Case: Mid-America Milling Company v. U.S. Department of Transportation

3:23-cv-00072 | U.S. District Court for the Eastern District of Kentucky

Filed Date: Oct. 26, 2023

Case Ongoing

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Case Summary

This case challenged the U.S. Department of Transportation’s (DOT) Disadvantaged Business Enterprise Program (DBE). DBE was a legislatively mandated program, established in 1982, that ensured that federally-assisted contracts for highway, transit, and aviation projects were made available to small businesses owned and controlled by socially and economically disadvantaged individuals, including women and certain racial and ethnic minority groups. While any small business owner may qualify as socially and economically disadvantaged regardless of their race or gender, women and certain racial and ethnic minorities were subject to a rebuttable presumption of social and economic disadvantage under the program. Upon establishing this program, Congress set a nationwide goal that at least 10% of allocations to State and local entities as part of DOT-assisted aviation, highway, and transit contracting projects be spent on businesses owned by small and socially disadvantaged individuals.

During the Biden Administration, on October 26, 2023, Mid-America Milling Company, Inc. and Bagshaw Trucking, Inc. filed this lawsuit in the U.S. District Court for the Eastern District of Kentucky against DOT, U.S. Secretary of Transportation Pete Buttigieg in his official capacity, DOT’s Administrator of the Federal Highway Administration in his official capacity, and the Division Administer of the Kentucky Division of the Federal Highway Administration. The plaintiff companies alleged that despite having a long history of participating in federally financed road construction projects and being qualified, willing, and able to apply for federal highway and surface transportation contracts, they could not compete for these contracts on an equal footing with women and racial and ethnic minorities because of DBE. They alleged that DBE and the federal regulations controlling the program violated the equal protection guarantee of the Fifth Amendment to the U.S. Constitution and the Administrative Procedure Act. The plaintiffs sought a preliminary and permanent injunction enjoining the defendants from applying race and gender-based classifications in DBE, as well as a declaratory judgment that the race and gender-based classifications were unconstitutional. The case was assigned to Judge Gregory Van Tatenhove.

On December 15, 2023, the plaintiffs requested a preliminary injunction prohibiting the defendants from implementing or enforcing DBE’s race and gender presumptions and participation goal.

On January 16, 2024, the defendants moved to dismiss the plaintiffs’ complaint for several reasons. First, they contended that the plaintiffs’ equal protection claims were deficient because they did not identify the race or gender of their businesses, nor did they provide information on the contracts they allegedly competed for and lost out on. Second, they contended that the plaintiffs lack Article III standing because they did not allege that they have ever lost out on contracts with DBE participation goals or are likely to do so in the future, nor did they allege that they meet the race- and gender-neutral requirements for DBE participation. Third, the defendants contended that the court should dismiss the complaint because it failed to name as a defendant any state or local agency that applied the challenged presumptions, and that relief would not be complete absent those parties.

On September 23, 2024, Judge Van Tatenhove granted the plaintiffs’ request for a preliminary injunction forbidding the mandatory use of DBE’s race and gender presumptions in awarding DOT contracts. 2024 WL 4267183. The court found that the mandatory presumption of disadvantage awarded to minority- or woman-owned contractors violated the Equal Protection Clause. In doing so, the court applied strict scrutiny—which requires that a racial classification which would otherwise violate Equal Protection be narrowly tailored to protect a compelling government interest—to assess the government’s use of race-based presumptions of disadvantage. The court found that DOT’s use of presumptions did not serve a compelling government interest because it could not prove that it had previously discriminated specifically against the racial minorities which it sought to preferentially award contracts to. The court additionally concluded that DOT had failed to narrowly tailor its use of presumptions because the program had been in use for four decades without a prescribed endpoint. Similarly, the court found that DOT did not sufficiently demonstrate a connection between a past pattern of discrimination and DBE’s present usage of gender-based presumptions.

Owing to concerns about the impropriety and ubiquity of nationwide injunctions, the court limited its preliminary injunction to the case parties themselves.

On October 31, 2024, following plaintiffs’ motion, the court issued a clarification to the scope of its preliminary injunction. Clarifying ambiguous language in its original ruling, the court ruled that the injunction applied to any contracts the plaintiffs bid on, not just those in Kentucky and Indiana.

Following the transition from the Biden to the Trump Administration and President Trump’s issuance of an executive order purporting to end equity-based decisions in federal contracting, on May 21, 2025, Judge Van Tatenhove allowed a coalition of minority- and women-owned contractors and policy organizations to intervene as defendants in the case. The court found that the intervenors did not require Article III standing since they proposed to intervene as defendants, that their motion was timely, and that they satisfied the requirements of FRCP 24 to intervene as a matter of right.

On May 28, 2025, the plaintiffs and the government submitted a joint motion for a consent order. The proposed text of this order would stipulate that the government’s past use of DBE rebuttable presumptions in awarding contracts violated the Equal Protection Clause and end the use of such presumptions. A decision on that motion is pending.

Meanwhile, on January 1, 2025, two private companies attempted to intervene as plaintiffs, arguing that because the injunction granted by the court would only provide relief to the named parties in the lawsuit, and thus they would continue to be harmed by DOT's use of the DBE. The companies argued the plaintiffs would not adequately protect their rights, because the plaintiffs are already protected by the injunction and have no reason to expend further effort to try to expand the scope of the injunction.

On July 18, Judge Van Tatenhove denied the motion to intervene, holding that the proposed intervenors did not try to intervene in a timely fashion. Because the case had been filed a year before the parties tried to intervene, the preliminary injunction at issue had already been briefed, argued, and decided, and a scheduling order had been issued that "intended to move this case towards its final resolution." 2025 WL 2024484. The court held that the intervenors either knew, or should have known, that the case was ongoing and that they should have intervened at an earlier time, rather than "[sitting] on the fence waiting to see if they would have to diligently pursue their own rights or if they could simply free ride on litigation carried out by others."

