth, Michael)
ORDER granting 128 Motion to Exceed Page Limits to file a reply brief in support of their motion for summary judgment which shall not exceed 33 pages. (Ordered by Senior Judge Sam R Cummings on 11/3/2016) (zzm)
RESPONSE filed by Michael J. Hayes, Thomas E. Perez, United States Department of Labor re: 109 MOTION for Summary Judgment (Attachments: # 1 Brief in Support) (Riess, Daniel)
RESPONSE filed by State of Alabama, State of Arkansas, State of Indiana, State of Michigan, State of Oklahoma, State of South Carolina, State of Texas, State of Utah, State of West Virginia, State of Wisconsin re: 112 Cross MOTION for Summary Judgment and Response to 93 Plaintiffs' Motion for Summary Judgment (Attachments: # 1 Additional Page(s) Brief in Support) (Nimocks, Austin)
ORDER granting 124 Motion to Extend Time to File Reply Brief in Support of their Motion for Summary Judgment. Reply due on or before 11/4/2016. (Ordered by Senior Judge Sam R Cummings on 10/21/2016) (bdg)
MOTION for Extension of Time to File Response/Reply to 122 Response/Objection, filed by Michael J. Hayes, Thomas E. Perez, United States Department of Labor (Riess, Daniel)
REPLY filed by Lubbock Chamber of Commerce, National Association of Home Builders, National Federation of Independent Business, Texas Association of Builders, Texas Association of Business re: 93 MOTION for Summary Judgment , 112 Cross MOTION for Summary Judgment and Response to 93 Plaintiffs' Motion for Summary Judgment (Bustos, Fernando)
RESPONSE filed by Lubbock Chamber of Commerce, National Association of Home Builders, National Federation of Independent Business, Texas Association of Builders, Texas Association of Business re: 112 Cross MOTION for Summary Judgment. (Bustos, Fernando) Modified text on 10/14/2016 (bdg).
PLAINTIFFS' COMBINED BRIEF REPLYING TO DEFENDANTS' RESPONSE TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND RESPONDING IN OPPOSITION TO DEFENDANTS' CROSS-MOTION FOR SUMMARY JUDGMENT - REPLY filed by Lubbock Chamber of Commerce, National Association of Home Builders, National Federation of Independent Business, Texas Association of Builders, Texas Association of Business re: 112 Cross MOTION for Summary Judgment and Response to 93 Plaintiffs' Motion for Summary Judgment (Bustos, Fernando) Modified text on 10/14/2016 (bdg).
ORDER granting 119 Motion to Exceed Page Limits. It is ordered that Plaintiffs are allowed to file a combined Brief in Response to Defendants' Motion for Summary Judgment and Reply Brief in Support of Plaintiffs' Motion for Summary Judgment which shall not exceed 50 pages. (Ordered by Senior Judge Sam R Cummings on 10/12/2016) (bdg)
MOTION Exceed Page Limits filed by Lubbock Chamber of Commerce, National Association of Home Builders, National Federation of Independent Business, Texas Association of Builders, Texas Association of Business (Bustos, Fernando)
ORDER granting 117 Motion to Extend Time to File Response to Intervenor-Plaintiffs' Motion for Summary Judgment and any cross-motion for summary judgment on or before 10/21/2016. (Ordered by Senior Judge Sam R Cummings on 10/6/2016) (bdg)
MOTION for Extension of Time to File Response/Reply to 109 MOTION for Summary Judgment filed by Michael J. Hayes, Thomas E. Perez, United States Department of Labor (Riess, Daniel)
ORDER: Defendants shall provide the Court with courtesy copy of Documents 114 and 115 on or before 3:00 p.m. on October 11, 2016. (Ordered by Senior Judge Sam R Cummings on 10/5/2016) (bdg)
Appendix in Support filed by Michael J. Hayes, Thomas E. Perez, United States Department of Labor re 113 Brief/Memorandum in Support of Motion, (Attachments: # 1 Additional Page(s) Pages 46-91, # 2 Additional Page(s) Pages 92-148, # 3 Additional Page(s) Pages 149-458, # 4 Additional Page(s) Pages 459-1364, # 5 Additional Page(s) Pages 1365-2048, # 6 Additional Page(s) Pages 2049-3044, # 7 Additional Page(s) Pages 3045-3803) (Riess, Daniel)
Brief in Support filed by Michael J. Hayes, Thomas E. Perez, United States Department of Labor re 112 Cross MOTION for Summary Judgment and Response in Opposition to 93 Plaintiffs' Motion for Summary Judgment (Riess, Daniel) Modified text on 10/3/2016 (bdg).
