Case: Texas v. United States

7:15-cv-00056 | U.S. District Court for the Northern District of Texas

Filed Date: March 18, 2015

Clearinghouse coding complete

Case Summary

On March 18, 2015, Texas Attorney General Ken Paxton, along with the Attorneys General from the states of Arkansas, Louisiana, and Nebraska, filed this federal lawsuit in the U.S. District Court for the Northern District of Texas. The case, brought against the U.S. Department of Labor (DOL), asked the court to strike down the DOL final rule defining "spouse" for purposes of the Family and Medical Leave Act, 29 U.S.C. § 2611. The FMLA defines "spouse" as "a husband or wife, as the case may be." …

The FMLA defines "spouse" as "a husband or wife, as the case may be." 29 U.S.C. § 2611(13). In 1993, the Department's Interim Final Rule defined "spouse" as "a husband or wife as defined or recognized under state law for purposes of marriage in states where it is recognized." 58 Fed. Reg. 31817, 31835 (June 4, 1993). The 1995 Final Rule clarified that the law of the State where the employee resides would control for the purpose of determining eligibility for FMLA spousal leave. 80 Fed. Reg. 9990 (Feb. 25, 2015). Under the new rule, 29 C.F.R. Part 825, the FMLA moved from a "state of residence" to a "place of celebration" rule for the definition of spouse. That means that it would cover same-sex spouses if their marriage took place in a state that recognizes same-sex marriage, even if they lived in (or moved to) a state that does not recognize same-sex marriage. The rule was scheduled to become effective on March 27, 2015.

On March 26, 2015, the day before the rule's effective date, the District Court (Judge Reed O'Connor) entered a preliminary injunction barring its enforcement. It's unclear whether that order applies to application of the rule outside of Texas, or outside of the states that are parties. The court granted defendants’ request for a hearing, and scheduled it for April 10, 2015. 95 F. Supp. 3d 965, 2015 WL 1378752, 2015 U.S. Dist. LEXIS 38264.

On April 24, 2015, the states of Louisiana, Georgia, Texas, Nebraska and Arkansas filed a second amended complaint. The plaintiff states alleged that: (1) the Windsor decision affirmed states’ authority to define and regulate marriage, a principle embodied in the full faith and credit statute; (2) the DOL’s Final Rule ignores that that the federal full faith and credit statute expressly reserves the right to the States to refuse to recognize as marriages same-sex unions performed under the laws of other States; (3) by requiring plaintiff states to recognise out-of-state same-sex marriage for the purposes of the FMLA, the DOL is interfering with plaintiff states’ enforcement of their duly enacted law by forcing plaintiff states to violate either state law or a federal regulation; (4) the Final Rule conflicts with the federal full faith and credit statute and the Windsor decision; (5) Congress did not pre-empt state law defining marriage in the FMLA; and (6) the new rule harms the states as well as employers within the states. The plaintiff states sought a declaratory judgment that the Final Rule is unlawful under the Administrative Procedure Act and that it unlawfully attempts to abrogate state sovereign immunity, and requested temporary relief in enjoining the Final Rule from taking effect on March 27, 2015.

On April 27, 2015, the district court stayed the proceedings pending the Supreme Court decision in Obergefell v. Hodges. The defendant filed a motion to dissolve preliminary injunction on the same day. On June 26, 2015, in light of the Obergefell decision, the district court lifted the stay of this case, and granted the defendant’s motion to dissolve the preliminary injunction that was issued on March 26, 2015 as it found that the plaintiffs have not demonstrated a likelihood of success on the merits, as required by the four-factor preliminary injunction test. 2015 WL 13424776, 2015 U.S. Dist. LEXIS 190764.

On July 17, 2015, plaintiff filed a notice of voluntary dismissal of this action, and the case was subsequently closed.

However, on August 4, 2015, the defendants filed a motion for the court to vacate its March 26, 2015 order granting the preliminary injunction. On February 2, 2016, the district court denied the defendants’ motion to vacate as (1) the defendants are not suffering from the “vagaries of circumstance” because the preliminary injunction has lost its effectiveness, and that (2) the court is not obligated to vacate on the grounds that matters of “broad issues of law” discussed within the order may “recur in future litigation”. 2016 WL 3636072, 2016 U.S. Dist. LEXIS 92575.

	Document
7:15-cv-00056	Docket [PACER] State of Texas v. United States of America	Feb. 2, 2016	Feb. 2, 2016 Docket
1 7:15-cv-00056	Complaint for Declaratory and Injunctive Relief and Application for Temporary Restraining Order and Preliminary Injunction/Stay of Administrative Proceedings State of Texas v. United States of America	March 18, 2015	March 18, 2015 Complaint
18 7:15-cv-00056	Memorandum Opinion and Order [Preliminary Injunction] Texas v. U.S.	March 26, 2015	March 26, 2015 Order/Opinion 95 F.Supp.3d 965
35 7:15-cv-00056	Second Amended Complaint	April 24, 2015	April 24, 2015 Complaint
46 7:15-cv-00056	Notice of Voluntary Dismissal	July 17, 2015	July 17, 2015 Pleading / Motion / Brief
50 7:15-cv-00056	Order	Feb. 2, 2016	Feb. 2, 2016 Order/Opinion 2016 WL 3636072

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Eric H Holder, John Parker, Thomas E Perez, United States of America filed by State of Texas. (Filing fee $400; Receipt number 0539-6669571) 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 must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet, # 2 Declaration(s), # 3 Additional Page(s) Summons, # 4 Additional Page(s) Summons, # 5 Additional Page(s) Summons, # 6 Additional Page(s) Summons, # 7 Exhibit(s) A, # 8 Exhibit(s) B, # 9 Exhibit(s) C) (Deane, William) (Entered: 03/18/2015) 1 Cover Sheet View on PACER 2 Declaration(s) View on PACER 3 Additional Page(s) Summons View on PACER 4 Additional Page(s) Summons View on PACER 5 Additional Page(s) Summons View on PACER 6 Additional Page(s) Summons View on PACER 7 Exhibit(s) A View on PACER 8 Exhibit(s) B View on PACER 9 Exhibit(s) C View on PACER	March 18, 2015	March 18, 2015 RECAP
2	CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by State of Texas. (Deane, William) (Entered: 03/18/2015)	March 18, 2015	March 18, 2015 PACER
3	Summons issued as to All Defendants, U.S. Attorney, and U.S. Attorney General. (trt) (Entered: 03/18/2015)	March 18, 2015	March 18, 2015 PACER
4	ORDER: Accordingly, the Court ORDERS Plaintiff to brief whether Defendants have received notice or whether Federal Rule of Civil Procedure 65(b) applies. (Ordered by Judge Reed C O'Connor on 3/18/2015) (trt) (Entered: 03/18/2015)	March 18, 2015	March 18, 2015 PACER
5	Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-6670319) filed by State of Texas (Attachments: # 1 Proposed Order) (Murphy, Michael) (Entered: 03/18/2015) 1 Proposed Order View on PACER	March 18, 2015	March 18, 2015 PACER
6	ELECTRONIC ORDER granting 5 Application for Admission Pro Hac Vice of Michael P. Murphy. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C O'Connor on 3/18/2015) (chmb) (snp) (Entered: 03/18/2015)	March 18, 2015	March 18, 2015 PACER
7	RESPONSE filed by State of Texas re: 4 Order (Deane, William) (Entered: 03/19/2015)	March 19, 2015	March 19, 2015 PACER
8	ORDER: Plaintiff must provide a copy of its complaint and this order to the USAO no later than 3/20/2015. Responses due by 3/23/2015. Replies due by 3/25/2015. See order for details. (Ordered by Judge Reed C O'Connor on 3/19/2015) (Judge Reed C O'Connor) (Entered: 03/19/2015)	March 19, 2015	March 19, 2015 PACER
10	NOTICE of Advisory to the Court re: 8 Order, filed by State of Texas (Deane, William) (Entered: 03/20/2015)	March 20, 2015	March 20, 2015 PACER
9	NOTICE of Attorney Appearance by James C Luh-DOJ on behalf of Thomas E Perez, United States of America. (Filer confirms contact info in ECF is current.) (Attachments: # 1 Certificate of Service) (Luh-DOJ, James) (Entered: 03/20/2015) 1 Certificate of Service View on PACER	March 20, 2015	March 20, 2015 PACER