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Summary Authors

Rita Elfarissi (4/23/2024)

Matt Petrillo (6/2/2025)

Bryan Waugh (9/24/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67920383/parties/mid-america-milling-company-v-us-department-of-transportation/

Attorney for Plaintiff

Bentley, Frederick R. (Kentucky)

Berg, Luke N. (Kentucky)

Attorney for Defendant

Bae, Sosun (Kentucky)

Braniff, Andrew (Kentucky)

Expert/Monitor/Master/Other

Bonta, Rob (Kentucky)

Attorney for Plaintiff

Bentley, Frederick R. (Kentucky)

Berg, Luke N. (Kentucky)

Esenberg, Richard M. (Kentucky)

Healey, Gregory Austin (Kentucky)

Lennington, Daniel P. (Kentucky)

Lycan, David Eric (Kentucky)

Nemes, Jason Michael (Kentucky)

Owsley, David Bryan (Kentucky)

Schroader, Kyle S. (Kentucky)

Spitz, Kate (Kentucky)

Tolliver, Cara (Kentucky)

Attorney for Defendant

Bae, Sosun (Kentucky)

Braniff, Andrew (Kentucky)

DOJ, Katelyn Davis (Kentucky)

GOV, David Reese (Kentucky)

GOV, Charles Ethan (Kentucky)

Moo-Young, Jillian (Kentucky)

Reese, David (Kentucky)

Rich, Robert (Kentucky)

Expert/Monitor/Master/Other

Bonta, Rob (Kentucky)

Briggs, Amy B. (Kentucky)

Brown, Nicholas (Kentucky)

Campbell, Andrea Joy (Kentucky)

Clark, Charity R. (Kentucky)

Ellison, Keith (Kentucky)

Ford, Aaron (Kentucky)

Frey, Aaron M. (Kentucky)

Henry, Michele D. (Kentucky)

Hurst, Alan M. (Kentucky)

Island, State of (Kentucky)

James, Letitia (Kentucky)

Jennings, Kathleen (Kentucky)

Jersey, State of (Kentucky)

Kaul, Joshua L. (Kentucky)

Koren, Julie E. (Kentucky)

Lippe, Sarah von (Kentucky)

Lopez, Anne (Kentucky)

Luh, James C. (Kentucky)

Mayes, Kris (Kentucky)

McSwain, Douglas L. (Kentucky)

Menschel, Brooke (Kentucky)

Merrill, Toby (Kentucky)

Mexico, State of (Kentucky)

Mohan, Sharanya (Kentucky)

Morton, Jessica Anne (Kentucky)

Neronha, Peter F. (Kentucky)

Nessel, Dana (Kentucky)

Oregan, State of (Kentucky)

Perwez, Adnan (Kentucky)

Platkin, Matthew J. (Kentucky)

Raoul, Kwame (Kentucky)

Rayfield, Dan (Kentucky)

Schwalb, Brian L. (Kentucky)

Tong, William (Kentucky)

Torrez, Raul (Kentucky)

Ugai, John M. (Kentucky)

Vermont, State of (Kentucky)

Weiser, Phillip J (Kentucky)

Wiggins, Audrey (Kentucky)

Williamson, Virginia A. (Kentucky)

Wisconsin, State of (Kentucky)

York, State of (Kentucky)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 3:23-cv-00072	Verified Complaint	Oct. 26, 2023	Oct. 26, 2023 Complaint
44 3:23-cv-00072	Opinion and Order	Sept. 23, 2024	Sept. 23, 2024 Order/Opinion 2024 WL 4267183
50 3:23-cv-00072	Opinion and Order	Oct. 31, 2024	Oct. 31, 2024 Order/Opinion 2024 WL 4635430
78 3:23-cv-00072	Memorandum Opinion and Order	May 21, 2025	May 21, 2025 Order/Opinion 2025 WL 1461818
82 3:23-cv-00072	Joint Motion for Entry of Consent Order	May 28, 2025	May 28, 2025 Pleading / Motion / Brief
82-1 3:23-cv-00072	Consent Order	May 28, 2025	May 28, 2025 Order/Opinion
123 3:23-cv-00072	Memorandum & Order Mid-American Milling Company v. United States Department of Transportation	July 18, 2025	July 18, 2025 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
EO 14173 - Ending Illegal Discrimination and Restoring Merit-Based Opportunity President Donald Trump	Ordering all federal agencies and departments to terminate all DEIA (diversity, equity, inclusion, accessibility) policies and programs, and directing the Attorney General and Secretary of Education …	Jan. 21, 2025	Jan. 21, 2025 https://www.federalregister.gov/...
EO 14151 - Ending Radical and Wasteful Government DEI Programs and Preferencing President Donald Trump	Directing the Office of Management and Budget to coordinate the termination of all diversity, equity, inclusion, and accessibility (DEI and DEIA) programs in the federal government.	Jan. 20, 2025	Jan. 20, 2025 https://www.federalregister.gov/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/67920383/mid-america-milling-company-v-us-department-of-transportation/

Last updated Oct. 20, 2025, 8:29 a.m.