Cross MOTION for Summary Judgment and Brief in Opposition to 93 Plaintiffs' Motion for Summary Judgment filed by Michael J. Hayes, Thomas E. Perez, United States Department of Labor. (Riess, Daniel) Modified text on 10/3/2016 (bdg).
ORDER: Intervenors shall provide the Court with a courtesy copy of Document 110, their Brief in Support of Motion for Summary Judgment and all attachments on or before 3:00 p.m. on October 7, 2016. (Ordered by Senior Judge Sam R Cummings on 9/30/2016) (bdg)
Brief/Memorandum in Support filed by State of Alabama, State of Arkansas, State of Indiana, State of Michigan, State of Oklahoma, State of South Carolina, State of Texas, State of Utah, State of West Virginia, State of Wisconsin re 109 MOTION for Summary Judgment (Attachments: # 1 Exhibit(s) Vol 1 of 11, # 2 Exhibit(s) Vol 2 of 11, # 3 Exhibit(s) Vol 3 of 11, # 4 Exhibit(s) Vol 4 of 11, # 5 Exhibit(s) Vol 5 of 11, # 6 Exhibit(s) Vol 6 of 11, # 7 Exhibit(s) Vol 7 of 11, # 8 Exhibit(s) Vol 8 of 11, # 9 Exhibit(s) Vol 9 of 11, # 10 Exhibit(s) Vol 10 of 11, # 11 Exhibit(s) Vol 11 of 11) (Nimocks, Austin)
MOTION for Summary Judgment filed by State of Alabama, State of Arkansas, State of Indiana, State of Michigan, State of Oklahoma, State of South Carolina, State of Texas, State of Utah, State of West Virginia, State of Wisconsin (Nimocks, Austin)
NOTICE of Attorney Appearance by Michael Christopher Toth on behalf of State of Alabama, State of Arkansas, State of Indiana, State of Michigan, State of Oklahoma, State of South Carolina, State of Texas, State of Utah, State of West Virginia, State of Wisconsin. (Filer confirms contact info in ECF is current.). Party State of Texas and State of Alabama added. (Toth, Michael)
Record on Appeal for USCA5 16-11315 (related to 95 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, 1 Volume(s) electronic transcript. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so, since the USCA5 briefing deadline has now been set. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (bdg)
Electronic Copy of Admitted Hearing or Trial Exhibit(s) re 95 Notice of Appeal,,,, filed by Lubbock Chamber of Commerce, National Association of Home Builders, National Federation of Independent Business, Texas Association of Builders, Texas Association of Business. Exhibits are available for public inspection at the clerk's office. (Attachments: # 1 Exhibit(s) 9-16, # 2 Exhibit(s) 17-18, 20, # 3 Exhibit(s) 21-25, # 4 Exhibit(s) 26, 28-31, # 5 Exhibit(s) 32-33, # 6 Exhibit(s) 34, Vol. 1, # 7 Exhibit(s) 34, Vol. 2, # 8 Exhibit(s) 35-38, 40-41) (Bustos, Fernando)
Electronic Copy of Admitted Hearing or Trial Exhibit(s) re 95 Notice of Appeal,,,, filed by Lubbock Chamber of Commerce, National Association of Home Builders, National Federation of Independent Business, Texas Association of Builders, Texas Association of Business. Exhibits are available for public inspection at the clerk's office. (Attachments: # 1 Exhibit(s) 8, Vol. 28, # 2 Exhibit(s) 8, Vol. 29, # 3 Exhibit(s) 8, Vol. 30, # 4 Exhibit(s) 8, Vol. 31, # 5 Exhibit(s) 8, Vol. 32, # 6 Exhibit(s) 8, Vol. 33, # 7 Exhibit(s) 8, Vol. 34, # 8 Exhibit(s) 8, Vol. 35, # 9 Exhibit(s) 8, Vol. 36, # 10 Exhibit(s) 8, Vol. 37) (Bustos, Fernando)
