Case: Texas v. EEOC

5:13-cv-00255 | U.S. District Court for the Northern District of Texas

Filed Date: Nov. 4, 2013

Case Ongoing

Clearinghouse coding complete

Case Summary

In 2012, the EEOC adopted a guidance document stating that employers may not categorically exclude felons from hiring. When a felon who was denied employment with the Texas Department of Public Safety filed a complaint with the EEOC, Texas brought suit seeking to prevent enforcement of the Guidance. This lawsuit, filed on November 4, 2013 in the U.S. District Court for the Northern District of Texas, sought declaratory and injunctive relief under the Declaratory Judgment Act and the Administr…

In 2012, the EEOC adopted a guidance document stating that employers may not categorically exclude felons from hiring. When a felon who was denied employment with the Texas Department of Public Safety filed a complaint with the EEOC, Texas brought suit seeking to prevent enforcement of the Guidance. This lawsuit, filed on November 4, 2013 in the U.S. District Court for the Northern District of Texas, sought declaratory and injunctive relief under the Declaratory Judgment Act and the Administrative Procedure Act, alleging that by issuing the Guidance, the EEOC had overstepped the authority granted to it by Title VII of the Civil Rights Act. The case was assigned to Judge Sam R. Cummings.

On August 20, 2014, the court granted the EEOC’s motion to dismiss for lack of subject matter jurisdiction. It held that the injury that Texas alleged was merely speculative, since the EEOC could not bring a direct enforcement action against the state, but could only refer the state’s case to the U.S. Attorney General for litigation or issue a right-to-sue letter to an aggrieved person. With only a speculative injury, Texas lacked Article III standing to sue. 2014 WL 4782992. Texas appealed this decision on August 25, 2014.

Nearly two years later, on June 27, 2016, the Fifth Circuit reversed the district court’s judgment: as Texas was the object of enforcement, even indirectly, it had standing to challenge the Guidance. Notably, this ruling was guided by the Supreme Court’s 2016 decision in U.S. Army Corps of Eng’rs v. Hawkes Co., 136 S.Ct. 1807, which had been unavailable to the district court at the time of its 2014 ruling. The Fifth Circuit therefore withdrew the reversal on September 23, 2016, vacated the district court’s original ruling, and sent the case back to the district court for a new judgment in light of Hawkes. 832 F.3d 327.

Nearly a year later, after the district court had denied an EEOC motion to dismiss, both Texas and the EEOC moved for summary judgment on September 14, 2017. On February 1, 2018 the court granted partial summary judgment to Texas. Holding that the Guidance was a substantive rule, promulgated without notice and the opportunity for comment, the court issued an injunction barring the EEOC from enforcing the Guidance until it had “complied with the notice and comment requirements under the APA for promulgating an enforceable substantive rule.” The court declined to rule that the EEOC did not have authority to issue substantive rules, and it dismissed the state’s claim for declaratory judgment.

Both the EEOC and Texas appealed the ruling. On September 30, 2019, the Fifth Circuit (Judges Smith, Wiener, and Elrod) modified the district court’s injunction, upheld the modified version, and upheld the dismissal of the state’s other claims. The court held that the Guidance was a substantive regulation that the EEOC had no authority to promulgate. The modified injunction, therefore, enjoined the EEOC and the Attorney General from enforcing the Guidance against Texas, regardless of compliance with APA notice and comment requirements.

Summary Authors

Jordan Rossen (1/17/2014)

Cianan Lesley (2/24/2019)

Gregory Marsh (7/4/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4391064/parties/state-of-texas-v-eeoc/


Judge(s)

Cummings, Samuel Ray (Texas)

Smith, Jerry Edwin (Texas)

Attorneys(s) for Plaintiff

Abbott, Greg (Texas)

D'Andrea, Arthur C. (Texas)

Farrer, Richard B. (Texas)

Hacker, David J. (Texas)

Hawkins, Kyle Douglas (Texas)

Hodge, Daniel (Texas)

Howell, Dustin M. (Texas)

Keller, Scott A. (Texas)

Judge(s)

Cummings, Samuel Ray (Texas)

Smith, Jerry Edwin (Texas)

Attorneys(s) for Plaintiff

Abbott, Greg (Texas)

D'Andrea, Arthur C. (Texas)

Farrer, Richard B. (Texas)

Hacker, David J. (Texas)

Hawkins, Kyle Douglas (Texas)

Hodge, Daniel (Texas)

Howell, Dustin M. (Texas)

Keller, Scott A. (Texas)

Leonie, Andrew D. (Texas)

Mitchell, Jonathan F. (Texas)

Nimocks, Austin R. (District of Columbia)

Oldham, Andrew Stephen (Texas)