11	RESPONSE filed by Thomas E Perez, United States of America re: 8 Order, 1 Complaint,,,,, (Attachments: # 1 Certificate of Service) (Luh-DOJ, James) (Entered: 03/23/2015) 1 Certificate of Service View on PACER	March 23, 2015	March 23, 2015 RECAP
12	MOTION for Hearing on Application for a Temporary Restraining Order filed by State of Texas (Attachments: # 1 Proposed Order Proposed Order) (Deane, William) (Entered: 03/24/2015) 1 Proposed Order Proposed Order View on PACER	March 24, 2015	March 24, 2015 PACER
13	RESPONSE filed by Thomas E Perez, United States of America re: 12 MOTION for Hearing on Application for a Temporary Restraining Order (Attachments: # 1 Certificate of Service) (Luh-DOJ, James) (Entered: 03/24/2015) 1 Certificate of Service View on PACER	March 24, 2015	March 24, 2015 PACER
14	AMENDED COMPLAINT for Declaratory and Injunctive Relief and Application for Temporary Restraining Order and Preliminary Injunction/Stay of Administrative Proceedings against Eric H Holder, John Parker, Thomas E Perez, United States of America filed by State of Texas, State of Arkansas, State of Louisiana, State of Nebraska. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Declaration(s) Brantley Starr, # 2 Exhibit(s) A, # 3 Exhibit(s) B, # 4 Exhibit(s) C, # 5 Exhibit(s) D, # 6 Exhibit(s) E) (Deane, William) (Entered: 03/25/2015) 1 Declaration(s) Brantley Starr View on PACER 2 Exhibit(s) A View on PACER 3 Exhibit(s) B View on PACER 4 Exhibit(s) C View on PACER 5 Exhibit(s) D View on PACER 6 Exhibit(s) E View on PACER	March 25, 2015	March 25, 2015 PACER
15	REPLY filed by State of Arkansas, State of Louisiana, State of Nebraska, State of Texas re: 11 Response/Objection (Deane, William) (Entered: 03/25/2015)	March 25, 2015	March 25, 2015 RECAP
16	MOTION to Extend Time to File Reply in Support of Application for Temporary Restraining Order and Preliminary Injunction/Stay of Administrative Proceedings filed by State of Arkansas, State of Louisiana, State of Nebraska, State of Texas (Attachments: # 1 Proposed Order) (Deane, William) (Entered: 03/25/2015) 1 Proposed Order View on PACER	March 25, 2015	March 25, 2015 RECAP
17	RESPONSE filed by Thomas E Perez, United States of America re: 16 MOTION to Extend Time to File Reply in Support of Application for Temporary Restraining Order and Preliminary Injunction/Stay of Administrative Proceedings (Attachments: # 1 Certificate of Service) (Luh-DOJ, James) (Entered: 03/26/2015) 1 Certificate of Service View on PACER	March 26, 2015	March 26, 2015 PACER
18	Memorandum Opinion and Order. For the foregoing reasons, the Court finds that Plaintiffs application for a preliminary injunction (ECF No. 14) should be and is hereby GRANTED. See Fed. R. Civ. P. 65. Accordingly, it is hereby ORDERED that the Depar tment of Labor must STAY the application of the Final Rule, pending a full determination of this matter on the merits. It is FURTHER ORDERED that bond is set in the amount of one-hundred dollars. See Fed. R. Civ. P. 65(c). If requested by a party, the Court will set a hearing on this matter in Wichita Falls, Texas for April 13, 2015. (Ordered by Judge Reed C O'Connor on 3/26/2015) (trt)	March 26, 2015	March 26, 2015 RECAP

Case: Texas v. United States

7:15-cv-00056 | U.S. District Court for the Northern District of Texas

Case Summary

People

Documents in the Clearinghouse

Docket

Case Details