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)

Riess, Daniel (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
130 1:16-cv-02227	Memorandum Opinion	May 12, 2021	May 12, 2021 Order/Opinion 538 F.Supp.3d 12
146 1:16-cv-02227	Order	Feb. 1, 2022	Feb. 1, 2022 Order/Opinion
153 1:16-cv-02227	Transcript of Oral Ruling Before The Honorable Dabney L. Friedrich United States District Judge	March 23, 2022	March 23, 2022 Transcript

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Docket

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

Last updated Oct. 6, 2025, 9:53 p.m.

ECF Number	Description	Date	Link Date / Link
	MINUTE ORDER. Upon consideration of the parties' 175 Joint Status Report, it is ORDERED that the status conference set for May 9, 2023 is rescheduled to the week of July 10, 2023, for a date and a time that is convenient for the parties and the Court. The Courtroom Deputy will contact the parties to schedule the July status hearing. It is further ORDERED that the parties shall file, on or before July 5, 2023, a joint status report updating the Court on the status of any remaining discovery-related issues and proposing revised fact discovery deadlines. The Court is inclined to extend the fact discovery deadlines set in its Scheduling Order and will do so upon consideration of the joint status report. With respect to the additional APT Metrics documents that the plaintiffs seek, if the parties are unable to resolve their remaining issues, they shall file on or before June 26, 2023 a joint status report that outlines, with legal authority, their respective positions on the remaining APT Metrics documents issues. This status report shall be no more than 16 pages (8 per side). So Ordered by Judge Dabney L. Friedrich on April 27, 2023. (lcdlf3)	April 27, 2023	April 27, 2023 PACER
	Set/Reset Deadlines: Status Report due by 6/26/2023 and 7/5/2023 (zjch, )	April 27, 2023	April 27, 2023 PACER
	Set/Reset Deadlines	May 1, 2023	May 1, 2023 PACER
176	NOTICE OF WITHDRAWAL OF APPEARANCE as to ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. Attorney Zhonette M. Brown terminated. (Trachman, William) (Entered: 05/02/2023)	May 2, 2023	May 2, 2023 RECAP
	NOTICE of Hearing:Status Conference set for 7/11/2023 at 1:00 PM via video before Judge Dabney L. Friedrich. (zjch, )	May 3, 2023	May 3, 2023 PACER
177	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- D. Sean Nation, Filing fee $ 100, receipt number ADCDC-10113335. Fee Status: Fee Paid. by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Attachments: # 1 Declaration Declaration of D. Sean Nation, # 2 Text of Proposed Order)(Trachman, William) (Entered: 06/02/2023) 1 Declaration Declaration of D. Sean Nation View on RECAP 2 Text of Proposed Order View on RECAP	June 2, 2023	June 2, 2023 RECAP
	MINUTE ORDER. Upon consideration of the plaintiffs' 177 Motion for Admission of Attorney D. Sean Nation to Appear Pro Hac Vice, the motion is DENIED. The motion does not comply with Local Civil Rule 83.2(c)(2). The applicant has not filed a certificate of the court or bar for the state in which he regularly practices that has been issued within 30 days of filing and that states he is a member in good standing of the bar of that state court. So Ordered by Judge Dabney L. Friedrich on June 5, 2023. (lcdlf3)	June 5, 2023	June 5, 2023 PACER
178	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Donald Sean Nation, Filing fee $ 100, receipt number ADCDC-10113335. Fee Status: Fee Paid. by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Attachments: # 1 Declaration of Donald Sean Nation, # 2 Attachment 1 - Certificate of Good Standing - Georgia, # 3 Attachment 2 - Certificate of Good Standing - NY, # 4 Text of Proposed Order)(Trachman, William) Modified on 6/6/2023 to add payment information (zjm). (Entered: 06/06/2023) 1 Declaration of Donald Sean Nation View on RECAP 2 Attachment 1 - Certificate of Good Standing - Georgia View on RECAP 3 Attachment 2 - Certificate of Good Standing - NY View on RECAP 4 Text of Proposed Order View on RECAP	June 6, 2023	June 6, 2023 RECAP