Electronic Copy of Admitted Hearing or Trial Exhibit(s) re 95 Notice of Appeal,,,, filed by Lubbock Chamber of Commerce, National Association of Home Builders, National Federation of Independent Business, Texas Association of Builders, Texas Association of Business. Exhibits are available for public inspection at the clerk's office. (Attachments: # 1 Exhibit(s) 8, Vol. 18, # 2 Exhibit(s) 8, Vol. 19, # 3 Exhibit(s) 8, Vol. 20, # 4 Exhibit(s) 8, Vol. 21, # 5 Exhibit(s) 8, Vol. 22, # 6 Exhibit(s) 8, Vol. 23, # 7 Exhibit(s) 8, Vol. 24, # 8 Exhibit(s) 8, Vol. 25, # 9 Exhibit(s) 8, Vol. 26, # 10 Exhibit(s) 8, Vol. 27) (Bustos, Fernando)
Electronic Copy of Admitted Hearing or Trial Exhibit(s) re 95 Notice of Appeal,,,, filed by Lubbock Chamber of Commerce, National Association of Home Builders, National Federation of Independent Business, Texas Association of Builders, Texas Association of Business. Exhibits are available for public inspection at the clerk's office. (Attachments: # 1 Exhibit(s) 8, Vol. 8, # 2 Exhibit(s) 8, Vol. 9, # 3 Exhibit(s) 8, Vol. 10, # 4 Exhibit(s) 8, Vol. 11, # 5 Exhibit(s) 8, Vol. 12, # 6 Exhibit(s) 8, Vol. 13, # 7 Exhibit(s) 8, Vol. 14, # 8 Exhibit(s) 8, Vol. 15, # 9 Exhibit(s) 8, Vol. 16, # 10 Exhibit(s) 8, Vol. 17) (Bustos, Fernando)
Electronic Copy of Admitted Hearing or Trial Exhibit(s) re 95 Notice of Appeal,,,, filed by Lubbock Chamber of Commerce, National Association of Home Builders, National Federation of Independent Business, Texas Association of Builders, Texas Association of Business. Exhibits are available for public inspection at the clerk's office. (Attachments: # 1 Exhibit(s) 3, Vol. 1, # 2 Exhibit(s) 3, Vol. 2, # 3 Exhibit(s) 4-7, # 4 Exhibit(s) 8, Vol. 1, # 5 Exhibit(s) 8, Vol. 2, # 6 Exhibit(s) 8, Vol. 3, # 7 Exhibit(s) 8, Vol. 4, # 8 Exhibit(s) 8, Vol. 5, # 9 Exhibit(s) 8, Vol. 6, # 10 Exhibit(s) 8, Vol. 7) (Bustos, Fernando)
Electronic Copy of Admitted Hearing or Trial Exhibit(s) re 95 Notice of Appeal,,,, filed by Lubbock Chamber of Commerce, National Association of Home Builders, National Federation of Independent Business, Texas Association of Builders, Texas Association of Business. Exhibits are available for public inspection at the clerk's office. (Attachments: # 1 Exhibit(s) 1, Vol. 21, # 2 Exhibit(s) 1, Vol. 22, # 3 Exhibit(s) 1, Vol. 23, # 4 Exhibit(s) 1, Vol. 24, # 5 Exhibit(s) 1, Vol. 25, # 6 Exhibit(s) 2, Vol. 1, # 7 Exhibit(s) 2, Vol. 2, # 8 Exhibit(s) 2, Vol. 3, # 9 Exhibit(s) 2, Vol. 4, # 10 Exhibit(s) 2, Vol. 5) (Bustos, Fernando)
Electronic Copy of Admitted Hearing or Trial Exhibit(s) re 95 Notice of Appeal,,,, filed by Lubbock Chamber of Commerce, National Association of Home Builders, National Federation of Independent Business, Texas Association of Builders, Texas Association of Business. Exhibits are available for public inspection at the clerk's office. (Attachments: # 1 Exhibit(s) 1, Vol. 11, # 2 Exhibit(s) 1, Vol. 12, # 3 Exhibit(s) 1, Vol. 13, # 4 Exhibit(s) 1, Vol. 14, # 5 Exhibit(s) 1, Vol. 15, # 6 Exhibit(s) 1, Vol. 16, # 7 Exhibit(s) 1, Vol. 17, # 8 Exhibit(s) 1, Vol. 18, # 9 Exhibit(s) 1, Vol. 19, # 10 Exhibit(s) 1, Vol. 20) (Bustos, Fernando)
