Case: National Women's Law Center v. OMB

1:17-cv-02458 | U.S. District Court for the District of District of Columbia

Filed Date: Nov. 15, 2017

Closed Date: Feb. 22, 2022

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Case Summary

On November 15, 2017, the National Women’s Law Center and the Labor Counsel for Latin American Advancement filed this lawsuit in the U.S. District Court for the District of Columbia. The case was assigned to Judge Tanya S. Chutkan. The plaintiffs sued the federal Office of Management and Budget (OMB), the Administrator for the Office of Information and Regulatory Affairs (OIRA) (a division of the Office of Management and Budget), and the Equal Employment Opportunity Commission (EEOC), under the…

Because a pay gap persisted—between both men and women and between white, non-Hispanic men, and people of color—the EEOC and other federal agencies sought to improve enforcement of federal laws prohibiting pay discrimination. After a multi-year study, the EEOC concluded that it would revise a longstanding employer survey, the Employer Information Report EEO-1, to require that employers include W-2 earnings data for employees by sex, race, ethnicity, and job category.

Beginning in February 2016, the revisions to EEO-1 went through a seven-month process of notice and comment, public hearings, and changes to reduce employer burdens in response to feedback. The final revisions to the EEO-1 were sent to OMB in September 2016, and OMB approved the changes.

However, in August 2017, after President Trump took office, the new Administrator of OIRA issued a short memorandum that immediately stayed the revisions to the EEO-1. The memorandum provided virtually no explanation, citing the Paperwork Reduction Act to justify its actions. The decision to issue this memorandum was made in secret and without notice and comment. Following the decision, the EEOC published a Federal Register notice stating that EEO-1 filers should not submit pay data in their filings.

The plaintiffs claimed that the agencies lacked the authority to stay a collection of data required by the agency rule governing the EEO-1 and, thus, that the stay was unlawful. Specifically, the plaintiffs made the following claims that the agencies had violated the Administrative Procedures Act:

Because OMB did not have authority to stay an ongoing collection of information that had already been approved and that was required by regulation, the agencies acted in a manner that was in excess of their legal authority and had thus violated the Administrative Procedures Act.
Alternatively, because the agencies had reviewed a previously approved collection of information without meeting the requirements under the Code of Federal Regulations, the agencies acted in a manner contrary to law in violation of the Administrative Procedures Act.
The Paperwork Reduction Act, which was cited by the memorandum staying the EEO-1 revisions, specifically states that it does not increase OMB’s authority over substantive agency policies. The agencies wrongfully used the Paperwork Reduction Act to justify their actions, and therefore violated the Paperwork Reduction Act and, in turn, the Administrative Procedures Act.
Because the agencies did not provide a reasoned basis for their decision to review and stay the effectiveness of EEO-1, they acted in a manner that was arbitrary and capricious in violation of the Administrative Procedures Act.
With regard to the EEOC, it acceded to OMB’s unlawful actions and thus violated the Administrative Procedures Act.

In February 2018, the agencies moved to dismiss the case, arguing that the plaintiffs did not have standing and claiming that it was actively reconsidering the pay protection through a “multi-step reconsideration process.” In October 2018, the plaintiffs moved for summary judgment, arguing that the OMB did not have good cause to halt the pay data collection. In December 2018, the agencies moved for summary judgment. The court ruled on all motions on March 4, 2019. The court granted the plaintiffs’ motion for summary judgement and denied the agencies’ motions. The court found that the agencies’ stay of pay data collection and reversal of its prior policy without any reasoned explanation violated the Paperwork Reduction Act and the Administrative Procedure Act’s prohibition of “arbitrary and capricious” policymaking. The court vacated OMB’s stay and the EEOC’s announcement of the stay and reinstated the revised EEO-1. 358 F.Supp.3d 66.

On March 18, 2019, the plaintiffs filed a request for a status conference to discuss the defendants’ compliance with the court’s order; the conference was held on March 19, 2019. The plaintiffs asserted that the government had opened the 2019 EEO-1 data collection without requiring pay data and were unwilling to provide information about their plans to comply. Over the next few weeks, the parties continued to litigate over the enforcement of the court’s order, with multiple third parties submitting amici briefs.

A hearing was held on April 16, 2019. On April 25, 2019, the court issued an order granting declaratory and injunctive relief, requiring, among other things, that the EEOC “collect EEO-1 Component 2 pay data for calendar years 2017 and 2018” by September 30, 2019. On May 3, 2019, the agencies appealed this order, as well as the previous orders on their summary judgment motion and motion to dismiss.

While the appeal was pending, the agencies filed a series of status reports outlining the steps that they were taking to comply with the district court’s order. In October 2019, the government filed a motion asking the court to find that it had completed the required data collection. The court held a few weeks later that the EEOC had not yet performed all necessary steps and denied the government’s request. The court granted the government's second petition for a finding of completion in February 2020.

On June 9, 2020, the U.S. Court of Appeals for the D.C. Circuit (Judges Sri Srinivasan, Cornelia Pillard, and Judith Rogers) issued a short, unpublished per curiam order. 2020 WL 13561758. The court granted the agencies’ motion in part and dismissed the appeal as moot, in light of the parties’ stipulation that the government had substantially complied with the district court’s post-judgment orders. The court further remanded the case to the district court with instructions to consider the agencies’ request to vacate its previous decisions as a motion for relief.