	MINUTE ORDER granting plaintiffs' 178 Motion Requesting Admission of Attorney Donald Sean Nation to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. So Ordered by Judge Dabney L. Friedrich on June 6, 2023. (lcdlf3)	June 6, 2023	June 6, 2023 PACER
179	NOTICE of Appearance by Donald Sean Nation on behalf of ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK (Nation, Donald) (Entered: 06/08/2023)	June 8, 2023	June 8, 2023 RECAP
180	Joint STATUS REPORT by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Nation, Donald) (Entered: 06/26/2023) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on RECAP 4 Exhibit D View on RECAP	June 26, 2023	June 26, 2023 RECAP
181	Joint STATUS REPORT by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Nation, Donald) (Entered: 07/05/2023)	July 5, 2023	July 5, 2023 RECAP
182	NOTICE OF SUBSTITUTION OF COUNSEL by James C. McGlinchy on behalf of ELAINE CHAO Substituting for attorney Michael Leon Drezner (McGlinchy, James) (Entered: 07/07/2023)	July 7, 2023	July 7, 2023 RECAP
183	ENTERED IN ERROR.....NOTICE OF WITHDRAWAL OF APPEARANCE as to ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. Attorney Erin M. Erhardt terminated. (Nation, Donald) Modified on 7/13/2023 (zed). (Entered: 07/11/2023)	July 11, 2023	July 11, 2023 RECAP
	.Order	July 11, 2023	July 11, 2023 PACER
	MINUTE ORDER. Consistent with the discussion during today's hearing, it is ORDERED that the following schedule shall govern further proceedings: the FAA shall certify that it has substantially completed its document production on or before January 12, 2024; fact discovery shall close on or before August 12, 2024; the plaintiffs shall serve expert reports on or before September 26, 2024; the defendant shall serve expert reports on or before November 12, 2024; the plaintiffs shall serve any rebuttal expert reports on or before December 27, 2024; and expert discovery shall close on or before February 10, 2025. It is further ORDERED that the parties shall file any motions for summary judgment on or before April 11, 2025; the parties shall file any oppositions to motions for summary judgment on or before May 27, 2025; and the parties shall file any replies on or before June 26, 2025. So Ordered by Judge Dabney L. Friedrich on July 11, 2023. (lcdlf3)	July 11, 2023	July 11, 2023 PACER
	Minute Entry for proceedings held before Judge Dabney L. Friedrich: Status Conference held on 7/11/2023. (Court Reporter Sara Wick.) (zjch, )	July 11, 2023	July 11, 2023 PACER
	Set/Reset Deadlines: Discovery due by 8/12/2024. Expert Discovery due by 2/10/2025. the FAA shall certify that it has substantially completed its document production due by 1/12/2024. Rebuttal due by 12/27/2024. Plaintiff Rule 26(a)(2) due by 9/26/2024. Defendant Rule 26(a)(2) due by 11/12/2024. Summary Judgment motions due by 4/11/2025. Response to Motion for Summary Judgment due by 5/27/2025. Reply to Motion for Summary Judgment due by 6/26/2025. (zjch, )	July 11, 2023	July 11, 2023 PACER
	NOTICE OF ERROR The following error(s) need correction: Notice of withdrawal must be signed and filed by the withdrawing attorney and signed by the party/parties represented (LCvR 83.6(b)). (zed)	July 11, 2023	July 11, 2023 PACER
	Status Conference	July 12, 2023	July 12, 2023 PACER
	Set/Reset Deadlines	July 12, 2023	July 12, 2023 PACER
	Notice of Error	July 13, 2023	July 13, 2023 PACER
184	NOTICE OF WITHDRAWAL OF APPEARANCE as to ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. Attorney David C. McDonald terminated. (McDonald, David) (Entered: 09/28/2023)	Sept. 28, 2023	Sept. 28, 2023 RECAP