Toth, Michael C. (Texas)

Attorneys(s) for Defendant

Kennedy, Brian (District of Columbia)

Powers, James R (District of Columbia)

Sandberg, Justin Michael (District of Columbia)

Other Attorney(s)

Aden, Leah C. (New York)

Avery, Elizabeth Lauren (California)

Cloutman, Edward Bradbury III (Texas)

Hernandez, Philip M. (California)

Lossia, Dana E (New York)

Merle, Natasha C. (New York)

Montag, Coty R (District of Columbia)

Spital, Samuel (New York)

Stroup, Robert H (New York)

Wilberforce, Nana (New York)

Documents in the Clearinghouse

Document

5:13-cv-00255

Docket [Pacer]

Oct. 7, 2019

Oct. 7, 2019

Docket
1

5:13-cv-00255

Complaint for Declaratory and Injunctive Relief

Nov. 4, 2013

Nov. 4, 2013

Complaint
37

5:13-cv-00255

Judgment Dismissing Case

2014 WL 4782992

Aug. 20, 2014

Aug. 20, 2014

Order/Opinion
42

5:13-cv-00255

Court of Appeals Opinion Vacating Prior Dismissal of Case

U. S. Court of Appeals for the Fifth Circuit

838 F.3d 511

Sept. 23, 2016

Sept. 23, 2016

Order/Opinion
62

5:13-cv-00255

Second Amended Complaint

July 28, 2017

July 28, 2017

Complaint
117

5:13-cv-00255

Order Granting Summary Judgment in Part

2018 WL 1087654

Feb. 1, 2018

Feb. 1, 2018

Order/Opinion
00515137429

5:13-cv-00255

18-10638

[Opinion]

Texas v. Equal Employment Opportunity Commission

U. S. Court of Appeals for the Fifth Circuit

933 F.3d 433

Aug. 6, 2019

Aug. 6, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4391064/state-of-texas-v-eeoc/

Last updated July 23, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Jacqueline Berrien, EEOC filed by Texas (State of). (Filer fee note- Clerk to add prior fee payment info here.) Clerk to issue summons(es). 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 should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership (Attachments: # 1 Exhibit(s) EEOC Enforcement Guidance, # 2 Cover Sheet) (Mitchell, Jonathan) (Entered: 11/04/2013)

1 Exhibit(s) EEOC Enforcement Guidance

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2 Cover Sheet

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Nov. 4, 2013

Nov. 4, 2013

RECAP
2

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Texas (State of). (Mitchell, Jonathan) (Main Document 2 replaced on 9/8/2014 (not flattened)) (cb). Modified per USCA Fifth Circuit on 9/8/2014 (cb). (Entered: 11/04/2013)

Nov. 4, 2013

Nov. 4, 2013

PACER
3

New Case Notes: A filing fee is not due for this case. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (cb) (Entered: 11/04/2013)

Nov. 4, 2013

Nov. 4, 2013

PACER
4

Request for Clerk to issue summons filed by State of Texas. (Mitchell, Jonathan) (Entered: 11/04/2013)

Nov. 4, 2013

Nov. 4, 2013

PACER
5

Summons issued as to Jacqueline Berrien, EEOC, U.S. Attorney, and U.S. Attorney General. (cb) (Entered: 11/05/2013)

Nov. 5, 2013

Nov. 5, 2013

PACER
6

NOTICE of Attorney Appearance by Arthur D'Andrea on behalf of State of Texas. (Filer confirms contact info in ECF is current.) (D'Andrea, Arthur) (Entered: 11/05/2013)

Nov. 5, 2013

Nov. 5, 2013

PACER
7

NOTICE of Attorney Appearance by Andrew Stephen Oldham on behalf of State of Texas. (Filer confirms contact info in ECF is current.) (Oldham, Andrew) (Entered: 11/05/2013)

Nov. 5, 2013

Nov. 5, 2013

PACER
8

NOTICE of Attorney Appearance by Justin Michael Sandberg on behalf of All Defendants. (Filer confirms contact info in ECF is current.) (Sandberg, Justin) (Entered: 12/09/2013)

Dec. 9, 2013

Dec. 9, 2013

PACER
9

AFFIDAVIT of Service for Summons and Complaint served on Eric H. Holder, Jr. on 11/14/2013. (Oldham, Andrew) (Entered: 12/13/2013)

Dec. 13, 2013

Dec. 13, 2013

PACER
10

AFFIDAVIT of Service for Summons and Complaint served on Civil Process Clerk on 11/12/2013. (Oldham, Andrew) (Entered: 12/13/2013)

