NOTICE OF APPEAL as to 99 Memorandum & Opinion, Order,, 100 Judgment, by Thomas E Perez, Thomas E Perez, U.S. Department of Labor, United States Department of Labor, Wage and Hour Division of the Department of Labor The, David Weil, David Weil, Mary Ziegler. (Snell, Kevin)
ORDER - GRANTING 116 Motion for Extension of Time to File Sur-Reply Brief. It is therefore ORDERED that Respondents' sur-reply brief is due no later than Monday, October 9, 2017. Signed by Judge Amos L. Mazzant, III on 9/30/2017. (baf, )
ORDER Setting Hearing on Motions 96 MOTION Motion for Judicial Notice re 89 MOTION Motion for Contempt , AND 89 MOTION Motion for Contempt : Motion Hearing set for 11/6/2017 at 1:30 PM in Ctrm 208 (Sherman) before Judge Amos L. Mazzant III. Signed by Judge Amos L. Mazzant, III on 9/27/2017. (baf, )
REPLY to Response to Motion re 96 MOTION Motion for Judicial Notice re 89 MOTION Motion for Contempt Addendum to Motion For Judicial Notice filed by Chipotle Mexican Grill, Inc., Chipotle Services, LLC. (Beckwith, Kendra)
***DEFICIENT DOCUMENT - FILED IN ERROR BY ATTORNEY***REPLY to Response to Motion re 89 MOTION Motion for Contempt filed by Chipotle Mexican Grill, Inc., Chipotle Services, LLC. (Beckwith, Kendra) Modified on 9/25/2017 (baf, ).
Unopposed MOTION for Leave to File Excess Pages by Chipotle Mexican Grill, Inc., Chipotle Services, LLC. (Attachments: # 1 Text of Proposed Order Proposed Order Text)(Beckwith, Kendra) (Attachment 1 replaced on 9/26/2017) (baf, ).
RESPONSE in Opposition re 89 MOTION Motion for Contempt Objecting On The Basis Of Lack Of Jurisdiction, Improper Venue, Service And Process And Subject Thereto, A Response To The Motion For Contempt filed by Carmen Alvarez and her counsel. (Attachments: # 1 Text of Proposed Order)(Siebman, Clyde) (Entered: 09/18/2017)
ORDER - It is hereby ORDERED that the Clerk of Court shall reinstate Petitioners Chipotle Mexican Grill, Inc.'s and Chipotle Services LLC's Motion for Contempt (Dkt. 89 ) and Motion for Judicial Notice (Dkt. 96 ) on the Court's docket. Signed by Judge Amos L. Mazzant, III on 9/15/2017. (baf, ) (Entered: 09/15/2017)
RESPONSE to 103 Order,, Court's Order Regarding Petitioners' Motion for Contempt filed by Chipotle Mexican Grill, Inc., Chipotle Services, LLC. (Attachments: # 1 Exhibit Correspondence dated August 30, 2017 delivering original affidavits of service to Clerk's office via certified mail, # 2 Exhibit Confirmation of delivery of Exhibit "A" on September 1, 2017 at 1:47 p.m., # 3 Exhibit Handwritten note received from Clerk on September 7, 2017, returning Exhibit "A")(Hallmon, Laura) (Entered: 09/12/2017)
***PLEASE DISREGARD - FILED IN ERROR BY ATTORNEY - LETTER ONLY***NOTICE by Chipotle Mexican Grill, Inc., Chipotle Services, LLC re 103 Order,, (Attachments: # 1 Correspondence dated August 30, 2017 delivering original affidavits of service to Clerk's office via certified mail, # 2 Confirmation of delivery of Exhibit "A" on September 1, 2017 at 1:47 p.m., # 3 Handwritten note received from Clerk on September 7, 2017, returning Exhibit "A")(Hallmon, Laura) Modified on 9/11/2017 (baf, ). (Entered: 09/11/2017)
ORDER - The Court entered a Final Judgment in this case on August 31, 2017. In signing the Final Judgment, the Court inadvertently denied all pending motions, including Petitioners Chipotle Mexican Grill, Inc.'s and Chipotle Services, LLC's Motion for Contempt (Dkt. #89). The Court hereby ORDERS the parties to the Motion for Contempt to inform the Court if a hearing is necessary, in which case the Court will reinstate the motion. Signed by Judge Amos L. Mazzant, III on 9/7/2017. (baf, ) (Entered: 09/07/2017)
USCA JUDGMENT ISSUED AS A MANDATE of USCA as to 62 Notice of Appeal filed by David Weil, Wage and Hour Division of the Department of Labor The, Thomas E Perez, United States Department of Labor, Mary Ziegler. The appeal is dismissed as of September 06, 2017, pursuant to appellant's unopposed motion. (kls, ) (Entered: 09/07/2017)
ORDER of USCA as to 62 Notice of Appeal filed by David Weil, Wage and Hour Division of the Department of Labor The, Thomas E Perez, United States Department of Labor, Mary Ziegler. IT IS ORDERED that the joint motion of the parties to cancel oral argument scheduled for October 3, 2017 is DENIED AS MOOT. IT IS FURTHER ORDERED that the joint motion of the parties to hold the case in abeyance pending further discussions by the parties is DENIED AS MOOT. (kls, ) (Entered: 09/07/2017)