185	NOTICE OF WITHDRAWAL OF APPEARANCE as to ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. Attorney Erin M. Erhardt terminated. (Nation, Donald) (Entered: 09/28/2023)	Sept. 28, 2023	Sept. 28, 2023 RECAP
186	NOTICE of Appearance by David Henry Thompson on behalf of All Plaintiffs (Thompson, David) (Entered: 12/07/2023)	Dec. 7, 2023	Dec. 7, 2023 RECAP
187	NOTICE of Appearance by Vincent John Colatriano on behalf of All Plaintiffs (Colatriano, Vincent) (Entered: 12/07/2023)	Dec. 7, 2023	Dec. 7, 2023 RECAP
188	NOTICE of Appearance by Peter A. Patterson on behalf of All Plaintiffs (Patterson, Peter) (Entered: 12/21/2023)	Dec. 21, 2023	Dec. 21, 2023 RECAP
189	Consent MOTION for Extension of Time to Certify Completion of Document Productions by ELAINE CHAO. (Attachments: # 1 Text of Proposed Order)(Thorp, Galen) (Entered: 12/28/2023) 1 Text of Proposed Order View on RECAP	Dec. 28, 2023	Dec. 28, 2023 RECAP
190	TRANSCRIPT OF PROCEEDINGS before Judge Dabney L. Friedrich held on 07/11/2023. Page Numbers: 1-19. Date of Issuance: 01/17/2024. Court Reporter: Sara Wick, telephone number 202-354-3284. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 2/7/2024. Redacted Transcript Deadline set for 2/17/2024. Release of Transcript Restriction set for 4/16/2024.(Wick, Sara) (Entered: 01/17/2024)	Jan. 17, 2024	Jan. 17, 2024 RECAP
191	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Samuel D. Adkisson, Filing fee $ 100, receipt number ADCDC-10869500. Fee Status: Fee Paid. by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Attachments: # 1 Declaration of Samuel D. Adkisson, # 2 Exhibit A - Certificate of Good Standing, # 3 Text of Proposed Order)(Colatriano, Vincent) (Entered: 05/02/2024) 1 Declaration of Samuel D. Adkisson View on RECAP 2 Exhibit A - Certificate of Good Standing View on RECAP 3 Text of Proposed Order View on RECAP	May 2, 2024	May 2, 2024 RECAP
	MINUTE ORDER. Upon consideration of counsel's 191 Motion for Leave to Appear Pro Hac Vice, the motion is GRANTED. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. So Ordered by Judge Dabney L. Friedrich on May 6, 2024. (lcdlf1)	May 6, 2024	May 6, 2024 PACER
192	NOTICE of Appearance by Samuel Dawson Adkisson on behalf of All Plaintiffs (Adkisson, Samuel) (Entered: 05/07/2024)	May 7, 2024	May 7, 2024 RECAP
193	NOTICE of Appearance by Cameron Drew Silverberg on behalf of All Defendants (Silverberg, Cameron) (Entered: 05/14/2024)	May 14, 2024	May 14, 2024 RECAP
194	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Johanna M. Einterz, Filing fee $ 100, receipt number ADCDC-10957219. Fee Status: Fee Paid. by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Attachments: # 1 Declaration of Johanna M. Einterz, # 2 Exhibit A - Certificate of Good Standing, # 3 Text of Proposed Order)(Colatriano, Vincent) (Entered: 06/12/2024) 1 Declaration of Johanna M. Einterz View on RECAP 2 Exhibit A - Certificate of Good Standing View on RECAP 3 Text of Proposed Order View on RECAP	June 12, 2024	June 12, 2024 RECAP
195	NOTICE of Appearance by Alexandra Rachel Saslaw on behalf of All Defendants (Saslaw, Alexandra) (Entered: 06/13/2024)	June 13, 2024	June 13, 2024 RECAP
	ORDER granting plaintiff's 194 Motion for Leave to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. So Ordered by Judge Dabney L. Friedrich on July 10, 2024. (lcdlf1)	July 10, 2024	July 10, 2024 PACER
196	NOTICE of Appearance by Johanna Webber on behalf of All Plaintiffs (Webber, Johanna) (Entered: 07/11/2024)	July 11, 2024	July 11, 2024 RECAP
197	NOTICE OF WITHDRAWAL OF APPEARANCE as to ELAINE CHAO. Attorney Hilarie Elise Snyder terminated. (Snyder, Hilarie) (Entered: 07/23/2024)	July 23, 2024	July 23, 2024 RECAP
198	Joint MOTION for Adoption of Revised Discovery and Summary Judgment Briefing Schedule by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Attachments: # 1 Text of Proposed Order)(Thompson, David) (Entered: 08/02/2024) 1 Text of Proposed Order View on RECAP	Aug. 2, 2024	Aug. 2, 2024 RECAP
