Case: Associated Builders and Contractors of Southest Texas v. Rung

1:16-cv-00425 | U.S. District Court for the Eastern District of Texas

Filed Date: Oct. 7, 2016

Closed Date: Dec. 21, 2017

Clearinghouse coding complete

Case Summary

This case addressed President Obama's Executive Order 13673, “Fair Pay and Safe Workplaces,” under which the Department of Labor and the Federal Acquisition Council required government contractors and subcontractors to report regularly on workplace law violations found by administrative agencies, the courts, and arbitrators. The Order explained that the federal government would take an employer’s record of violations into account when deciding whether to award future contracts, cancel existing …

This case addressed President Obama's Executive Order 13673, “Fair Pay and Safe Workplaces,” under which the Department of Labor and the Federal Acquisition Council required government contractors and subcontractors to report regularly on workplace law violations found by administrative agencies, the courts, and arbitrators. The Order explained that the federal government would take an employer’s record of violations into account when deciding whether to award future contracts, cancel existing contracts, and potentially demand remedial action to address a pattern of violations. The Executive Order was issued July 31, 2014. The Order covered 13 federal laws relating to fair labor conditions and wages as well as their state law equivalents.

On October 7, 2016, Associated Builders and Contractors of Southeast Texas (ABC), a professional business organization serving the construction industry, filed this lawsuit challenging the Order in the U.S. District Court for the Eastern District of Texas. ABC sought a temporary restraining order and a preliminary injunction to enjoin the implementation of the Executive Order and the enforcement of the Federal Acquisition Regulations described above. On October 24, 2016, District Court Judge Marcia A. Crone granted in part and denied in part the motion. Specifically, the Court enjoined implementation of Executive Order 13673 to the extent that it would impose new reporting requirements regarding labor law violations and prohibit pre-dispute arbitration agreements for Title VII and torts based harassment claims. 2016 WL 8188655. 

The government filed an appeal on December 22, 2016. While the appeal was pending, President Trump was elected. Congress passed a joint resolution in March 2017 disapproving the challenged rules, which President Trump signed.  Trump then issued his own Executive Order, EO 13782, rescinding the Obama order. 

Because Executive Order 13673 was rescinded, ABC filed a notice of voluntary dismissal on December 5, 2017, and Judge Marcia A. Crone dismissed the case without prejudice on December 21, 2017.

 

Summary Authors

Elena Meth (1/7/2023)

Documents in the Clearinghouse

Document

Executive Order 13673

Associated Builders and Contractors of Southeast Texas v. Rung

No Court

July 31, 2014

July 31, 2014

Executive Order
1

1:16-cv-00425

Plaintiffs' Complaint for Injunctive and Declaratory Relief

Associated Builders and Contractors of Southeast Texas v. Rung

Oct. 7, 2016

Oct. 7, 2016

Complaint
22

1:16-cv-00425

Memorandum and Order Granting Preliminary Injunction

Associated Builders and Contractors of Southeast Texas v. Rung

Oct. 24, 2016

Oct. 24, 2016

Order/Opinion

Executive Order 13782 - Revocation of Federal Contracting Executive Orders

Associated Builders and Contractors of Southeast Texas v. Rung

No Court

March 30, 2017

March 30, 2017

Executive Order

Guidance for Executive Order 13673, "Fair Pay and Safe Workplaces"

Associated Builders and Contractors of Southeast Texas v. Rung

No Court

Oct. 13, 2017

Oct. 13, 2017

Statute/Ordinance/Regulation

Guidance for Executive Order 13673, "Fair Pay and Safe Workplaces"

Associated Builders and Contractors of Southeast Texas v. Rung

No Court

Nov. 6, 2017

Nov. 6, 2017

Statute/Ordinance/Regulation
39

1:16-cv-00425

Order of Dismissal

Associated Builders and Contractors of Southeast Texas v. Rung

Dec. 21, 2017

Dec. 21, 2017

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4531363/associated-builders-and-contractors-of-southest-texas-v-rung/

Last updated Jan. 19, 2023, 3:25 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Injunctive and Declaratory Relief against All Defendants ( Filing fee $ 400 receipt number 0540-5975034.), filed by Association of Security Companies, Associated Builders and Contractors, Inc., Associated Builders and Contractors of Southest Texas. (Attachments: # 1 Civil Cover Sheet)(Jodon, G) (Entered: 10/07/2016)

1 Civil Cover Sheet

View on PACER

Oct. 7, 2016

Oct. 7, 2016

Clearinghouse
2

CORPORATE DISCLOSURE STATEMENT filed by Associated Builders and Contractors of Southest Texas, Associated Builders and Contractors, Inc., Association of Security Companies (Jodon, G) (Entered: 10/07/2016)