On February 22, 2022, the district court denied the agencies’ motion for relief on remand. The court reasoned that the agencies had complied with the court’s previous orders voluntarily and were therefore barred from erasing those orders under Rule 60(b)(6). The court subsequently closed this case.

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Summary Authors

Sara Stearns (4/2/2019)

Bogyung Lim (7/30/2020)

Brillian Bao (12/24/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6224696/parties/national-womens-law-center-v-office-of-management-and-budget/

Judge(s)

Attorney for Plaintiff

Chandy, Sunu P. (District of Columbia)

Attorney for Defendant

Andrapalliyal, Vinita B. (District of Columbia)

Baer, Michael Hendry (District of Columbia)

Berns, Matthew Joseph (District of Columbia)

Burnham, James Mahoney (District of Columbia)

Expert/Monitor/Master/Other

Judge(s)

Chutkan, Tanya Sue (District of Columbia)

Attorney for Plaintiff

Chandy, Sunu P. (District of Columbia)

Curran, Patrick John (District of Columbia)

Dubner, Jeffrey B. (District of Columbia)

Graves, Fatima Goss (District of Columbia)

Guzman, Javier M (District of Columbia)

Martin, Emily J. (District of Columbia)

Raghu, Maya (District of Columbia)

Shoemaker, Adam M. (District of Columbia)

Thurston, Robin Frances (District of Columbia)

Attorney for Defendant

Andrapalliyal, Vinita B. (District of Columbia)

Baer, Michael Hendry (District of Columbia)

Berns, Matthew Joseph (District of Columbia)

Burnham, James Mahoney (District of Columbia)

Cirino, Paul (District of Columbia)

Coles-Huff, Doris Denise (District of Columbia)

Davis, Kathryn Celia (District of Columbia)

Dugan, Joseph C. (District of Columbia)

Glover, Matthew J. (District of Columbia)

Hair, Christopher Charles (District of Columbia)

Josephson, Matthew (District of Columbia)

Kelleher, Diane (District of Columbia)

Kolsky, Joshua M. (District of Columbia)

Kopplin, Rebecca Michelle (District of Columbia)

Moore, Tamra (District of Columbia)

Myers, Steven A. (District of Columbia)

Nebeker, William Mark (District of Columbia)

Nichols, Carl J. (District of Columbia)

Robinson, Stuart Justin (California)

Seabrook, April Denise (District of Columbia)

Shapiro, Elizabeth J. (District of Columbia)

Shoaibi, Alexander Daniel (District of Columbia)

Simon, Jeremy S. (District of Columbia)

Skurnik, Matthew Charles (District of Columbia)

Sroka, Scott Leeson (District of Columbia)

Taaffe, Damon William (District of Columbia)

Tiersky, Marcia N. (District of Columbia)

Westmoreland, Rachael (District of Columbia)

Westmoreland [inactive], Rachel Lynn (District of Columbia)

Wyer, Kathryn L. (District of Columbia)

Expert/Monitor/Master/Other

Doucet, Madalyn K (District of Columbia)

Fox, John C. (California)

Isler, Edward Lee (Virginia)

Lapp, Richard B. (Illinois)

Lorber, Lawrence Z (District of Columbia)

Olson, Camille (Illinois)

Ticatch, Micah Ephram (Virginia)

Tyman, Annette (Illinois)

Wang, Jay J. (California)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:17-cv-02458	Complaint for Injunctive and Declaratory Relief NWLC v. OMB	Nov. 15, 2017	Nov. 15, 2017 Complaint
45 1:17-cv-02458	Memorandum Opinion NWLC v. OMB	March 4, 2019	March 4, 2019 Order/Opinion 358 F.Supp.3d 358
47 1:17-cv-02458	Plaintiff's Request for a Status Conference NWLC v. OMB	March 18, 2019	March 18, 2019 Pleading / Motion / Brief
71 1:17-cv-02458	Order NWLC v. OMB	April 25, 2019	April 25, 2019 Order/Opinion
102 1:17-cv-02458	Order National Women's Law Center v. Office Of Management And Budget	Feb. 10, 2020	Feb. 10, 2020 Order/Opinion
19-5130	Order National Women's Law Center v. Office Of Management And Budget U.S. Court of Appeals for the District of Columbia Circuit	June 9, 2020	June 9, 2020 Order/Opinion 2020 WL 2020
111 1:17-cv-02458	Memorandum Opinion	Feb. 22, 2022	Feb. 22, 2022 Order/Opinion 2022 WL 2022

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Resources

Title	Description		External URL Date / External URL
We Sued the Trump Administration and Won Sunu P. Chandy	In its October 29, 2019 ruling, the federal court has required the Trump Administration to continue pay data collection until the collection rate meets the appropriate percentage as argued by NWLC. …	March 5, 2019	March 5, 2019 https://nwlc.org/...
National Women’s Law Center v. OMB	National Women’s Law Center v. OMB Case Updates	April 25, 2019	April 25, 2019 https://www.uschamber.com/...
Labor Council for Latin American Advancement, NWLC v. OMB	In August 2016, after six years of analysis, the Equal Employment Opportunity Commission concluded that collecting aggregate pay data based on sex, race, ethnicity, and job type from large employers …	Feb. 2, 2022	Feb. 2, 2022 https://democracyforward.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6224696/national-womens-law-center-v-office-of-management-and-budget/