	MINUTED ORDER. Upon consideration of the parties' 198 Joint Motion for Adoption of Revised Discovery and Summary Judgment Briefing Schedule, and good cause being shown, it is hereby ORDERED that the Joint Motion is GRANTED.It is further ORDERED that the following revised schedule is adopted: (1) the parties shall identify any fact witnesses that they wish to depose on or before August 12, 2024; (2) the parties shall complete written fact discovery on or before September 11, 2024 (except for discovery related to any remaining disputes between the parties concerning privilege assertions or clawback demands); (3) the parties shall complete fact witness depositions on or before September 26, 2024. Further, the schedule for expert discovery is as follows: (1) the plaintiffs' expert disclosures pursuant to Fed. R. Civ. P. 26(a)(2) are due on or before December 20, 2024; (2) the defendant's expert disclosures pursuant to Fed. R. Civ. P. 26(a)(2) are due on or before February 10, 2025; (3) the plaintiffs shall serve any rebuttal expert reports on or before March 21, 2025; (4) expert depositions shall be completed on or before May 12, 2025. Finally, the plaintiffs shall file any motion for summary judgment on or before June 10, 2025; the defendant shall file its consolidated opposition to the plaintiffs' summary judgment motion and cross-motion for summary judgment on or before July 28, 2025; the plaintiffs shall file their consolidated opposition to the defendant's summary judgment motion and any reply in support of their summary judgment motion on or before August 25, 2025; and the defendant shall file its reply in support of its summary judgment motion on or before September 22, 2025. So Ordered by Judge Dabney L. Friedrich on August 2, 2024. (lcdlf1)	Aug. 2, 2024	Aug. 2, 2024 PACER
	Set/Reset Deadlines/Hearings: Cross Motions due by 7/28/2025. Response to Cross Motions due by 8/25/2025. Reply to Cross Motions due by 9/22/2025. Discovery due by 9/11/2024. Witness List due by 8/12/2024. Expert depositions shall be completed by 5/12/2025. Rebuttal due by 3/21/2025. Plaintiff Rule 26(a)(2) due by 12/20/2024. Defendant Rule 26(a)(2) due by 2/10/2025. Summary Judgment motions due by 6/10/2025. Response to Motion for Summary Judgment due by 7/28/2025. Reply to Motion for Summary Judgment due by 8/25/2025. (zjch, )	Aug. 2, 2024	Aug. 2, 2024 PACER
	Set/Reset Deadlines/Hearings	Aug. 5, 2024	Aug. 5, 2024 PACER
199	NOTICE OF WITHDRAWAL OF APPEARANCE as to ELAINE CHAO. Attorney Alexandra Rachel Saslaw terminated. (Saslaw, Alexandra) (Entered: 09/04/2024)	Sept. 4, 2024	Sept. 4, 2024 RECAP
200	NOTICE of Appearance by Clayton Louis Bailey on behalf of All Defendants (Bailey, Clayton) (Entered: 09/23/2024)	Sept. 23, 2024	Sept. 23, 2024 RECAP
201	Unopposed MOTION for Extension of Expert Discovery Schedule by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Attachments: # 1 Text of Proposed Order)(Thompson, David) (Entered: 12/05/2024) 1 Text of Proposed Order View on RECAP	Dec. 5, 2024	Dec. 5, 2024 RECAP
	Order on Motion for Miscellaneous Relief AND Set/Reset Deadlines	Dec. 9, 2024	Dec. 9, 2024 PACER
	MINUTE ORDER granting the plaintiffs' 201 Unopposed Motion for Extension of Expert Discovery Schedule. The following schedule shall govern further proceedings: Plaintiff's expert disclosures shall be due on or before January 21, 2025; defendants' expert disclosures shall be due on or before March 14, 2025; plaintiffs shall serve any rebuttal expert reports on or before April 15, 2025; expert depositions shall be completed on or before May 30, 2025. All other deadlines shall remain as stated in the Court's August 2, 2024 Minute Order. So Ordered by Judge Dabney L. Friedrich on December 9, 2024. (lcldf3)	Dec. 9, 2024	Dec. 9, 2024 PACER