Dec. 13, 2013

Dec. 13, 2013

PACER
11

AFFIDAVIT of Service for Summons and Complaint served on U.S. Equal Employment Opportunity Commission on 11/12/2013. (Oldham, Andrew) (Entered: 12/13/2013)

Dec. 13, 2013

Dec. 13, 2013

PACER
12

AFFIDAVIT of Service for Summons and Complaint served on Jacqueline A. Berrien on 11/13/2013. (Oldham, Andrew) (Entered: 12/13/2013)

Dec. 13, 2013

Dec. 13, 2013

RECAP
13

Unopposed Motion for Extension of Time to File Answer filed by Jacqueline Berrien, EEOC with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order Granting Extension of Time Until Jan. 27) (Sandberg, Justin) (Entered: 12/31/2013)

1 Proposed Order Granting Extension of Time Until Jan. 27

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Dec. 31, 2013

Dec. 31, 2013

RECAP
14

ORDER granting 13 Motion for Extension of Time to File Answer re 1 Complaint. Jacqueline Berrien answer due 1/27/2014; EEOC answer due 1/27/2014. No further extensions will be granted. (Ordered by Judge Sam R Cummings on 12/31/2013) (bdg) (Entered: 12/31/2013)

Dec. 31, 2013

Dec. 31, 2013

RECAP
15

MOTION to Dismiss filed by Jacqueline Berrien, EEOC (Attachments: # 1 Proposed Order) (Sandberg, Justin) (Entered: 01/27/2014)

1 Proposed Order

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Jan. 27, 2014

Jan. 27, 2014

PACER
16

Brief/Memorandum in Support filed by Jacqueline Berrien, EEOC re 15 MOTION to Dismiss (Sandberg, Justin) (Entered: 01/27/2014)

Jan. 27, 2014

Jan. 27, 2014

PACER
17

Appendix in Support filed by Jacqueline Berrien, EEOC re 16 Brief/Memorandum in Support of Motion (Sandberg, Justin) (Entered: 01/27/2014)

Jan. 27, 2014

Jan. 27, 2014

PACER
18

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Jacqueline Berrien, EEOC. (Sandberg, Justin) (Main Document 18 replaced (not flattened) on 9/8/2014) (cb). Modified on 9/8/2014 per USCA Fifth Circuit (cb). (Entered: 01/27/2014)

Jan. 27, 2014

Jan. 27, 2014

PACER
19

Unopposed MOTION to Extend Time to Replead and/or Oppose Motion to Dismiss filed by State of Texas (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 02/13/2014)

1 Proposed Order

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Feb. 13, 2014

Feb. 13, 2014

PACER
20

ORDER granting 19 Motion to Extend Time to Replead and/or Oppose Motion to Dismiss is GRANTED. The deadline for Plaintiff to replead and/or oppose Defendant's motion to dismiss is extended to March 4, 2014. (Ordered by Judge Sam R Cummings on 2/14/2014) (lkw) (Entered: 02/14/2014)

Feb. 14, 2014

Feb. 14, 2014

PACER
21

NOTICE of Erratum filed by Jacqueline Berrien, EEOC (Sandberg, Justin) (Entered: 02/14/2014)

Feb. 14, 2014

Feb. 14, 2014

PACER
22

Second MOTION to Extend Time to Replead and/or Oppose Motion to Dismiss filed by State of Texas (Attachments: # 1 Proposed Order Second Unopposed Motion for Extension of Time to Replead and/or Oppose Motion to Dismiss) (Mitchell, Jonathan) (Entered: 02/27/2014)

1 Proposed Order Second Unopposed Motion for Extension of Time to Replead and/or O

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Feb. 27, 2014

Feb. 27, 2014

PACER
23

ORDER granting 22 Motion to Extend Time. The deadline for Plaintiff to replead and/or oppose Defendants' motion to dismiss is extended to March 18, 2014. (Ordered by Judge Sam R Cummings on 2/28/2014) (cb) (Entered: 02/28/2014)

Feb. 28, 2014

Feb. 28, 2014

PACER
24

AMENDED COMPLAINT against EEOC, et al, filed by State of Texas. Clerk to issue summons(es) for new federal defendant(s). (Mitchell, Jonathan) Modified text on 3/18/2014 (cb). (Entered: 03/18/2014)

March 18, 2014

March 18, 2014

PACER
25

RESPONSE filed by State of Texas re: 15 MOTION to Dismiss (Attachments: # 1 Exhibit(s) Vance v. Ball State, # 2 Exhibit(s) UT v. Nassar) (Mitchell, Jonathan) (Entered: 03/18/2014)

1 Exhibit(s) Vance v. Ball State

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2 Exhibit(s) UT v. Nassar

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March 18, 2014

March 18, 2014

PACER
26

Summons issued as to Eric H Holder, U.S. Attorney, and U.S. Attorney General. (cb) (Entered: 03/18/2014)