FINAL JUDGMENT - Pursuant to Federal Rule of Civil Procedure 58, the Court hereby renders final judgment based on the Memorandum Opinion and Order entered on this date. Based on the Memorandum Opinion and Order, it is ORDERED, ADJUDGED, AND DECREED that judgment is entered in favor of State Plaintiffs and Business Plaintiffs. Accordingly, this case is DISMISSED with prejudice. All relief not previously granted is hereby DENIED. Signed by Judge Amos L. Mazzant, III on 8/31/2017. (baf, ) (Entered: 08/31/2017)
MEMORANDUM OPINION AND ORDER - It is therefore ORDERED that Business Plaintiffs' Motion for Expedited Summary Judgment (Dkt. 35 ) is GRANTED. The Court hereby concludes the Department's Final Rule described in 81 Fed. Reg. 32,391 is invalid. Signed by Judge Amos L. Mazzant, III on 8/31/2017. (baf, ) (Entered: 08/31/2017)
98
Filed: 8/31/2017, Entered: None
Unknown Document Type
MEMORANDUM OPINION AND ORDER - It is therefore ORDERED that Texas AFLCIO's Motion to Intervene (Dkt. 67 ) is DENIED. Signed by Judge Amos L. Mazzant, III on 8/31/2017. (baf, ) (Entered: 08/31/2017)
97
Filed: 8/30/2017, Entered: None
Unknown Document Type
ORDER - Pending before the Court is State Plaintiffs' Motion for Joinder to the Business Plaintiffs' Motion for Summary Judgment and Request to Consolidate Preliminary Injunction Briefing (Dkt. 66 ). The Court GRANTS the State Plaintiffs' motion and will consider the State Plaintiffs' preliminary injunction papers as the States' briefs in support of summary judgment. To foster judicial economy and avoid duplication, the Court will likewise consider Defendants' preliminary injunction briefs as their opposition to State Plaintiffs' arguments. No further summary judgment briefing is necessary. Signed by Judge Amos L. Mazzant, III on 8/30/2017. (baf, ) (Entered: 08/30/2017)
MOTION Motion for Judicial Notice re 89 MOTION Motion for Contempt by Chipotle Mexican Grill, Inc., Chipotle Services, LLC. (Attachments: # 1 Text of Proposed Order Granting Petitioners Chipotle Mexican Grill, Inc.'s and Chipotle Services, LLC's Motion for Judicial Notice)(Newby, Brian)
NOTICE of Attorney Appearance by David Jonathan Hacker on behalf of Terry E. Branstad, Phil Bryant, Commonwealth of Kentucky, Paul Lepage, Susana Martinez, Bill Schuette, State of Alabama, State of Arizona, State of Arkansas, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Nebraska, State of Nevada, State of Ohio, State of Oklahoma, State of South Carolina, State of Texas, State of Utah, State of Wisconsin (Hacker, David)
NOTICE of Attorney Appearance - Pro Hac Vice by John K. Shunk on behalf of Chipotle Mexican Grill, Inc., Chipotle Services, LLC. Filing fee $ 100, receipt number 0540-6406270. (Shunk, John)
NOTICE of Attorney Appearance - Pro Hac Vice by Kendra N. Beckwith on behalf of Chipotle Mexican Grill, Inc., Chipotle Services, LLC. Filing fee $ 100, receipt number 0540-6406160. (Beckwith, Kendra)
ORDER re 89 MOTION Motion for Contempt filed by Chipotle Services, LLC, Chipotle Mexican Grill, Inc. Signed by Judge Amos L. Mazzant, III on 8/2/2017. (daj, )
***DISREGARD - PROPOSED ORDER ATTACHED TO MOTION***Additional Attachments to Main Document: 89 MOTION Motion for Contempt .. (Hallmon, Laura) Modified on 8/2/2017 (daj, ).
***DISREGARD ENTRY - TO BE REFILED BY ATTORNEY*** MOTION Motion for Contempt by Chipotle Mexican Grill, Inc., Chipotle Services, LLC. (Hallmon, Laura) Modified on 8/1/2017 (kls, ).
NOTICE by Thomas E Perez, United States Department of Labor, Wage and Hour Division of the Department of Labor The, David Weil, Mary Ziegler of Corrected Appellate Filing (Attachments: # 1 Exhibit)(Saltman, Julie)
NOTICE by Thomas E Perez, Thomas E Perez, U.S. Department of Labor, United States Department of Labor, Wage and Hour Division of the Department of Labor The, David Weil, David Weil, Mary Ziegler (Attachments: # 1 Reply Brief)(Snell, Kevin)
ORDER - IT IS HEREBY ORDERED that Plaintiff's 83 Unopposed Motion to Withdraw Counsel is GRANTED. The Clerk is directed to remove Prerak Shah as counsel for Plaintiffs. Signed by Judge Amos L. Mazzant, III on 2/17/2017. (baf, )
Unopposed MOTION to Withdraw as Attorney Prerak Shah by Terry E. Branstad, Phil Bryant, Commonwealth of Kentucky, Paul Lepage, Susana Martinez, Bill Schuette, State of Alabama, State of Arizona, State of Arkansas, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Nebraska, State of Nevada, State of Ohio, State of Oklahoma, State of South Carolina, State of Texas, State of Utah, State of Wisconsin. (Attachments: # 1 Text of Proposed Order)(Shah, Prerak) (Attachment 1 replaced on 2/15/2017) (baf, ).