202	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Grady J. Block, Filing fee $ 100, receipt number ADCDC-11364112. Fee Status: Fee Paid. by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Attachments: # 1 Declaration PVH Declaration, # 2 Exhibit 1 CO Bar CGS, # 3 Exhibit 2 TX Bar CGS, # 4 Text of Proposed Order PO re Motion PVH)(Trachman, William) (Entered: 12/17/2024) 1 Declaration PVH Declaration View on RECAP 2 Exhibit 1 CO Bar CGS View on RECAP 3 Exhibit 2 TX Bar CGS View on RECAP 4 Text of Proposed Order PO re Motion PVH View on RECAP	Dec. 17, 2024	Dec. 17, 2024 RECAP
	MINUTE ORDER granting the 202 Motion for Leave to Appear Pro Hac Vice Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. So Ordered by Judge Dabney L. Friedrich on December 17, 2024 (lcdlf3)	Dec. 17, 2024	Dec. 17, 2024 PACER
203	NOTICE OF WITHDRAWAL OF APPEARANCE as to ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. Attorney Donald Sean Nation terminated. (Colatriano, Vincent) (Entered: 12/20/2024)	Dec. 20, 2024	Dec. 20, 2024 RECAP
	MINUTE ORDER. The Court has reviewed the parties' joint email to the Court identifying the parties' discovery disputes. The Court's preference is to try to narrow the discovery issues in dispute informally, without the need for formal briefing by the parties. To that end, the parties are directed to file, on or before January 6, 2025, a joint status report that summarizes the remaining discovery issues in 8-10 pages per side. If the parties agree that it would be helpful for the Court to review in camera a subset of documents, they shall submit them at the time of their joint status report. Following a review of the status report and any documents, the Court will contact the parties to schedule a telephonic status conference for January 14, 2025 and/or direct the parties to brief one or more of the remaining issues. So Ordered by Judge Dabney L. Friedrich on December 21, 2024 (lcdlf3)	Dec. 21, 2024	Dec. 21, 2024 PACER
204	Unopposed MOTION for Extension of Time to File Joint Status Report by ELAINE CHAO. (Attachments: # 1 Text of Proposed Order)(Thorp, Galen) (Entered: 01/02/2025) 1 Text of Proposed Order View on RECAP	Jan. 2, 2025	Jan. 2, 2025 RECAP
	Order on Motion for Extension of Time to File AND Set/Reset Deadlines	Jan. 2, 2025	Jan. 2, 2025 PACER
	MINUTE ORDER granting the defendant's 204 Unopposed Motion for Extension of time. The parties shall file the joint status report on or before January 17, 2025. So Ordered by Judge Dabney L. Friedrich on January 2, 2025 (lcdlf3)	Jan. 2, 2025	Jan. 2, 2025 PACER
205	NOTICE of Appearance by Grady Block on behalf of ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK (Block, Grady) (Entered: 01/06/2025)	Jan. 6, 2025	Jan. 6, 2025 RECAP
	NOTICE of Hearing:Status Conference set for 1/24/2025 at 10:00 AM via video before Judge Dabney L. Friedrich. (zjch, )	Jan. 8, 2025	Jan. 8, 2025 PACER
206	NOTICE OF WITHDRAWAL OF APPEARANCE as to ELAINE CHAO. Attorney James C. McGlinchy terminated. (McGlinchy, James) (Entered: 01/10/2025)	Jan. 10, 2025	Jan. 10, 2025 RECAP
207	Joint STATUS REPORT by ELAINE CHAO. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Thorp, Galen) (Entered: 01/17/2025) 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	Jan. 17, 2025	Jan. 17, 2025 RECAP
	NOTICE of VACATED Hearing: The Video Status Conference set for 1/24/2025 at 10:00 AM before Judge Dabney L. Friedrich is hereby VACATED and will be rescheduled at a later date. (smc)	Jan. 24, 2025	Jan. 24, 2025 PACER
208	NOTICE OF WITHDRAWAL OF APPEARANCE as to ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. Attorney Samuel Dawson Adkisson terminated. (Colatriano, Vincent) (Entered: 01/28/2025)	Jan. 28, 2025	Jan. 28, 2025 RECAP