Electronic Copy of Admitted Hearing or Trial Exhibit(s) re 95 Notice of Appeal,,,, filed by Lubbock Chamber of Commerce, National Association of Home Builders, National Federation of Independent Business, Texas Association of Builders, Texas Association of Business. Exhibits are available for public inspection at the clerk's office. (Attachments: # 1 Exhibit(s) 1, Vol. 1, # 2 Exhibit(s) 1, Vol. 2, # 3 Exhibit(s) 1, Vol. 3, # 4 Exhibit(s) 1, Vol. 4, # 5 Exhibit(s) 1, Vol. 5, # 6 Exhibit(s) 1, Vol. 6, # 7 Exhibit(s) 1, Vol. 7, # 8 Exhibit(s) 1, Vol. 8, # 9 Exhibit(s) 1, Vol. 9, # 10 Exhibit(s) 1, Vol. 10) (Bustos, Fernando)
ORDER granting 98 Motion for Leave to File Summary Judgment Reply Briefing. It is ordered that all parties shall file their summary judgment reply briefing no later than fourteen days after the date the responsive summary judgment briefing is filed. (Ordered by Senior Judge Sam R Cummings on 9/14/2016) (bdg)
Joint MOTION for Leave to File Summary Judgment Reply Briefing filed by Lubbock Chamber of Commerce, National Association of Home Builders, National Federation of Independent Business, State of Alabama, State of Arkansas, State of Indiana, State of Michigan, State of Oklahoma, State of South Carolina, State of Texas, State of Utah, State of West Virginia, State of Wisconsin, Texas Association of Builders, Texas Association of Business (Bustos, Fernando)
USCA Case Number 16-11315 in USCA Fifth Circuit for 95 Notice of Appeal filed by Michael J. Hayes, Thomas E. Perez, United States Department of Labor. (bdg)
Filed: 9/1/2016, Entered: 9/1/2016
***Clerk's Notice of delivery: (see NEF for details) Docket No:97. Thu Sep 1 13:27:55 CDT 2016 (crt)
ORDER granting 96 Motion to Extend Time to File Response to Plaintiff's Motion for Summary Judgment. Response due by 9/30/2016. (Ordered by Senior Judge Sam R Cummings on 9/1/2016) (bdg)
MOTION for Extension of Time to File Response/Reply to 93 MOTION for Summary Judgment filed by Michael J. Hayes, Thomas E. Perez, United States Department of Labor (Riess, Daniel)
NOTICE OF INTERLOCUTORY APPEAL as to 85 Order to the Fifth Circuit by Michael J. Hayes, Thomas E. Perez, United States Department of Labor. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Riess, Daniel)
Brief/Memorandum in Support filed by Lubbock Chamber of Commerce, National Association of Home Builders, National Federation of Independent Business, Texas Association of Builders, Texas Association of Business re 93 MOTION for Summary Judgment (Bustos, Fernando)
MOTION for Summary Judgment filed by Lubbock Chamber of Commerce, National Association of Home Builders, National Federation of Independent Business, Texas Association of Builders, Texas Association of Business (Bustos, Fernando)
ORDER: Amended Pleadings due by 11/15/2016. Discovery due by 12/11/2017. Joinder of Parties due by 11/15/2016. Motions due by 7/14/2017. Bench Trial set for 1/2/2018 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Senior Judge Sam R Cummings. (Ordered by Senior Judge Sam R Cummings on 7/28/2016) (apb)
ANSWER to 1 Complaint,,,,, filed by Michael J. Hayes, Thomas E. Perez, United States Department of Labor. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Riess, Daniel)
REPLY Brief in Support filed by Michael J. Hayes, Thomas E. Perez, United States Department of Labor re: 86 Motion for Extension of Time to File Answer (Riess, Daniel) Modified on 7/14/2016 (apb).