ECF Number	Description	Date	Link Date / Link
1	VERIFIED COMPLAINT ( Filing fee $402; receipt number AKYEDC-5682551), filed by Mid-America Milling Company. (Attachments: # 1 Civil Cover Sheet, # 2 Summons USDOT, # 3 Summons Buttigieg, # 4 Summons Jeter, # 5 Summons Bhatt)(CBD) (Entered: 10/26/2023)	Oct. 26, 2023	Oct. 26, 2023 Clearinghouse
10	NOTICE OF CLERICAL ERROR Re: PDF DOCUMENT: Error: incomplete document attached to docket entry by docket clerk re 3 Summons Issued ; Corrected document attached to this entry. CBD cc: COR (CBD) (Entered: 10/30/2023)	Oct. 26, 2023	Oct. 26, 2023 PACER
3	Summons Issued as to All Defendants and returned to counsel electronically for service. (CBD) (Main Document 3 replaced and image regenerated on 10/30/2023) (CBD). Modified on 10/30/2023 (CBD). (Entered: 10/26/2023)	Oct. 26, 2023	Oct. 26, 2023 RECAP
4	NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, David Eric Lycan. 1 Complaint has been filed by Mid-America Milling Company without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (CBD) (Entered: 10/26/2023)	Oct. 26, 2023	Oct. 26, 2023 RECAP
5	NOTICE TO ATTORNEY Cara Tolliver by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (CBD) (Entered: 10/26/2023)	Oct. 26, 2023	Oct. 26, 2023 PACER
6	NOTICE TO ATTORNEY Daniel Lennington by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (CBD) (Entered: 10/26/2023)	Oct. 26, 2023	Oct. 26, 2023 RECAP
7	NOTICE TO ATTORNEY Kate Spitz by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (CBD) (Entered: 10/26/2023)	Oct. 26, 2023	Oct. 26, 2023 PACER
8	NOTICE TO ATTORNEY Richard Esenburg by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (CBD) (Entered: 10/26/2023)	Oct. 26, 2023	Oct. 26, 2023 PACER
	Conflict Check run. (CBD)	Oct. 26, 2023	Oct. 26, 2023 PACER
9	MOTION for Lennington to Appear Pro Hac Vice by Mid-America Milling Company ( Filing fee $125; receipt number AKYEDC-5683906) (Attachments: # 1 Attachment Certificate of Good Standing, # 2 Proposed Order)(Lycan, David) (Entered: 10/27/2023)	Oct. 27, 2023	Oct. 27, 2023 PACER
	BAR STATUS Check completed as to Daniel P. Lennington re 9 MOTION for Lennington to Appear Pro Hac Vice by Mid-America Milling Company ( Filing fee $125; receipt number AKYEDC-5683906). (CBD)	Oct. 30, 2023	Oct. 30, 2023 PACER
	***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 9 MOTION for Lennington to Appear Pro Hac Vice (CBD)	Oct. 30, 2023	Oct. 30, 2023 PACER
11	FRCP 7.1 DISCLOSURE STATEMENT by Mid-America Milling Company identifying Corporate Parent Hughes Group, Inc. for Mid-America Milling Company.. (Lycan, David) (Entered: 10/31/2023)	Oct. 31, 2023	Oct. 31, 2023 PACER
12	MOTION for Richard M. Essenberg to Appear Pro Hac Vice by Mid-America Milling Company ( Filing fee $125; receipt number BKYEDC-5686416) (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)(Lycan, David) (Entered: 10/31/2023)	Oct. 31, 2023	Oct. 31, 2023 PACER
13	MOTION for Katherine D. Spitz to Appear Pro Hac Vice by Mid-America Milling Company ( Filing fee $125; receipt number AKYEDC-5686435) (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)(Lycan, David) (Entered: 10/31/2023)	Oct. 31, 2023	Oct. 31, 2023 PACER
14	MOTION for Cara M. Tolliver to Appear Pro Hac Vice by Mid-America Milling Company ( Filing fee $125; receipt number AKYEDC-5686454) (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)(Lycan, David) (Entered: 10/31/2023)	Oct. 31, 2023	Oct. 31, 2023 PACER
	BAR STATUS Check completed as to Richard M. Esenburg, Kate Spitz re 13 MOTION for Katherine D. Spitz to Appear Pro Hac Vice, 12 MOTION for Richard M. Essenberg to Appear Pro Hac Vice. (CBD)	Oct. 31, 2023	Oct. 31, 2023 PACER
	***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 13 MOTION for Katherine D. Spitz, 12 MOTION for Richard M. Esenberg to Appear Pro Hac Vice (CBD)	Oct. 31, 2023	Oct. 31, 2023 PACER
	BAR STATUS Check completed as to Cara Tolliver re 14 MOTION for Cara M. Tolliver to Appear Pro Hac Vice. (CBD)	Nov. 1, 2023	Nov. 1, 2023 PACER
	***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 14 MOTION for Cara M. Tolliver to Appear Pro Hac Vice (CBD)	Nov. 1, 2023	Nov. 1, 2023 PACER
15	AFIDAVIT/DECLARATION OF SERVICE BY MAIL for Complaint and Summons served on United States Attorney in Lexington; US Dept of Transportation; Peter Buttigieg; Todd Jeter; Shailen Bhatt on October 31, 2023, filed by Mid-America Milling Company. (Lycan, David) Modified text on 11/7/2023 (CBD). (Entered: 11/06/2023)	Nov. 6, 2023	Nov. 6, 2023 PACER
16	NOTICE of Appearance by Robert Rich on behalf of All Defendants (Rich, Robert) Modified text on 11/8/2023 (CBD). (Entered: 11/08/2023)	Nov. 8, 2023	Nov. 8, 2023 PACER
17	ORDER: 1. Plf's Motion for Admission Pro Hac Vice R. 9 is GRANTED;2. Attorney Daniel P. Lennington is admitted pro hac vice as counsel for Plaf in the above-styled action. 3. Plafs second Motion for Admission Pro Hac Vice R. 12 is GRANTED; 4. Attorney Richard M. Essenberg is admitted pro hac vice as counsel for the Plaf in the above-styled action;5. Plafs third Motion for Admission Pro Hac Vice R. 13 is GRANTED; 6. Attorney Katherine D. Spitz is admitted pro hac vice as counsel for Plaf in the above-styled action; 7. Plafs fourth Motion for Admission Pro Hac Vice R. 14 is GRANTED; and 8. Attorney Cara M. Tolliver is admitted pro hac vice as counsel for the Plaf in the above-styled action. Signed by Judge Gregory F. Van Tatenhove on 11/14/23. (MJY)cc: COR, Daniel P. Lennington; Richard M. Essenberg; Katherine D. Spitz & Cara M. Tolliver via US Mail. (Entered: 11/16/2023)	Nov. 14, 2023	Nov. 14, 2023 PACER
	NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Daniel P. Lennington; Richard M. Essenberg; Katherine D. Spitz & Cara M. Tolliver: re 17 Order on Motion to Appear Pro Hac Vice, A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Daniel P. Lennington; Richard M. Essenberg; Katherine D. Spitz & Cara M. Tolliver (MJY)	Nov. 16, 2023	Nov. 16, 2023 PACER
18	NOTICE of Appearance by Daniel P. Lennington on behalf of All Plaintiffs (Lennington, Daniel) (Entered: 11/28/2023)	Nov. 28, 2023	Nov. 28, 2023 PACER
19	NOTICE of Appearance by Richard M. Esenberg on behalf of All Plaintiffs (Esenberg, Richard) (Entered: 11/28/2023)	Nov. 28, 2023	Nov. 28, 2023 PACER
20	NOTICE of Appearance by Cara Tolliver on behalf of All Plaintiffs (Tolliver, Cara) (Entered: 11/28/2023)	Nov. 28, 2023	Nov. 28, 2023 PACER
21	CONSENT MOTION for Extension of Time to File Answer re 1 Complaint by Shailen Bhatt, Peter P. Buttigieg, Todd Jeter, U.S. Department of Transportation (Attachments: # 1 Proposed Order)(Rich, Robert) (Entered: 12/08/2023)	Dec. 8, 2023	Dec. 8, 2023 PACER
22	NOTICE TO ATTORNEY Andrew Braniff by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: # 1 LR 83.1 Admission Packet, # 2 LR 83.2 re PHV Admission Information)(CBD) (Entered: 12/11/2023)	Dec. 11, 2023	Dec. 11, 2023 PACER
	Attorney Update. Attorney Andrew Braniff for Shailen Bhatt,Andrew Braniff for Peter P. Buttigieg,Andrew Braniff for Todd Jeter,Andrew Braniff for U.S. Department of Transportation added. (CBD)	Dec. 11, 2023	Dec. 11, 2023 PACER
	***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 21 CONSENT MOTION for Extension of Time to File Answer re 1 Complaint by Shailen Bhatt, Peter P. Buttigieg, Todd Jeter, U.S. Department of Transportation (CBD)	Dec. 11, 2023	Dec. 11, 2023 PACER
23	ORDER: It is hereby ORDERED that Defendants' Motion [R. 21 ] is GRANTED and the Defendants shall have up to and including January 16, 2024, to file an answer orotherwise respond to the complaint in this matter. Signed by Judge Gregory F. Van Tatenhove on 12/12/2023.(JJ)cc: COR (Entered: 12/12/2023)	Dec. 12, 2023	Dec. 12, 2023 PACER
24	NOTICE of Appearance by Jillian Moo-Young on behalf of All Defendants (Moo-Young, Jillian) (Entered: 12/12/2023)	Dec. 12, 2023	Dec. 12, 2023 PACER
25	NOTICE OF APPEARANCE by U.S. Department of Transportation. (Braniff, Andrew) (Entered: 12/13/2023)	Dec. 13, 2023	Dec. 13, 2023 PACER
26	NOTICE by Bagshaw Trucking, Inc., Mid-America Milling Company Notice of Withdrawal of Counsel, Katherine D. Spitz (Lennington, Daniel) (Entered: 12/13/2023)	Dec. 13, 2023	Dec. 13, 2023 PACER
	Attorney Update. Attorney Kate Spitz terminated. (CBD)	Dec. 13, 2023	Dec. 13, 2023 PACER
27	MOTION for Preliminary Injunction by Bagshaw Trucking, Inc., Mid-America Milling Company, LLC (Attachments: # 1 Brief in Support of Plaintiffs' Motion for Preliminary Injunction, # 2 Declaration of Kramer Koetter, # 3 Declaration of Gregory Bagshaw, # 4 Proposed Order)(Lennington, Daniel) (Entered: 12/15/2023) 1 Brief in Support of Plaintiffs' Motion for Preliminary Injunction View on RECAP 2 Declaration of Kramer Koetter View on PACER 3 Declaration of Gregory Bagshaw View on PACER 4 Proposed Order View on PACER	Dec. 15, 2023	Dec. 15, 2023 RECAP
28	JOINT MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Preliminary Injunction by Bagshaw Trucking, Inc., Mid-America Milling Company, LLC by Shailen Bhatt, Peter P. Buttigieg, Todd Jeter, U.S. Department of Transportation and to Exceed Page Limitations (Attachments: # 1 Proposed Order)(Rich, Robert) (Entered: 12/20/2023)	Dec. 20, 2023	Dec. 20, 2023 PACER
29	ORDER: 1. The Parties' Joint Motion [R. 28 ] is GRANTED; 2. The Defendants SHALL have up to and including January 26, 2024, to file a response not exceeding 30 pages to Plaintiffs Motion for Preliminary Injunction; and 3. The Plaintiffs SHALL have up to and including February 23, 2024 to file a reply in support of their Motion for Preliminary Injunction that does not exceed 25 pages. Signed by Judge Gregory F. Van Tatenhove on 12/21/2023.(JJ)cc: COR (Entered: 12/21/2023)	Dec. 21, 2023	Dec. 21, 2023 PACER
	***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re 28 JOINT MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Preliminary Injunction by Bagshaw Trucking, Inc., Mid-America Milling Company, LLC by Shailen Bhatt, Peter P. Buttigieg, Todd Jeter, U.S. Department of Tran (JJ)	Dec. 21, 2023	Dec. 21, 2023 PACER
30	NOTICE of Appearance by David Reese on behalf of All Defendants (Reese, David) (Entered: 12/26/2023)	Dec. 26, 2023	Dec. 26, 2023 PACER
31	MOTION to Dismiss by Shailen Bhatt, Peter P. Buttigieg, Todd Jeter, U.S. Department of Transportation (Attachments: # 1 Proposed Order)(Rich, Robert) (Entered: 01/16/2024)	Jan. 16, 2024	Jan. 16, 2024 RECAP
32	RESPONSE in Opposition re 27 MOTION for Preliminary Injunction by Bagshaw Trucking, Inc., Mid-America Milling Company, LLC filed by Shailen Bhatt, Peter P. Buttigieg, Todd Jeter, U.S. Department of Transportation. (Attachments: # 1 Exhibit Decl. of Martha Kenley, # 2 Exhibit Compelling Interest Report, # 3 Exhibit Wainwright Report, # 4 Exhibit Chow Report)(Rich, Robert) (Entered: 01/26/2024) 1 Exhibit Decl. of Martha Kenley View on PACER 2 Exhibit Compelling Interest Report View on PACER 3 Exhibit Wainwright Report View on PACER 4 Exhibit Chow Report View on PACER	Jan. 26, 2024	Jan. 26, 2024 RECAP
33	MOTION to Withdraw as Attorney by Mid-America Milling Company (Attachments: # 1 Proposed Order)(Lycan, David) (Entered: 01/31/2024)	Jan. 31, 2024	Jan. 31, 2024 PACER
34	NOTICE OF APPEARANCE by Bagshaw Trucking, Inc., Mid-America Milling Company. (Nemes, Jason) (Entered: 02/02/2024)	Feb. 2, 2024	Feb. 2, 2024 PACER