	Minute Entry for Status Conference and Motion regarding Discovery Disputes held on 1/29/2025 before Judge Dabney L. Friedrich. (Court Reporter Sara Wick.) (zjch, )	Jan. 29, 2025	Jan. 29, 2025 PACER
209	NOTICE OF WITHDRAWAL OF APPEARANCE as to ELAINE CHAO. Attorney Clayton Louis Bailey terminated. (Bailey, Clayton) (Entered: 02/05/2025)	Feb. 5, 2025	Feb. 5, 2025 PACER
210	Unopposed MOTION for Extension of Time to make Expert Disclosures by ELAINE CHAO. (Attachments: # 1 Text of Proposed Order)(Thorp, Galen) (Entered: 03/12/2025)	March 12, 2025	March 12, 2025 PACER
	Order on Motion for Extension of Time to AND Set/Reset Deadlines	March 13, 2025	March 13, 2025 PACER
	MINUTE ORDER granting the 210 Unopposed Motion for Extension of Time. The following schedule shall govern further proceedings: the defendant's expert disclosures shall be due on or before March 28, 2025; rebuttal expert reports shall be due on or before April 29, 2025; the plaintiff's motion for summary judgment shall be due on or before June 24, 2025; the defendant's combined opposition and cross motion for summary judgment shall be due on or before August 11, 2025; the plaintiff's opposition and reply shall be due on or before September 8, 2025; the defendant's reply shall be due on or before October 6, 2025. So Ordered by Judge Dabney L. Friedrich on March 13, 2025 (lcdlf3)	March 13, 2025	March 13, 2025 PACER
	Order on Motion for Extension of Time to	March 13, 2025	March 13, 2025 PACER
211	Joint MOTION to Stay Litigation to Pursue Mediation by ELAINE CHAO. (Attachments: # 1 Text of Proposed Order)(Thorp, Galen) (Entered: 03/26/2025) 1 Text of Proposed Order View on PACER	March 26, 2025	March 26, 2025 PACER
	Order Referring Case to Mediation (Circuit Executive's Office) AND ~Util - Set/Reset Deadlines AND ~Util - Terminate Motions	March 27, 2025	March 27, 2025 PACER
	Order Referring Case to Mediation	March 27, 2025	March 27, 2025 PACER
	MINUTE ORDER granting the 211 Joint Motion to Stay Litigation. The defendant's rule 26(a)(2) expert disclosures shall be due on or before April 14, 2025. It is further ORDERED that the case is otherwise stayed for 60 days. Finally, it is ORDERED that this case is referred to mediation through the mediation program administered by the Circuit Executives Office. See LCvR 84. The Clerk of the Court shall promptly furnish a copy of this order to the Circuit Executive Mediation Program, which shall designate a mediator. If the parties have not settled the case on or before May 26, 2025, the parties shall file a joint status report on or before May 30, 2025 that proposes a schedule for further proceedings or requests an extension of the mediation deadline. So Ordered by Judge Dabney L. Friedrich on March 27, 2025 (lcdlf3)	March 27, 2025	March 27, 2025 PACER
212	TRANSCRIPT OF PROCEEDINGS before Judge Dabney L. Friedrich held on 01/29/2025; Page Numbers: 1-53. Date of Issuance: 04/11/2025. Court Reporter: Sara Wick, Telephone number 202-354-3284, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 5/2/2025. Redacted Transcript Deadline set for 5/12/2025. Release of Transcript Restriction set for 7/10/2025.(Wick, Sara) (Entered: 04/11/2025)	April 11, 2025	April 11, 2025 PACER
213	Unopposed MOTION for Extension of Time to Serve Expert Disclosures by ELAINE CHAO. (Attachments: # 1 Text of Proposed Order)(Thorp, Galen) (Entered: 04/11/2025)	April 11, 2025	April 11, 2025 PACER
	Order on Motion for Extension of Time to AND Set/Reset Deadlines	April 14, 2025	April 14, 2025 PACER
	MINUTE ORDER granting the defendants' unopposed 213 Motion for Extension of Time. The defendant's expert disclosures shall be due on or before May 2, 2025. So ordered by Judge Dabney L. Friedrich on April 14, 2025 (lcdlf3)	April 14, 2025	April 14, 2025 PACER
214	MOTION to Stay Deadline for Expert Disclosures by ELAINE CHAO. (Attachments: # 1 Text of Proposed Order)(Thorp, Galen) (Entered: 05/01/2025) 1 Text of Proposed Order View on PACER	May 1, 2025	May 1, 2025 RECAP