Oct. 7, 2016

Oct. 7, 2016

PACER
3

SUMMONS Issued as to All Defendants and emailed to Plaintiffs' atty for service (aam, ) (Entered: 10/07/2016)

Oct. 7, 2016

Oct. 7, 2016

PACER

In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (aam, )

Oct. 7, 2016

Oct. 7, 2016

PACER

Case Assigned to Judge Marcia A. Crone. (aam, )

Oct. 7, 2016

Oct. 7, 2016

PACER
4

Opposed MOTION for Temporary Restraining Order and Preliminary Injunction by Associated Builders and Contractors of Southest Texas, Associated Builders and Contractors, Inc., National Association of Security Companies. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Text of Proposed Order Granting Plaintiffs' Emergency Motion for Restraining Order)(Jodon, G) (Entered: 10/13/2016)

Oct. 13, 2016

Oct. 13, 2016

PACER
5

ORDER setting hearing on 4 Opposed MOTION for Temporary Restraining Order and Preliminary Injunction. The hearing will be conducted at the U. S. Courthouse, 7940 Preston Road, Plano, Texas 75024. Plaintiff's counsel is ordered to provide Defendants with notice of the hearing, as well as copies of all documents currently filed in this case. Signed by Judge Marcia A. Crone on 10/14/16. (mrp, ) (Entered: 10/14/2016)

Oct. 14, 2016

Oct. 14, 2016

PACER
6

SUMMONS Returned Executed by Associated Builders and Contractors of Southest Texas. Thomas E. Perez served on 10/12/2016, answer due 12/12/2016. (mrp, ) (Entered: 10/17/2016)

Oct. 14, 2016

Oct. 14, 2016

PACER
7

SUMMONS Returned Executed by Associated Builders and Contractors of Southest Texas. Ashton B. Carter served on 10/12/2016, answer due 12/12/2016. (mrp, ) (Entered: 10/17/2016)

Oct. 14, 2016

Oct. 14, 2016

PACER
8

SUMMONS Returned Executed by Associated Builders and Contractors of Southest Texas. Anne Rung served on 10/12/2016, answer due 12/12/2016. (mrp, ) (Entered: 10/17/2016)

Oct. 14, 2016

Oct. 14, 2016

PACER
9

SUMMONS Returned Executed by Associated Builders and Contractors of Southest Texas. Denise T. Roth served on 10/12/2016, answer due 12/12/2016. (mrp, ) (Entered: 10/17/2016)

Oct. 14, 2016

Oct. 14, 2016

PACER
10

SUMMONS Returned Executed by Associated Builders and Contractors of Southest Texas. Charles F. Bolden, Jr served on 10/12/2016, answer due 12/12/2016. (mrp, ) (Entered: 10/17/2016)

Oct. 14, 2016

Oct. 14, 2016

PACER

NOTICE of Hearing: Hearing on TRO and Preliminary Injunction set for 10/21/2016 02:00 PM in Ctrm 105 (Plano) before Judge Marcia A. Crone. (psl, )

Oct. 14, 2016

Oct. 14, 2016

PACER
11

NOTICE of Attorney Appearance - Pro Hac Vice by Maurice Baskin on behalf of All Plaintiffs. Filing fee $ 100, receipt number 0540-5986774. (Baskin, Maurice) (Entered: 10/17/2016)

Oct. 17, 2016

Oct. 17, 2016

PACER
12

NOTICE of Attorney Appearance by Marcia Kay Sowles on behalf of All Defendants (Sowles, Marcia) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
13

NOTICE of Attorney Appearance by Martin Mason Tomlinson on behalf of All Defendants (Tomlinson, Martin) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
14

NOTICE of Attorney Appearance by Robert Francois Friedman on behalf of All Plaintiffs (Friedman, Robert) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
15

Unopposed MOTION for Leave to File Excess Pages in Defendants' Response to Plaintiffs' Motion for Injunctive Relief by Charles F. Bolden, Jr, Ashton B. Carter, Thomas E. Perez, Denise T. Roth, Anne Rung. (Attachments: # 1 Text of Proposed Order Proposed Order)(Tomlinson, Martin) (Entered: 10/20/2016)

Oct. 20, 2016

Oct. 20, 2016

PACER
16

RESPONSE in Opposition re 4 Opposed MOTION for Temporary Restraining Order and Preliminary Injunction filed by Charles F. Bolden, Jr, Ashton B. Carter, Thomas E. Perez, Denise T. Roth, Anne Rung. (Tomlinson, Martin) (Entered: 10/20/2016)