March 18, 2014

March 18, 2014

PACER
27

NOTICE of Intention to File Motion to Dismiss re: 24 Amended Complaint filed by Jacqueline Berrien, EEOC, Eric H Holder (Sandberg, Justin) (Entered: 03/26/2014)

March 26, 2014

March 26, 2014

PACER
28

ORDER denying as moot 15 Motion to Dismiss. (Ordered by Judge Sam R Cummings on 3/28/2014) (cb) (Entered: 03/28/2014)

March 28, 2014

March 28, 2014

PACER
29

MOTION to Dismiss for Lack of Jurisdiction filed by Jacqueline Berrien, EEOC, Eric H Holder (Attachments: # 1 Proposed Order) (Sandberg, Justin) (Entered: 04/04/2014)

1 Proposed Order

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April 4, 2014

April 4, 2014

PACER
30

Brief/Memorandum in Support filed by Jacqueline Berrien, EEOC, Eric H Holder re 29 MOTION to Dismiss for Lack of Jurisdiction (Sandberg, Justin) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

PACER
31

Appendix in Support filed by Jacqueline Berrien, EEOC, Eric H Holder re 30 Brief/Memorandum in Support of Motion (Sandberg, Justin) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

PACER
32

RESPONSE filed by State of Texas re: 29 MOTION to Dismiss for Lack of Jurisdiction (Attachments: # 1 Exhibit(s) Exhibits Table of Contents, # 2 Exhibit(s) Exhibit A, # 3 Exhibit(s) Exhibit B, # 4 Exhibit(s) Exhibit C, # 5 Proposed Amendment Exhibit D) (Oldham, Andrew) (Entered: 04/18/2014)

1 Exhibit(s) Exhibits Table of Contents

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2 Exhibit(s) Exhibit A

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3 Exhibit(s) Exhibit B

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4 Exhibit(s) Exhibit C

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5 Proposed Amendment Exhibit D

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April 18, 2014

April 18, 2014

PACER
33

Unopposed MOTION for Leave to File Reply Brief in Support of Motion to Dismiss filed by Jacqueline Berrien, EEOC, Eric H Holder with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Proposed Reply Brief) (Sandberg, Justin) (Entered: 05/02/2014)

1 Exhibit(s) Proposed Reply Brief

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May 2, 2014

May 2, 2014

PACER
34

MOTION to Intervene filed by Texas State Conference of the NAACP, Beverly Harrison (Attachments: # 1 Proposed Order) (Cloutman, Edward) (Entered: 05/22/2014)

1 Proposed Order

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May 22, 2014

May 22, 2014

PACER
35

Supplemental Document by State of Texas as to 32 Response/Objection, . (Attachments: # 1 Declaration(s) Exhibit A, # 2 Exhibit(s) Exhibit A-1, # 3 Exhibit(s) Exhibit A-2) (Mitchell, Jonathan) (Entered: 07/22/2014)

1 Declaration(s) Exhibit A

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2 Exhibit(s) Exhibit A-1

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3 Exhibit(s) Exhibit A-2

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July 22, 2014

July 22, 2014

PACER
36

ORDER: Granting 33 Unopposed MOTION for Leave to File Reply Brief in Support of Motion to Dismiss filed by Eric H Holder, EEOC, Jacqueline Berrien. Granting 29 MOTION to Dismiss for Lack of Jurisdiction filed by Eric H Holder, EEOC, Jacqueline Berrien. Terming 34 MOTION to Intervene filed by Beverly Harrison, Texas State Conference of the NAACP, (Ordered by Judge Sam R Cummings on 8/20/2014) (cb) (Entered: 08/20/2014)

Aug. 20, 2014

Aug. 20, 2014

PACER
37

JUDGMENT: This case is DISMISSED without prejudice for lack of subject-matter jurisdiction. (Ordered by Judge Sam R Cummings on 8/20/2014) (cb) (Entered: 08/20/2014)

Aug. 20, 2014

Aug. 20, 2014

PACER
38

NOTICE OF APPEAL to the Fifth Circuit as to 37 Judgment, 36 Order,, Terminate Motions, by State of Texas. Filing fee $505, receipt number 0539-6249334. 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. (Oldham, Andrew) (Entered: 08/25/2014)

Aug. 25, 2014

Aug. 25, 2014

PACER

USCA Case Number

Sept. 5, 2014

Sept. 5, 2014

PACER

USCA Case Number 14-10949 in USCA - Fifth Circuit for 38 Notice of Appeal, filed by State of Texas. (cb)