Last updated March 16, 2024, 3:04 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against ALL DEFENDANTS ( Filing fee $ 400 receipt number 0090-5206576) filed by NATIONAL WOMEN'S LAW CENTER, LABOR COUNCIL FOR LATIN AMERICAN ADVANCEMENT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons)(Guzman, Javier) (Entered: 11/15/2017) 1 Civil Cover Sheet View on PACER 2 Summons View on PACER 3 Summons View on PACER 4 Summons View on PACER 5 Summons View on PACER 6 Summons View on PACER 7 Summons View on PACER 8 Summons View on PACER	Nov. 15, 2017	Nov. 15, 2017 Clearinghouse
	Case Assigned/Reassigned	Nov. 15, 2017	Nov. 15, 2017 PACER
	Case Assigned to Judge Tanya S. Chutkan. (md)	Nov. 15, 2017	Nov. 15, 2017 PACER
2	SUMMONS (7) Issued Electronically as to VICTORIA A. LIPNIC, JOHN MICHAEL MULVANEY, OFFICE OF MANAGEMENT AND BUDGET, NEOMI RAO, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 11/19/2017)	Nov. 19, 2017	Nov. 19, 2017 PACER
3	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Robin F. Thurston, :Firm- Democracy Forward Foundation, :Address- P.O. Box 34553, Washington, DC 20043. Phone No. - (202) 448-9090. Filing fee $ 100, receipt number 0090-5221881. Fee Status: Fee Paid. by LABOR COUNCIL FOR LATIN AMERICAN ADVANCEMENT, NATIONAL WOMEN'S LAW CENTER (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Guzman, Javier) (Entered: 11/27/2017)	Nov. 27, 2017	Nov. 27, 2017 PACER
4	CERTIFICATE OF SERVICE by LABOR COUNCIL FOR LATIN AMERICAN ADVANCEMENT, NATIONAL WOMEN'S LAW CENTER . (Attachments: # 1 Declaration)(Guzman, Javier) (Entered: 11/28/2017)	Nov. 28, 2017	Nov. 28, 2017 PACER
	Notice of QC	Nov. 29, 2017	Nov. 29, 2017 PACER
	NOTICE OF ERROR re 4 Certificate of Service; emailed to jguzman@democracyforward.org, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. Please refile document, 3. Incorrect event used; Refile using appropriate events on the Service of Process menu as to the U.S. Attorney, U.S. Attorney General, and Federal Defendants. (znmw, )	Nov. 29, 2017	Nov. 29, 2017 PACER
5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/27/2017. Answer due for ALL FEDERAL DEFENDANTS by 1/26/2018. (Attachments: # 1 Declaration)(Guzman, Javier) (Entered: 11/29/2017)	Nov. 29, 2017	Nov. 29, 2017 PACER
6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/27/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. VICTORIA A. LIPNIC served on 11/24/2017; JOHN MICHAEL MULVANEY served on 11/27/2017; OFFICE OF MANAGEMENT AND BUDGET served on 11/27/2017; NEOMI RAO served on 11/27/2017; U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION served on 11/24/2017. (See Docket Entry 5 to view document). (znmw) (Entered: 11/30/2017)	Nov. 29, 2017	Nov. 29, 2017 Clearinghouse
	Order on Motion for Leave to Appear Pro Hac Vice	Dec. 4, 2017	Dec. 4, 2017 PACER
	MINUTE ORDER: Granting 3 Motion for Leave to Appear Pro Hac Vice. Attorney Robin F. Thurston is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiffs. Signed by Judge Tanya S. Chutkan on 12/4/17. (DJS)	Dec. 4, 2017	Dec. 4, 2017 PACER
7	NOTICE of Appearance by Jeffery B. Dubner on behalf of LABOR COUNCIL FOR LATIN AMERICAN ADVANCEMENT, NATIONAL WOMEN'S LAW CENTER (Guzman, Javier) Modified attorney on 1/8/2018 (znmw). (Entered: 01/05/2018)	Jan. 5, 2018	Jan. 5, 2018 PACER
	Notice of QC	Jan. 8, 2018	Jan. 8, 2018 PACER
	NOTICE OF ERROR re 7 Notice of Appearance; emailed to jguzman@democracyforward.org, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. In the future, appearing attorney shall file own appearance using his assigned ECF login; Do not refile. (znmw, )	Jan. 8, 2018	Jan. 8, 2018 PACER
8	MOTION for Extension of Time to Respond to Complaint by VICTORIA A. LIPNIC, JOHN MICHAEL MULVANEY, OFFICE OF MANAGEMENT AND BUDGET, NEOMI RAO, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (Attachments: # 1 Text of Proposed Order)(Moore, Tamra) (Entered: 01/25/2018)	Jan. 25, 2018	Jan. 25, 2018 PACER
9	RESPONSE re 8 MOTION for Extension of Time to Respond to Complaint filed by LABOR COUNCIL FOR LATIN AMERICAN ADVANCEMENT, NATIONAL WOMEN'S LAW CENTER. (Thurston, Robin) (Entered: 01/29/2018)	Jan. 29, 2018	Jan. 29, 2018 PACER