RESPONSE filed by Lubbock Chamber of Commerce, National Association of Home Builders, National Federation of Independent Business, State of Alabama, State of Arkansas, State of Indiana, State of Michigan, State of Oklahoma, State of South Carolina, State of Texas, State of Utah, State of West Virginia, State of Wisconsin, Texas Association of Builders, Texas Association of Business re: 86 Motion for Extension of Time to File Answer (Attachments: # 1 Exhibit(s)) (Bustos, Fernando)
Motion for Extension of Time to File Answer filed by Michael J. Hayes, Thomas E. Perez, United States Department of Labor (Attachments: # 1 Proposed Order) (Riess, Daniel)
PRELIMINARY INJUNCTION ORDER: Granting Plaintiffs' andIntervenor-Plaintiffs' 49 Application (Motion) for Preliminary Injunction. (Ordered by Senior Judge Sam R Cummings on 6/27/2016) (apb)
NOTICE of Filing of Proposed Order Denying Plaintiffs' and Intervenor-Plaintiffs' Applications for Preliminary Injunction filed by Michael J. Hayes, Thomas E. Perez, United States Department of Labor (Attachments: # 1 Proposed Order) (Riess, Daniel)
NOTICE of Submission of Proposed Order by Plaintiffs and Intervenor-Plaintiffs re: 77 Evidentiary Hearing,, filed by Lubbock Chamber of Commerce, National Association of Home Builders, National Federation of Independent Business, State of Alabama, State of Arkansas, State of Indiana, State of Michigan, State of Oklahoma, State of South Carolina, State of Texas, State of Utah, State of West Virginia, State of Wisconsin, Texas Association of Builders, Texas Association of Business (Bustos, Fernando)
Notice of Filing of Official Electronic Transcript of Hearing on Plaintiffs' Motion for Preliminary Injunction held on 06/20/2016 before Judge Sam R. Cummings. Court Reporter/Transcriber Mechelle Daniel, Telephone number (806) 744-7667. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (283 pages) Redaction Request due 7/14/2016. Redacted Transcript Deadline set for 7/25/2016. Release of Transcript Restriction set for 9/21/2016. (kmd)
RESPONSE filed by Lubbock Chamber of Commerce, National Association of Home Builders, National Federation of Independent Business, State of Alabama, State of Arkansas, State of Indiana, State of Michigan, State of Oklahoma, State of South Carolina, State of Texas, State of Utah, State of West Virginia, State of Wisconsin, Texas Association of Builders, Texas Association of Business re: 78 Notice (Other) (Bustos, Fernando)
NOTICE of Recent Authority filed by Michael J. Hayes, Thomas E. Perez, United States Department of Labor (Attachments: # 1 Labnet Inc. v. U.S. Department of Labor) (Riess, Daniel)
ELECTRONIC Minute Entry for proceedings held before Senior Judge Sam R Cummings: Preliminary Injunction Evidentiary Hearing held on 6/20/2016. Case called. Opening statements by parties. Plf witnesses called and sworn. Exhibits offered and admitted. Arguments heard. Court will take under advisement. Proposed Orders from parties due by 9:00 a.m., June 27, 2016. Attorney Appearances: Plaintiff - Jeff Londa; Fernando Bustos; Intervenor Plaintiffs - Austin Nimocks-OAG; Defense - Daniel Riess-DOJ. (Court Reporter: Mechelle Daniel) (Exhibits admitted) Time in Court - 7:15. (clf) Modified on 6/21/2016 (clf).