35	ORDER: the Motion toWithdraw 33 is DENIED. Signed by Judge Gregory F. Van Tatenhove on 2/6/2024. (CBD)cc: COR (Entered: 02/06/2024)	Feb. 6, 2024	Feb. 6, 2024 PACER
36	RESPONSE in Opposition re 31 MOTION to Dismiss by Shailen Bhatt, Peter P. Buttigieg, Todd Jeter, U.S. Department of Transportation filed by Bagshaw Trucking, Inc., Mid-America Milling Company. (Tolliver, Cara) (Entered: 02/06/2024)	Feb. 6, 2024	Feb. 6, 2024 PACER
37	MOTION to Withdraw as Attorney by Mid-America Milling Company (Attachments: # 1 Proposed Order)(Lycan, David) (Entered: 02/13/2024)	Feb. 13, 2024	Feb. 13, 2024 PACER
	***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re 37 MOTION to Withdraw as Attorney by Mid-America Milling Company (JJ)	Feb. 14, 2024	Feb. 14, 2024 PACER
38	REPLY to Response to Motion re 31 MOTION to Dismiss by Shailen Bhatt, Peter P. Buttigieg, Todd Jeter, U.S. Department of Transportation filed by Shailen Bhatt, Peter P. Buttigieg, Todd Jeter, U.S. Department of Transportation. (Rich, Robert) (Entered: 02/20/2024)	Feb. 20, 2024	Feb. 20, 2024 PACER
39	ORDER: The Court being sufficiently advised, the Motion to Withdraw D. Eric Lycan as counsel for Plaintiffs Mid-America Milling Company, LLC and Bagshaw Trucking, Inc. [R. 37 ] is GRANTED. Signed by Judge Gregory F. Van Tatenhove on 2/21/2024.(JJ)cc: COR (Entered: 02/21/2024)	Feb. 21, 2024	Feb. 21, 2024 PACER
	***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 31 MOTION to Dismiss by Shailen Bhatt, Peter P. Buttigieg, Todd Jeter, U.S. Department of Transportation (CBD)	Feb. 21, 2024	Feb. 21, 2024 PACER
	Attorney Update. Attorney David Eric Lycan terminated. (JJ)	Feb. 21, 2024	Feb. 21, 2024 PACER
40	REPLY to Response to Motion re 27 MOTION for Preliminary Injunction by Bagshaw Trucking, Inc., Mid-America Milling Company, LLC filed by Bagshaw Trucking, Inc., Mid-America Milling Company. (Attachments: # 1 Affidavit of Daniel Lennington, # 2 Exhibit A to Decl. of Daniel Lennington)(Tolliver, Cara) (Entered: 02/23/2024)	Feb. 23, 2024	Feb. 23, 2024 PACER
	***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 27 MOTION for Preliminary Injunction by Bagshaw Trucking, Inc., Mid-America Milling Company, LLC (CBD)	Feb. 26, 2024	Feb. 26, 2024 PACER
41	ORDER: It is hereby ORDERED that a MOTION HEARING on the pending 27 MOTION for Preliminary Injunction by Bagshaw Trucking, Inc., Mid-America Milling Company is SCHEDULED for 4/24/2024 at 1:30 PM in FRANKFORT before Judge Gregory F. Van Tatenhove. Signed by Judge Gregory F. Van Tatenhove on 4/12/2024.(JJ)cc: COR,Fkt (Entered: 04/12/2024)	April 12, 2024	April 12, 2024 PACER
42	NOTICE OF APPEARANCE by Shailen Bhatt, Peter P. Buttigieg, Todd Jeter, U.S. Department of Transportation. (Bae, Sosun) (Entered: 04/19/2024)	April 19, 2024	April 19, 2024 PACER
43	MINUTE ENTRY ORDER FOR MOTION HEARING RE: PRELIMINARY INJUNCTION held on 4/24/2024, before Judge Gregory F. Van Tatenhove: Plafs motion for preliminary injunction, R. 27, and Dft's Motion to Dismiss the Plaintiffs' Complaint, R. 31, are TAKEN UNDER ADVISMENT. An order outlining the Courts specific rulings is forthcoming. (Court Reporter Sandy Wilder.) Signed by Gregory F. Van Tatenhove. (MJY) cc: COR (Entered: 04/24/2024)	April 24, 2024	April 24, 2024 PACER
44	OPINION & ORDER: 1. Plaintiffs' Motion for a Preliminary Injunction [R. 27 ] is GRANTED; 2. The United States Department of Transportation, Peter Buttigieg, Shailen Bhatt, Todd Jeter, and any successors in office, are ENJOINED from mandating the use of race- and gender-based rebuttable presumptions for United States Department of Transportation contracts impacted by DBE goals upon which the Plaintiffs bid. 3. The pending Motion to Dismiss [R. 31 ] will be DENIED without prejudice pending the resolution of any interlocutory appeal of this Order. The Defendants are granted leave of the Court to refile their motion, if necessary. Signed by Judge Gregory F. Van Tatenhove on 9/23/2024.(JJ)cc: COR (Entered: 09/23/2024)	Sept. 23, 2024	Sept. 23, 2024 Clearinghouse
45	ANSWER to 1 Complaint by Shailen Bhatt, Peter P. Buttigieg, Todd Jeter, U.S. Department of Transportation.(Rich, Robert) (Entered: 10/07/2024)	Oct. 7, 2024	Oct. 7, 2024 PACER
	***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: 45 Answer to Complaint (CBD)	Oct. 7, 2024	Oct. 7, 2024 PACER
46	MOTION to Clarify by Bagshaw Trucking, Inc., Mid-America Milling Company Expedited Consideration Requested (Attachments: # 1 Affidavit Declaration of Cara Tolliver, # 2 Exhibit Exhibit A to Declaration of Cara Tolliver, # 3 Exhibit Exhibit B to Declaration of Cara Tolliver, # 4 Exhibit Exhibit C to Declaration of Cara Tolliver, # 5 Exhibit Exhibit D to Declaration of Cara Tolliver, # 6 Exhibit Exhibit E to Declaration of Cara Tolliver, # 7 Affidavit Second Declaration of Kramer Koetter, # 8 Proposed Order Proposed Order for Motion to Clarify Preliminary Injunction)(Tolliver, Cara) Modified text on 10/11/2024 (MJY). (Entered: 10/10/2024) 1 Affidavit Declaration of Cara Tolliver View on PACER 2 Exhibit Exhibit A to Declaration of Cara Tolliver View on PACER 3 Exhibit Exhibit B to Declaration of Cara Tolliver View on PACER 4 Exhibit Exhibit C to Declaration of Cara Tolliver View on PACER 5 Exhibit Exhibit D to Declaration of Cara Tolliver View on PACER 6 Exhibit Exhibit E to Declaration of Cara Tolliver View on PACER 7 Affidavit Second Declaration of Kramer Koetter View on PACER 8 Proposed Order Proposed Order for Motion to Clarify Preliminary Injunction View on PACER	Oct. 10, 2024	Oct. 10, 2024 RECAP