Sept. 5, 2014

Sept. 5, 2014

PACER

Appeal Record Certified/Transmitted

Sept. 10, 2014

Sept. 10, 2014

PACER

Record on Appeal for USCA5 14-10949 (related to 38 appeal): Record consisting of: 1 ECF electronic record (docs 1-38), certified to USCA. To request a copy of the record (on disk or on paper), contact the appeals deputy in advance to arrange delivery. (cb)

Sept. 10, 2014

Sept. 10, 2014

PACER

Appeal Record Certified/Transmitted

Sept. 17, 2014

Sept. 17, 2014

PACER

Record on Appeal for USCA5 14-10949 (related to 38 appeal): transmitted to La Tanya R. Harry, NAACP Legal Defense & Educational Fund, Inc. on disk only by mail. (cb)

Sept. 17, 2014

Sept. 17, 2014

PACER

Appeal Record Certified/Transmitted

Oct. 27, 2014

Oct. 27, 2014

PACER

Record on Appeal for USCA5 14-10949 (related to 38 appeal): 1 ECF electronic record (docs 1-38), transmitted to Sabrina Wycoff with the Office of the Solicitor General on disk only. Shipped: FedEx No. 771637523467 (cb)

Oct. 27, 2014

Oct. 27, 2014

PACER
39

NOTICE OF SUBSTITUTION OF COUNSEL Added attorney Scott A Keller,Scott A Keller for State of Texas. Motion filed by State of Texas (Keller, Scott) Modified text from Motion to Notice on 1/16/2015 (cb). (Entered: 01/15/2015)

Jan. 15, 2015

Jan. 15, 2015

PACER
40

Transcript Order Form: re 38 Notice of Appeal transcript not requested. No hearings. Received from USCA on 5/12/2015. (bdg) (Entered: 05/12/2015)

April 21, 2015

April 21, 2015

PACER
41

JUDGMENT/MANDATE of USCA as to 38 Notice of Appeal, filed by State of Texas. It is ordered and adjudged that the judgment of the District Court is vacated. Case remanded to the district court for further proceedings. Issued as Mandate: 9/23/2016. (cb) (Entered: 09/26/2016)

Sept. 23, 2016

Sept. 23, 2016

PACER
42

Opinion of USCA in accordance with USCA judgment re 38 Notice of Appeal, filed by State of Texas. The USCA WITHDRAWS their prior opinion, VACATES the District Court's Judgment Dismissing Complaint, and REMANDS this case to the District Court for further proceedings. (cb) (Entered: 09/26/2016)

Sept. 23, 2016

Sept. 23, 2016

PACER
43

ORDER: the Court will entertain motions and briefing on the issues that Hawkes may implicate in the instant case. Any such motions shall be filed on or before 9:00 a.m. on October 24, 2016, with any response due 21 days following the filing of a motion. (Ordered by Senior Judge Sam R Cummings on 9/27/2016) (cb) (Entered: 09/27/2016)

Sept. 27, 2016

Sept. 27, 2016

PACER
44

NOTICE of Attorney Appearance by Michael Christopher Toth on behalf of State of Texas. (Filer confirms contact info in ECF is current.) (Toth, Michael) (Entered: 10/03/2016)

Oct. 3, 2016

Oct. 3, 2016

PACER
45

NOTICE of Attorney Appearance by Andrew D Leonie on behalf of State of Texas. (Filer confirms contact info in ECF is current.) (Leonie, Andrew) (Entered: 10/03/2016)

Oct. 3, 2016

Oct. 3, 2016

PACER
46

NOTICE of Attorney Appearance by Austin R Nimocks on behalf of State of Texas. (Filer confirms contact info in ECF is current.) (Nimocks, Austin) (Entered: 10/03/2016)

Oct. 3, 2016

Oct. 3, 2016

PACER
47

Brief/Memorandum in Support filed by Jacqueline Berrien, EEOC, Eric H Holder, Jr re 43 Order, 30 Brief/Memorandum in Support of Motion to Dismiss (Sandberg, Justin) (Entered: 10/24/2016)

Oct. 24, 2016

Oct. 24, 2016

PACER
48

Appendix in Support filed by Jacqueline Berrien, EEOC, Eric H Holder, Jr re 47 Brief/Memorandum in Support of Motion to Dismiss (Sandberg, Justin) (Entered: 10/24/2016)

Oct. 24, 2016

Oct. 24, 2016

PACER
49

RESPONSE filed by State of Texas re: 47 Brief/Memorandum in Support of Motion (Nimocks, Austin) (Entered: 11/10/2016)