Oct. 20, 2016

Oct. 20, 2016

PACER
17

REPLY to Response to Motion re 4 Opposed MOTION for Temporary Restraining Order and Preliminary Injunction filed by Associated Builders and Contractors of Southest Texas, Associated Builders and Contractors, Inc., National Association of Security Companies. (Baskin, Maurice) (Entered: 10/21/2016)

Oct. 21, 2016

Oct. 21, 2016

PACER
18

Minute Entry for proceedings held before Judge Marcia A. Crone: Motion Hearing held on 10/21/2016 re 4 Opposed MOTION for Temporary Restraining Order and Preliminary Injunction filed by Associated Builders and Contractors, Inc., National Association of Security Companies, Associated Builders and Contractors of Southest Texas. (Court Reporter Lori Barnett) (ksd) (Entered: 10/21/2016)

Oct. 21, 2016

Oct. 21, 2016

PACER
19

RESPONSE in Opposition re 4 Opposed MOTION for Temporary Restraining Order and Preliminary Injunction As Ordered By The Court At 10/21 Hearing filed by Charles F. Bolden, Jr, Ashton B. Carter, Thomas E. Perez, Denise T. Roth, Anne Rung. (Tomlinson, Martin) (Entered: 10/22/2016)

Oct. 22, 2016

Oct. 22, 2016

PACER
20

RESPONSE in Support re 4 Opposed MOTION for Temporary Restraining Order and Preliminary Injunction filed by Associated Builders and Contractors of Southest Texas, Associated Builders and Contractors, Inc., National Association of Security Companies. (Baskin, Maurice) (Entered: 10/22/2016)

Oct. 22, 2016

Oct. 22, 2016

PACER
21

Proposed Pretrial Order Granting Preliminary Injunction by Associated Builders and Contractors of Southest Texas, Associated Builders and Contractors, Inc., National Association of Security Companies. (Baskin, Maurice) (Entered: 10/22/2016)

Oct. 22, 2016

Oct. 22, 2016

PACER
22

ORDER granting in part and denying in part 4 Motion for Preliminary Injunction signed by Judge Marcia A. Crone on 10/24/2016. (ksd ) Modified on 10/24/2016 (ksd). (Entered: 10/24/2016)

Oct. 24, 2016

Oct. 24, 2016

Clearinghouse
23

ORDER granting 15 Motion for Leave to File Excess Pages. Signed by Judge Marcia A. Crone on 10/25/16. (mrp, ) (Entered: 10/25/2016)

Oct. 25, 2016

Oct. 25, 2016

PACER
24

FILED IN ERROR. Please ignore.Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Charles F. Bolden, Jr, Ashton B. Carter, Thomas E. Perez, Denise T. Roth, Anne Rung.( Tomlinson, Martin) Modified on 12/6/2016 (tkd, ). (Entered: 12/05/2016)

Dec. 5, 2016

Dec. 5, 2016

PACER

***FILED IN ERROR. Please ignore document #24, Defts' Application for Extension of Time to Answer. Document is in violation of Standing Order MC-12. A motion for extension is required. (tkd, )

Dec. 5, 2016

Dec. 5, 2016

PACER
25

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by Charles F. Bolden, Jr, Ashton B. Carter, Thomas E. Perez, Denise T. Roth, Anne Rung. (Attachments: # 1 Certificate of Conference)(Tomlinson, Martin) (Additional attachment(s) added on 12/6/2016: # 2 Text of Proposed Order) (bjc, ). (Entered: 12/06/2016)

Dec. 6, 2016

Dec. 6, 2016

PACER
26

ORDER granting 25 Motion for Extension of Time to Answer. Defendants' responsive pleading to the Complaint is due on or before 1/11/17. Signed by Judge Marcia A. Crone on 12/6/16. (mrp, ) (Entered: 12/07/2016)

Dec. 7, 2016

Dec. 7, 2016

PACER
27

NOTICE OF APPEAL as to 22 Order on Motion for TRO by Charles F. Bolden, Jr, Ashton B. Carter, Thomas E. Perez, Denise T. Roth, Anne Rung. (Tomlinson, Martin) (Entered: 12/22/2016)

Dec. 22, 2016

Dec. 22, 2016

PACER

NOTICE of Docketing Notice of Appeal from USCA re 27 Notice of Appeal filed by Anne Rung, Denise T. Roth, Thomas E. Perez, Charles F. Bolden, Jr., Ashton B. Carter. USCA Case Number 16-41707 (dlc, )

Jan. 3, 2017

Jan. 3, 2017

PACER
28

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by Charles F. Bolden, Jr, Ashton B. Carter, Thomas E. Perez, Denise T. Roth, Anne Rung. (Attachments: # 1 Text of Proposed Order)(Tomlinson, Martin) (Entered: 01/04/2017)