215	ERRATA Corrected Motion and Proposed Order to Replace Inadvertently Filed Documents from Different Case by ELAINE CHAO re 214 Motion to Stay. (Attachments: # 1 Text of Proposed Order)(Thorp, Galen) (Entered: 05/01/2025)	May 1, 2025	May 1, 2025 PACER
216	NOTICE OF WITHDRAWAL OF APPEARANCE as to ELAINE CHAO. Attorney Cameron Drew Silverberg terminated. (Silverberg, Cameron) (Entered: 05/02/2025)	May 2, 2025	May 2, 2025 PACER
	Order on Motion to Stay	May 2, 2025	May 2, 2025 PACER
	MINUTE ORDER granting the 215 Motion to Stay Deadline for Expert Disclosures. The defendant's deadline for Rule 26(a)(2) expert disclosures is stayed pending further order of the Court. The parties shall propose a new schedule for expert disclosures in their May 30, 2025 Joint Status Report, if necessary. So ordered by Judge Dabney L. Friedrich on May 2, 2025 (lcdlf3)	May 2, 2025	May 2, 2025 PACER
217	NOTICE OF SUBSTITUTION OF COUNSEL by Daniel Riess on behalf of ELAINE CHAO Substituting for attorney Galen N. Thorp (Riess, Daniel) (Entered: 05/08/2025)	May 8, 2025	May 8, 2025 PACER
218	Joint STATUS REPORT by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Thompson, David) (Entered: 05/30/2025)	May 30, 2025	May 30, 2025 RECAP
	Status Report Order	May 30, 2025	May 30, 2025 PACER
	MINUTE ORDER. Upon consideration of the parties' 218 Joint Status Report, it is ORDERED that all deadlines continue to be STAYED through and including June 30, 2025. The parties shall file a joint status report on or before June 30, 2025. So ordered by Judge Dabney L. Friedrich on May 30, 2025 (lcdlf3)	May 30, 2025	May 30, 2025 PACER
219	Joint STATUS REPORT by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Thompson, David) (Entered: 06/30/2025)	June 30, 2025	June 30, 2025 RECAP
	Status Report Order	July 1, 2025	July 1, 2025 PACER
	MINUTE ORDER. Upon consideration of the parties' 219 Joint Status Report, it is ORDERED that all deadlines continue to be STAYED through and including July 31, 2025. The parties shall file a joint status report on or before July 31, 2025. So ordered by Judge Dabney L. Friedrich on July 1, 2025 (lcdlf3)	July 1, 2025	July 1, 2025 PACER
220	Joint STATUS REPORT by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Thompson, David) (Entered: 07/31/2025)	July 31, 2025	July 31, 2025 RECAP
	.Order AND ~Util - Set/Reset Deadlines	July 31, 2025	July 31, 2025 PACER
	MINUTE ORDER. Upon consideration of the parties' 220 Joint Status Report, it is ORDERED that all deadlines continue to be STAYED through and including August 29, 2025. The parties shall file a joint status report on or before August 29, 2025. So ordered by Judge Dabney L. Friedrich on July 31, 2025 (lcdlf3)	July 31, 2025	July 31, 2025 PACER
221	Joint STATUS REPORT by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Thompson, David) (Entered: 08/29/2025)	Aug. 29, 2025	Aug. 29, 2025 RECAP
	MINUTE ORDER. Upon consideration of the parties' 221 Joint Status Report, it is ORDERED that all deadlines continue to be STAYED through and including September 19, 2025. The parties shall file a joint status report on or before September 19, 2025. So Ordered by Judge Dabney L. Friedrich on August 29, 2025. (lcdlf3)	Aug. 29, 2025	Aug. 29, 2025 PACER
222	Joint STATUS REPORT by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Thompson, David) (Entered: 09/19/2025)	Sept. 19, 2025	Sept. 19, 2025 RECAP
	.Order AND ~Util - Set/Reset Deadlines	Sept. 20, 2025	Sept. 20, 2025 PACER
	MINUTE ORDER. Upon consideration of the parties' 222 Joint Status Report, it is ORDERED that all deadlines continue to be STAYED through and including October 17, 2025. The parties shall file a joint status report on or before October 17, 2025. So Ordered by Judge Dabney L. Friedrich on September 19, 2025. (lcdlf3)	Sept. 20, 2025	Sept. 20, 2025 PACER