ORDER granting 68 Application for Admission Pro Hac Vice of Gregory B. Robertson. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Senior Judge Sam R Cummings on 6/15/2016) (apb)
Notice of Correction of Signature Omission, correcting signature omission in 73 Appendix in Support filed by Michael J. Hayes, Thomas E. Perez, United States Department of Labor. (Riess, Daniel)
Appendix in Support filed by Michael J. Hayes, Thomas E. Perez, United States Department of Labor re 72 Response/Objection to Intervenor-Plaintiffs' Application for Preliminary Injunction (Riess, Daniel)
ORDER: denying 66 Defendants' Motion for Entry of Scheduling Order andRequest for Expedited Consideration. (Ordered by Senior Judge Sam R Cummings on 6/9/2016) (apb)
ORDER: granting 65 Application for Admission Pro Hac Vice of Thomas R. Julin. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Senior Judge Sam R Cummings on 6/9/2016) (apb)
ORDER: granting 64 Application for Admission Pro Hac Vice of Mark S. Chenoweth. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Senior Judge Sam R Cummings on 6/9/2016) (apb)
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Gregory B. Robertson (Filing fee $25; Receipt number 0539-7636944) filed by Washington Legal Foundation (Attachments: # 1 Exhibit(s) Certificate of Good Standing, # 2 Exhibit(s) Additional Bar Memberships) (Marcuis, Alan)
RESPONSE filed by Lubbock Chamber of Commerce, National Association of Home Builders, National Federation of Independent Business, Texas Association of Builders, Texas Association of Business re: 66 MOTION for Entry of Scheduling Order and Request for Expedited Consideration (Bustos, Fernando)
MOTION for Entry of Scheduling Order and Request for Expedited Consideration filed by Michael J. Hayes, Thomas E. Perez, United States Department of Labor (Attachments: # 1 Proposed Order) (Riess, Daniel)
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Thomas R. Julin (Filing fee $25; Receipt number 0539-7632659) filed by Washington Legal Foundation (Attachments: # 1 Exhibit(s) Certificate of Good Standing) (Marcuis, Alan)
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Mark S. Chenoweth (Filing fee $25; Receipt number 0539-7632570) filed by Washington Legal Foundation (Attachments: # 1 Exhibit(s) Certificate of Good Standing) (Marcuis, Alan)
ORDER FOR ADMISSION PRO HAC VICE: granting 60 Application for Admission Pro Hac Vice of Michael A. Cantrell. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Senior Judge Sam R Cummings on 6/7/2016) (apb)
ORDER FOR ADMISSION PRO HAC VICE: granting 61 Application for Admission Pro Hac Vice of Lee P. Rudofsky. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Senior Judge Sam R Cummings on 6/7/2016) (apb)
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Lee P. Rudofsky (Filing fee $25; Receipt number #LU008577) filed by State of Alabama, State of Arkansas, State of Indiana, State of Michigan, State of Oklahoma, State of South Carolina, State of Texas, State of Utah, State of West Virginia, State of Wisconsin (Attachments: # 1 Certificate of Good Standing) (apb)
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Michael A. Cantrell (Filing fee $25; Receipt number #LU008576) filed by State of Alabama, State of Arkansas, State of Indiana, State of Michigan, State of Oklahoma, State of South Carolina, State of Texas, State of Utah, State of West Virginia, State of Wisconsin (Attachments: # 1 Certificate of Good Standing) (apb)
Plaintiffs Reply in Support of 1 Application for Preliminary Injunction filed by Lubbock Chamber of Commerce, National Association of Home Builders, National Federation of Independent Business, Texas Association of Builders, Texas Association of Business (Bustos, Fernando) Modified text and linkage on 6/1/2016 (apb).