Jan. 4, 2017

Jan. 4, 2017

PACER
29

ORDER granting 28 Motion for Extension of Time. Defendants' responsive pleading to Plaintiffs' Complaint is due on or before 2/10/17. Signed by Judge Marcia A. Crone on 1/5/17. (dlc, ) (Entered: 01/06/2017)

Jan. 6, 2017

Jan. 6, 2017

PACER
30

TRANSCRIPT REQUEST FORM indicating transcript is unnecessary for appeal purposes by Charles F. Bolden, Jr, Ashton B. Carter, Thomas E. Perez, Denise T. Roth, Anne Rung (Tomlinson, Martin) Modified on 1/10/2017 (dlc, ). (Entered: 01/10/2017)

Jan. 10, 2017

Jan. 10, 2017

PACER

NOTICE of certification of eROA provided to 5th Circuit Court of Appeals. (dlc, )

Jan. 12, 2017

Jan. 12, 2017

PACER

USCA 5th Circuit Notice - Original record on appeal is accepted (dlc, )

Jan. 18, 2017

Jan. 18, 2017

PACER

Appeal Remark re: Counsel can access the record on appeal by following the instructions in the link. If an appearance wasn't made in the appellant court, counsel doesn't have access through the link. http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf (dlc, )

Jan. 18, 2017

Jan. 18, 2017

PACER
31

Consent MOTION for Extension of Time to File Answer re 1 Complaint, by Charles F. Bolden, Jr, Ashton B. Carter, Thomas E. Perez, Denise T. Roth, Anne Rung. (Attachments: # 1 Text of Proposed Order)(Tomlinson, Martin) (Entered: 02/02/2017)

Feb. 2, 2017

Feb. 2, 2017

PACER
32

ORDER granting 31 Motion for Extension of Time to Answer. Accordingly, Defendants' responsive pleading to Plaintiffs' Complaint is due on or before April 7, 2017. Signed by Judge Marcia A. Crone on 2/3/17. (dlc, ) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
33

ORDER of USCA dismissing the appeal as of March 31, 2017 as to 27 Notice of Appeal filed by Anne Rung, Denise T. Roth, Thomas E. Perez, Charles F. Bolden, Jr., Ashton B. Carter (Attachments: # 1 USCA Cover Letter)(dlc, ) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER
34

Joint MOTION to Stay Further Proceedings by Charles F. Bolden, Jr, Ashton B. Carter, Thomas E. Perez, Denise T. Roth, Anne Rung. (Attachments: # 1 Text of Proposed Order)(Tomlinson, Martin) (Entered: 04/06/2017)

1 Text of Proposed Order

View on PACER

April 6, 2017

April 6, 2017

RECAP
35

ORDER granting the parties Joint Motion to Stay # 34 . This action is stayed and administratively closed until Plaintiffs file a motion to dismiss or upon further order of this court. It is ordered that the parties shall file a notice every 90 days informing the court of the status of this action. The Preliminary Injunction Order # 22, issued 10/24/16, remains in effect. Signed by Judge Marcia A. Crone on 4/7/17. (mrp, ) (Entered: 04/07/2017)

April 7, 2017

April 7, 2017

PACER
36

STATUS REPORT and Request to Continue Stay by Charles F. Bolden, Jr, Ashton B. Carter, Thomas E. Perez, Denise T. Roth, Anne Rung. (Tomlinson, Martin) (Entered: 07/06/2017)

July 6, 2017

July 6, 2017

PACER
37

STATUS REPORT and Request to Continue Stay by Charles F. Bolden, Jr, Ashton B. Carter, Thomas E. Perez, Denise T. Roth, Anne Rung. (Tomlinson, Martin) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
38

NOTICE of Voluntary Dismissal by Associated Builders and Contractors of Southest Texas, Associated Builders and Contractors, Inc., National Association of Security Companies (Friedman, Robert) (Entered: 12/05/2017)

Dec. 5, 2017

Dec. 5, 2017

PACER
39

ORDER OF DISMISSAL in accordance with 38 Notice of Voluntary Dismissal. This action is dismissed without prejudice. Signed by District Judge Marcia A. Crone on 12/21/17. (tkd, ) (Entered: 12/22/2017)

Dec. 21, 2017

Dec. 21, 2017

RECAP

Case Details

State / Territory: Texas

Case Type(s):

Labor Rights

Equal Employment

Labor Rights

Key Dates

Filing Date: Oct. 7, 2016

Closing Date: Dec. 21, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is the Associated Builders and Contractors of Southeast Texas, a chapter of a national construction industry trade association.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Labor (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Available Documents:

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

None

Content of Injunction:

Preliminary relief granted

Preliminary relief request withdrawn/mooted