Chamber of Commerce of the United States of America et al
Texas Eastern District Court | |
Judge: | J Campbell Barker |
Case #: | 6:23-cv-00553 |
Nature of Suit | 899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision |
Cause | 05:702 Administrative Procedure Act |
Case Filed: | Nov 09, 2023 |
Terminated: | Mar 08, 2024 |
Last checked: Tuesday May 07, 2024 3:52 AM CDT |
Amicus
American Hospital Association
Two CityCenter 800 10th St NW #400
Washington, DC 20001 |
Represented By
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Defendant
Gwynne Wilcox
Board Member, National Labor Relations Board 1015 Half Street SE
Washington, DC 20570 |
Represented By
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Defendant
Marvin Kaplan
Board Member, National Labor Relations Board
Washington, DC 20570 |
Represented By
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Defendant
Lauren McFerran
Chair, National Labor Relations Board 1015 Half Street SE
Washington, DC 20570 |
Represented By
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Defendant
David Prouty
Board Member, National Labor Relations Board 1015 Half Street SE
Washington, DC 20570 |
Represented By
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Defendant
National Labor Relations Board
1015 Half Street SE
Washington, DC 20570 |
Represented By
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Plaintiff
National Association of Convenience Stores
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Represented By
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Plaintiff
Texas Restaurant Association
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Represented By
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Plaintiff
Texas Association of Business
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Represented By
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Plaintiff
Restaurant Law Center
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Represented By
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Plaintiff
National Retail Federation
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Represented By
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Plaintiff
American Hotel and Lodging Association
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Represented By
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Plaintiff
Longview Chamber of Commerce
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Represented By
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Plaintiff
International Franchise Association
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Represented By
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Plaintiff
Coalition for Democratic Workplace
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Represented By
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Plaintiff
Chamber of Commerce of the United States of America
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Represented By
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Plaintiff
Associated General Contractors of America
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Represented By
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Plaintiff
Associated Builders and Contractors
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Represented By
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Docket last updated: 11 hours ago |
Friday, July 19, 2024 | ||
49 | 49
![]() USCA JUDGMENT Issued as Mandate as to48 Notice of Appeal, filed by National Labor Relations Board, Gwynne Wilcox, David Prouty, Marvin Kaplan, Lauren McFerran. Appeal is dismissed as of July 19, 2024, pursuant to appellant's moton.(gsm) |
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Friday, June 14, 2024 | ||
appeal
USCA Case Number
Fri 06/14 9:33 AM
USCA Case Number 24-40331 for48 Notice of Appeal, filed by National Labor Relations Board, Gwynne Wilcox, David Prouty, Marvin Kaplan, Lauren McFerran. (gsm) |
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Tuesday, May 21, 2024 | ||
appeal
USCA Availability of eROA
Tue 05/21 4:25 PM
Appeal Remark re: Counsel can access the record on appeal by following the instructions in the link. If an appearance wasn't made in the appellant court, counsel doesn't have access through the link.[LINK:Link to Instructions] re48 Notice of Appeal, : (gsm) |
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Tuesday, May 07, 2024 | ||
48 | 48
![]() NOTICE OF APPEAL as to47 Order,44 Order on Motion for Summary Judgment, Order on Motion for Miscellaneous Relief,45 Judgment by Marvin Kaplan, Lauren McFerran, National Labor Relations Board, David Prouty, Gwynne Wilcox. (Flack, Christine) |
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Monday, March 18, 2024 | ||