Nov. 10, 2016

Nov. 10, 2016

PACER
50

Unopposed MOTION for Leave to File Supplemental Reply Brief filed by Jacqueline Berrien, EEOC, Eric H Holder, Jr (Attachments: # 1 Exhibit(s) Proposed Supplemental Reply Brief)Attorney Brian G Kennedy added to party Jacqueline Berrien(pty:dft), Attorney Brian G Kennedy added to party EEOC(pty:dft), Attorney Brian G Kennedy added to party Eric H Holder, Jr(pty:dft) (Kennedy, Brian) (Entered: 11/23/2016)

1 Exhibit(s) Proposed Supplemental Reply Brief

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Nov. 23, 2016

Nov. 23, 2016

PACER
51

MOTION to Withdraw as Attorney filed by Jacqueline Berrien, EEOC, Eric H Holder, Jr (Kennedy, Brian) (Entered: 05/31/2017)

May 31, 2017

May 31, 2017

PACER
52

ORDER granting 50 Motion for Leave to File Reply Brief and the Reply is DEEMED filed. The Court DENIES Defendants' Motion to Dismiss. The parties shall file cross motions for summary judgment on the merits on or before 7/31/2017. The Court sets the summary judgment motions for hearing on 10/17/2017 at 9:00 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 6/2/2017) (bdg) (Entered: 06/02/2017)

June 2, 2017

June 2, 2017

PACER
53

NOTICE of Attorney Appearance by James Ryan Powers on behalf of Jacqueline Berrien, EEOC, Eric H Holder, Jr. (Filer confirms contact info in ECF is current.) (Powers, James) (Entered: 06/22/2017)

June 22, 2017

June 22, 2017

PACER
54

Unopposed Motion for Extension of Time to File Answer Nunc Pro Tunc filed by Jacqueline Berrien, EEOC, Eric H Holder, Jr with Brief/Memorandum in Support. (Sandberg, Justin) (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

PACER
55

ORDER granting 54 Motion for Extension of Time to File Answer as to All Defendants. Defendants shall file their Answer on or before June 28, 2017. (Ordered by Senior Judge Sam R Cummings on 6/23/2017) (bmg) (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

PACER
56

ANSWER to 24 Amended Complaint filed by Jacqueline Berrien, EEOC, Eric H Holder, Jr. 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. (Sandberg, Justin) (Entered: 06/26/2017)

June 26, 2017

June 26, 2017

PACER
57

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Jacqueline Berrien, EEOC, Eric H Holder, Jr. (Sandberg, Justin) (Entered: 06/26/2017)

June 26, 2017

June 26, 2017

PACER
58

Unopposed MOTION to Extend Time to file cross motions for summary judgment filed by Jacqueline Berrien, EEOC, Eric H Holder, Jr, Victoria Lipnic, Jefferson B Sessions, III with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Powers, James) (Entered: 06/30/2017)

1 Proposed Order

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June 30, 2017

June 30, 2017

PACER
59

ORDER granting 58 Motion to Extend Time. Cross Motions for Summary Judgment are due on or before 9/14/2017. (Ordered by Senior Judge Sam R Cummings on 7/5/2017) (egp) (Entered: 07/05/2017)

July 5, 2017

July 5, 2017

PACER
60

Unopposed MOTION for Leave to File Second Amended Complaint filed by State of Texas with Brief/Memorandum in Support. (Attachments: # 1 Proposed Amendment Proposed Second Amended Complaint, # 2 Proposed Order) (Nimocks, Austin) (Entered: 07/26/2017)

1 Proposed Amendment Proposed Second Amended Complaint

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2 Proposed Order

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July 26, 2017

July 26, 2017

PACER
61

ORDER granting 60 Motion for Leave to File. The Court finds that the Motion should be GRANTED and the Proposed Second Amended Complaint attached to the Motion for Leave is deemed flled as of the date of this Order.(Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Senior Judge Sam R Cummings on 7/28/2017) (zzm) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

PACER
62

SECOND AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants filed by 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. (zzm) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

PACER
63

*** Motion Terminated. REFILED AS DOCUMENT 72 *** MOTION to Intervene filed by Beverly Harrison, Texas State Conference of the NAACP (Attachments: # 1 Proposed Order). Party BEVERLY HARRISON and TEXAS STATE CONFERENCE OF THE NAACP added. (Cloutman, Edward) Modified to terminate motion per telephone request of Matthew Bailey with NAACP on 8/2/2017. (zzm). Modified to add document number on 8/3/2017 (zzm). (Entered: 07/31/2017)

1 Proposed Order

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July 31, 2017

July 31, 2017

PACER
64

Brief/Memorandum in Support filed by Beverly Harrison, Texas State Conference of the NAACP re 63 MOTION to Intervene (Cloutman, Edward) (Entered: 07/31/2017)

