Case: National Women's Law Center v. OMB

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

Filed Date: Nov. 15, 2017

Case Ongoing

Clearinghouse coding complete

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…

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 Administrative Procedure Act. The plaintiffs sought a declaratory judgment and an order from the court vacating an order issued by OIRA that stayed planned revisions to employer demographic reporting obligations.

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. 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:

  1. 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.
  2. 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.
  3. The memorandum staying the effectiveness of EEO-1 cited to the Paperwork Reduction Act, a law that established a process by which federal agencies obtain approval from OMB to collect certain types of information from the public, as a justification, but this law specifically states that it does not increase OMB’s authority over substantive agency policies. Thus, because the agencies wrongfully used the Paperwork Reduction Act to justify their actions, they violated the Paperwork Reduction Act and, in turn, the Administrative Procedures Act.
  4. 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.
  5. 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. In October 2018, the plaintiffs moved for summary judgment. 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 violated the Paperwork Reduction Act and the Administrative Procedure Act, and that the agencies’ actions were arbitrary and capricious. 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; the conference was held on March 19, 2019. The plaintiffs claimed that the agencies had delayed complying with the court’s order and were unwilling to provide information about their plans to comply. 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 order on summary judgment and order on motion to dismiss (D.C. Circuit docket #19-5130).

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.

On June 9, 2020, the U.S. Court of Appeals for the D.C. Circuit (Judges Srinivasan, Pillard, and Rogers) issued a short, unpublished per curiam order. It 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. It remanded the case to the district court.

This case is ongoing.

Summary Authors

Sara Stearns (4/2/2019)

Bogyung Lim (7/30/2020)

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)

Chutkan, Tanya Sue (District of Columbia)

Attorneys(s) for Plaintiff

Chandy, Sunu P. (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)

Thurston, Robin Frances (District of Columbia)

Attorneys(s) for Defendant

Moore, Tamra (District of Columbia)

Robinson, Stuart Justin (California)

Judge(s)

Chutkan, Tanya Sue (District of Columbia)

Attorneys(s) for Plaintiff

Chandy, Sunu P. (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)

Thurston, Robin Frances (District of Columbia)

Attorneys(s) for Defendant

Moore, Tamra (District of Columbia)

Robinson, Stuart Justin (California)

Westmoreland, Rachael (District of Columbia)

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

Other Attorney(s)

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)

Documents in the Clearinghouse

Document

Docket

NWLC v. OMB

Feb. 12, 2020 Docket
1

Complaint for Injunctive and Declaratory Relief

NWLC v. OMB

Nov. 15, 2017 Complaint
45

Memorandum Opinion

NWLC v. OMB

358 F.Supp.3d 66

March 4, 2019 Order/Opinion
47

Plaintiff's Request for a Status Conference

NWLC v. OMB

March 18, 2019 Pleading / Motion / Brief
6

Defendants' Submission in Response to the Court's Questions Raised During the March 19, 2019 Status Conference

NWLC v. OMB

April 3, 2019 Notice Letter
71

Order

NWLC v. OMB

April 25, 2019 Order/Opinion

Resources

Title Description 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 https://nwlc.org/blog/we-sued-the-trump-administration-and-won/

Docket

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

Last updated May 11, 2022, 8 p.m.

ECF Number Description 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

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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Nov. 15, 2017 RECAP

Case Assigned/Reassigned

Nov. 15, 2017 PACER

Case Assigned to Judge Tanya S. Chutkan. (md)

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 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 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 PACER

Notice of QC

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 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 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 PACER

Order on Motion for Leave to Appear Pro Hac Vice

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 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 PACER

Notice of QC

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 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 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 PACER
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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 PACER

Order on Motion for Extension of Time to

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 PACER

Set/Reset Deadlines

Jan. 31, 2018 PACER

Set/Reset Deadlines: Defendant shall answer or otherwise respond to the complaint by 2/13/18. (jth)

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 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 PACER
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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 PACER
14

NOTICE of Appearance by Rachael Lynn Westmoreland on behalf of All Defendants (Westmoreland, Rachael) (Entered: 02/22/2018)

Feb. 22, 2018 PACER
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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 PACER
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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 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 PACER

Order on Motion for Extension of Time to File Response/Reply

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 PACER

Set/Reset Deadlines

March 7, 2018 PACER

Set/Reset Deadlines: Defendant reply due by 3/9/2018. (tb)

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 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 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 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 PACER

Order on Motion to Compel

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 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 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 PACER

Order on Motion to Stay

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 PACER

Set/Reset Deadlines

Nov. 20, 2018 PACER

Set/Reset Deadlines: Response due by 12/6/2018. (tb)

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 PACER

Order on Motion for Extension of Time to File Response/Reply

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 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 PACER

Set/Reset Deadlines

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 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 PACER

Order on Motion for Extension of Time to File Response/Reply

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 PACER

Set/Reset Deadlines

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 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 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 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 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 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 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 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 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 PACER

Order on Motion to Stay

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 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 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 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 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 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 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 PACER

Set/Reset Deadlines

Feb. 8, 2019 PACER

Set/Reset Deadlines: Supplemental Briefing due by 8:00 pm. on 2/8/2019. (tb)

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 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 RECAP

Order

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 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 RECAP

Set/Reset Deadlines

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 PACER

Order

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 PACER

Set/Reset Deadlines

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 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 PACER

Notice of QC

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 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 RECAP
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 RECAP
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

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2 Exhibit B

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3 Exhibit C

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March 18, 2019 RECAP

.Order

March 18, 2019 PACER

Order

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 PACER

Set/Reset Hearings

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 PACER

~Util - Set/Reset Deadlines

March 19, 2019 PACER

Status Conference

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 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

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2 Text of Proposed Order Proposed Order Granting Motion for Admission of Attorney

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April 1, 2019 PACER

State / Territory: District of Columbia

Case Type(s):

Equal Employment

Key Dates

Filing Date: Nov. 15, 2017

Case Ongoing: Yes

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

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Order Duration: 2019 - None

Content of Injunction:

Recordkeeping

Issues

General:

Record-keeping

Records Disclosure

Discrimination-area:

Pay / Benefits

Discrimination-basis:

Race discrimination

Sex discrimination

Affected Gender:

Female

National Origin/Ethnicity:

Hispanic