47 | 47
![]() CORRECTED ORDER granting10 Motion for Summary Judgment; denying25 Motion to transfer, and denying34 Motion for Summary Judgment, reflecting changes made by46 Errata Sheet. Signed by District Judge J. Campbell Barker on 3/8/2024. (ndc) |
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46 | 46
![]() ERRATA SHEET for44 Order. Signed by District Judge J. Campbell Barker on 3/18/2024. (ndc) |
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Friday, March 08, 2024 | ||
45 | 45
![]() FINAL JUDGMENT. Signed by District Judge J. Campbell Barker on 3/8/2024. (ndc) |
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44 | 44
![]() ORDER granting10 Motion for Summary Judgment; denying25 Motion to transfer; and denying34 Motion for Summary Judgment. Signed by District Judge J. Campbell Barker on 3/8/2024. (ndc) |
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Thursday, February 22, 2024 | ||
43 | 43
![]() ORDER staying the rule's effective date. The new effective date of the rescission of the prior joint-employer rule and implementation of the new rule is March 11, 2024. Signed by District Judge J. Campbell Barker on 2/22/2024. (ndc) |
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Wednesday, February 21, 2024 | ||
42 | 42
![]() NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motions Hearing Proceedings held on 2/13/2024 before Judge J. Campbell Barker. Court Reporter: Shea Sloan, shea_sloan@txed.uscourts.gov. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) 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 before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Motion to Redact due 3/13/2024. Release of Transcript Restriction set for 5/21/2024. (sms) |
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Wednesday, February 14, 2024 | ||
41 | 41
![]() PAPER TRANSCRIPT REQUEST by American Hotel and Lodging Association, Associated Builders and Contractors, Associated General Contractors of America, Chamber of Commerce of the United States of America, Coalition for Democratic Workplace, International Franchise Association, Longview Chamber of Commerce, National Association of Convenience Stores, National Retail Federation, Restaurant Law Center, Texas Association of Business, Texas Restaurant Association for proceedings held on 02/13/2024 Motion Hearing before Judge Barker. (Shah, Pratik) (Forwarded to Court Reporter, Shea Sloan, on 2/14/2024) (slo) |
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Tuesday, February 13, 2024 | ||
40 | 40
![]() Minute Entry for proceedings held before District Judge J. Campbell Barker: Motion Hearing held on 2/13/2024 re34 cross motion for summary judgment,10 motion for summary judgment, and25 motion to transfer. Hearing held from 1:05-3:19 pm. Attorney Appearances: Plaintiff - Pratik Shah, James Tysse; Defense - Christine Flack, Tyler Wiese. (No exhibits) Court Reporter - Shea Sloan. (ndc) |
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Monday, February 12, 2024 | ||
notice
Notice (Other)
Mon 02/12 4:31 PM
NOTICE regarding motion hearing on 2/13/2024 at 1:00 PM. Nonparticipants wishing to listen to the hearing may dial in using the following information: 571-353-2301; Access: 995969370. This line will be muted during the hearing and only nonparticipants may dial in. (ndc) |
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Thursday, February 08, 2024 | ||
39 | 39
![]() ORDER granting26 Motion for Leave to File amicus curiae brief. The proposed brief27 is deemed filed. Signed by District Judge J. Campbell Barker on 2/8/2024. (ndc) |
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Tuesday, January 30, 2024 | ||
notice
Notice of Hearing on Motion
Tue 01/30 12:00 PM
NOTICE of Hearing on34 Cross Motion for Summary Judgment,10 Motion for Summary Judgment, and25 Motion to Transfer: Motion Hearing set for 2/13/2024 at 01:00 PM before District Judge J. Campbell Barker. (ndc) |
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Wednesday, January 24, 2024 | ||
38 | 38
![]() SUMMONS Returned Executed by Texas Association of Business, Longview Chamber of Commerce, American Hotel and Lodging Association, Chamber of Commerce of the United States of America, International Franchise Association, Associated Builders and Contractors, National Retail Federation, Texas Restaurant Association, National Association of Convenience Stores, Associated General Contractors of America, Restaurant Law Center, Coalition for Democratic Workplace. All Defendants.(Warrick, Laura) |
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Tuesday, January 23, 2024 | ||
37 | 37