47	ORDER 1. Within 5 days of the entry of this Order, the Defendants SHALL responding to Motion to Clarify 46 and explaining their position on the scope of the Courts Preliminary Injunction 44 ; and 2. Plaintiff may reply within 3 days of the filing of Defendant's briefing. Signed by Judge Gregory F. Van Tatenhove on 10/11/2024.(CBD)cc: COR (Entered: 10/11/2024)	Oct. 11, 2024	Oct. 11, 2024 PACER
48	RESPONSE in Opposition re 46 MOTION to Clarify by Bagshaw Trucking, Inc., Mid-America Milling Company filed by Shailen Bhatt, Peter P. Buttigieg, Todd Jeter, U.S. Department of Transportation. (Attachments: # 1 Exhibit Decl. of Michael Harkins)(Rich, Robert) (Entered: 10/16/2024) 1 Exhibit Decl. of Michael Harkins View on PACER	Oct. 16, 2024	Oct. 16, 2024 RECAP
49	REPLY to Response to Motion re 46 MOTION to Clarify by Bagshaw Trucking, Inc., Mid-America Milling Company filed by Bagshaw Trucking, Inc., Mid-America Milling Company. (Tolliver, Cara) (Entered: 10/21/2024)	Oct. 21, 2024	Oct. 21, 2024 PACER
	***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 46 MOTION to Clarify by Bagshaw Trucking, Inc., Mid-America Milling Company (CBD)	Oct. 21, 2024	Oct. 21, 2024 PACER
50	OPINION & ORDER: 1. The Plaintiffs' Motion to Clarify [R. 46 ] is GRANTED; 2. The United States Department of Transportation, Peter Buttigieg, Shailen Bhatt, Todd Jeter, and any successors in office, are ENJOINED from mandating the use of race- and gender-based rebuttable presumptions for United States Department of Transportation contracts impacted by DBE goals upon which the Plaintiffs bid, to be effective in any state in which Plaintiffs operate or bid on such contracts. Signed by Judge Gregory F. Van Tatenhove on 10/31/2024.(JJ)cc: COR (Entered: 10/31/2024)	Oct. 31, 2024	Oct. 31, 2024 Clearinghouse
51	JOINT REPORT of Rule 26(f) Planning Meeting. (Rich, Robert) (Entered: 12/06/2024)	Dec. 6, 2024	Dec. 6, 2024 RECAP
	***FILE SUBMITTED TO CHAMBERS of Gregory F. Van Tatenhove for review: 51 Report of Rule 26(f) Planning Meeting. (MJY)	Dec. 9, 2024	Dec. 9, 2024 PACER
52	SCHEDULING ORDER: Discovery due by 7/10/2025. Amended Pleadings due by 5/22/2025. Motion to Join Additional Parties due by 5/22/2025. Dispositive Motions due by 8/11/2025. Pretrial Filings due by 12/31/2025. FINAL PRETRIAL CONFERENCE set for 1/14/2026 at 03:30 PM in FRANKFORT before Judge Gregory F. Van Tatenhove. JURY TRIAL set for 1/26/2026 at 10:00 AM in FRANKFORT before Judge Gregory F. Van Tatenhove, cousnel by 9:30 a.m. Requests to modify any dates or deadlines established by this order shall be submitted upon motion filed prior to expiration of the deadline in question, and upon showing of good cause beyond the control of counsel in the exercise of due diligence. IT IS FURTHER ORDERED that this matter is referred to a Magistrate Judge for the purpose of supervising discovery and pretrial proceedings. Signed by Judge Gregory F. Van Tatenhove on 12/12/2024.(JJ)cc: COR,Fkt (Entered: 12/12/2024)	Dec. 12, 2024	Dec. 12, 2024 RECAP
53	MOTION to Intervene by Central Seal Company, Charbon Contracting, LLC and to modify injunction Motions referred to Edward B. Atkins. (Attachments: # 1 Exhibit A - Verified Complaint, # 2 Proposed Order Granting Intervention and Modifying Injunction)(Bentley, Frederick) (Entered: 01/01/2025) 1 Exhibit A - Verified Complaint View on RECAP 2 Proposed Order Granting Intervention and Modifying Injunction View on PACER	Jan. 1, 2025	Jan. 1, 2025 RECAP
54	FRCP 7.1 DISCLOSURE STATEMENT by Central Seal Company, Charbon Contracting, LLC. (Bentley, Frederick) (Entered: 01/01/2025)	Jan. 1, 2025	Jan. 1, 2025 PACER
55	RESPONSE in Opposition re 53 MOTION to Intervene by Central Seal Company, Charbon Contracting, LLC and to modify injunction filed by Mid-America Milling Company, Bagshaw Trucking, Inc.. (Lennington, Daniel) (Entered: 01/22/2025)	Jan. 22, 2025	Jan. 22, 2025 RECAP
56	RESPONSE to 53 Motion to Intervene filed by Peter P. Buttigieg, Shailen Bhatt, Todd Jeter, U.S. Department of Transportation. (Braniff, Andrew) (Entered: 01/22/2025)	Jan. 22, 2025	Jan. 22, 2025 RECAP
57	MOTION to Intervene by National Association of Minority Contractors, Women First National Legislative Committee, Airport Minority Advisory Council, Women Construction Owners & Executives, Illinois Chapter, Upstate Steel, Inc., Atlantic Meridian Contracting Corp. Motions referred to Edward B. Atkins. (Attachments: # 1 Exhibit A - DECLARATION OF WENDELL R. STEMLEY, # 2 Exhibit B - DECLARATION OF JOANN PAYNE, # 3 Exhibit C - DECLARATION OF EBONI WIMBUSH, # 4 Exhibit D - DECLARATION OF DARRYL H. DANIELS, # 5 Exhibit E - DECLARATION OF MARY KAY MINAGHAN, # 6 Exhibit F - DECLARATION OF THERESA KERN, # 7 Exhibit G - DECLARATION OF KENNETH B. CANTY, # 8 Exhibit H - DECLARATION OF LAUREN CHMIELOWIEC, # 9 Attachment CORPORATE DISCLOSURES, # 10 Attachment PROPOSED INTERVENOR-DEFENDANT DBES ANSWER TO PLAINTIFFS COMPLAINT, # 11 Proposed Order PROPOSED ORDER)(McSwain, Douglas) (Entered: 01/24/2025)	Jan. 24, 2025	Jan. 24, 2025 PACER
58	MOTION for BROOKE MENSCHEL to Appear Pro Hac Vice by National Association of Minority Contractors, Women First National Legislative Committee, Airport Minority Advisory Council, Women Construction Owners & Executives, Illinois Chapter, Atlantic Meridian Contracting Corp. MOTION FOR PRO HAC VICE ADMISSION OF BROOKE MENSCHEL ( Filing fee $125; receipt number AKYEDC-6018734)Motions referred to Edward B. Atkins. (Attachments: # 1 Attachment certificate of good standing, # 2 Proposed Order)(McSwain, Douglas) (Entered: 01/24/2025)	Jan. 24, 2025	Jan. 24, 2025 PACER