MEMORANDUM OF USCA granting the motion to supplement the record in this case with the November 16, 2016 Preliminary Injunction Hearing Transcript as to 62 Notice of Appeal filed by David Weil, Wage and Hour Division of the Department of Labor The, Thomas E Perez, United States Department of Labor, Mary Ziegler (dlc, )
MEMORANDUM OPINION AND ORDER - Pending before the Court is Defendants Motion to Stay Proceedings Pending Appeal (Dkt. 68 ). On December 30, 2016, the Court conducted a telephone conference regarding the motion. After reviewing the relevant pleadings and listening to the arguments of counsel, the Court concludes the motion should be DENIED. Signed by Judge Amos L. Mazzant, III on 1/3/2017. (baf, )
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of the Preliminary Injunction Hearing held on November 16, 2016 before Judge Amos L. Mazzant. Court Reporter/Transcriber: Jan Mason,Telephone number: 903-209-4013. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. (153 pages) Redaction Request due 1/13/2017. Redacted Transcript Deadline set for 1/23/2017. Release of Transcript Restriction set for 3/23/2017. (jm, )
Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,, by Thomas E Perez, Thomas E Perez. (Attachments: # 1 Text of Proposed Order)(Saltman, Julie)
REPLY to Response to Motion re 68 Opposed MOTION to Stay Proceedings Pending Appeal filed by State of Nevada. (Attachments: # 1 Text of Proposed Order)(VanDyke, Lawrence)
RESPONSE in Opposition re 67 MOTION to Intervene by Texas AFL-CIO filed by State of Nevada. (Attachments: # 1 Text of Proposed Order)(VanDyke, Lawrence)
ORDER SETTING STATUS CONFERENCE - Telephone Status Conference set for 12/30/2016 at 10:00 AM before Judge Amos L. Mazzant III. Signed by Judge Amos L. Mazzant, III on 12/16/2016. (baf, )
RESPONSE in Opposition re 67 MOTION to Intervene by Texas AFL-CIO filed by Allen-Fairview Chamber of Commerce, American Bakers Association, American Hotel & Lodging Association, American Society of Association Executives, Angleton Chamber of Commerce, Associated Builders and Contractors, Bay City Chamber of Commerce & Agriculture, Baytown Chamber of Commerce, Cedar Park Chamber of Commerce, Chamber of Commerce of the United States of America, Clear Lake Area Chamber of Commerce, Coppell Chamber of Commerce, Corsicana and Navarro County Chamber of Commerce, East Parker County Chamber of Commerce, Frisco Chamber of Commerce, Galveston Regional Chamber of Commerce, Gilmer Area Chamber of Commerce, Grand Prairie Chamber of Commerce, Greater El Paso Chamber of Commerce, Greater Irving-Las Colinas Chamber of Commerce, Greater New Braunfels Chamber of Commerce, Greater Port Arthur Chamber of Commerce, Greater Tomball Chamber of Commerce, Houston Northwest Chamber of Commerce, Humble Area Chamber of Commerce, Independent Insurance Agents and Brokers of America, International Franchise Association, International Warehouse and Logistics Association, Kilgore Chamber of Commerce, Killeen Chamber of Commerce, Longview Chamber of Commerce, Lubbock Chamber of Commerce, Lufkin-Angelina County Chamber of Commerce, McAllen Chamber of Commerce, McKinney Chamber of Commerce, Mineral Wells Area Chamber of Commerce, National Association of Homebuilders, National Association of Manufacturers The, National Association of Wholesaler-Distributors, National Automobile Dealers Association, National Federation of Independent Business, National Retail Federation, North San Antonio Chamber of Commerce, Paris-Lamar County Chamber of Commerce, Pearland Chamber of Commerce, Plano Chamber of Commerce, Port Aransas Chamber of Commerce, Portland Chamber of Commerce, Richardson Chamber of Commerce, Rockport-Fulton Chamber of Commerce, Round Rock Chamber of Commerce, San Angelo Chamber of Commerce, Texas Association of Business, Texas Hotel and Lodging Association, Texas Retailer Association, Texas Travel Industry Association, Tyler Area Chamber of Commerce. (Attachments: # 1 Text of Proposed Order)(Friedman, Robert)
RESPONSE in Opposition re 68 Opposed MOTION to Stay filed by Allen-Fairview Chamber of Commerce, American Bakers Association, American Hotel & Lodging Association, American Society of Association Executives, Angleton Chamber of Commerce, Associated Builders and Contractors, Bay City Chamber of Commerce & Agriculture, Baytown Chamber of Commerce, Cedar Park Chamber of Commerce, Chamber of Commerce of the United States of America, Clear Lake Area Chamber of Commerce, Coppell Chamber of Commerce, Corsicana and Navarro County Chamber of Commerce, East Parker County Chamber of Commerce, Frisco Chamber of Commerce, Galveston Regional Chamber of Commerce, Gilmer Area Chamber of Commerce, Grand Prairie Chamber of Commerce, Greater El Paso Chamber of Commerce, Greater Irving-Las Colinas Chamber of Commerce, Greater New Braunfels Chamber of Commerce, Greater Port Arthur Chamber of Commerce, Greater Tomball Chamber of Commerce, Houston Northwest Chamber of Commerce, Humble Area Chamber of Commerce, Independent Insurance Agents and Brokers of America, International Franchise Association, International Warehouse and Logistics Association, Kilgore Chamber of Commerce, Killeen Chamber of Commerce, Longview Chamber of Commerce, Lubbock Chamber of Commerce, Lufkin-Angelina County Chamber of Commerce, McAllen Chamber of Commerce, McKinney Chamber of Commerce, Mineral Wells Area Chamber of Commerce, National Association of Homebuilders, National Association of Manufacturers The, National Association of Wholesaler-Distributors, National Automobile Dealers Association, National Federation of Independent Business, National Retail Federation, North San Antonio Chamber of Commerce, Paris-Lamar County Chamber of Commerce, Pearland Chamber of Commerce, Plano Chamber of Commerce, Port Aransas Chamber of Commerce, Portland Chamber of Commerce, Richardson Chamber of Commerce, Rockport-Fulton Chamber of Commerce, Round Rock Chamber of Commerce, San Angelo Chamber of Commerce, Texas Association of Business, Texas Hotel and Lodging Association, Texas Retailer Association, Texas Travel Industry Association, Tyler Area Chamber of Commerce. (Attachments: # 1 Text of Proposed Order)(Friedman, Robert)
NOTICE by Thomas E Perez, Thomas E Perez, U.S. Department of Labor, United States Department of Labor, Wage and Hour Division of the Department of Labor The, David Weil, David Weil, Mary Ziegler re 67 MOTION to Intervene of Non-Position (Saltman, Julie)
RESPONSE to Motion re 66 Opposed MOTION for Joinder to Business Plaintiffs' Motion for Summary Judgment and Request to Consolidate Preliminary Injunction Briefing filed by Thomas E Perez, United States Department of Labor, David Weil, Mary Ziegler. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Saltman, Julie)
Opposed MOTION to Stay by Thomas E Perez, Thomas E Perez, U.S. Department of Labor, United States Department of Labor, Wage and Hour Division of the Department of Labor The, David Weil, David Weil, Mary Ziegler. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Saltman, Julie)
Opposed MOTION for Joinder to Business Plaintiffs' Motion for Summary Judgment and Request to Consolidate Preliminary Injunction Briefing by State of Nevada. (Attachments: # 1 Text of Proposed Order)(VanDyke, Lawrence) (Attachment 1 replaced on 12/6/2016) (kls, ).
SUMMONS Returned Executed by Texas Association of Business, Plano Chamber of Commerce. U.S. Department of Labor served on 10/28/2016, answer due 11/18/2016. (daj, ) (Additional attachment(s): # 1 Summons(es), # 2 Summons(es)) (daj, ) (Entered: 12/05/2016)
***DISREGARD ENTRY - MOTION REQUIRES CERTIFICATE OF CONFERENCE AND PROPOSED ORDER*** MOTION for Joinder to Business Plaintiffs' Motion for Summary Judgment and Request to Consolidate Preliminary Injunction Briefing by State of Nevada. (VanDyke, Lawrence) Modified on 12/5/2016 (kls, ).
TRANSCRIPT REQUEST by Thomas E Perez, United States Department of Labor, Wage and Hour Division of the Department of Labor The, David Weil, Mary Ziegler for proceedings held on 11/16/2016 before Judge Mazzant, (Saltman, Julie)
NOTICE OF APPEAL as to 60 Memorandum & Opinion, Order,,,, by Thomas E Perez, United States Department of Labor, Wage and Hour Division of the Department of Labor The, David Weil, Mary Ziegler. (Saltman, Julie)
ORDER - Having considered Defendants Motion for Enlargement of Page Limit (Dkt. 55 ) as to which Both Sets of Plaintiffs Take no Position and for good cause shown, the Court hereby GRANTS Defendants Motion. Defendants response in opposition to the summary judgment motion (Dkt. #35) shall not exceed 40 pages. Signed by Judge Amos L. Mazzant, III on 11/28/2016. (baf, )
MEMORANDUM OPINION AND ORDER - Pending before the Court is the Emergency Motion for Preliminary Injunction (Dkt. 10 ) filed by the State of Nevada and twenty other states (the State Plaintiffs). After considering the relevant pleadings, exhibits, and argument at the preliminary injunction hearing, the Court enters the findings of fact and conclusions of law set forth below. Based on these findings and conclusions, the Court GRANTS the State Plaintiffs motion. After considering the facts and circumstances of this case, the Court finds that security is unnecessary and exercises its discretion not to require the posting of security in this situation. Signed by Judge Amos L. Mazzant, III on 11/22/2016. (baf, )
ORDER - GRANTING 57 Motion for Leave to File Excess Pages. Plaintiffs may file a Reply Brief in support of their Motion for Summary Judgment, not toexceed 15 pages. Signed by Judge Amos L. Mazzant, III on 11/22/2016. (baf, )
REPLY to Response to Motion re 35 MOTION for Summary Judgment filed by Allen-Fairview Chamber of Commerce, American Bakers Association, American Hotel & Lodging Association, American Society of Association Executives, Angleton Chamber of Commerce, Associated Builders and Contractors, Bay City Chamber of Commerce & Agriculture, Baytown Chamber of Commerce, Cedar Park Chamber of Commerce, Chamber of Commerce of the United States of America, Clear Lake Area Chamber of Commerce, Coppell Chamber of Commerce, Corsicana and Navarro County Chamber of Commerce, East Parker County Chamber of Commerce, Frisco Chamber of Commerce, Galveston Regional Chamber of Commerce, Gilmer Area Chamber of Commerce, Grand Prairie Chamber of Commerce, Greater El Paso Chamber of Commerce, Greater Irving-Las Colinas Chamber of Commerce, Greater New Braunfels Chamber of Commerce, Greater Port Arthur Chamber of Commerce, Greater Tomball Chamber of Commerce, Houston Northwest Chamber of Commerce, Humble Area Chamber of Commerce, Independent Insurance Agents and Brokers of America, International Franchise Association, International Warehouse and Logistics Association, Kilgore Chamber of Commerce, Killeen Chamber of Commerce, Longview Chamber of Commerce, Lubbock Chamber of Commerce, Lufkin-Angelina County Chamber of Commerce, McAllen Chamber of Commerce, McKinney Chamber of Commerce, Mineral Wells Area Chamber of Commerce, National Association of Homebuilders, National Association of Manufacturers The, National Association of Wholesaler-Distributors, National Automobile Dealers Association, National Federation of Independent Business, National Retail Federation, North San Antonio Chamber of Commerce, Paris-Lamar County Chamber of Commerce, Pearland Chamber of Commerce, Plano Chamber of Commerce, Port Aransas Chamber of Commerce, Portland Chamber of Commerce, Richardson Chamber of Commerce, Rockport-Fulton Chamber of Commerce, Round Rock Chamber of Commerce, San Angelo Chamber of Commerce, Texas Association of Business, Texas Hotel and Lodging Association, Texas Retailer Association, Texas Travel Industry Association, Tyler Area Chamber of Commerce. (Friedman, Robert)