Motion for Extension of Time to File Answer filed by Michael J. Hayes, Thomas E. Perez, United States Department of Labor (Attachments: # 1 Proposed Order) (Riess, Daniel)
Brief/Memorandum in Support filed by Washington Legal Foundation re 54 MOTION for Leave to File Amicus Curiae Brief in Support of the Plaintiffs' Application for Preliminary Injunction (Marcuis, Alan)
MOTION for Leave to File Amicus Curiae Brief in Support of the Plaintiffs' Application for Preliminary Injunction filed by Washington Legal Foundation. Party Washington Legal Foundation added.Attorney Alan J Marcuis added to party Washington Legal Foundation(pty:am) (Marcuis, Alan)
ORDER: granting 51 Motion to Extend Time to File Reply Brief. The deadline for Plaintiffs to file their reply brief in support of their Application for Preliminary Injunction be extended until June 2, 2016 (Ordered by Senior Judge Sam R Cummings on 5/27/2016) (apb)
MOTION for Extension of Time to File Response/Reply to 49 Intervenor Complaint,, filed by Lubbock Chamber of Commerce, National Association of Home Builders, National Federation of Independent Business, Texas Association of Builders, Texas Association of Business (Attachments: # 1 Proposed Order) (Bustos, Fernando)
NOTICE of Attorney Appearance by Prerak Shah on behalf of State of Alabama, State of Arkansas, State of Indiana, State of Michigan, State of Oklahoma, State of South Carolina, State of Texas, State of Utah, State of West Virginia, State of Wisconsin. (Filer confirms contact info in ECF is current.) (Shah, Prerak)
INTERVENOR COMPLAINT against All Defendants filed by State of Alabama, State of Utah, State of West Virginia, State of Indiana, State of Michigan, State of Oklahoma, State of Arkansas, State of South Carolina, State of Wisconsin, State of Texas. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (apb)
ORDER: granting 44 Motion to Intervene; It is therefore ORDERED that the Plaintiff-Intervenor States shall be granted leave to intervene in this civil action. Fed. R. Civ. P. 24(b). The Clerk is directed to file the Plaintiff- Intervenor States' Complaint in Intervention and Application for Preliminary Injunction. (Ordered by Senior Judge Sam R Cummings on 5/19/2016) (apb)
RESPONSE filed by Michael J. Hayes, Thomas E. Perez, United States Department of Labor re: 25 Brief/Memorandum in Support of Motion, (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3) (Riess, Daniel)
ORDER: The time for responding to the 44 Motion to Intervene and Memorandum in Support, filed May 10, 2016, is shortened to on or before May 18,2016, at 9:00 a.m. No reply will be considered. (Ordered by Senior Judge Sam R Cummings on 5/11/2016) (apb)
MOTION to Intervene filed by State of Alabama, State of Arkansas, State of Indiana, State of Michigan, State of Oklahoma, State of South Carolina, State of Texas, State of Utah, State of West Virginia, State of Wisconsin with Brief/Memorandum in Support. (Attachments: # 1 Proposed Complaint in Intervention and Application for Preliminary Injunction, # 2 Proposed Order) (Nimocks, Austin)
NOTICE of Attorney Appearance by Austin R Nimocks on behalf of State of Texas, State of Arkansas, State of Alabama, State of Indiana, State of Michigan, State of Oklahoma, State of South Carolina, State of Utah, State of West Virginia, State of Wisconsin. (Filer confirms contact info in ECF is current.). Party State of Texas added. (Nimocks, Austin)
ORDER: granting 36 Application for Admission Pro Hac Vice of Warren Postman. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Senior Judge Sam R Cummings on 5/6/2016) (apb)
ORDER: granting 37 Application for Admission Pro Hac Vice of Kathryn Comerford Todd. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Senior Judge Sam R Cummings on 5/6/2016) (apb)
ORDER granting 35 Application for Admission Pro Hac Vice of Steven P. Lehotsky. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Senior Judge Sam R Cummings on 5/6/2016) (apb)
ORDER: granting 32 Application for Admission Pro Hac Vice of Adam G. Unikowsky. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Senior Judge Sam R Cummings on 5/5/2016) (apb)
ORDER: granting 33 Motion for Leave to File 34 Brief Amicus Curiae in Support. (Ordered by Senior Judge Sam R Cummings on 5/5/2016) (apb) Modified text linkage on 5/5/2016 (apb).