10	REPLY to opposition to motion re 8 MOTION for Extension of Time to Respond to Complaint filed by VICTORIA A. LIPNIC, JOHN MICHAEL MULVANEY, OFFICE OF MANAGEMENT AND BUDGET, NEOMI RAO, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Moore, Tamra) (Entered: 01/30/2018)	Jan. 30, 2018	Jan. 30, 2018 PACER
	Order on Motion for Extension of Time to	Jan. 30, 2018	Jan. 30, 2018 PACER
	MINUTE ORDER: Granting in part and denying in part 8 Motion for Extension of Time to File Answer. Defendant shall answer or otherwise respond to the complaint by 2/13/18. Signed by Judge Tanya S. Chutkan on 1/30/18. (DJS)	Jan. 30, 2018	Jan. 30, 2018 PACER
	Set/Reset Deadlines	Jan. 31, 2018	Jan. 31, 2018 PACER
	Set/Reset Deadlines: Defendant shall answer or otherwise respond to the complaint by 2/13/18. (jth)	Jan. 31, 2018	Jan. 31, 2018 PACER
11	MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by VICTORIA A. LIPNIC, JOHN MICHAEL MULVANEY, OFFICE OF MANAGEMENT AND BUDGET, NEOMI RAO, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (Attachments: # 1 Memorandum in Support of Defendants' Motion to Dismiss Plaintiffs' Complaint, # 2 Exhibit A, # 3 Text of Proposed Order)(Moore, Tamra) (Entered: 02/13/2018)	Feb. 13, 2018	Feb. 13, 2018 PACER
12	NOTICE of Appearance by Maya Raghu on behalf of LABOR COUNCIL FOR LATIN AMERICAN ADVANCEMENT, NATIONAL WOMEN'S LAW CENTER (Raghu, Maya) (Entered: 02/21/2018)	Feb. 21, 2018	Feb. 21, 2018 PACER
13	NOTICE of Appearance by Emily J. Martin on behalf of LABOR COUNCIL FOR LATIN AMERICAN ADVANCEMENT, NATIONAL WOMEN'S LAW CENTER (Martin, Emily) (Entered: 02/21/2018)	Feb. 21, 2018	Feb. 21, 2018 PACER
14	NOTICE of Appearance by Rachael Lynn Westmoreland on behalf of All Defendants (Westmoreland, Rachael) (Entered: 02/22/2018)	Feb. 22, 2018	Feb. 22, 2018 PACER
15	NOTICE of Appearance by Sunu P. Chandy on behalf of LABOR COUNCIL FOR LATIN AMERICAN ADVANCEMENT, NATIONAL WOMEN'S LAW CENTER (Chandy, Sunu) (Entered: 02/22/2018)	Feb. 22, 2018	Feb. 22, 2018 PACER
16	Memorandum in opposition to re 11 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by LABOR COUNCIL FOR LATIN AMERICAN ADVANCEMENT, NATIONAL WOMEN'S LAW CENTER. (Attachments: # 1 Text of Proposed Order)(Thurston, Robin) (Entered: 02/27/2018)	Feb. 27, 2018	Feb. 27, 2018 PACER
17	Consent MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim by VICTORIA A. LIPNIC, JOHN MICHAEL MULVANEY, OFFICE OF MANAGEMENT AND BUDGET, NEOMI RAO, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (Attachments: # 1 Text of Proposed Order)(Moore, Tamra) (Entered: 03/02/2018)	March 2, 2018	March 2, 2018 PACER
	Order on Motion for Extension of Time to File Response/Reply	March 6, 2018	March 6, 2018 PACER
	MINUTE ORDER: Granting 17 Consent Motion for Extension of Time to File Response/Reply. Defendant's reply due March 9, 2018. Signed by Judge Tanya S. Chutkan on 3/6/18. (DJS)	March 6, 2018	March 6, 2018 PACER
	Set/Reset Deadlines	March 7, 2018	March 7, 2018 PACER
	Set/Reset Deadlines: Defendant reply due by 3/9/2018. (tb)	March 7, 2018	March 7, 2018 PACER
18	REPLY to opposition to motion re 11 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by VICTORIA A. LIPNIC, JOHN MICHAEL MULVANEY, OFFICE OF MANAGEMENT AND BUDGET, NEOMI RAO, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Moore, Tamra) (Entered: 03/09/2018)	March 9, 2018	March 9, 2018 PACER
19	MOTION to Compel Compliance with Local Civil Rule 7(n) by LABOR COUNCIL FOR LATIN AMERICAN ADVANCEMENT, NATIONAL WOMEN'S LAW CENTER (Attachments: # 1 Text of Proposed Order)(Thurston, Robin) (Entered: 04/19/2018)	April 19, 2018	April 19, 2018 PACER
20	Memorandum in opposition to re 19 MOTION to Compel Compliance with Local Civil Rule 7(n) filed by VICTORIA A. LIPNIC, JOHN MICHAEL MULVANEY, OFFICE OF MANAGEMENT AND BUDGET, NEOMI RAO, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Moore, Tamra) (Entered: 05/03/2018)	May 3, 2018	May 3, 2018 PACER
21	REPLY to opposition to motion re 19 MOTION to Compel Compliance with Local Civil Rule 7(n) filed by LABOR COUNCIL FOR LATIN AMERICAN ADVANCEMENT, NATIONAL WOMEN'S LAW CENTER. (Dubner, Jeffrey) (Entered: 05/10/2018)	May 10, 2018	May 10, 2018 PACER