July 31, 2017

July 31, 2017

PACER
65

Appendix in Support filed by Beverly Harrison, Texas State Conference of the NAACP re 64 Brief/Memorandum in Support of Motion, 63 MOTION to Intervene (Cloutman, Edward) (Entered: 07/31/2017)

July 31, 2017

July 31, 2017

PACER
66

NOTICE of Attorney Appearance by Edward B Cloutman, III on behalf of Beverly Harrison, Texas State Conference of the NAACP. (Filer confirms contact info in ECF is current.). Party BEVERLY HARRISON and TEXAS STATE CONFERENCE OF THE NAACP added. (Cloutman, Edward) (Entered: 07/31/2017)

July 31, 2017

July 31, 2017

PACER
67

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-8570341) filed by Beverly Harrison, Texas State Conference of the NAACP (Attachments: # 1 Exhibit(s) Certificate of Good Standing, # 2 Proposed Order) (Aden, Leah) (Entered: 07/31/2017)

1 Exhibit(s) Certificate of Good Standing

View on PACER

2 Proposed Order

View on PACER

July 31, 2017

July 31, 2017

PACER
68

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-8570371) filed by Beverly Harrison, Texas State Conference of the NAACP (Attachments: # 1 Exhibit(s) Certificate of Good Standing, # 2 Proposed Order) (Spital, Samuel) (Entered: 07/31/2017)

1 Exhibit(s) Certificate of Good Standing

View on PACER

2 Proposed Order

View on PACER

July 31, 2017

July 31, 2017

PACER
69

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-8570396) filed by Beverly Harrison, Texas State Conference of the NAACP (Attachments: # 1 Exhibit(s) Certificate of Good Standing, # 2 Proposed Order) (Montag, Coty) (Entered: 07/31/2017)

1 Exhibit(s) Certificate of Good Standing

View on PACER

2 Proposed Order

View on PACER

July 31, 2017

July 31, 2017

PACER
70

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-8570409) filed by Beverly Harrison, Texas State Conference of the NAACP (Attachments: # 1 Exhibit(s) Certificate of Good Standing, # 2 Proposed Order) (Merle, Natasha) (Entered: 07/31/2017)

1 Exhibit(s) Certificate of Good Standing

View on PACER

2 Proposed Order

View on PACER

July 31, 2017

July 31, 2017

PACER
71

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-8570428) filed by Beverly Harrison, Texas State Conference of the NAACP (Attachments: # 1 Proposed Amendment Certificate of Good Standing, # 2 Proposed Order) (Wilberforce, Nana) (Entered: 07/31/2017)

1 Proposed Amendment Certificate of Good Standing

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2 Proposed Order

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July 31, 2017

July 31, 2017

PACER
72

MOTION to Intervene CORRECTED filed by Beverly Harrison, Texas State Conference of the NAACP (Attachments: # 1 Proposed Order) (Cloutman, Edward) (Entered: 08/02/2017)

1 Proposed Order

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Aug. 2, 2017

Aug. 2, 2017

PACER
73

Brief/Memorandum in Support filed by Beverly Harrison, Texas State Conference of the NAACP re 72 MOTION to Intervene CORRECTED (Cloutman, Edward) (Entered: 08/02/2017)

Aug. 2, 2017

Aug. 2, 2017

PACER
74

Appendix in Support filed by Beverly Harrison, Texas State Conference of the NAACP re 72 MOTION to Intervene CORRECTED, 73 Brief/Memorandum in Support of Motion (Cloutman, Edward) (Entered: 08/02/2017)

Aug. 2, 2017

Aug. 2, 2017

PACER
75

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-8578740) filed by Beverly Harrison, Texas State Conference of the NAACP (Attachments: # 1 Exhibit(s) Certificate of Standing, # 2 Proposed Order)Attorney Elizabeth Lauren Avery added to party Beverly Harrison(pty:intvd), Attorney Elizabeth Lauren Avery added to party Texas State Conference of the NAACP(pty:intvd) (Avery, Elizabeth) (Entered: 08/03/2017)

1 Exhibit(s) Certificate of Standing

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2 Proposed Order

View on PACER

Aug. 3, 2017

Aug. 3, 2017

PACER
76

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-8581814) filed by Beverly Harrison, Texas State Conference of the NAACP (Attachments: # 1 Additional Page(s) Certificate of Good Standing, # 2 Proposed Order Proposed Order)Attorney Dana Lossia added to party Beverly Harrison(pty:intvd), Attorney Dana Lossia added to party Texas State Conference of the NAACP(pty:intvd) (Lossia, Dana) (Entered: 08/07/2017)

1 Additional Page(s) Certificate of Good Standing

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2 Proposed Order Proposed Order