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-7561166) filed by Chamber of Commerce of the United States of America (Attachments: # 1 Additional Page(s) Certificate of Good Standing, # 2 Proposed Order) (Todd, Kathryn)
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-7561155) filed by Chamber of Commerce of the United States of America (Attachments: # 1 Additional Page(s) Certificate of Good Standing, # 2 Proposed Order) (Postman, Warren)
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-7560767) filed by Chamber of Commerce of the United States of America (Attachments: # 1 Additional Page(s) Certificate of Good Standing, # 2 Proposed Order) (Lehotsky, Steven)
Brief/Memorandum in Support filed by Chamber of Commerce of the United States of America re 33 MOTION for Leave to File to File Brief Amicus Curiae in Support of Plaintiffs' Motion for Preliminary Injunction (Ho, Allyson)
MOTION for Leave to File to File Brief Amicus Curiae in Support of Plaintiffs' Motion for Preliminary Injunction filed by Chamber of Commerce of the United States of America (Attachments: # 1 Exhibit(s) Amicus Curiae Brief, # 2 Proposed Order) (Ho, Allyson)
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-7558659) filed by Chamber of Commerce of the United States of America (Attachments: # 1 Additional Page(s) Certificate of Good Standing, # 2 Proposed Order). Party Chamber of Commerce of the United States of America added. (Unikowsky, Adam)
AMENDED ORDER SETTING HEARING: ( Evidentiary Hearing set for 6/20/2016 10:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Senior Judge Sam R Cummings.) re: 30 Order Setting Deadline/Hearing. (Ordered by Senior Judge Sam R Cummings on 5/4/2016) (apb)
***AMENDED see doc 31 *** ORDER SETTING HEARING: Preliminary Injunction Hearing set for 5/23/2016 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Senior Judge Sam R Cummings. re: 1 Complaint (Ordered by Senior Judge Sam R Cummings on 5/3/2016) (apb) Modified on 5/4/2016 (apb).
MOTION for Extension of Time to File Response/Reply to 25 Brief/Memorandum in Support of Motion, filed by Michael J. Hayes, Thomas E. Perez, United States Department of Labor (Attachments: # 1 Proposed Order) (Riess, Daniel)
NOTICE of Attorney Appearance by Daniel M Riess on behalf of Michael J. Hayes, Thomas E. Perez, United States Department of Labor. (Filer confirms contact info in ECF is current.) (Riess, Daniel)
Brief/Memorandum in Support filed by Lubbock Chamber of Commerce, National Association of Home Builders, National Federation of Independent Business, Texas Association of Builders, Texas Association of Business re 1 Complaint, Application (Motion) for Preliminary Injunction (Attachments: # 1 Exhibit(s) "A"-Letter dated 09/22/2011 from Wm. T. Robinson III) (Bustos, Fernando) Modified on 4/25/2016 (apb).
MOTION filed by Lubbock Chamber of Commerce, National Association of Home Builders, National Federation of Independent Business, Texas Association of Builders, Texas Association of Business with Brief/Memorandum in Support. (Bustos, Fernando)
ORDER: granting 6 Application for Admission Pro Hac Vice of Christopher C. Murray. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Sam R Cummings on 4/1/2016) (apb)
CERTIFICATE OF SERVICE by Lubbock Chamber of Commerce, National Association of Home Builders, National Federation of Independent Business, Texas Association of Builders, Texas Association of Business re 1 Complaint,,,,, (Bustos, Fernando)
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-7483889) filed by Lubbock Chamber of Commerce, National Association of Home Builders, National Federation of Independent Business, Texas Association of Builders, Texas Association of Business (Attachments: # 1 Additional Page(s) Certificate of Good Standing, # 2 Proposed Order) (Murray, Christopher)
Request for Clerk to issue Summons via Certified Mail filed by Lubbock Chamber of Commerce, National Association of Home Builders, National Federation of Independent Business, Texas Association of Builders, Texas Association of Business. (Bustos, Fernando) (Main Document 5 replaced on 4/1/2016) (apb).
Request for Clerk to issue Summons via Certified Mail filed by Lubbock Chamber of Commerce, National Association of Home Builders, National Federation of Independent Business, Texas Association of Builders, Texas Association of Business. (Bustos, Fernando) (Main Document 4 replaced on 4/1/2016) (apb).
Request for Clerk to issue Summons via Certified Mail filed by Lubbock Chamber of Commerce, National Association of Home Builders, National Federation of Independent Business, Texas Association of Builders, Texas Association of Business. (Bustos, Fernando) (Main Document 3 replaced on 4/1/2016) (apb).
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Lubbock Chamber of Commerce, National Association of Home Builders, National Federation of Independent Business, Texas Association of Builders, Texas Association of Business. (Bustos, Fernando)
COMPLAINT against Michael J. Hayes, Thomas E. Perez, United States Department of Labor filed by Lubbock Chamber of Commerce, National Association of Home Builders, Texas Association of Business, National Federation of Independent Business, Texas Association of Builders. (Filing fee $400; Receipt number 0539-7482909) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet) (Bustos, Fernando)
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