	Order on Motion to Compel	Sept. 13, 2018	Sept. 13, 2018 PACER
	MINUTE ORDER: Denying without prejudice 19 Motion to Compel compliance with Local Rule 7(n). Given that there is a pending Motion to Dismiss, this case is not yet in a posture where compliance with Rule 7(n) is necessary. Signed by Judge Tanya S. Chutkan on 9/13/18. (DJS)	Sept. 13, 2018	Sept. 13, 2018 PACER
22	MOTION for Summary Judgment by LABOR COUNCIL FOR LATIN AMERICAN ADVANCEMENT, NATIONAL WOMEN'S LAW CENTER (Attachments: # 1 Memorandum in Support, # 2 Affidavit Link Decl., # 3 Affidavit Johnson Decl., # 4 Affidavit Sanchez Decl., # 5 Text of Proposed Order)(Thurston, Robin) (Entered: 10/31/2018)	Oct. 31, 2018	Oct. 31, 2018 PACER
23	MOTION to Stay re 22 MOTION for Summary Judgment by VICTORIA A. LIPNIC, JOHN MICHAEL MULVANEY, OFFICE OF MANAGEMENT AND BUDGET, NEOMI RAO, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Westmoreland, Rachael) (Entered: 11/14/2018)	Nov. 14, 2018	Nov. 14, 2018 PACER
	Order on Motion to Stay	Nov. 15, 2018	Nov. 15, 2018 PACER
	MINUTE ORDER: The Government's 23 Motion to Stay is GRANTED in part and DENIED in part. The Government shall compile the Administrative Record and respond to Plaintiffs' 22 Motion for Summary Judgment by December 6, 2018. Signed by Judge Tanya S. Chutkan on 11/15/2018. (lctsc3)	Nov. 15, 2018	Nov. 15, 2018 PACER
	Set/Reset Deadlines	Nov. 20, 2018	Nov. 20, 2018 PACER
	Set/Reset Deadlines: Response due by 12/6/2018. (tb)	Nov. 20, 2018	Nov. 20, 2018 PACER
24	Consent MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Summary Judgment by VICTORIA A. LIPNIC, JOHN MICHAEL MULVANEY, OFFICE OF MANAGEMENT AND BUDGET, NEOMI RAO, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (Attachments: # 1 Text of Proposed Order)(Moore, Tamra) (Entered: 12/04/2018)	Dec. 4, 2018	Dec. 4, 2018 PACER
	Order on Motion for Extension of Time to File Response/Reply	Dec. 4, 2018	Dec. 4, 2018 PACER
	MINUTE ORDER: Defendants' 24 Consent Motion for Extension of Time to Respond to Plaintiffs' Motion for Summary Judgment is GRANTED. Defendants shall file their Opposition to Plaintiffs' Motion for Summary Judgment and Cross-Motion for Summary Judgment by December 20, 2018. Plaintiffs shall file their Reply in Support of Plaintiffs' Motion for Summary Judgment and Opposition to Defendants' Cross-Motion for Summary Judgment by January 14, 2019. Defendants shall file their Reply in Support of Defendants' Cross-Motion for Summary Judgment by January 22, 2019. Signed by Judge Tanya S. Chutkan on 12/4/2018.(lctsc3)	Dec. 4, 2018	Dec. 4, 2018 PACER
25	ADMINISTRATIVE RECORD List of Certified Contents by VICTORIA A. LIPNIC, JOHN MICHAEL MULVANEY, OFFICE OF MANAGEMENT AND BUDGET, NEOMI RAO, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Exhibit A)(Westmoreland, Rachael) (Entered: 12/06/2018)	Dec. 6, 2018	Dec. 6, 2018 PACER
	Set/Reset Deadlines	Dec. 7, 2018	Dec. 7, 2018 PACER
	Set/Reset Deadlines: Cross Motion due by 12/20/2018. Response to Cross Motion due by 1/14/2019. Reply to Cross Motion due by 1/22/2019. Response to Motion for Summary Judgment due by 12/20/2018. Reply to Motion for Summary Judgment due by 1/14/2019. (tb)	Dec. 7, 2018	Dec. 7, 2018 PACER
26	Consent MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Summary Judgment by VICTORIA A. LIPNIC, JOHN MICHAEL MULVANEY, OFFICE OF MANAGEMENT AND BUDGET, NEOMI RAO, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (Attachments: # 1 Text of Proposed Order)(Westmoreland, Rachael) (Entered: 12/20/2018)	Dec. 20, 2018	Dec. 20, 2018 PACER
	Order on Motion for Extension of Time to File Response/Reply	Dec. 20, 2018	Dec. 20, 2018 PACER
	MINUTE ORDER: Granting Consent Motion 26 to Extend Deadlines. Defendants' Opposition to Plaintiffs' Summary Judgment Motion and Cross-Motion for Summary Judgment due December 21, 2018. Plaintiffs' Reply in Support of their Motion for Summary Judgment and in Opposition to Defendants' Cross-Motion for Summary Judgment due January 15, 2019. Defendants' Reply in Support of their Cross-Motion for Summary Judgment due January 22, 2019. Signed by Judge Tanya S. Chutkan on 12/20/18. (DJS)	Dec. 20, 2018	Dec. 20, 2018 PACER