59	MOTION for JESSICA ANNE MORTON to Appear Pro Hac Vice by National Association of Minority Contractors, Women First National Legislative Committee, Airport Minority Advisory Council, Women Construction Owners & Executives, Illinois Chapter, Atlantic Meridian Contracting Corp. MOTION FOR PRO HAC VICE ADMISSION OF JESSICA ANNE MORTON ( Filing fee $125; receipt number AKYEDC-6018735)Motions referred to Edward B. Atkins. (Attachments: # 1 Attachment certificate of good standing, # 2 Proposed Order)(McSwain, Douglas) (Entered: 01/24/2025)	Jan. 24, 2025	Jan. 24, 2025 PACER
60	MOTION for ADNAN PERWEZ to Appear Pro Hac Vice by National Association of Minority Contractors, Women First National Legislative Committee, Airport Minority Advisory Council, Women Construction Owners & Executives, Illinois Chapter, Atlantic Meridian Contracting Corp. MOTION FOR PRO HAC VICE ADMISSION OF ADNAN PERWEZ ( Filing fee $125; receipt number AKYEDC-6018736)Motions referred to Edward B. Atkins. (Attachments: # 1 Case Assignment Certificate of Good Standing, # 2 Proposed Order)(McSwain, Douglas) (Entered: 01/24/2025)	Jan. 24, 2025	Jan. 24, 2025 PACER
61	MOTION for SARAH VON DER LIPPE to Appear Pro Hac Vice by National Association of Minority Contractors, Women First National Legislative Committee, Airport Minority Advisory Council, Women Construction Owners & Executives, Illinois Chapter, Upstate Steel, Inc., Atlantic Meridian Contracting Corp. MOTION FOR PRO HAC VICE ADMISSION OF SARAH VON DER LIPPE ( Filing fee $125; receipt number AKYEDC-6018737)Motions referred to Edward B. Atkins. (Attachments: # 1 Attachment Certificate of good standing, # 2 Proposed Order)(McSwain, Douglas) (Entered: 01/24/2025)	Jan. 24, 2025	Jan. 24, 2025 PACER
62	MOTION for AUDREY WIGGINS to Appear Pro Hac Vice by National Association of Minority Contractors, Women First National Legislative Committee, Airport Minority Advisory Council, Women Construction Owners & Executives, Illinois Chapter, Upstate Steel, Inc., Atlantic Meridian Contracting Corp. MOTION FOR PRO HAC VICE ADMISSION OF AUDREY WIGGINS ( Filing fee $125; receipt number AKYEDC-6018738)Motions referred to Edward B. Atkins. (Attachments: # 1 Attachment Certificate of Good Standing, # 2 Proposed Order)(McSwain, Douglas) (Entered: 01/24/2025)	Jan. 24, 2025	Jan. 24, 2025 PACER
63	ORDER: IT IS ORDERED that the motions to appear pro hac vice, [R. 58 ; R. 59 ; R. 60 ; R. 61 ;. R. 62 ], are GRANTED. Brooke Menschel, Esq., Jessica Anne Morton, Esq., Adnan Perwez, Esq., Sarah von der Lippe, Esq., and Audrey Wiggins, Esq. are hereby admitted to practice pro hac vice for all purposes in the above-styled action. Signed by Magistrate Judge Edward B. Atkins on 1/27/2025. (JJ)cc: COR (Entered: 01/27/2025)	Jan. 27, 2025	Jan. 27, 2025 RECAP
64	ORDER: IT IS ORDERED that any Response(s) to the Proposed Intervenor Defendants Motion to Intervene, [R. 57 ], should be filed on or before WEDNESDAY, FEBRUARY 5, 2025. Any Reply should be filed on or before MONDAY, FEBRUARY 10, 2025. Signed by Magistrate Judge Edward B. Atkins on 1/27/2025.(JJ)cc: COR (Entered: 01/27/2025)	Jan. 27, 2025	Jan. 27, 2025 RECAP
	BAR STATUS Check completed as to Sarah von der Lippe, Brook Menschel, Jessica Anne Morton, Adnan Perwez, Audrey Wiggins re 61 MOTION for SARAH VON DER LIPPE to Appear Pro Hac Vice by National Association of Minority Contractors, Women First National Legislative Committee, Airport Minority Advisory Council, Women Construction Owners & Executives, Illinois Chapter, Upstate St, 59 MOTION for JESSICA ANNE MORTON to Appear Pro Hac Vice by National Association of Minority Contractors, Women First National Legislative Committee, Airport Minority Advisory Council, Women Construction Owners & Executives, Illinois Chapter, Atlantic M, 60 MOTION for ADNAN PERWEZ to Appear Pro Hac Vice by National Association of Minority Contractors, Women First National Legislative Committee, Airport Minority Advisory Council, Women Construction Owners & Executives, Illinois Chapter, Atlantic Meridian, 58 MOTION for BROOKE MENSCHEL to Appear Pro Hac Vice by National Association of Minority Contractors, Women First National Legislative Committee, Airport Minority Advisory Council, Women Construction Owners & Executives, Illinois Chapter, Atlantic Merid, 62 MOTION for AUDREY WIGGINS to Appear Pro Hac Vice by National Association of Minority Contractors, Women First National Legislative Committee, Airport Minority Advisory Council, Women Construction Owners & Executives, Illinois Chapter, Upstate Steel,. (MJY)	Jan. 27, 2025	Jan. 27, 2025 PACER
	***MOTION SUBMITTED TO CHAMBERS of Gregory F. Van Tatenhove for review: re 58 MOTION for BROOKE MENSCHEL to Appear Pro Hac Vice by National Association of Minority Contractors, Women First National Legislative Committee, Airport Minority Advisory Council, Women Construction Owners & Executives, Illinois Chapter, Atlantic Merid, 61 MOTION for SARAH VON DER LIPPE to Appear Pro Hac Vice by National Association of Minority Contractors, Women First National Legislative Committee, Airport Minority Advisory Council, Women Construction Owners & Executives, Illinois Chapter, Upstate St, 62 MOTION for AUDREY WIGGINS to Appear Pro Hac Vice by National Association of Minority Contractors, Women First National Legislative Committee, Airport Minority Advisory Council, Women Construction Owners & Executives, Illinois Chapter, Upstate Steel,, 59 MOTION for JESSICA ANNE MORTON to Appear Pro Hac Vice by National Association of Minority Contractors, Women First National Legislative Committee, Airport Minority Advisory Council, Women Construction Owners & Executives, Illinois Chapter, Atlantic M, 60 MOTION for ADNAN PERWEZ to Appear Pro Hac Vice by National Association of Minority Contractors, Women First National Legislative Committee, Airport Minority Advisory Council, Women Construction Owners & Executives, Illinois Chapter, Atlantic Meridian (MJY)	Jan. 27, 2025	Jan. 27, 2025 PACER
	NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Brooke Menschel, Jessica Anne Morton, Adnan Perwez, Sarah von der Lippe, and Audrey Wiggins re 63 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Brooke Menschel, Jessica Anne Morton, Adnan Perwez, Sarah von der Lippe, and Audrey Wiggins (JJ)	Jan. 27, 2025	Jan. 27, 2025 PACER
65	RESPONSE to Motion re 57 MOTION to Intervene by National Association of Minority Contractors, Women First National Legislative Committee, Airport Minority Advisory Council, Women Construction Owners & Executives, Illinois Chapter, Upstate Steel, Inc., Atlantic Meridian Contr filed by Central Seal Company, Charbon Contracting, LLC. (Bentley, Frederick) (Entered: 01/31/2025)	Jan. 31, 2025	Jan. 31, 2025 PACER
66	REPLY BRIEF to 53 in support of motion to intervene filed by Central Seal Company, Charbon Contracting, LLC. (Bentley, Frederick) (Entered: 02/05/2025)	Feb. 5, 2025	Feb. 5, 2025 PACER
67	RESPONSE in Opposition re 57 MOTION to Intervene by National Association of Minority Contractors, Women First National Legislative Committee, Airport Minority Advisory Council, Women Construction Owners & Executives, Illinois Chapter, Upstate Steel, Inc., Atlantic Meridian Contr filed by Mid-America Milling Company, Bagshaw Trucking, Inc.. (Tolliver, Cara) (Entered: 02/05/2025)	Feb. 5, 2025	Feb. 5, 2025 PACER
68	RESPONSE to 57 Motion to Intervene filed by Peter P. Buttigieg, Shailen Bhatt, Todd Jeter, U.S. Department of Transportation. (Rich, Robert) (Entered: 02/05/2025)	Feb. 5, 2025	Feb. 5, 2025 PACER
	***MOTION SUBMITTED TO CHAMBERS of Edward B. Atkins for review: re 53 MOTION to Intervene by Central Seal Company, Charbon Contracting, LLC and to modify injunction (MJY)	Feb. 5, 2025	Feb. 5, 2025 PACER
69	JOINT MOTION to Stay by Peter P. Buttigieg, Shailen Bhatt, Todd Jeter, U.S. Department of Transportation Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order)(Rich, Robert) (Entered: 02/10/2025) 1 Proposed Order View on RECAP	Feb. 10, 2025	Feb. 10, 2025 RECAP
70	REPLY to 57, 64 REPLY IN SUPPORT OF MOTION TO INTERVENE filed by National Association of Minority Contractors, Women First National Legislative Committee, Airport Minority Advisory Council, Women Construction Owners & Executives, Illinois Chapter, Upstate Steel, Inc., Atlantic Meridian Contracting Corp.. (McSwain, Douglas) (Entered: 02/10/2025)	Feb. 10, 2025	Feb. 10, 2025 PACER
71	UNOPPOSED MOTION for Extension of Time by Peter P. Buttigieg, Shailen Bhatt, Todd Jeter, U.S. Department of Transportation to Serve Written Discovery Requests Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order)(Rich, Robert) (Entered: 02/10/2025)	Feb. 10, 2025	Feb. 10, 2025 PACER
72	RESPONSE to 69 INTERVENOR DBES RESPONSE TO PARTIES JOINT MOTION TO STAY filed by National Association of Minority Contractors, Women First National Legislative Committee, Airport Minority Advisory Council, Women Construction Owners & Executives, Illinois Chapter, Upstate Steel, Inc., Atlantic Meridian Contracting Corp.. (Attachments: # 1 Proposed Order)(McSwain, Douglas) (Entered: 02/11/2025)	Feb. 11, 2025	Feb. 11, 2025 PACER
73	RESPONSE to 69 Joint Motion to Stay filed by Central Seal Company, Charbon Contracting, LLC. (Bentley, Frederick) (Entered: 02/11/2025)	Feb. 11, 2025	Feb. 11, 2025 PACER
	***MOTION SUBMITTED TO CHAMBERS of Edward B. Atkins for review: re 71 UNOPPOSED MOTION for Extension of Time by Peter P. Buttigieg, Shailen Bhatt, Todd Jeter, U.S. Department of Transportation to Serve Written Discovery Requests, 57 MOTION to Intervene by National Association of Minority Contractors, Women First National Legislative Committee, Airport Minority Advisory Council, Women Construction Owners & Executives, Illinois Chapter, Upstate Steel, Inc., Atlantic Meridian Contr (MJY)	Feb. 11, 2025	Feb. 11, 2025 PACER
	***MOTION SUBMITTED TO CHAMBERS of Gregory F. Van Tatenhove for review: re 69 JOINT MOTION to Stay by Peter P. Buttigieg, Shailen Bhatt, Todd Jeter, U.S. Department of Transportation. (MJY)	Feb. 11, 2025	Feb. 11, 2025 PACER
	***MOTION SUBMITTED TO CHAMBERS of Gregory F. Van Tatenhove for review: re 69 JOINT MOTION to Stay by Peter P. Buttigieg, Shailen Bhatt, Todd Jeter, U.S. Department of Transportation. (MJY)	Feb. 11, 2025	Feb. 11, 2025 PACER
	***FILE SUBMITTED TO CHAMBERS of Gregory F. Van Tatenhove for review: 72 RESPONSE, 73 RESPONSE (MJY)	Feb. 12, 2025	Feb. 12, 2025 PACER
74	VIRTUAL ORDER: granting 71 UNOPPOSED MOTION for Extension of Time by Peter P. Buttigieg, Shailen Bhatt, Todd Jeter, U.S. Department of Transportation to Serve Written Discovery Requests. Signed by Magistrate Judge Edward B. Atkins on 2/14/2025. (JJ)cc: COR (Entered: 02/14/2025)	Feb. 14, 2025	Feb. 14, 2025 PACER

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Case Details

State / Territory: Kentucky

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations Involving the Government

Anti-discrimination case

Trump Administration 2.0: Reversing Course on Existing Litigation

Deregulation

Key Dates

Filing Date: Oct. 26, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Private companies that participate in federally financed road construction projects and are qualified, willing, and able to apply for federal highway and surface transportation contracts.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Transportation (- United States (national) -), Federal

Defendant Type(s):

Transportation

Case Details

Causes of Action: