Case: Brigida v. United States Department of Transportation

1:16-cv-02227 | U.S. District Court for the District of District of Columbia

Filed Date: Dec. 30, 2015

Case Ongoing

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Case Summary

Historically, the Federal Aviation Administration (FAA) has hired air traffic who graduated from programs accredited by the FAA's Collegiate Training Initiative (CTI) and passed an aptitude test. CTI graduates who passed the aptitude test were placed on a “qualified applicant register” list and given preference in the hiring process. In 2013, Andrew Brigida graduated from Arizona State University, a CTI institution, which recommended him to the FAA. Brigida passed the aptitude test and was plac…

In 2013, Andrew Brigida graduated from Arizona State University, a CTI institution, which recommended him to the FAA. Brigida passed the aptitude test and was placed on the qualified applicant register. In late 2013, however, the FAA changed its process for hiring air traffic controllers; instead of hiring from the qualified applicant register, the FAA required all applicants to apply through a nationwide vacancy announcement. Under the new process, applicants first completed a “biographical questionnaire,” and if the applicant “passed” the biographical questionnaire and otherwise qualified they then took the cognitive portion of the aptitude test.

According to Brigida, in late January 2014, the FAA informed him that he would need to apply under the new hiring process if he still wished to be considered for an open air traffic controller position. In February 2014, Brigida reapplied and took the biographical questionnaire. According to Brigida, the FAA notified him in February 2014 that he had failed the biographical questionnaire and was ineligible for hire.

Thereafter, on December 30, 2015, Brigida filed suit in the U.S. District Court for the District of Arizona on behalf of himself and a putative class against the U.S. Department of Transportation (DOT), the Secretary of Transportation, the FAA, the FAA Administrator, and the head of the DOT’s Office of Civil Rights. The complaint asserted that the FAA’s new hiring process discriminated on the basis of race in violation of Title VII and the Fifth Amendment’s Equal Protection Clause. The complaint also included a claim under the Administrative Procedure Act for failure to complete administrative action arising out of an Equal Employment Opportunity complaint Brigida filed with the DOT that had remained pending since April 2014. Represented by the non-profit Mountain States Legal Foundation and private counsel, Brigida sought declaratory and injunctive relief, as well as damages including, but not limited to, back pay, front pay, hiring, and reinstatement. The case was assigned to District Judge Douglas L. Rayes.

Brigida filed his first amended complaint on April 18, 2016, in which he included additional allegations to support and clarify his second and third claims for relief. The amended complaint also included as additional defendants the Equal Employment Opportunity Commission (EEOC) and the Chair of the EEOC.

On June 7, 2016, Judge Rayes issued an order staying the action pending anticipated legislative action reauthorizing the FAA which, the parties believed, could result in the modification of FAA’s hiring practices. The FAA Extension, Safety, and Security Act of 2016 was signed into law on July 15, 2016. The Act established a new hiring scheme that required the FAA to give preference to experienced air traffic controllers and to then consider additional applicants by referring them to two hiring pools. Pool 1 would contain eligible veterans and CTI graduates recommended by their institutions while Pool 2 would contain members of the general public who apply pursuant to a vacancy announcement. Importantly, the Act prohibited the FAA from using a “biological assessment” when hiring experienced applicants or those in Pool 1. The Act also required the FAA to give experienced controllers, CTI graduates, and military veterans who were disqualified from the hiring process in 2014 due to the biographical assessment the opportunity to reapply under the new hiring scheme.

Brigida filed a second amened complaint on August 19, 2016, addressing the congressional action detailed above and alleging that the Act did not provide adequate relief on his Title VII and Fifth Amendment claims. The complaint did, however, dismiss the third claim for relief as a result of a June 30, 2016, order by an administrative law judge dismissing Brigida’s EEO complaint. As such, the complaint also dismissed as defendants the EEOC and the EEOC chair.

Thereafter, on September 16, 2016, the government filed a motion to dismiss Brigida’s Fifth Amendment claim, to dismiss all defendants other than the Secretary of Transportation, to dismiss requests for relief that conflict with Title VII, and to transfer the action to the U.S. District Court for the District of Columbia. Judge Rayes entered an order on November 7, 2016, granting the motion. The order dismissed Brigida's equal protection claim, dismissed all of the defendants except the Secretary of Transportation, struck Brigida's request for equitable relief, and transferred the action as requested. 2016 WL 6577062.

In the D.C. district court, this case was initially assigned to District Judge Tanya S. Chutkan. Brigida filed a motion for reconsideration on December 2, 2016, asking the court to restore his request for equitable relief stricken by the prior order or, in the alternative, to restore his Fifth Amendment equal protection claim.

On December 4, 2017, this case was reassigned to District Judge Dabney L. Friedrich. After a May 7, 2018, hearing on the motion for reconsideration, Judge Friedrich issued an order granting Brigida’s motion for reconsideration on May 31, 2018. 2018 WL 11389503.

On July 12, 2018, Judge Friedrich entered an order staying litigation in this case while the parties attempted to negotiate a settlement. She set an August 9, 2018, deadline for either party to file a status report or, in the absence of settlement progress, for the defendants to file an answer. The defendants filed an answer and in a August 31, 2018, meet and confer report Brigida reported to the court that he felt it prudent to move forward with litigating the case while continuing to engage in settlement talks.

Brigida filed a third amended complaint on September 7, 2018, seeking to add additional class agents. However, Judge Friedrich entered an order on October 12, 2018, striking the complaint, which was filed without leave of court or the government’s written consent. After receiving the court’s permission, Brigida re-filed the amended complaint on October 23, 2018.

Brigida and three other named plaintiffs filed a motion for class certification on November 12, 2018. The motion sought certification of a class consisting of all persons who met the requirements for graduation from an FAA-approved CTI program and U.S. Office of Personnel Management qualification standards for employment as an air traffic control specialist on, or prior to, December 31, 2013 and who: (1) were on, or eligible to be on, the FAA’s AT-CTI Qualified Applicant Register; (2) received, or was eligible to receive, a recommendation from an AT-CTI institution; and (3) have not been employed by the FAA as an air traffic control series, GS2152, air traffic control specialist. The motion estimated that the size of this class would be around 2,600 individuals.

Judge Friedrich entered an order on September 13, 2019, denying the motion for class certification without prejudice. During the hearing on the motion, Judge Friedrich expressed concern that the motion was inconsistent with the most recently amended complaint and that, even if it were consistent, there were three problems that could make the class inconsistent with the commonality, typicality, and adequacy requirements of Rule 23: (1) it would include African Americans whose interests would not be adequately represented; (2) it would include those who voluntarily chose not to apply for a controller position or who withdrew their application after successfully obtaining an offer; and (3) it would include individuals who did not receive a recommendation from their school. Judge Friedrich gave the plaintiffs permission to file another motion for leave to amend their complaint in an effort to address some of her concerns.

Brigida filed a motion to amend his complaint on November 1, 2019, which Judge Friedrich denied on April 5, 2020. 2020 WL 12848947. He then filed another motion to amend on April 29, 2020. The government opposed the motion and responded with a motion to strike the class allegations on the grounds that the claims would be futile. Judge Friedrich entered an opinion and order on October 12, 2020, granting in part and denying in part the motion to amend and denying the government’s motion to strike. 2020 WL 12848946.

Brigida filed his fourth amended complaint on October 27, 2020, in which he and one other named plaintiff, Matthew Douglas-Cook, sought to represent a class of approximately 1,000 to 1,500 non-African American CTI students who applied to the FAA in 2014. The complaint included as its sole claim for relief alleged violations of Title VII.

The government filed a motion to dismiss on November 13, 2020, asserting that “an employer’s decision to broaden the pool of potential applicants between rounds of hiring is not a personnel action cognizable under Title VII.” The government also asserted that because the plaintiffs graduated in 2013, before the FAA revised its hiring procedures, and never applied under the old hiring process, the revision “was not, by itself, a cognizable ‘personnel action.’” Judge Friedrich denied the motion to dismiss in an opinion issued May 12, 2021. 538 F.Supp.3d 12.

Plaintiffs Brigida and Douglas-Cook filed a motion for class certification on September 10, 2021, in line with the narrower class definition set out in the fourth amended complaint. Judge Friedrich issued an order on February 1, 2022, granting the motion and certifying the following class: all non-African American CTI graduates who, by February 10, 2024, graduated from a CTI program between 2009-2013 and passed the AT-SAT; applied to be an air traffic controller trainee through the 2014 vacancy announcement but failed the biographical questionnaire and was therefore not hired; and have never been offered employment as an FAA air traffic controller. As certified, the class excluded CTI graduates who were not U.S. citizens as of February 10, 2014, who by February 21, 2014, had reached 31 years of age (or 35 if they had 52 consecutive weeks of prior air traffic control experience); whose academic records as of February 21, 2014, explicitly stated that they were ineligible to receive a letter of recommendation from their CTI school; or whose AT-SAT scored had expired as of February 21, 2014.

During 2023 and 2024, the parties simultaneously engaged in court-ordered settlement negotiations as well as fact discovery. In an order issued on August 2, 2024, Judge Friedrich established a schedule for the completion of fact and expert discovery in September 2024 and May 2025, respectively. The schedule also set June 2025 deadlines for the parties to file any summary judgment motions.

As of February 2025, this case remains ongoing.

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Summary Authors

Logan Moore (2/2/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4542755/parties/brigida-v-united-states-department-of-transportation/

Judge(s)

Attorney for Plaintiff

Adkisson, Samuel Dawson (District of Columbia)

Bartkus, Corey Christopher (District of Columbia)

Block, Grady (District of Columbia)

Brown, Zhonette M. (District of Columbia)

Attorney for Defendant

Bailey, Clayton Louis (District of Columbia)

Judge(s)

Rayes, Douglas Leroy (Arizona)

Attorney for Plaintiff

Adkisson, Samuel Dawson (District of Columbia)

Bartkus, Corey Christopher (District of Columbia)

Block, Grady (District of Columbia)

Brown, Zhonette M. (District of Columbia)

Colatriano, Vincent John (District of Columbia)

Corrigan, Christian Brian (District of Columbia)

Einterz, Johanna Marie (District of Columbia)

Erhardt, Erin M. (District of Columbia)

Lechner, Steven James (District of Columbia)

McCoy, Jeffrey W (District of Columbia)

McDonald, David C. (District of Columbia)

Nation, Donald Sean (District of Columbia)

Patterson, Peter A. (District of Columbia)

Pearson, Michael W. (District of Columbia)

Pendley, William Perry (District of Columbia)

Sheldon, Brian Gregg (District of Columbia)

Thompson, David Henry (District of Columbia)

Trachman, William Edward (District of Columbia)

Attorney for Defendant

Bailey, Clayton Louis (District of Columbia)

Drezner, Michael Leon (District of Columbia)

Enlow, Courtney Danielle (District of Columbia)

Garg, Arjun (District of Columbia)

McGlinchy, James C. (District of Columbia)

Saslaw, Alexandra Rachel (District of Columbia)

Silverberg, Cameron Drew (District of Columbia)

Snyder, Hilarie Elise (District of Columbia)

Thorp, Galen Nicholas (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
18 2:15-cv-02654	First Amended Class Action Complaint for Declaratory and Injunctive Relief and Damages U.S. District Court for the District of Arizona	April 18, 2016	April 18, 2016 Complaint
17-1 2:15-cv-02654	First Amended Class Action Complaint for Declaratory and Injunctive Relief and Damages U.S. District Court for the District of Arizona	April 18, 2016	April 18, 2016 Complaint
25-1 2:15-cv-02654	Second Amended and Supplemental Class Action Complaint for Declaratory and Injunctive Relief and Damages U.S. District Court for the District of Arizona	Aug. 19, 2016	Aug. 19, 2016 Complaint
33 2:15-cv-02654	Order U.S. District Court for the District of Arizona	Nov. 7, 2016	Nov. 7, 2016 Order/Opinion 2016 WL 6577062
50 1:16-cv-02227	Memorandum Opinion and Order	May 31, 2018	May 31, 2018 Order/Opinion 2018 WL 11389503
61 1:16-cv-02227	Third Amended and Supplemental Class Action Complaint for Declaratory and Injunctive Relief and Damages	Sept. 7, 2018	Sept. 7, 2018 Complaint
66 1:16-cv-02227	Order	Oct. 12, 2018	Oct. 12, 2018 Order/Opinion
68 1:16-cv-02227	Third Amended and Supplemental Class Action Complaint for Declaratory and Injunctive Relief	Oct. 23, 2018	Oct. 23, 2018 Complaint
114 1:16-cv-02227	Fourth Amended and Supplemental Class Action Complaint	Oct. 27, 2020	Oct. 27, 2020 Complaint
129 1:16-cv-02227	Order	May 12, 2021	May 12, 2021 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4542755/brigida-v-united-states-department-of-transportation/