	Set/Reset Deadlines	Dec. 21, 2018	Dec. 21, 2018 PACER
	Set/Reset Deadlines: Cross Motion due by 12/21/2018. Response to Cross Motion due by 1/15/2019. Reply to Cross Motion due by 1/22/2019. Response to Motion for Summary Judgment due by 12/21/2018. Reply to Motion for Summary Judgment due by 1/15/2019. (tb)	Dec. 21, 2018	Dec. 21, 2018 PACER
27	MOTION for Summary Judgment by VICTORIA A. LIPNIC, JOHN MICHAEL MULVANEY, OFFICE OF MANAGEMENT AND BUDGET, NEOMI RAO, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Moore, Tamra) Modified event title on 12/28/2018 (znmw). (Entered: 12/21/2018)	Dec. 21, 2018	Dec. 21, 2018 PACER
28	Memorandum in opposition to re 22 MOTION for Summary Judgment filed by VICTORIA A. LIPNIC, JOHN MICHAEL MULVANEY, OFFICE OF MANAGEMENT AND BUDGET, NEOMI RAO, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Moore, Tamra) (Entered: 12/22/2018)	Dec. 22, 2018	Dec. 22, 2018 PACER
29	MOTION to Stay Defendants' Reply Briefing Deadline in Light of Lapse in Appropriations by VICTORIA A. LIPNIC, JOHN MICHAEL MULVANEY, OFFICE OF MANAGEMENT AND BUDGET, NEOMI RAO, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (Westmoreland, Rachael) (Entered: 01/10/2019)	Jan. 10, 2019	Jan. 10, 2019 PACER
30	RESPONSE re 29 MOTION to Stay Defendants' Reply Briefing Deadline in Light of Lapse in Appropriations filed by LABOR COUNCIL FOR LATIN AMERICAN ADVANCEMENT, NATIONAL WOMEN'S LAW CENTER. (Attachments: # 1 Exhibit A (Order Denying Stay Motion), # 2 Exhibit B (Order Denying Stay Motion))(Thurston, Robin) (Entered: 01/15/2019)	Jan. 15, 2019	Jan. 15, 2019 PACER
31	REPLY to opposition to motion re 22 MOTION for Summary Judgment and Opposition to Cross-Motion for Summary Judgment filed by LABOR COUNCIL FOR LATIN AMERICAN ADVANCEMENT, NATIONAL WOMEN'S LAW CENTER. (Thurston, Robin) (Entered: 01/15/2019)	Jan. 15, 2019	Jan. 15, 2019 PACER
32	RESPONSE re 27 MOTION for Summary Judgment and Reply in Support of Motion for Summary Judgment (also filed at Dkt. 31) filed by LABOR COUNCIL FOR LATIN AMERICAN ADVANCEMENT, NATIONAL WOMEN'S LAW CENTER. (Thurston, Robin) (Entered: 01/15/2019)	Jan. 15, 2019	Jan. 15, 2019 PACER
33	MOTION to Compel Completion of the Administrative Record by LABOR COUNCIL FOR LATIN AMERICAN ADVANCEMENT, NATIONAL WOMEN'S LAW CENTER (Attachments: # 1 Affidavit Declaration of Lenora M. Lapidus, # 2 Text of Proposed Order)(Thurston, Robin) (Entered: 01/15/2019)	Jan. 15, 2019	Jan. 15, 2019 PACER
34	REPLY to opposition to motion re 29 MOTION to Stay Defendants' Reply Briefing Deadline in Light of Lapse in Appropriations filed by VICTORIA A. LIPNIC, JOHN MICHAEL MULVANEY, OFFICE OF MANAGEMENT AND BUDGET, NEOMI RAO, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Westmoreland, Rachael) (Entered: 01/16/2019)	Jan. 16, 2019	Jan. 16, 2019 PACER
	Order on Motion to Stay	Jan. 17, 2019	Jan. 17, 2019 PACER
	MINUTE ORDER: In as much as Defendants feel compelled to submit a Reply in Support of their Cross-Motion for Summary Judgment to address arguments not made in their Motion for Summary Judgment 27 / Opposition to Plaintiffs' Motion for Summary Judgment 28, it is ORDERED that the Motion to Stay Defendants' Reply Briefing in Light of Lapse in Appropriations 29 is DENIED. It is further ORDERED that Plaintiffs shall file supplemental briefing by January 18, 2019 addressing the following questions: 1) If the court grants Plaintiffs' Motion to Compel Completion of the Administrative Record 33, how would such a ruling impact the briefing already completed on the cross-motions for summary judgment?; and 2) If the court grants Plaintiffs' Motion to Compel Completion of the Administrative Record 33, would Defendants be permitted to comply with the Proposed Order [33-2] considering the lapse in appropriations and representations made by Defendants' counsel? Signed by Judge Tanya S. Chutkan on 01/17/2019. (lctsc3)	Jan. 17, 2019	Jan. 17, 2019 PACER
35	RESPONSE TO ORDER OF THE COURT Filing Plaintiffs' Supplemental Brief Responding to Questions Posed by the Court's Janaury 17, 2019 Minute Order by LABOR COUNCIL FOR LATIN AMERICAN ADVANCEMENT, NATIONAL WOMEN'S LAW CENTER (Attachments: # 1 Exhibit A)(Thurston, Robin) Modified event title on 1/25/2019 (znmw). (Entered: 01/18/2019)	Jan. 18, 2019	Jan. 18, 2019 PACER