Unopposed MOTION for Leave to File Excess Pages by Allen-Fairview Chamber of Commerce, American Bakers Association, American Hotel & Lodging Association, American Society of Association Executives, Angleton Chamber of Commerce, Associated Builders and Contractors, Bay City Chamber of Commerce & Agriculture, Baytown Chamber of Commerce, Cedar Park Chamber of Commerce, Chamber of Commerce of the United States of America, Clear Lake Area Chamber of Commerce, Coppell Chamber of Commerce, Corsicana and Navarro County Chamber of Commerce, East Parker County Chamber of Commerce, Frisco Chamber of Commerce, Galveston Regional Chamber of Commerce, Gilmer Area Chamber of Commerce, Grand Prairie Chamber of Commerce, Greater El Paso Chamber of Commerce, Greater Irving-Las Colinas Chamber of Commerce, Greater New Braunfels Chamber of Commerce, Greater Port Arthur Chamber of Commerce, Greater Tomball Chamber of Commerce, Houston Northwest Chamber of Commerce, Humble Area Chamber of Commerce, Independent Insurance Agents and Brokers of America, International Franchise Association, International Warehouse and Logistics Association, Kilgore Chamber of Commerce, Killeen Chamber of Commerce, Longview Chamber of Commerce, Lubbock Chamber of Commerce, Lufkin-Angelina County Chamber of Commerce, McAllen Chamber of Commerce, McKinney Chamber of Commerce, Mineral Wells Area Chamber of Commerce, National Association of Homebuilders, National Association of Manufacturers The, National Association of Wholesaler-Distributors, National Automobile Dealers Association, National Federation of Independent Business, National Retail Federation, North San Antonio Chamber of Commerce, Paris-Lamar County Chamber of Commerce, Pearland Chamber of Commerce, Plano Chamber of Commerce, Port Aransas Chamber of Commerce, Portland Chamber of Commerce, Richardson Chamber of Commerce, Rockport-Fulton Chamber of Commerce, Round Rock Chamber of Commerce, San Angelo Chamber of Commerce, Texas Association of Business, Texas Hotel and Lodging Association, Texas Retailer Association, Texas Travel Industry Association, Tyler Area Chamber of Commerce. (Attachments: # 1 Text of Proposed Order Proposed Order)(Friedman, Robert)
RESPONSE in Opposition re 35 MOTION for Summary Judgment filed by Thomas E Perez, U.S. Department of Labor, David Weil. (Attachments: # 1 Text of Proposed Order)(Saltman, Julie)
MOTION for Leave to File Excess Pages to which Both Sets of Plaintiffs Take no Position by U.S. Department of Labor, David Weil. (Attachments: # 1 Text of Proposed Order)(Saltman, Julie)
NOTICE by Thomas E Perez, U.S. Department of Labor, David Weil of Filing Excerpts from Administrative Record (Attachments: # 1 Administrative Record 1, # 2 Administrative Record 2, # 3 Administrative Record 3, # 4 Administrative Record 4, # 5 Administrative Record 5, # 6 Administrative Record 6, # 7 Administrative Record 7, # 8 Administrative Record 8, # 9 Administrative Record 9, # 10 Administrative Record 10, # 11 Administrative Record 11, # 12 Administrative Record 12, # 13 Administrative Record 13, # 14 Administrative Record 14, # 15 Administrative Record 15, # 16 Administrative Record 16, # 17 Administrative Record 17, # 18 Administrative Record 18)(Saltman, Julie)
Minute Entry for proceedings held before Judge Amos L. Mazzant, III: Motion Hearing held on 11/16/2016 re 10 Emergency MOTION for Preliminary Injunction and Request for Oral Argument and Expedited Consideration filed by State of Nevada. Court took motion under advisement, ruling should be issued on Tuesday, November 22; if motion is denied, hearing will be set for Monday, November 28. (Court Reporter Jan Mason.) (dm, )
SUR-REPLY to Reply to Response to Motion re 10 Emergency MOTION for Preliminary Injunction and Request for Oral Argument and Expedited Consideration filed by Thomas E Perez, U.S. Department of Labor, United States Department of Labor, Wage and Hour Division of the Department of Labor The, David Weil, David Weil. (Saltman, Julie)
RESPONSE in Support re 10 Emergency MOTION for Preliminary Injunction and Request for Oral Argument and Expedited Consideration filed by State of Nevada. (VanDyke, Lawrence)
ORDER - GRANTING 47 Motion for Leave to File Reply and Sur-Reply Briefs that Exceed Page Limits. The States reply and the Defendants sur-reply shall not exceed 25 pages each. Signed by Judge Amos L. Mazzant, III on 11/9/2016. (baf, )
Unopposed MOTION for Leave to File Excess Pages for Reply and Sur-Reply Briefs by State of Nevada. (Attachments: # 1 Exhibit Proposed Order Granting Motion)(VanDyke, Lawrence) (Additional attachment(s) added on 11/9/2016: # 2 Text of Proposed Order) (baf, ).
RESPONSE to 33 Order,,,,,,, of October 31, 2016 filed by Thomas E Perez, United States Department of Labor, Wage and Hour Division of the Department of Labor The, David Weil, David Weil, Mary Ziegler. (Saltman, Julie)
NOTICE of Attorney Appearance - Pro Hac Vice by Maurice Baskin on behalf of Allen-Fairview Chamber of Commerce, American Bakers Association, American Hotel & Lodging Association, American Society of Association Executives, Angleton Chamber of Commerce, Associated Builders and Contractors, Bay City Chamber of Commerce & Agriculture, Baytown Chamber of Commerce, Cedar Park Chamber of Commerce, Chamber of Commerce of the United States of America, Clear Lake Area Chamber of Commerce, Coppell Chamber of Commerce, Corsicana and Navarro County Chamber of Commerce, East Parker County Chamber of Commerce, Frisco Chamber of Commerce, Galveston Regional Chamber of Commerce, Gilmer Area Chamber of Commerce, Grand Prairie Chamber of Commerce, Greater El Paso Chamber of Commerce, Greater Irving-Las Colinas Chamber of Commerce, Greater New Braunfels Chamber of Commerce, Greater Port Arthur Chamber of Commerce, Greater Tomball Chamber of Commerce, Houston Northwest Chamber of Commerce, Humble Area Chamber of Commerce, Independent Insurance Agents and Brokers of America, International Franchise Association, International Warehouse and Logistics Association, Kilgore Chamber of Commerce, Killeen Chamber of Commerce, Longview Chamber of Commerce, Lubbock Chamber of Commerce, Lufkin-Angelina County Chamber of Commerce, McAllen Chamber of Commerce, McKinney Chamber of Commerce, Mineral Wells Area Chamber of Commerce, National Association of Homebuilders, National Association of Manufacturers The, National Association of Wholesaler-Distributors, National Automobile Dealers Association, National Federation of Independent Business, National Retail Federation, North San Antonio Chamber of Commerce, Paris-Lamar County Chamber of Commerce, Pearland Chamber of Commerce, Plano Chamber of Commerce, Port Aransas Chamber of Commerce, Portland Chamber of Commerce, Richardson Chamber of Commerce, Rockport-Fulton Chamber of Commerce, Round Rock Chamber of Commerce, San Angelo Chamber of Commerce, Texas Association of Business, Texas Hotel and Lodging Association, Texas Retailer Association, Texas Travel Industry Association, Tyler Area Chamber of Commerce. Filing fee $ 100, receipt number 0540-6013470. (Baskin, Maurice)
SUMMONS Returned Executed by State of Nevada. Thomas E. Perez, In His Official Capacity as United States Secretary of Labor served on 10/26/2016. (baf, ) (Entered: 11/02/2016)
SUMMONS Returned Executed by State of Nevada. Dr. David Weil, In His Official Capacity as Administrator of the Wage and Hour Division served on 10/26/2016. (baf, ) (Entered: 11/02/2016)
SUMMONS Returned Executed by State of Nevada. Mary Ziegler, In Her Official capacity as Assistant Administrator for Policy of the Wage and Hour Division served on 10/26/2016 (baf, ) (Entered: 11/02/2016)
SUMMONS Returned Executed by State of Nevada. The Honorable Loretta Lynch, Attorney General of the United States served on 10/26/2016. (baf, ) (Entered: 11/02/2016)
SUMMONS Returned Executed by State of Nevada. Brit Featherston, Acting United States Attorney for the Eastern District of Texas, served on 10/26/2016. (Attachments: # 1 Executed Summons, # 2 Executed Summons, # 3 Executed Summons, # 4 Executed Summons, # 5 Executed Summons, # 6 Letter)(baf, ) (Entered: 11/02/2016)
RESPONSE in Opposition re 10 Emergency MOTION for Preliminary Injunction and Request for Oral Argument and Expedited Consideration filed by Thomas E Perez, U.S. Department of Labor, United States Department of Labor, Wage and Hour Division of the Department of Labor The, David Weil, Mary Ziegler. (Attachments: # 1 Exhibit Exhibit List, # 2 Exhibit A part 1, # 3 Exhibit A part 2, # 4 Exhibit B part 1, # 5 Exhibit B part 2, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E part 1, # 9 Exhibit E part 2, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15 Exhibit K, # 16 Text of Proposed Order)(Saltman, Julie)
***ORIGINALLY FILED IN CONSOLIDATED MEMBER CASE 4:16CV732 AS DOCUMENT NUMBER 10 ON 10/18/2016***EMERGENCY MOTION to Stay Summary Judgment Briefing or in the Alternative to Extend Time to Response by Defendant's. (Attachments: # 1 Text of Proposed Order)(baf, ) Modified on 10/31/2016 (baf, ).
***ORIGINALLY FILED IN CONSOLIDATED MEMBER CASE 4:16CV732 AS DOCUMENT NUMBER 7 ON 10/14/2016*** MOTION for Expedited Summary Judgment by Chamber of Commerce of the United States of America, National Association of Manufacturers The, National Federation of Independent Business. (Attachments: # 1 Appendix In Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Text of Proposed Order)(baf, ) Modified on 10/31/2016 (baf, ).
ORDER. Emergency MOTION to Stay re: First MOTION for Summary Judgment and Brief In Support, MOTION for Extension of Time to File Response/Reply as to First MOTION for Summary Judgment and Brief In Support in the alternative by Thomas E Perez, U.S. Department of Labor, David Weil. Defendants request that the Court stay the summary judgment motion until the preliminary injunction is adjudicated. Defendants argue such a stay would also allow them to compile and certify the administrative record. Alternatively, Defendants request the Court grant an extension of time to respond to the motion. Business Plaintiffs contend Defendants' motion should be denied. They argue Defendants should respond to the preliminary injunction and the summary judgment under the normal response deadlinesboth responses are due on October 31, 2016.It is hereby ORDERED that Defendants motion to stay summary judgment is DENIED.It is further ORDERED that Defendants' alternative motion for extension of time to respond is GRANTED. The deadline for Defendants to file the administrative record and respond to the motion for summary judgment is extended to no later than later than Friday, November 18, 2016, at 5:00 PM. Any reply must be filed no later than Monday, November 21, 2016, at 5:00 PM. If necessary, the Court will schedule a hearing on the motion for November 28, 2016. The Court will consider Business Plaintiffs' summary judgment brief as an amicus brief in support of the preliminary injunction but only for issues that overlap with the Plaintiff States. The Court also grants Business Plaintiffs the opportunity to be heard on the overlapping issues at the injunction hearing. Defendants may file a responsive amicus brief no later than Monday, November 7, 2016, at 5:00 PM. Signed by Judge Amos L. Mazzant, III on 10/31/2016. (kls, )
MOTION for Leave to File Excess Pages by Thomas E Perez, United States Department of Labor, Wage and Hour Division of the Department of Labor The, David Weil, Mary Ziegler. (Attachments: # 1 Text of Proposed Order)(Snell, Kevin)
Summons Issued as to United States Department of Labor, U.S. Attorney and U.S. Attorney General (Attachments: # 1 US Attorney for the Eastern District of Texas, # 2 Attorney General of the United States)(baf, )
NOTICE of Attorney Appearance by Sean Michael McCrory on behalf of Allen-Fairview Chamber of Commerce, American Bakers Association, American Hotel & Lodging Association, American Society of Association Executives, Angleton Chamber of Commerce, Associated Builders and Contractors, Bay City Chamber of Commerce & Agriculture, Baytown Chamber of Commerce, Cedar Park Chamber of Commerce, Chamber of Commerce of the United States of America, Clear Lake Area Chamber of Commerce, Coppell Chamber of Commerce, Corsicana and Navarro County Chamber of Commerce, East Parker County Chamber of Commerce, Frisco Chamber of Commerce, Galveston Regional Chamber of Commerce, Gilmer Area Chamber of Commerce, Grand Prairie Chamber of Commerce, Greater El Paso Chamber of Commerce, Greater Irving-Las Colinas Chamber of Commerce, Greater New Braunfels Chamber of Commerce, Greater Port Arthur Chamber of Commerce, Greater Tomball Chamber of Commerce, Houston Northwest Chamber of Commerce, Humble Area Chamber of Commerce, Independent Insurance Agents and Brokers of America, International Franchise Association, International Warehouse and Logistics Association, Kilgore Chamber of Commerce, Killeen Chamber of Commerce, Longview Chamber of Commerce, Lubbock Chamber of Commerce, Lufkin-Angelina County Chamber of Commerce, McAllen Chamber of Commerce, McKinney Chamber of Commerce, Mineral Wells Area Chamber of Commerce, National Association of Homebuilders, National Association of Manufacturers The, National Association of Wholesaler-Distributors, National Automobile Dealers Association, National Federation of Independent Business, National Retail Federation, North San Antonio Chamber of Commerce, Paris-Lamar County Chamber of Commerce, Pearland Chamber of Commerce, Plano Chamber of Commerce, Port Aransas Chamber of Commerce, Portland Chamber of Commerce, Richardson Chamber of Commerce, Rockport-Fulton Chamber of Commerce, Round Rock Chamber of Commerce, San Angelo Chamber of Commerce, Texas Association of Business, Texas Hotel and Lodging Association, Texas Retailer Association, Texas Travel Industry Association, Tyler Area Chamber of Commerce (McCrory, Sean)
NOTICE of copy of summons issued to The Wage and Hour Division of the Department of Labor served on U.S. Attorney General, Eastern District of Texas on 10/6/2016. (baf, )
NOTICE of copy of summons issued to Dr. David Weil, In His Official Capacity as Administrator of the Wage and Hour Division served on U.S. Attorney General, Eastern District of Texas on 10/6/2016. (baf, )
NOTICE of copy of summons issued to Mary Ziegler, In Her Official capacity as Assistant Administrator for Policy of the Wage and Hour Division served on U.S. Attorney General, Eastern District of Texas on 10/6/2016. (baf, )
NOTICE of copy of summons issued to Thomas E Perez, In His Official Capacity as United States Secretary of Labor served on U.S. Attorney General, Eastern District of Texas on 10/6/2016. (baf, )
REPLY to Response to Motion re 10 Emergency MOTION for Preliminary Injunction and Request for Oral Argument and Expedited Consideration filed by U.S. Department of Labor, David Weil. (Saltman, Julie)