Last updated April 16, 2025, 8:30 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT. Filing fee received: $400.00, receipt number 0970-12474708 filed by Andrew J Brigida. (submitted by Jeffrey McCoy) (Attachments: # 1 Civil Cover Sheet)(REK) [Transferred from Arizona on 11/8/2016.] (Entered: 12/30/2015) 1 Civil Cover Sheet View on RECAP	Dec. 30, 2015	Dec. 30, 2015 Clearinghouse
2	SUMMONS Submitted by Andrew J Brigida. (submitted by Jeffrey McCoy) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(REK) [Transferred from Arizona on 11/8/2016.] (Entered: 12/30/2015) 1 Summons View on RECAP 2 Summons View on RECAP 3 Summons View on RECAP 4 Summons View on RECAP 5 Summons View on RECAP 6 Summons View on RECAP	Dec. 30, 2015	Dec. 30, 2015 RECAP
3	Filing fee paid, receipt number 0970-12474708. This case has been assigned to the Honorable Douglas L. Rayes. All future pleadings or documents should bear the correct case number: CV-15-02654-PHX-DLR. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) [Transferred from Arizona on 11/8/2016.] (Entered: 12/30/2015)	Dec. 30, 2015	Dec. 30, 2015 RECAP
4	MOTION for Admission Pro Hac Vice as to attorney Jeffrey Wilson McCoy on behalf of Andrew J Brigida. (BAS) [Transferred from Arizona on 11/8/2016.] (Entered: 12/30/2015)	Dec. 30, 2015	Dec. 30, 2015 RECAP
5	MOTION for Admission Pro Hac Vice as to attorney Steven James Lechner on behalf of Andrew J Brigida. (BAS) [Transferred from Arizona on 11/8/2016.] (Entered: 12/30/2015)	Dec. 30, 2015	Dec. 30, 2015 RECAP
6	Summons Issued as to Federal Aviation Administration, Anthony R Foxx, Michael P Huerta, Stephanie Jones, United States Department of Transportation, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(REK) [Transferred from Arizona on 11/8/2016.] (Entered: 12/30/2015) 1 Summons View on RECAP 2 Summons View on RECAP 3 Summons View on RECAP 4 Summons View on RECAP 5 Summons View on RECAP 6 Summons View on RECAP	Dec. 30, 2015	Dec. 30, 2015 RECAP
7	NOTICE TO FILER OF DEFICIENCY re: 1 Complaint filed by Andrew J Brigida. Document not in compliance with LRCiv 7.1(c) - Documents shall be converted to PDF directly from a word processing program and per Administrative Policies and Procedures Manual must be text searchable. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK) [Transferred from Arizona on 11/8/2016.] (Entered: 12/30/2015)	Dec. 30, 2015	Dec. 30, 2015 PACER
8	ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Douglas L Rayes on 1/5/2016. (MMO) [Transferred from Arizona on 11/8/2016.] (Entered: 01/05/2016)	Jan. 5, 2016	Jan. 5, 2016 RECAP
9	MOTION for Admission Pro Hac Vice as to attorney Jeffrey Wilson McCoy on behalf of Andrew J Brigida. (BAS) [Transferred from Arizona on 11/8/2016.] (Entered: 01/06/2016)	Jan. 6, 2016	Jan. 6, 2016 RECAP
	PRO HAC VICE FEE PAID. $ 35, receipt number PHX166903 as to Jeffrey Wilson McCoy. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from Arizona on 11/8/2016.]	Jan. 6, 2016	Jan. 6, 2016 PACER
10	MOTION for Admission Pro Hac Vice as to attorney Steven J Lechner on behalf of Andrew J Brigida. (BAS) [Transferred from Arizona on 11/8/2016.] (Entered: 01/06/2016)	Jan. 6, 2016	Jan. 6, 2016 RECAP
	PRO HAC VICE FEE PAID. $ 35, receipt number PHX166904 as to Steven James Lechner. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from Arizona on 11/8/2016.]	Jan. 6, 2016	Jan. 6, 2016 PACER
11	ORDER pursuant to General Order 09-08 granting 4 Motion for Admission Pro Hac Vice; granting 5 Motion for Admission Pro Hac Vice; terminating 9 Motion for Admission Pro Hac Vice; terminating 10 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) [Transferred from Arizona on 11/8/2016.] (Entered: 01/06/2016)	Jan. 6, 2016	Jan. 6, 2016 PACER
12	NOTICE re: Certificate of Service by Andrew J Brigida re: 8 Order re Rule 12(b) Motions . (McCoy, Jeffrey) [Transferred from Arizona on 11/8/2016.] (Entered: 01/06/2016)	Jan. 6, 2016	Jan. 6, 2016 RECAP
13	NOTICE OF ATTORNEY APPEARANCE: Arjun Garg appearing for Federal Aviation Administration, Anthony R Foxx, Michael P Huerta, Stephanie Jones, United States Department of Transportation. . (Garg, Arjun) [Transferred from Arizona on 11/8/2016.] (Entered: 02/23/2016)	Feb. 23, 2016	Feb. 23, 2016 RECAP
14	STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT . (Attachments: # 1 Text of Proposed Order)(Garg, Arjun) [Transferred from Arizona on 11/8/2016.] (Entered: 02/23/2016) 1 Text of Proposed Order View on RECAP	Feb. 23, 2016	Feb. 23, 2016 RECAP
15	ORDER pursuant to the parties' 14 Stipulation to Extend Time to Respond to the Complaint: Defendants' deadline to respond to the complaint shall be up to and including 4/18/2016. Signed by Judge Douglas L Rayes on 2/26/2016. (MMO) [Transferred from Arizona on 11/8/2016.] (Entered: 02/29/2016)	Feb. 29, 2016	Feb. 29, 2016 RECAP
16	* SERVICE EXECUTED filed by Andrew J Brigida: Certified Mail Receipt re: Complaint upon U.S. Agencies and Officers on Final Defendant Served February 17, 2016. (Attachments: # 1 Summons Executed Summons Civil Process Clerk, # 2 Summons Executed Summons FAA, # 3 Summons Executed Summons Anthony Foxx, # 4 Summons Executed Summons Michael Huerta, # 5 Summons Executed Summons Stephanie Jones, # 6 Summons Executed Summons U.S. Department of Transportation)(McCoy, Jeffrey) Modified on 3/15/2016 (LAD). * Note: Attorney General Lynch served 1/15/16; US Attorney, Civil Process Clerk, served 1/11/16; Federal Aviation Administration served 1/14/16; Anthony R. Foxx, Secretary of US Department of Transportation served 1/28/16; Michael Huerta, Administrator of Federal Aviation Administration, served on 1/12/16; Stephanie Jones, Acting Director, US Department of Transportation, served 1/12/16; US Department of Transportation served on 2/17/16. [Transferred from Arizona on 11/8/2016.] (Entered: 03/15/2016) 1 Summons Executed Summons Civil Process Clerk View on RECAP 2 Summons Executed Summons FAA View on RECAP 3 Summons Executed Summons Anthony Foxx View on RECAP 4 Summons Executed Summons Michael Huerta View on RECAP 5 Summons Executed Summons Stephanie Jones View on RECAP 6 Summons Executed Summons U.S. Department of Transportation View on RECAP	March 15, 2016	March 15, 2016 RECAP
17	NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Andrew J Brigida Notice of Filing First Amended Class Action Complaint for Declaratory and Injunctive Relief and Damages. (Attachments: # 1 First Amended Complaint With Changes, # 2 Exhibit Exhibit 1 to First Amended Complaint, # 3 Exhibit Exhibit 2 to First Amended Complaint, # 4 Exhibit Exhibit 3 to First Amended Complaint, # 5 Exhibit Exhibit 4 to First Amended Complaint, # 6 Exhibit Exhibit 5 to First Amended Complaint, # 7 Exhibit Exhibit 6 to First Amended Complaint, # 8 Exhibit Exhibit 7 to First Amended Complaint, # 9 Exhibit Exhibit 8 to First Amended Complaint, # 10 Exhibit Exhibit 9 to First Amended Complaint)(McCoy, Jeffrey) [Transferred from Arizona on 11/8/2016.] (Entered: 04/18/2016) 1 First Amended Complaint With Changes View on Clearinghouse 2 Exhibit Exhibit 1 to First Amended Complaint View on RECAP 3 Exhibit Exhibit 2 to First Amended Complaint View on RECAP 4 Exhibit Exhibit 3 to First Amended Complaint View on RECAP 5 Exhibit Exhibit 4 to First Amended Complaint View on RECAP 6 Exhibit Exhibit 5 to First Amended Complaint View on RECAP 7 Exhibit Exhibit 6 to First Amended Complaint View on RECAP 8 Exhibit Exhibit 7 to First Amended Complaint View on RECAP 9 Exhibit Exhibit 8 to First Amended Complaint View on RECAP 10 Exhibit Exhibit 9 to First Amended Complaint View on RECAP	April 18, 2016	April 18, 2016 RECAP
18	AMENDED COMPLAINT First Amended Class Action Complaint for Declaratory and Injunctive Relief and Damages against All Defendants filed by Andrew J Brigida. (Attachments: # 1 Exhibit Exhibit 1 to First Amended Complaint, # 2 Exhibit Exhibit 2 to First Amended Complaint, # 3 Exhibit Exhibit 3 to First Amended Complaint, # 4 Exhibit Exhibit 4 to First Amended Complaint, # 5 Exhibit Exhibit 5 to First Amended Complaint, # 6 Exhibit Exhibit 6 to First Amended Complaint, # 7 Exhibit Exhibit 7 to First Amended Complaint, # 8 Exhibit Exhibit 8 to First Amended Complaint, # 9 Exhibit Exhibit 9 to First Amended Complaint)(McCoy, Jeffrey) [Transferred from Arizona on 11/8/2016.] (Entered: 04/18/2016) 1 Exhibit Exhibit 1 to First Amended Complaint View on RECAP 2 Exhibit Exhibit 2 to First Amended Complaint View on RECAP 3 Exhibit Exhibit 3 to First Amended Complaint View on RECAP 4 Exhibit Exhibit 4 to First Amended Complaint View on RECAP 5 Exhibit Exhibit 5 to First Amended Complaint View on RECAP 6 Exhibit Exhibit 6 to First Amended Complaint View on RECAP 7 Exhibit Exhibit 7 to First Amended Complaint View on RECAP 8 Exhibit Exhibit 8 to First Amended Complaint View on RECAP 9 Exhibit Exhibit 9 to First Amended Complaint View on RECAP	April 18, 2016	April 18, 2016 Clearinghouse
19	STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: 18 Amended Complaint . (Attachments: # 1 Text of Proposed Order)(Garg, Arjun) [Transferred from Arizona on 11/8/2016.] (Entered: 04/27/2016) 1 Text of Proposed Order View on RECAP	April 27, 2016	April 27, 2016 RECAP
20	ORDER: IT IS ORDERED granting 19 the parties' Stipulation to Extend Time to Respond to First Amended Complaint. Defendants' deadline to respond to Plaintiffs' First Amended Class Action Complaint shall be June 10, 2016. IT IS FURTHER ORDERED that if Defendants respond to the First Amended Class Action Complaint with a motion asserting any defense under Federal Rule of Civil Procedure 12(b), then Defendants shall have until 14 days after the Court resolves that motion to file an answer to any portion of the First Amended Complaint. Signed by Judge Douglas L Rayes on 4/28/16. (JAMA) [Transferred from Arizona on 11/8/2016.] (Entered: 04/28/2016)	April 28, 2016	April 28, 2016 RECAP
21	STIPULATION to Stay Proceedings by Equal Employment Opportunity Commission, Federal Aviation Administration, Anthony R Foxx, Michael P Huerta, Stephanie Jones, United States Department of Transportation, Jenny R Yang. (Attachments: # 1 Text of Proposed Order)(Garg, Arjun) [Transferred from Arizona on 11/8/2016.] (Entered: 06/03/2016) 1 Text of Proposed Order View on RECAP	June 3, 2016	June 3, 2016 RECAP
22	ORDER pursuant to the parties' 21 Stipulation to Stay Proceedings: Defendants' existing 6/10/2016 deadline to respond to Plaintiff's First Amended Class Action Complaint is VACATED. Status Report due no later than the earlier of two weeks after the enactment into law of legislation reauthorizing the FAA past 7/15/2016, or 7/29/2016. All proceedings in this action are STAYED. Signed by Judge Douglas L Rayes on 6/7/2016. (MMO) [Transferred from Arizona on 11/8/2016.] (Entered: 06/07/2016)	June 7, 2016	June 7, 2016 RECAP
23	STATUS REPORT by Equal Employment Opportunity Commission, Federal Aviation Administration, Anthony R Foxx, Michael P Huerta, Stephanie Jones, United States Department of Transportation, Jenny R Yang. (Attachments: # 1 Text of Proposed Order)(Garg, Arjun) [Transferred from Arizona on 11/8/2016.] (Entered: 07/29/2016) 1 Text of Proposed Order View on RECAP	July 29, 2016	July 29, 2016 RECAP
24	ORDER that Plaintiff's deadline to amend the First Amended Class Action Complaint shall be 8/19/2016. FURTHER ORDERED that Defendants' deadline to move, answer, or otherwise respond to the amended complaint shall be 9/16/2016. Signed by Judge Douglas L Rayes on 8/2/2016. (MMO) [Transferred from Arizona on 11/8/2016.] (Entered: 08/02/2016)	Aug. 2, 2016	Aug. 2, 2016 RECAP
25	NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Andrew J Brigida Second Amended and Supplemental Complaint. (Attachments: # 1 Second Amended and Supplemental Complaint with Changes, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, # 10 Exhibit Exhibit 9)(McCoy, Jeffrey) [Transferred from Arizona on 11/8/2016.] (Entered: 08/19/2016) 1 Second Amended and Supplemental Complaint with Changes View on Clearinghouse 2 Exhibit Exhibit 1 View on RECAP 3 Exhibit Exhibit 2 View on RECAP 4 Exhibit Exhibit 3 View on RECAP 5 Exhibit Exhibit 4 View on RECAP 6 Exhibit Exhibit 5 View on RECAP 7 Exhibit Exhibit 6 View on RECAP 8 Exhibit Exhibit 7 View on RECAP 9 Exhibit Exhibit 8 View on RECAP 10 Exhibit Exhibit 9 View on RECAP	Aug. 19, 2016	Aug. 19, 2016 RECAP
26	*STRICKEN IN PART per 33 Order*AMENDED COMPLAINT Second Amended and Supplemental Complaint against Federal Aviation Administration, Anthony R Foxx, Michael P Huerta, Stephanie Jones, United States Department of Transportation filed by Andrew J Brigida. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9)(McCoy, Jeffrey) Modified on 11/7/2016 (REK). [Transferred from Arizona on 11/8/2016.] (Entered: 08/19/2016) 1 Exhibit Exhibit 1 View on RECAP 2 Exhibit Exhibit 2 View on RECAP 3 Exhibit Exhibit 3 View on RECAP 4 Exhibit Exhibit 4 View on RECAP 5 Exhibit Exhibit 5 View on RECAP 6 Exhibit Exhibit 6 View on RECAP 7 Exhibit Exhibit 7 View on RECAP 8 Exhibit Exhibit 8 View on RECAP 9 Exhibit Exhibit 9 View on RECAP	Aug. 19, 2016	Aug. 19, 2016 RECAP
27	* MOTION to Dismiss Counts/Claims : Second Claim and Request for Improper Relief, MOTION to Dismiss Party U.S. Department of Transportation, Federal Aviation Administration, Michael Huerta, and Stephanie Jones, MOTION to Change Venue/Transfer Case to U.S. District Court for the District of Columbia by Federal Aviation Administration, Anthony R Foxx, Michael P Huerta, Stephanie Jones, United States Department of Transportation. (Attachments: # 1 Affidavit of Rickie P. Cannon, # 2 Supplement Certification of Conferral, # 3 Text of Proposed Order)(Garg, Arjun). *Added MOTION to Dismiss for Failure to State a Claim on 9/19/2016 (REK). [Transferred from Arizona on 11/8/2016.] (Entered: 09/16/2016) 1 Affidavit of Rickie P. Cannon View on RECAP 2 Supplement Certification of Conferral View on RECAP 3 Text of Proposed Order View on RECAP	Sept. 16, 2016	Sept. 16, 2016 RECAP
28	ORDER SETTING RULE 16 SCHEDULING CONFERENCE: A Scheduling Conference is set for 11/22/2016 at 09:30 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. Signed by Judge Douglas L. Rayes on 9/20/16. (CLB)[Transferred from Arizona on 11/8/2016.] (Entered: 09/20/2016)	Sept. 20, 2016	Sept. 20, 2016 RECAP
29	RESPONSE to Motion re: 27 MOTION to Dismiss Counts/Claims : Second Claim and Request for Improper Relief MOTION to Dismiss Party U.S. Department of Transportation, Federal Aviation Administration, Michael Huerta, and Stephanie Jones MOTION to Change Venue/Transfer Case to U.S. District Court for the District of Columbia MOTION to Dismiss for Failure to State a Claim filed by Andrew J Brigida. (Attachments: # 1 Exhibit Declaration of Andrew Brigida)(McCoy, Jeffrey) [Transferred from Arizona on 11/8/2016.] (Entered: 09/30/2016) 1 Exhibit Declaration of Andrew Brigida View on RECAP	Sept. 30, 2016	Sept. 30, 2016 RECAP
30	REPLY to Response to Motion re: 27 MOTION to Dismiss Counts/Claims : Second Claim and Request for Improper Relief MOTION to Dismiss Party U.S. Department of Transportation, Federal Aviation Administration, Michael Huerta, and Stephanie Jones MOTION to Change Venue/Transfer Case to U.S. District Court for the District of Columbia MOTION to Dismiss for Failure to State a Claim filed by Federal Aviation Administration, Anthony R Foxx, Michael P Huerta, Stephanie Jones, United States Department of Transportation. (Garg, Arjun) [Transferred from Arizona on 11/8/2016.] (Entered: 10/11/2016)	Oct. 11, 2016	Oct. 11, 2016 RECAP
31	MOTION to Vacate 28 Order, Set/Reset Hearings Unopposed Motion to Vacate Scheduling Conference and Related Deadlines by Andrew J Brigida. (Attachments: # 1 Text of Proposed Order)(McCoy, Jeffrey) [Transferred from Arizona on 11/8/2016.] (Entered: 10/28/2016) 1 Text of Proposed Order View on RECAP	Oct. 28, 2016	Oct. 28, 2016 RECAP
32	ORDER granting 31 Unopposed Motion to Vacate Scheduling Conference and Related Deadlines. Rule 16 Scheduling Conference set for 11/22/2016 at 9:30 AM and all other deadlines listed in the Court's 9/20/2016 Order Setting Rule 16 Scheduling Conference, (Doc. 28 ), are VACATED. Signed by Judge Douglas L Rayes on 10/31/2016. (MMO) [Transferred from Arizona on 11/8/2016.] (Entered: 11/01/2016)	Nov. 1, 2016	Nov. 1, 2016 RECAP
33	ORDER: Defendants' motion to dismiss, (Doc. 27 ), is GRANTED. Count two of the Second Amended and Supplemental Complaint is DISMISSED. Defendants U.S. Department of Transportation, Federal Aviation Administration, Michael Huerta, and Stephanie Jones are DISMISSED. Plaintiff's request that the Qualified Applicant Register be reinstated and that hiring preference be given to CTI graduates who passed the AT-SAT is STRICKEN from the Second Amended and Supplemental Complaint. This Clerk is directed to TRANSFER this action to the United States District Court for the District of Columbia. Signed by Judge Douglas L Rayes on 11/04/2016. (REK) [Transferred from Arizona on 11/8/2016.] (Entered: 11/07/2016)	Nov. 7, 2016	Nov. 7, 2016 Clearinghouse
34	Case transferred in from District of Arizona; Case Number 2:15-cv-02654. Original file certified copy of transfer order and docket sheet received. Modified on 11/8/2016 (zrdj). (Entered: 11/08/2016)	Nov. 7, 2016	Nov. 7, 2016 RECAP
35	ORDER: Status Conference set for 12/9/2016 at 11:00 AM in Courtroom 2 before Judge Tanya S. Chutkan. Status Report due by 12/5/2016 (see order for further details). Signed by Judge Tanya S. Chutkan on 11/8/16. (DJS) (Entered: 11/08/2016)	Nov. 8, 2016	Nov. 8, 2016 RECAP
36	Unopposed MOTION for Extension of Time to File Answer to December 16, 2016 by ANTHONY R FOXX (Attachments: # 1 Text of Proposed Order)(Garg, Arjun) (Entered: 11/17/2016) 1 Text of Proposed Order View on RECAP	Nov. 17, 2016	Nov. 17, 2016 RECAP
	Set/Reset Deadlines AND Order on Motion for Extension of Time to Answer	Nov. 21, 2016	Nov. 21, 2016 PACER
	MINUTE ORDER: Granting 36 Motion for Extension of Time to Answer. Defendant ANTHONY R FOXX shall answer or otherwise respond to the complaint by 12/16/2016. Signed by Judge Tanya S. Chutkan on 11/21/16. (DJS)	Nov. 21, 2016	Nov. 21, 2016 PACER
37	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jeffrey W. McCoy, :Firm- Mountain States Legal Foundation, :Address- 2596 South Lewis Way, Lakewood, CO 80227. Phone No. - (303) 292-2021. Fax No. - (303) 292-1980 Filing fee $ 100, receipt number 0090-4755744. Fee Status: Fee Paid., MOTION to Appoint Counsel by ANDREW J BRIGIDA (Attachments: # 1 Declaration Declaration of Jeffrey W. McCoy in Support of Motion, # 2 Text of Proposed Order Proposed Order Granting Motion)(Lechner, Steven) (Entered: 11/23/2016) 1 Declaration Declaration of Jeffrey W. McCoy in Support of Motion View on RECAP 2 Text of Proposed Order Proposed Order Granting Motion View on RECAP	Nov. 23, 2016	Nov. 23, 2016 RECAP
	MINUTE ORDER: Granting 37 Motion for Leave to Appear Pro Hac Vice. Attorney Jeffrey Wilson McCoy is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff. Signed by Judge Tanya S. Chutkan on 11/26/16. (DJS)	Nov. 26, 2016	Nov. 26, 2016 PACER
38	Unopposed MOTION to Vacate 35 Order, Set Deadlines/Hearings Vacate Status Conference, Status Report Deadline, and Answer Deadline by ANDREW J BRIGIDA (Attachments: # 1 Text of Proposed Order Proposed Order)(Lechner, Steven) (Entered: 11/28/2016) 1 Text of Proposed Order Proposed Order View on RECAP	Nov. 28, 2016	Nov. 28, 2016 RECAP
	Set/Reset Deadlines AND Order on Motion to Vacate	Dec. 1, 2016	Dec. 1, 2016 PACER
	MINUTE ORDER: Granting Plaintiff's Unopposed motion 38 to vacate deadlines. The December 9, 2016 scheduling conference is hereby VACATED. All other previously set deadlines are likewise VACATED. Plaintiff's Rule 59(e) motion shall be filed by December 5, 2016. Defendant's Opposition shall be filed by January 6, 2017. Plaintiff's Reply is due by January 27, 2017. Plaintiff is hereby reminded that "[a] Rule 59(e) motion is not a second opportunity to present arguments upon which the Court already has ruled." Harrison v. Lappin, 510 F. Supp. 2d 153, 155 (D.D.C. 2007). Signed by Judge Tanya S. Chutkan on 12/1/16. (DJS)	Dec. 1, 2016	Dec. 1, 2016 PACER
39	MOTION for Reconsideration re 33 Order,,,,,, Order on Motion to Change Venue,,,,, by ANDREW J BRIGIDA (Attachments: # 1 Memorandum in Support Memorandum in Support of Motion for Reconsideration, # 2 Text of Proposed Order Proposed Order Granting Motion for Reconsideration)(Lechner, Steven) (Entered: 12/02/2016) 1 Memorandum in Support Memorandum in Support of Motion for Reconsideration View on RECAP 2 Text of Proposed Order Proposed Order Granting Motion for Reconsideration View on RECAP	Dec. 2, 2016	Dec. 2, 2016 RECAP
40	Memorandum in opposition to re 39 MOTION for Reconsideration re 33 Order,,,,,, Order on Motion to Change Venue,,,,, filed by ANTHONY R FOXX. (Attachments: # 1 Text of Proposed Order)(Garg, Arjun) (Entered: 01/06/2017) 1 Text of Proposed Order View on RECAP	Jan. 6, 2017	Jan. 6, 2017 RECAP
41	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael W. Pearson, :Firm- Curry, Pearson, & Wooten, PLC, :Address- 814 W. Roosevelt Street, Phoenix, Arizona 85007. Phone No. - (602) 258-1000. Fax No. - (602) 523-9000 Filing fee $ 100, receipt number 0090-4809218. Fee Status: Fee Paid. by ANDREW J BRIGIDA (Attachments: # 1 Declaration Declaration of Michael W. Pearson in Support of Motion, # 2 Text of Proposed Order)(Lechner, Steven) (Entered: 01/17/2017) 1 Declaration Declaration of Michael W. Pearson in Support of Motion View on RECAP 2 Text of Proposed Order View on RECAP	Jan. 17, 2017	Jan. 17, 2017 RECAP
	MINUTE ORDER: Granting 41 Motion for Leave to Appear Pro Hac Vice. Attorney Michael W. Pearson is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff. Signed by Judge Tanya S. Chutkan on 1/18/17. (DJS)	Jan. 18, 2017	Jan. 18, 2017 PACER
42	MOTION to Withdraw as Attorney Jeffrey W. McCoy by ANDREW J BRIGIDA (Attachments: # 1 Text of Proposed Order)(McCoy, Jeffrey) (Entered: 01/27/2017) 1 Text of Proposed Order View on RECAP	Jan. 27, 2017	Jan. 27, 2017 RECAP
43	REPLY to opposition to motion re 39 MOTION for Reconsideration re 33 Order,,,,,, Order on Motion to Change Venue,,,,, filed by ANDREW J BRIGIDA. (Lechner, Steven) (Entered: 01/27/2017)	Jan. 27, 2017	Jan. 27, 2017 RECAP
	MINUTE ORDER: Granting 42 Motion to Withdraw as Attorney. Attorney Jeffrey W McCoy is hereby terminated from this case as counsel for the Plaintiff. Signed by Judge Tanya S. Chutkan on 1/30/17. (DJS)	Jan. 30, 2017	Jan. 30, 2017 PACER
	Mail Returned as undeliverable. Re-mailed Minute Order filed on 03/29/17,looks like the city designation has changed to Lisbon and not Elkon. Re-mailed on 04/27/17. (tb)	April 27, 2017	April 27, 2017 PACER
	Case directly reassigned to Judge Dabney L. Friedrich. Judge Tanya S. Chutkan is no longer assigned to the case. (ztnr)	Dec. 4, 2017	Dec. 4, 2017 PACER
44	NOTICE of Appearance by Courtney Danielle Enlow on behalf of ANTHONY R FOXX (Enlow, Courtney) (Entered: 04/10/2018)	April 10, 2018	April 10, 2018 RECAP
45	NOTICE OF WITHDRAWAL OF APPEARANCE as to ANTHONY R FOXX. Attorney Arjun Garg terminated. (Garg, Arjun) (Entered: 04/10/2018)	April 10, 2018	April 10, 2018 RECAP
46	NOTICE of Appearance by William Perry Pendley on behalf of ANDREW J BRIGIDA (Pendley, William) (Entered: 04/24/2018)	April 24, 2018	April 24, 2018 RECAP
47	NOTICE OF WITHDRAWAL OF APPEARANCE as to ANDREW J BRIGIDA. Attorney Steven James Lechner terminated. (Pendley, William) (Entered: 04/25/2018)	April 25, 2018	April 25, 2018 RECAP
	MINUTE ORDER. As requested, see Dkt. 39 at 1, the Court intends to hold a motion hearing regarding 39 Plaintiff's Motion for Reconsideration. In order to facilitate scheduling, the courtroom deputy shall contact the parties to request that they provide, on or before May 7, 2018, three potential hearing dates/times during the week of May 21, 2018. Signed by Judge Dabney L. Friedrich on May 4, 2018. (JPF)	May 4, 2018	May 4, 2018 PACER
48	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Christian Brian Corrigan, :Firm- Mountain States Legal Foundation, :Address- 2596 South Lewis Way. Phone No. - 303-292-2021. Fax No. - 303-292-1980 Filing fee $ 100, receipt number 0090-5464520. Fee Status: Fee Paid. by ANDREW J BRIGIDA (Attachments: # 1 Declaration Declaration in Support of Motion to Appear Pro Hac Vice)(Pendley, William) (Entered: 05/04/2018) 1 Declaration Declaration in Support of Motion to Appear Pro Hac Vice View on RECAP	May 4, 2018	May 4, 2018 RECAP
	MINUTE ORDER granting 48 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Dabney L. Friedrich on May 7, 2018. (JPF)	May 7, 2018	May 7, 2018 PACER
	MINUTE ORDER scheduling motion hearing. It is ORDERED that the parties shall appear at 8:30 a.m. on May 23, 2018 in Courtroom 12 for a motion hearing regarding 39 Plaintiff's Motion for Reconsideration. Signed by Judge Dabney L. Friedrich on May 7, 2018. (JPF)	May 7, 2018	May 7, 2018 PACER
49	NOTICE OF SUBSTITUTION OF COUNSEL by Michael Leon Drezner on behalf of All Defendants Substituting for attorney Courtney D. Enlow (Drezner, Michael) (Entered: 05/16/2018)	May 16, 2018	May 16, 2018 RECAP
	Minute Entry for proceedings held before Judge Dabney L. Friedrich: Motion Hearing held on 5/23/2018 re 39 MOTION for Reconsideration re 33 Order on Motion to Change Venue filed by ANDREW J BRIGIDA. Oral arguments were heard from both parties, and the motion was taken under advisement. (Court Reporter: Sara Wick.) (jl)	May 23, 2018	May 23, 2018 PACER
50	MEMORANDUM OPINION & ORDER granting the plaintiff's 39 Motion for Reconsideration. See text for details. Signed by Judge Dabney L. Friedrich on May 31, 2018. (JPF) (Entered: 05/31/2018)	May 31, 2018	May 31, 2018 Clearinghouse
51	Joint MOTION for Extension of Time to File Answer by ANTHONY R FOXX, UNITED STATES DEPARTMENT OF TRANSPORTATION (Attachments: # 1 Text of Proposed Order)(Drezner, Michael) (Entered: 06/21/2018) 1 Text of Proposed Order View on RECAP	June 21, 2018	June 21, 2018 RECAP
	MINUTE ORDER granting the parties' 51 Joint Motion for Extension of Time. Accordingly, on or before July 12, 2018, the defendant shall file its answer or the parties shall notify the Court regarding a stay of the litigation to facilitate further settlement discussions. Signed by Judge Dabney L. Friedrich on June 21, 2018. (JPF)	June 21, 2018	June 21, 2018 PACER
52	Joint MOTION for Protective Order by ELAINE L. CHAO, UNITED STATES DEPARTMENT OF TRANSPORTATION (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(Drezner, Michael) Modified to correct event on 6/27/2018 (tth). Added MOTION for Order Pursuant to Federal Rule of Evidence 502(d) on 6/27/2018 (tth). (Entered: 06/26/2018) 1 Text of Proposed Order View on RECAP 2 Text of Proposed Order View on RECAP	June 26, 2018	June 26, 2018 RECAP
	MINUTE ORDER granting the parties' 52 Joint Motion for Entry of Protective Order and Order Pursuant to Federal Rule of Evidence 502(d). Orders forthcoming. Signed by Judge Dabney L. Friedrich on June 26, 2018. (JPF)	June 27, 2018	June 27, 2018 PACER
53	PROTECTIVE ORDER. See order for details. Signed by Judge Dabney L. Friedrich on June 26, 2018. (JPF) (Entered: 06/27/2018)	June 27, 2018	June 27, 2018 RECAP
54	ORDER PURSUANT TO RULE 502(D) OF THE FEDERAL RULES OF EVIDENCE. See order for details. Signed by Judge Dabney L. Friedrich on June 26, 2018. (JPF) (Entered: 06/27/2018)	June 27, 2018	June 27, 2018 RECAP
55	Joint MOTION to Stay by ELAINE L. CHAO, UNITED STATES DEPARTMENT OF TRANSPORTATION (Attachments: # 1 Text of Proposed Order)(Drezner, Michael) (Entered: 07/11/2018) 1 Text of Proposed Order View on RECAP	July 11, 2018	July 11, 2018 RECAP
	MINUTE ORDER. Upon consideration of the parties' 55 Joint Motion to Stay, it is ORDERED that the motion is GRANTED. On or before August 9, 2018 either the parties shall file a joint status report or the defendant shall file an answer. Signed by Judge Dabney L. Friedrich on July 12, 2018. (MJS)	July 12, 2018	July 12, 2018 PACER
	Set/Reset Deadlines/Hearings: Joint status report or the defendant's answer due by 8/9/18. (jl)	July 12, 2018	July 12, 2018 PACER
56	ANSWER to 26 Amended Complaint,, by ELAINE L. CHAO.(Drezner, Michael) (Entered: 08/09/2018)	Aug. 9, 2018	Aug. 9, 2018 RECAP
	MINUTE ORDER. It is ORDERED that the parties shall confer in accordance with Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure and the parties shall file, on or before August 31, 2018, a joint meet and confer report as set forth in Local Civil Rule 16.3(d). After receiving the joint meet and confer report, the Court will set a scheduling conference unless the Court determines, on the basis of the report, that a conference is unnecessary. See Local Civil Rule 16.4. Signed by Judge Dabney L. Friedrich on August 10, 2018. (lcdlf2)	Aug. 10, 2018	Aug. 10, 2018 PACER
57	MEET AND CONFER STATEMENT. (Pendley, William) (Entered: 08/31/2018)	Aug. 31, 2018	Aug. 31, 2018 RECAP
	MINUTE ORDER. Upon consideration of the parties' 57 Joint Meet and Confer Report in which the plaintiff states that he should be allowed to conduct limited discovery before seeking class certification, it is ORDERED that the plaintiff shall file a motion for pre-certification discovery on or before September 14, 2018. The plaintiff's motion shall specify the nature, scope, and rationale for pre-certification discovery; the defendant shall file any opposition on or before September 24, 2018; the plaintiff shall submit any reply on or before October 1, 2018. Signed by Judge Dabney L. Friedrich on September 4, 2018. (JK)	Sept. 4, 2018	Sept. 4, 2018 PACER
58	WITHDRAWN PURSUANT TO NOTICE FILED ON 9/5/2018.....AMENDED COMPLAINT against All Defendants filed by ANDREW J BRIGIDA. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9)(Pendley, William); Modified text on 9/10/2018 (tth). (Entered: 09/04/2018) 1 Exhibit Exhibit 1 View on RECAP 2 Exhibit Exhibit 2 View on RECAP 3 Exhibit Exhibit 3 View on RECAP 4 Exhibit Exhibit 4 View on RECAP 5 Exhibit Exhibit 5 View on RECAP 6 Exhibit Exhibit 6 View on RECAP 7 Exhibit Exhibit 7 View on RECAP 8 Exhibit Exhibit 8 View on RECAP 9 Exhibit Exhibit 9 View on RECAP	Sept. 4, 2018	Sept. 4, 2018 RECAP
59	NOTICE OF WITHDRAWAL OF AMENDED COMPLAINT by ANDREW J BRIGIDA re 58 Amended Complaint, (Pendley, William) Modified on 9/10/2018 (tth). (Entered: 09/05/2018)	Sept. 5, 2018	Sept. 5, 2018 RECAP
60	NOTICE of Appearance by Galen Nicholas Thorp on behalf of ELAINE L. CHAO (Thorp, Galen) (Entered: 09/05/2018)	Sept. 5, 2018	Sept. 5, 2018 RECAP
61	STRICKEN PURSUANT TO 66 ORDER FILED 10/12/2018.....AMENDED COMPLAINT against All Defendants filed by ANDREW J BRIGIDA. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Pendley, William) Modified on 6/9/2020 (znmw). (Entered: 09/07/2018) 1 Exhibit 1 View on RECAP 2 Exhibit 2 View on RECAP 3 Exhibit 3 View on RECAP 4 Exhibit 4 View on RECAP 5 Exhibit 5 View on RECAP 6 Exhibit 6 View on RECAP 7 Exhibit 7 View on RECAP 8 Exhibit 8 View on RECAP 9 Exhibit 9 View on RECAP	Sept. 7, 2018	Sept. 7, 2018 Clearinghouse
62	MOTION for Discovery Prior to Class Certification by ANDREW J BRIGIDA, MATTHEW L. DOUGLAS-COOK, SUZANNE M. REBICH, POLLYANNA L. WANG (Pendley, William) (Entered: 09/14/2018)	Sept. 14, 2018	Sept. 14, 2018 RECAP
63	STRICKEN PURSUANT TO 66 ORDER FILED 10/12/2018..... ANSWER to 61 Amended Complaint, by ELAINE L. CHAO.(Drezner, Michael) Modified on 6/9/2020 (znmw). (Entered: 09/21/2018)	Sept. 21, 2018	Sept. 21, 2018 RECAP
64	Memorandum in opposition to re 62 MOTION for Discovery Prior to Class Certification filed by ELAINE L. CHAO. (Attachments: # 1 Exhibit A)(Drezner, Michael) (Entered: 09/24/2018) 1 Exhibit A View on RECAP	Sept. 24, 2018	Sept. 24, 2018 RECAP
65	REPLY to opposition to motion re 62 MOTION for Discovery Prior to Class Certification filed by ANDREW J BRIGIDA, MATTHEW L. DOUGLAS-COOK, SUZANNE M. REBICH, POLLYANNA L. WANG. (Pendley, William) (Entered: 10/01/2018)	Oct. 1, 2018	Oct. 1, 2018 RECAP
66	ORDER striking plaintiff Brigidas third amended complaint, denying Brigidas motion for precertification discovery, and directing Brigida to file a motion for class certification on or before November 12, 2018. Signed by Judge Dabney L. Friedrich on October 12, 2018. (lcdlf2) (Entered: 10/12/2018)	Oct. 12, 2018	Oct. 12, 2018 Clearinghouse
67	MOTION to Amend/Correct 66 Order on Motion for Discovery, by ANDREW J BRIGIDA (Pendley, William) (Entered: 10/23/2018)	Oct. 22, 2018	Oct. 22, 2018 RECAP
68	THIRD AMENDED COMPLAINT against ELAINE L. CHAO filed by ANDREW J BRIGIDA.(Pendley, William) Modified event title on 6/9/2020 (znmw). (Entered: 10/23/2018)	Oct. 23, 2018	Oct. 23, 2018 Clearinghouse
69	Unopposed MOTION for Extension of Time to Amend 25 Notice (Other), 68 Amended Complaint by ANDREW J BRIGIDA, MATTHEW L. DOUGLAS-COOK, SUZANNE M. REBICH, POLLYANNA L. WANG (Attachments: # 1 Text of Proposed Order)(Pendley, William) (Entered: 10/23/2018) 1 Text of Proposed Order View on RECAP	Oct. 23, 2018	Oct. 23, 2018 RECAP
	MINUTE ORDER granting the plaintiff's 69 Unopposed Motion for Retroactive Extension of Time to Amend and his 67 Motion for Leave to File Amended Complaint. See Fed. R. Civ. P. 15(a)(2). The defendant shall answer or otherwise respond to the Complaint on or before November 5, 2018. Signed by Judge Dabney L. Friedrich on October 23, 2018. (lcdlf2)	Oct. 26, 2018	Oct. 26, 2018 PACER
	Set/Reset Deadlines/Hearings: Responses due by 11/5/2018. (jl)	Oct. 29, 2018	Oct. 29, 2018 PACER
70	ANSWER to 68 Amended Complaint by ELAINE L. CHAO.(Thorp, Galen) (Entered: 11/05/2018)	Nov. 5, 2018	Nov. 5, 2018 RECAP
71	Consent MOTION for Extension of Time to File Response/Reply to Motion for Class Certification by ELAINE L. CHAO (Attachments: # 1 Text of Proposed Order)(Drezner, Michael) (Entered: 11/09/2018) 1 Text of Proposed Order View on RECAP	Nov. 9, 2018	Nov. 9, 2018 RECAP
72	ERRATA Notice by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK, SUZANNE M. REBICH, POLLYANNA L. WANG 68 Amended Complaint filed by ANDREW J. BRIGIDA. (Attachments: # 1 Exhibit to Third Amended Complaint, # 2 Exhibit to Third Amended Complaint, # 3 Exhibit to Third Amended Complaint, # 4 Exhibit to Third Amended Complaint, # 5 Exhibit to Third Amended Complaint, # 6 Exhibit to Third Amended Complaint, # 7 Exhibit to Third Amended Complaint, # 8 Exhibit to Third Amended Complaint, # 9 Exhibit to Third Amended Complaint)(Pendley, William) (Entered: 11/12/2018) 1 Exhibit to Third Amended Complaint View on RECAP 2 Exhibit to Third Amended Complaint View on RECAP 3 Exhibit to Third Amended Complaint View on RECAP 4 Exhibit to Third Amended Complaint View on RECAP 5 Exhibit to Third Amended Complaint View on RECAP 6 Exhibit to Third Amended Complaint View on RECAP 7 Exhibit to Third Amended Complaint View on RECAP 8 Exhibit to Third Amended Complaint View on RECAP 9 Exhibit to Third Amended Complaint View on RECAP	Nov. 12, 2018	Nov. 12, 2018 RECAP
	MINUTE ORDER granting the parties' 71 Consent Motion for Extension of Time. The plaintiff shall file a motion for class certification on or before November 12, 2018; the defendant shall file any opposition on or before December 17, 2018; and the plaintiff shall file any reply on or before December 24, 2018. Signed by Judge Dabney L. Friedrich on November 12, 2018. (lcdlf2)	Nov. 12, 2018	Nov. 12, 2018 PACER
73	MOTION to Certify Class by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK, SUZANNE M. REBICH, POLLYANNA L. WANG (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12)(Pendley, William). Added MOTION to Appoint Lead Counsel on 11/14/2018 (znmw). (Entered: 11/12/2018) 1 Memorandum in Support View on RECAP 2 Exhibit 1 View on RECAP 3 Exhibit 2 View on RECAP 4 Exhibit 3 View on RECAP 5 Exhibit 4 View on RECAP 6 Exhibit 5 View on RECAP 7 Exhibit 6 View on RECAP 8 Exhibit 7 View on RECAP 9 Exhibit 8 View on RECAP 10 Exhibit 9 View on RECAP 11 Exhibit 10 View on RECAP 12 Exhibit 11 View on RECAP 13 Exhibit 12 View on RECAP	Nov. 12, 2018	Nov. 12, 2018 RECAP
	Set/Reset Deadlines/Hearings: Motion for class certification due by 11/12/2018. Defendant's opposition due by 12/17/2018. Plaintiff's reply due by 12/24/2018. (jl)	Nov. 13, 2018	Nov. 13, 2018 PACER
74	Consent MOTION for Extension of Time to File Response/Reply to Motion for Class Certification by ELAINE L. CHAO (Drezner, Michael) (Entered: 12/07/2018)	Dec. 7, 2018	Dec. 7, 2018 RECAP
	MINUTE ORDER granting the defendant's 74 Second Consent Motion for Extension of Time. The defendant shall respond to the plaintiff's 73 Motion for Class Certification and Appointment of Class Counsel on or before December 24, 2018. Signed by Judge Dabney L. Friedrich on December 8, 2018. (lcdlf2)	Dec. 8, 2018	Dec. 8, 2018 PACER