36	REPLY re 27 MOTION for Summary Judgment filed by VICTORIA A. LIPNIC, JOHN MICHAEL MULVANEY, OFFICE OF MANAGEMENT AND BUDGET, NEOMI RAO, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Moore, Tamra) (Entered: 01/22/2019)	Jan. 22, 2019	Jan. 22, 2019 RECAP
37	RESPONSE re 33 MOTION to Compel Completion of the Administrative Record filed by VICTORIA A. LIPNIC, JOHN MICHAEL MULVANEY, NEOMI RAO, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Moore, Tamra) (Entered: 01/29/2019)	Jan. 29, 2019	Jan. 29, 2019 PACER
38	REPLY to opposition to motion re 33 MOTION to Compel Completion of the Administrative Record filed by LABOR COUNCIL FOR LATIN AMERICAN ADVANCEMENT, NATIONAL WOMEN'S LAW CENTER. (Thurston, Robin) (Entered: 02/05/2019)	Feb. 5, 2019	Feb. 5, 2019 PACER
39	JOINT APPENDIX by LABOR COUNCIL FOR LATIN AMERICAN ADVANCEMENT, NATIONAL WOMEN'S LAW CENTER. (Attachments: # 1 Appendix, # 2 Appendix)(Thurston, Robin) (Entered: 02/05/2019)	Feb. 5, 2019	Feb. 5, 2019 PACER
40	ORDER: Plaintiffs' Motion to Compel Completion of the Administrative Record 33 is GRANTED in part. By 8:00 p.m. on February 8, 2019 the parties shall file supplemental briefing stating their positions on the court's conducting an in camera review of the disputed e-mails referenced in the Mancini and Lipnic declarations. These pleadings shall be no longer than five pages. See Order for more details. Signed by Judge Tanya S. Chutkan on 2/7/19. (lctsc3) Modified on 2/8/2019 (tb). (Entered: 02/07/2019)	Feb. 7, 2019	Feb. 7, 2019 PACER
	Set/Reset Deadlines	Feb. 8, 2019	Feb. 8, 2019 PACER
	Set/Reset Deadlines: Supplemental Briefing due by 8:00 pm. on 2/8/2019. (tb)	Feb. 8, 2019	Feb. 8, 2019 PACER
41	RESPONSE TO ORDER OF THE COURT re 40 Order on Motion to Compel, filed by LABOR COUNCIL FOR LATIN AMERICAN ADVANCEMENT, NATIONAL WOMEN'S LAW CENTER. (Thurston, Robin) (Entered: 02/08/2019)	Feb. 8, 2019	Feb. 8, 2019 PACER
42	RESPONSE TO ORDER OF THE COURT re 40 Order on Motion to Compel, filed by VICTORIA A. LIPNIC, JOHN MICHAEL MULVANEY, OFFICE OF MANAGEMENT AND BUDGET, NEOMI RAO, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Moore, Tamra) (Entered: 02/08/2019)	Feb. 8, 2019	Feb. 8, 2019 RECAP
	Order	Feb. 11, 2019	Feb. 11, 2019 PACER
	MINUTE ORDER: By 3:00 p.m. on February 13, 2019, Defendants shall submit the following documents for an in camera inspection: (1) an April 14, 2017 e-mail between Deputy Administrator Mancini and Acting Chair Lipnic; (2) an April 19, 2017 e-mail between Deputy Administrator Mancini and Acting Chair Lipnic; (3) a July 14, 2017 e-mail between Deputy Administrator Mancini and EEOC Chief of Staff Paretti; and (4) an August 28, 2017 e-mail between Deputy Administrator Mancini and EEOC Chief of Staff Paretti. These documents shall be delivered to the Clerk of the Court in a sealed envelope and labeled "For In Camera Inspection." Signed by Judge Tanya S. Chutkan on 2/11/2019. (lctsc1)	Feb. 11, 2019	Feb. 11, 2019 PACER
43	ORDER: The April 14, 2017 e-mails and the July 14, 2017 e-mails shall be added to the administrative record. Defendants shall turn over these e-mails to Plaintiffs by 5:00 p.m. today, February 15, 2019. See Order for more details. Signed by Judge Tanya S. Chutkan on 2/15/2019. (lctsc3) (Entered: 02/15/2019)	Feb. 15, 2019	Feb. 15, 2019 RECAP
	Set/Reset Deadlines	Feb. 15, 2019	Feb. 15, 2019 PACER
	Set/Reset Deadlines: Defendants to turn over e-mails to plaintiffs by 5:00 p.m. on 2/15/2019. (tb)	Feb. 15, 2019	Feb. 15, 2019 PACER
	Order	Feb. 21, 2019	Feb. 21, 2019 PACER
	MINUTE ORDER: By February 25, 2019 the parties shall meet and confer and file an updated Joint Appendix. The e-mails now in the administrative record, ECF No. 43, shall be added as the last entries to the current Joint Appendix, ECF No. 39. Signed by Judge Tanya S. Chutkan on 2/21/2019. (lctsc3).	Feb. 21, 2019	Feb. 21, 2019 PACER
	Set/Reset Deadlines	Feb. 22, 2019	Feb. 22, 2019 PACER
	Set/Reset Deadlines: Attorney Meet and Confer Conference and file update Joint Appendix due by 2/25/2019. (tb)	Feb. 22, 2019	Feb. 22, 2019 PACER
44	JOINT APPENDIX by LABOR COUNCIL FOR LATIN AMERICAN ADVANCEMENT, NATIONAL WOMEN'S LAW CENTER. (Attachments: # 1 Appendix, # 2 Appendix)(Dubner, Jeffrey) Modified on 2/27/2019 (ztd). Modified on 3/14/2019 (znmw). (Entered: 02/25/2019)	Feb. 25, 2019	Feb. 25, 2019 PACER
	Notice of QC	Feb. 26, 2019	Feb. 26, 2019 PACER
	ENTERED IN ERROR.....NOTICE OF ERROR re 44 Joint Appendix; emailed to jdubner@democracyforward.org, cc'd 9 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. The document is electronically filed by Jeffrey Dubner and signed by Tamra Moore. The signatures should match. (ztd, ) Modified to enter in error on 3/14/2019; disregard error notice. (znmw).	Feb. 26, 2019	Feb. 26, 2019 PACER
45	MEMORANDUM OPINION: Regarding Defendants' Motion to Dismiss 11, Plaintiffs' Motion for Summary Judgment 22, and Defendants' Motion for Summary Judgment 27. Signed by Judge Tanya S. Chutkan on 3/4/2019. (lctsc3) (Entered: 03/04/2019)	March 4, 2019	March 4, 2019 Clearinghouse
46	ORDER denying Defendants' Motion to Dismiss 11, granting Plaintiffs' Motion for Summary Judgment 22, and denying Defendants' Motion for Summary Judgment 27 . Signed by Judge Tanya S. Chutkan on 3/4/2018. (lctsc3) (Entered: 03/04/2019)	March 4, 2019	March 4, 2019 Clearinghouse
47	MOTION for Hearing Request for Status Conference by LABOR COUNCIL FOR LATIN AMERICAN ADVANCEMENT, NATIONAL WOMEN'S LAW CENTER (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Thurston, Robin) Modified event title on 3/19/2019 (znmw). (Entered: 03/18/2019) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on RECAP	March 18, 2019	March 18, 2019 Clearinghouse
	.Order	March 18, 2019	March 18, 2019 PACER
	Order	March 18, 2019	March 18, 2019 PACER
	MINUTE ORDER: The court will hold a status conference on March 19, 2019 at 11:30 a.m. Signed by Judge Tanya S. Chutkan on 3/18/2019. (lctsc3)	March 18, 2019	March 18, 2019 PACER
	Set/Reset Hearings	March 18, 2019	March 18, 2019 PACER
	Set/Reset Hearings: Status Conference set for 3/19/2019, at 11:30 AM, in Courtroom 9, before Judge Tanya S. Chutkan. (kt)	March 18, 2019	March 18, 2019 PACER
	~Util - Set/Reset Deadlines	March 19, 2019	March 19, 2019 PACER
	Status Conference	March 19, 2019	March 19, 2019 PACER
	Minute Entry for proceedings held before Judge Tanya S. Chutkan: Status Conference held on 3/19/2019. Defendants' submissions due by 4/3/2019; Plaintiffs' Response due by 4/8/2019. (Court Reporter: Elizabeth Saint Loth.) (kt) Modified on 3/19/2019 to correct apostrophe typo (kt).	March 19, 2019	March 19, 2019 PACER
48	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- John C. Fox, :Firm- Fox, Wang & Morgan P.C., :Address- 315 University Avenue, Los Gatos, CA 95030,. Phone No. - 408-844-2350. Fax No. - 408-844-2351 Filing fee $ 100, receipt number 0090-6031985. Fee Status: Fee Paid. by DirectEmployers Association, Inc. (Attachments: # 1 Declaration Declaration of John C. Fox In Support Of Motion for Admission Pro Hac Vice, # 2 Text of Proposed Order Proposed Order Granting Motion for Admission of Attorney Pro Hac Vice)(Doucet, Madalyn) Modified to add address on 4/1/2019 (ztd). (Entered: 04/01/2019) 1 Declaration Declaration of John C. Fox In Support Of Motion for Admission Pro Ha View on PACER 2 Text of Proposed Order Proposed Order Granting Motion for Admission of Attorney View on PACER	April 1, 2019	April 1, 2019 PACER

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Case Details

State / Territory: District of Columbia

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 15, 2017

Closing Date: Feb. 22, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Non-profit organizations that advocate for the rights of women and minorities in the workplace, including: Labor Counsel for Latin American Advancement and National Women's Law Center

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Women's Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Office of Management and Budget, Federal

Equal Employment Opportunity Commission, Federal

Office of Information and Regulatory Affairs (OIRA), Federal