![]() REPLY to Response to Motion re34 CROSS MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment and Memorandum of Law in Support - Defendant's Reply in Support of Cross-Motion for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment filed by Marvin Kaplan, Lauren McFerran, National Labor Relations Board, David Prouty, Gwynne Wilcox .(Wiese, Tyler) |
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Tuesday, January 16, 2024 | ||
36 | 36
![]() REPLY to Response to Motion re10 MOTION for Summary Judgment and Memorandum of Law in Support - Plaintiffs' Reply In Support of Motion for Summary Judgment and Opposition to Defendants' Cross-Motion for Summary Judgment - filed by American Hotel and Lodging Association, Associated Builders and Contractors, Associated General Contractors of America, Chamber of Commerce of the United States of America, Coalition for Democratic Workplace, International Franchise Association, Longview Chamber of Commerce, National Association of Convenience Stores, National Retail Federation, Restaurant Law Center, Texas Association of Business, Texas Restaurant Association .(Shah, Pratik) |
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Tuesday, December 19, 2023 | ||
35 | 35
![]() CORRECTED Additional Attachments to Main Document:34 CROSS MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment . Exhibit 1 (Corrected) (1 of 2) .(Wiese, Tyler) |
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Monday, December 18, 2023 | ||
34 | 34
![]() CROSS MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment by Marvin Kaplan, Lauren McFerran, National Labor Relations Board, David Prouty, Gwynne Wilcox.(Wiese, Tyler) |
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33 | 33
![]() NOTICE by Marvin Kaplan, Lauren McFerran, National Labor Relations Board, David Prouty, Gwynne Wilcox of Filing Certification of Administrative Record(Flack, Christine) |
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32 | 32
![]() SUR-REPLY to Reply to Response to Motion re25 MOTION TRANSFER TO THE D.C. CIRCUIT FOR LACK OF SUBJECT-MATTER JURISDICTION Plaintiffs' Surreply in Opposition to Defendants' Motion to Transfer filed by American Hotel and Lodging Association, Associated Builders and Contractors, Associated General Contractors of America, Chamber of Commerce of the United States of America, Coalition for Democratic Workplace, International Franchise Association, Longview Chamber of Commerce, National Association of Convenience Stores, National Retail Federation, Restaurant Law Center, Texas Association of Business, Texas Restaurant Association . (Shah, Pratik) |
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Tuesday, December 12, 2023 | ||
31 | 31
![]() JOINT STIPULATION AS TO STANDING AND APPROPRIATE USE OF DECLARATIONS by Marvin Kaplan, Lauren McFerran, National Labor Relations Board, David Prouty, Gwynne Wilcox. (Flack, Christine) |
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Monday, December 11, 2023 | ||
30 | 30
![]() REPLY to Response to Motion re25 MOTION TRANSFER TO THE D.C. CIRCUIT FOR LACK OF SUBJECT-MATTER JURISDICTION filed by Marvin Kaplan, Lauren McFerran, National Labor Relations Board, David Prouty, Gwynne Wilcox . (Flack, Christine) |
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Monday, December 04, 2023 | ||
29 | 29
![]() RESPONSE in Opposition re25 MOTION TRANSFER TO THE D.C. CIRCUIT FOR LACK OF SUBJECT-MATTER JURISDICTION Plaintiffs' Opposition to Defendants' Motion to Transfer filed by American Hotel and Lodging Association, Associated Builders and Contractors, Associated General Contractors of America, Chamber of Commerce of the United States of America, Coalition for Democratic Workplace, International Franchise Association, Longview Chamber of Commerce, National Association of Convenience Stores, National Retail Federation, Restaurant Law Center, Texas Association of Business, Texas Restaurant Association . (Shah, Pratik) |
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Wednesday, November 29, 2023 | ||
28 | 28
![]() NOTICE of Attorney Appearance - Pro Hac Vice by Maurice Baskin on behalf of Associated Builders and Contractors, International Franchise Association. Filing fee $ 100, receipt number ATXEDC-9840398. (Baskin, Maurice) |
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Monday, November 20, 2023 | ||
27 | 27
![]() PROPOSED BRIEF filed In Support of Plaintiffs' Motion for Summary Judgment by American Hospital Association. (Bush, Joanne) |
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26 | 26
![]() UNOPPOSED MOTION for Leave to File Amicus Curiae Brief by American Hospital Association. (Bush, Joanne) |
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25 | 25