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Aug. 7, 2017

Aug. 7, 2017

PACER
77

ANSWER to 62 Amended Complaint,, filed by EEOC, Victoria Lipnic, Jefferson B Sessions, III. 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. Attorney Justin Michael Sandberg added to party Victoria Lipnic(pty:dft), Attorney Justin Michael Sandberg added to party Jefferson B Sessions, III(pty:dft) (Sandberg, Justin) (Entered: 08/07/2017)

Aug. 7, 2017

Aug. 7, 2017

PACER
78

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-8583371) filed by Beverly Harrison, Texas State Conference of the NAACP (Attachments: # 1 Additional Page(s) Certificate of Good Standing, # 2 Proposed Order)Attorney Robert H Stroup added to party Beverly Harrison(pty:intvd), Attorney Robert H Stroup added to party Texas State Conference of the NAACP(pty:intvd) (Stroup, Robert) (Entered: 08/07/2017)

1 Additional Page(s) Certificate of Good Standing

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2 Proposed Order

View on PACER

Aug. 7, 2017

Aug. 7, 2017

PACER
79

ORDER granting 67 Application for Admission Pro Hac Vice of Leah C. Aden. 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 8/8/2017) (zzm) (Entered: 08/08/2017)

Aug. 8, 2017

Aug. 8, 2017

PACER
80

ORDER granting 75 Application for Admission Pro Hac Vice of Elizabeth L. Avery. 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 8/8/2017) (zzm) (Entered: 08/08/2017)

Aug. 8, 2017

Aug. 8, 2017

PACER
81

ORDER granting 70 Application for Admission Pro Hac Vice of Natasha C. Merle. 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 8/8/2017) (zzm) (Entered: 08/08/2017)

Aug. 8, 2017

Aug. 8, 2017

PACER
82

ORDER granting 69 Application for Admission Pro Hac Vice of Coty R. Montag. 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 8/8/2017) (zzm) (Entered: 08/08/2017)

Aug. 8, 2017

Aug. 8, 2017

PACER
83

ORDER granting 68 Application for Admission Pro Hac Vice of Samuel Spital. 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 8/8/2017) (zzm) (Entered: 08/08/2017)

Aug. 8, 2017

Aug. 8, 2017

PACER
84

ORDER granting 71 Application for Admission Pro Hac Vice of Nana Wilberforce. 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 8/8/2017) (zzm) (Entered: 08/08/2017)

Aug. 8, 2017

Aug. 8, 2017

PACER
85

NOTICE of Attorney Appearance by David Jonathan Hacker on behalf of State of Texas. (Filer confirms contact info in ECF is current.) (Hacker, David) (Entered: 08/08/2017)

Aug. 8, 2017

Aug. 8, 2017

PACER
86

ORDER FOR ADMISSION PRO HAC VICE granting 76 Application for Admission Pro Hac Vice of Dana Elizabeth Lossia. 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 8/9/2017) (zzm) (Entered: 08/09/2017)

Aug. 9, 2017

Aug. 9, 2017

PACER
87

ORDER granting 78 Application for Admission Pro Hac Vice of Robert H. Stroup. 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 8/9/2017) (zzm) (Entered: 08/09/2017)

Aug. 9, 2017

Aug. 9, 2017

PACER
88

RESPONSE filed by Jacqueline Berrien, EEOC, Eric H Holder, Jr, Victoria Lipnic, Jefferson B Sessions, III re: 72 MOTION to Intervene CORRECTED (Sandberg, Justin) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
89

RESPONSE filed by State of Texas re: 72 MOTION to Intervene CORRECTED (Nimocks, Austin) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
90

ORDER denying 72 Motion to Intervene. The Court finds that the Motion to Intervene filed by Beverly Harrison and the Texas State Conference of the NAACP (collectively Movants) should be DENIED for the reasons aptly argued by the Parties in their Responses. However, the Movants may seek to participate as amici curiae if they so choose. (Ordered by Senior Judge Sam R Cummings on 8/23/2017) (zzm) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER
91

MOTION for Summary Judgment filed by Jacqueline Berrien, EEOC, Eric H Holder, Jr, Victoria Lipnic, Jefferson B Sessions, III (Sandberg, Justin) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
92

Brief/Memorandum in Support filed by Jacqueline Berrien, EEOC, Eric H Holder, Jr, Victoria Lipnic, Jefferson B Sessions, III re 91 MOTION for Summary Judgment (Sandberg, Justin) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 4, 2013

Closing Date: Sept. 30, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The State of Texas

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Equal Employment Opportunity Commission (EEOC), Federal

U.S. Attorney General, Federal

Beverly Harrison, Private Entity/Person

Texas State Conference of the NAACP, Non-profit or advocacy

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

General:

Disparate Impact

Discrimination-area:

Hiring