RESPONSE to Motion re 10 Emergency MOTION for Preliminary Injunction and Request for Oral Argument and Expedited Consideration filed by Allen-Fairview Chamber of Commerce, American Bakers Association, American Hotel & Lodging Association, American Society of Association Executives, Angleton Chamber of Commerce, Associated Builders and Contractors, Bay City Chamber of Commerce & Agriculture, Baytown Chamber of Commerce, Cedar Park Chamber of Commerce, Chamber of Commerce of the United States of America, Clear Lake Area Chamber of Commerce, Coppell Chamber of Commerce, Corsicana and Navarro County Chamber of Commerce, East Parker County Chamber of Commerce, Frisco Chamber of Commerce, Galveston Regional Chamber of Commerce, Gilmer Area Chamber of Commerce, Grand Prairie Chamber of Commerce, Greater El Paso Chamber of Commerce, Greater Irving-Las Colinas Chamber of Commerce, Greater New Braunfels Chamber of Commerce, Greater Port Arthur Chamber of Commerce, Greater Tomball Chamber of Commerce, Houston Northwest Chamber of Commerce, Humble Area Chamber of Commerce, Independent Insurance Agents and Brokers of America, International Franchise Association, International Warehouse and Logistics Association, Kilgore Chamber of Commerce, Killeen Chamber of Commerce, Longview Chamber of Commerce, Lubbock Chamber of Commerce, Lufkin-Angelina County Chamber of Commerce, McAllen Chamber of Commerce, McKinney Chamber of Commerce, Mineral Wells Area Chamber of Commerce, National Association of Homebuilders, National Association of Manufacturers The, National Association of Wholesaler-Distributors, National Automobile Dealers Association, National Federation of Independent Business, National Retail Federation, North San Antonio Chamber of Commerce, Paris-Lamar County Chamber of Commerce, Pearland Chamber of Commerce, Plano Chamber of Commerce, Port Aransas Chamber of Commerce, Portland Chamber of Commerce, Richardson Chamber of Commerce, Rockport-Fulton Chamber of Commerce, Round Rock Chamber of Commerce, San Angelo Chamber of Commerce, Texas Association of Business, Texas Hotel and Lodging Association, Texas Retailer Association, Texas Travel Industry Association, Tyler Area Chamber of Commerce. (Friedman, Robert) (Entered: 10/21/2016)
NOTICE of Attorney Appearance by Kevin Matthew Snell on behalf of Thomas E Perez, Thomas E Perez, U.S. Department of Labor, United States Department of Labor, Wage and Hour Division of the Department of Labor The, David Weil, David Weil, Mary Ziegler (Snell, Kevin) (Entered: 10/21/2016)
ORDER - On October 18, 2016, Defendants filed an Emergency Motion to Stay Summary Judgment Briefing or in the Alternative to Extend Time to Respond (Dkt. #10 in 4:16cv732). The Court will take up this motion on an expedited basis and enters the following briefing schedule: Plaintiffs' response must be filed no later than Friday, October 21, 2016, at 5:00 PM. Any reply must be filed no later than Monday, October 24, 2016, at 5:00 PM. Signed by Judge Amos L. Mazzant, III on 10/19/2016. (baf, )
ORDER Setting Hearing on Motion 10 Emergency MOTION for Preliminary Injunction and Request for Oral Argument and Expedited Consideration :The Court grants the request for oral argument and expedited consideration, and enters the following briefing schedule: Defendants response must be filed no later than Monday, October 31, 2016, at 5:00 p.m. Plaintiff States reply must be filed no later than Thursday, November 10, 2016, at 5:00 p.m. Any sur-reply by Defendants must be filed no later than 5:00 p.m. on Tuesday, November 15, 2016. Motion Hearing set for 11/16/2016 at 9:00 AM in Ctrm 208 (Sherman) before Judge Amos L. Mazzant III. Signed by Judge Amos L. Mazzant, III on 10/17/2016. (baf, )
Emergency MOTION for Preliminary Injunction and Request for Oral Argument and Expedited Consideration by State of Nevada. (Attachments: # 1 Exhibit Affidavit of Brian Gaines, S. Carolina, # 2 Exhibit Affidavit of Kevin Paul, S. Carolina, # 3 Exhibit Declaration of Kraig Knowlton, Kansas, # 4 Exhibit Declaration of W. Michelson, Wisconsin, # 5 Exhibit Affidavit of Robert Donley, Iowa, # 6 Exhibit Declaration of Kay Barnhill, Arkansas, # 7 Exhibit Affidavit of Jon Darrow, Indiana, # 8 Exhibit Affidavit of L. Meltabarger, Oklahoma, # 9 Exhibit Arkansas Resolutions, # 10 Text of Proposed Order Order Granting Emergency Motion for Preliminary Injunction)(VanDyke, Lawrence)
Attachment 1 Exhibit Affidavit of Brian Gaines, S. Carolina
Attachment 2 Exhibit Affidavit of Kevin Paul, S. Carolina
Attachment 3 Exhibit Declaration of Kraig Knowlton, Kansas
Attachment 4 Exhibit Declaration of W. Michelson, Wisconsin
Attachment 5 Exhibit Affidavit of Robert Donley, Iowa
Attachment 6 Exhibit Declaration of Kay Barnhill, Arkansas
Attachment 7 Exhibit Affidavit of Jon Darrow, Indiana
Attachment 8 Exhibit Affidavit of L. Meltabarger, Oklahoma
Unopposed MOTION for Leave to File Excess Pages by State of Nevada. (Attachments: # 1 Text of Proposed Order)(VanDyke, Lawrence) (Attachment 1 replaced on 10/6/2016) (baf, ). (Entered: 10/05/2016)
Summons Issued as to Mary Ziegler, In Her Official capacity as Assistant Administrator for Policy of the Wage and Hour Division.(kls, ) (Entered: 09/28/2016)
COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0540-5946595.), filed by State of Ohio, Attorney General Bill Schuette on behalf of the People of Michigan, State of Indiana, State of Texas, Terry E. Branstad, State of Nevada, Paul Lepage, State of South Carolina, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, State of Georgia, State of Alabama, State of Louisiana, State of Oklahoma, State of Wisconsin, State of Utah, Phil Bryant, State of Kansas, State of Arizona, Susana Martinez, State of Nebraska, State of Arkansas. (Attachments: # 1 Civil Cover Sheet)(Shah, Prerak)
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