![]() MOTION TRANSFER TO THE D.C. CIRCUIT FOR LACK OF SUBJECT-MATTER JURISDICTION by Marvin Kaplan, Lauren McFerran, National Labor Relations Board, David Prouty, Gwynne Wilcox.(Flack, Christine) |
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24 | 24
![]() Amicus Curiae APPEARANCE entered by Joanne Bush on behalf of American Hospital Association. (Bush, Joanne) |
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Friday, November 17, 2023 | ||
23 | 23
![]() ORDER granting11 motion to expedite as modified and setting briefing schedule. Signed by District Judge J. Campbell Barker on 11/17/2023. (ndc) |
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22 | 22
![]() STATUS REPORT JOINT PROPOSED BRIEFING SCHEDULE by Marvin Kaplan, Lauren McFerran, National Labor Relations Board, David Prouty, Gwynne Wilcox.(Flack, Christine) |
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21 | 21
![]() NOTICE of Attorney Appearance - Pro Hac Vice by Tyler James Wiese on behalf of National Labor Relations Board. (nkl, ) |
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20 | 20
![]() NOTICE of Attorney Appearance - Pro Hac Vice by Angelo Amador on behalf of Restaurant Law Center. Filing fee $ 100, receipt number ATXEDC-9825316. (Amador, Angelo) |
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Thursday, November 16, 2023 | ||
19 | 19
![]() NOTICE by Marvin Kaplan, Lauren McFerran, National Labor Relations Board, David Prouty, Gwynne Wilcox REGARDING EXTENSION OF EFFECTIVE DATE OF FINAL RULE (Flack, Christine) |
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Wednesday, November 15, 2023 | ||
18 | 18
![]() RESPONSE in Opposition re11 MOTION to Expedite Consideration AND PROPOSED ALTERNATIVE BRIEFING SCHEDULE filed by Marvin Kaplan, Lauren McFerran, National Labor Relations Board, David Prouty, Gwynne Wilcox . (Flack, Christine) |
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17 | 17
![]() NOTICE of Attorney Appearance - Pro Hac Vice by Stephanie A Maloney on behalf of Chamber of Commerce of the United States of America. Filing fee $ 100, receipt number ATXEDC-9820011. (Maloney, Stephanie) |
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Tuesday, November 14, 2023 | ||
16 | 16
![]() NOTICE of Attorney Appearance - Pro Hac Vice by Jordan Von Bokern on behalf of Chamber of Commerce of the United States of America. Filing fee $ 100, receipt number ATXEDC-9818492. (Von Bokern, Jordan) |
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15 | 15
![]() ORDER for defendants to file a proposed briefing schedule by 2:00 p.m. tomorrow, November 15, 2023. Signed by District Judge J. Campbell Barker on 11/14/2023. (ndc) |
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14 | 14
![]() NOTICE by Marvin Kaplan, Lauren McFerran, National Labor Relations Board, David Prouty, Gwynne Wilcox OF RELATED CASE (Flack, Christine) |
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13 | 13
![]() NOTICE of Attorney Appearance - Pro Hac Vice by Shawnnell Barnett on behalf of National Labor Relations Board. (nkl, ) |
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12 | 12
![]() FILED IN ERROR NOTICE of Attorney Appearance by Shawnnell Barnett on behalf of National Labor Relations Board (Barnett, Shawnnell) Modified on 11/14/2023 (nkl, ) |
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notice
Notice of Docket Correction
Tue 11/14 3:51 PM
***FILED IN ERROR - was filed using the wrong docket event. Document # 12, NOTICE of Attorney Appearance. PLEASE IGNORE.*** (nkl, ) |
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Monday, November 13, 2023 | ||
11 | 11
![]() MOTION to Expedite Consideration by American Hotel and Lodging Association, Associated Builders and Contractors, Associated General Contractors of America, Chamber of Commerce of the United States of America, Coalition for Democratic Workplace, International Franchise Association, Longview Chamber of Commerce, National Association of Convenience Stores, National Retail Federation, Restaurant Law Center, Texas Association of Business, Texas Restaurant Association.(Shah, Pratik) |
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10 | 10
![]() MOTION for Summary Judgment and Memorandum of Law in Support by American Hotel and Lodging Association, Associated Builders and Contractors, Associated General Contractors of America, Chamber of Commerce of the United States of America, Coalition for Democratic Workplace, International Franchise Association, Longview Chamber of Commerce, National Association of Convenience Stores, National Retail Federation, Restaurant Law Center, Texas Association of Business, Texas Restaurant Association.(Shah, Pratik) |
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9 | 9
![]() NOTICE of Attorney Appearance by Christine Flack on behalf of Marvin Kaplan, Lauren McFerran, National Labor Relations Board, David Prouty, Gwynne Wilcox (Flack, Christine) |
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8 | 8
![]() NOTICE of Attorney Appearance - Pro Hac Vice by James Crowley on behalf of American Hotel and Lodging Association, Associated Builders and Contractors, Associated General Contractors of America, Chamber of Commerce of the United States of America, Coalition for Democratic Workplace, International Franchise Association, Longview Chamber of Commerce, National Association of Convenience Stores, National Retail Federation, Restaurant Law Center, Texas Association of Business, Texas Restaurant Association. Filing fee $ 100, receipt number ATXEDC-9812008. (Crowley, James) |
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7 | 7
![]() NOTICE of Attorney Appearance - Pro Hac Vice by Margaret O'Brien Rusconi on behalf of American Hotel and Lodging Association, Associated Builders and Contractors, Associated General Contractors of America, Chamber of Commerce of the United States of America, Coalition for Democratic Workplace, International Franchise Association, Longview Chamber of Commerce, National Association of Convenience Stores, National Retail Federation, Restaurant Law Center, Texas Association of Business, Texas Restaurant Association. Filing fee $ 100, receipt number ATXEDC-9811950. (Rusconi, Margaret) |
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6 | 6
![]() NOTICE of Attorney Appearance - Pro Hac Vice by Pratik Shah on behalf of American Hotel and Lodging Association, Associated Builders and Contractors, Associated General Contractors of America, Chamber of Commerce of the United States of America, Coalition for Democratic Workplace, International Franchise Association, Longview Chamber of Commerce, National Association of Convenience Stores, National Retail Federation, Restaurant Law Center, Texas Association of Business, Texas Restaurant Association. Filing fee $ 100, receipt number ATXEDC-9811836. (Shah, Pratik) |
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5 | 5
![]() ORDER REGULATING PRACTICE. Signed by District Judge J. Campbell Barker on 11/13/2023. (wea, 6) |
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notice
Notice of Magistrate Availability
Mon 11/13 9:06 AM
In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form[LINK:Consent to Proceed Before Magistrate Judge] is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge . (wea, 6) |
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Friday, November 10, 2023 | ||
4 | 4
![]() NOTICE of Attorney Appearance - Pro Hac Vice by James Tysse on behalf of American Hotel and Lodging Association, Associated Builders and Contractors, Associated General Contractors of America, Chamber of Commerce of the United States of America, Coalition for Democratic Workplace, International Franchise Association, Longview Chamber of Commerce, National Association of Convenience Stores, National Retail Federation, Restaurant Law Center, Texas Association of Business, Texas Restaurant Association. Filing fee $ 100, receipt number ATXEDC-9810756. (Tysse, James) |
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Thursday, November 09, 2023 | ||
3 | 3
![]() SUMMONS Issued as to Marvin Kaplan, Lauren McFerran, National Labor Relations Board, David Prouty, Gwynne Wilcox, U.S. Attorney, and U.S. Attorney General.(ndc) |
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2 | 2
![]() Fed. R. Civ. P. 7.1(a)(1) Disclosure Statement filed by American Hotel and Lodging Association, Associated Builders and Contractors, Associated General Contractors of America, Chamber of Commerce of the United States of America, Coalition for Democratic Workplace, International Franchise Association, Longview Chamber of Commerce, National Association of Convenience Stores, National Retail Federation, Restaurant Law Center, Texas Association of Business, Texas Restaurant Association (Warrick, Laura) |
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1 | 1
![]() COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 402 receipt number ATXEDC-9808476.), filed by International Franchise Association, Texas Association of Business, Associated Builders and Contractors, Longview Chamber of Commerce, National Retail Federation, Texas Restaurant Association, American Hotel and Lodging Association, National Association of Convenience Stores, Associated General Contractors of America, Chamber of Commerce of the United States of America, Restaurant Law Center, Coalition for Democratic Workplace.(Warrick, Laura) |
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utility
Add and Terminate Judges
Mon 11/13 9:03 AM
District Judge J. Campbell Barker added. (wea, 6) |