Case: Axalta Coating Systems LLC v. FAA

Axalta Coating Systems v. Federal Aviation Administration

AGENCY CASE DOCKETED. Petition filed by Axalta Coating Systems Ltd. Certificate of Service dated 08/01/2023. Service made by US mail. Payment made through pay.gov.. Receipt No. A03-64421-188. (SB) [Entered: 08/02/2023 12:08 PM]

ORDER (Clerk) directing the agency to file the record or certified list in lieu of record. (SB) [Entered: 08/02/2023 12:11 PM]

ECF FILER: ENTRY OF APPEARANCE from Jerry W. Cox on behalf of Petitioner(s) Axalta Coating Systems. [23-2376] (JWC) [Entered: 08/04/2023 03:22 PM]

ECF FILER: AGENCY INFORMATION STATEMENT on behalf of Petitioner Axalta Coating Systems Ltd. [23-2376] (JWC) [Entered: 08/04/2023 03:28 PM]

ECF FILER: DISCLOSURE STATEMENT on behalf of Petitioner Axalta Coating Systems Ltd. [23-2376] (JWC) [Entered: 08/04/2023 03:33 PM]

ECF FILER: ENTRY OF APPEARANCE from Daniel Aguilar on behalf of Respondent(s) Federal Aviation Administration. [23-2376] (DJA) [Entered: 08/08/2023 03:15 PM]

ORDER (Clerk) The amended petition for review attached to the petitioner’s corporate disclosure statement clarifies that the petitioner is Axalta Coating Systems LLC (not “Ltd.” as stated in the original petition). The Clerk will docket a copy of the amended petition separately from the corporate disclosure statement. (SB) [Entered: 08/09/2023 11:52 AM]

Amended Petition. Certificate of Service dated 08/04/2023. Service made by Email. (SB) [Entered: 08/09/2023 11:53 AM]

ECF FILER: ENTRY OF APPEARANCE from Joshua M. Salzman on behalf of Respondent(s) Federal Aviation Administration. [23-2376] (JMS) [Entered: 08/10/2023 04:22 PM]

ECF FILER: Agency Certified Index/List transmitted. [23-2376] (DJA) [Entered: 09/08/2023 04:09 PM]

BRIEFING NOTICE ISSUED. Opening brief on behalf of Axalta Coating Systems Ltd due on or before 10/30/2023. Appendix due on or before 10/30/2023. (SB) [Entered: 09/18/2023 01:56 PM]

ECF FILER: UNOPPOSED Motion filed by Petitioner Axalta Coating Systems Ltd for Extension of Time to file brief & joint appendix until/for 14 days or per motion (21 days after court's decision on motion to vacate). Certificate of Service dated 10/16/2023. Service made by ECF. [23-2376] (JWC) [Entered: 10/16/2023 10:54 AM]

ORDER (Clerk) The Combined Motion by Petitioner to Vacate Agency’s Order for Lack of Lawful Authority Due to Violation of the Federal Vacancies Reform Act and Consent Motion to Extend Due Date for Petitioner’s Brief is granted to the extent it seeks to extend the due date for Petitioner’s brief and appendix. The motion to vacate is referred to a motions panel. The briefing schedule will be stayed pending disposition of the motion to vacate. (SB) [Entered: 10/25/2023 08:43 AM]

ECF FILER: Response filed by Respondent FAA to motion. Certificate of Service dated 10/25/2023. [23-2376] (DJA) [Entered: 10/25/2023 01:42 PM]

ECF FILER: Reply by Petitioner Axalta Coating Systems Ltd to Response. Certificate of Service dated 10/31/2023. Service made by ECF [23-2376] (JWC) [Entered: 10/31/2023 03:44 PM]

ORDER (KRAUSE, FREEMAN and SCIRICA, Circuit Judges) denying Motion by Petitioner to Vacate Agency’s Order for Lack of Lawful Authority Due to Violation of the Federal Vacancies Reform Act and for Extension of Time to File an Opening Brief. Panel No.: CCO-011. Krause, Authoring Judge. (SB) [Entered: 11/29/2023 08:26 AM]

TEXT ONLY ORDER (Clerk) It is noted that the Court's order dated November 29, 2023, denied Petitioner's Motion to vacate the agency's order for lack of lawful authority due to violation of the Federal Vacancies Reform Act. Considering this, the stay of the briefing schedule is hereby LIFTED. Petitioner Axalta Coating Systems Ltd's brief and appendix must be filed and served within twenty-one (21) days of the date of this order. (DW) [Entered: 12/06/2023 03:50 PM]

ECF FILER: UNOPPOSED Motion filed by Petitioner Axalta Coating Systems Ltd to stay briefing schedule. Certificate of Service dated 12/07/2023. Service made by ECF. [23-2376] (JWC) [Entered: 12/07/2023 05:12 PM]

ORDER (Clerk) Petitioner’s Motion to Stay Briefing pending Supreme Court’s Decision in SEC v. Jarkesy, No. 22-859 is granted. The appeal shall be stayed pending a decision by the United States Supreme Court in Jarkesy. The parties must advise the Court, in writing, within fourteen days after a decision has been reached by the Supreme Court. The responses must advise the Court of what effect, if any, the decision in Jarkesy has had on the pending appeal. (SB) [Entered: 01/03/2024 10:39 AM]

ECF FILER: STATUS REPORT received from Petitioner Axalta Coating Systems Ltd. Certificate of Service dated 07/11/2024. Service made by ECF. [23-2376] (JWC) [Entered: 07/11/2024 10:26 AM]

ECF FILER: STATUS REPORT received from Respondent FAA. Certificate of Service dated 07/11/2024. Service made by ECF. [23-2376] (DJA) [Entered: 07/11/2024 10:44 AM]

ORDER (Clerk) This case was previously stayed pending the Supreme Court’s decision in SEC v. Jarkesy. Because the Supreme Court has issued its opinion, the stay of this case is LIFTED and briefing will resume. The petitioner’s opening brief must be filed and served within forty (40) days of this order. (SB) [Entered: 07/23/2024 11:53 AM]

ECF FILER: Agency Certified Index/List transmitted. [23-2376] (DJA) [Entered: 08/09/2024 02:59 PM]

ECF FILER: ELECTRONIC BRIEF on behalf of Petitioner Axalta Coating Systems Ltd. Certificate of Service dated 08/29/2024 by ECF. [23-2376] (JWC) [Entered: 08/29/2024 03:41 PM]

ECF FILER: ELECTRONIC APPENDIX Volume I on behalf of Petitioner Axalta Coating Systems Ltd containing Joint Appendix Vol. I. Certificate of Service dated 08/29/2024 by ECF. --[Edited 09/03/2024 by EAF - Event and text edited] [23-2376] (JWC) [Entered: 08/29/2024 03:51 PM]

ECF FILER: ELECTRONIC APPENDIX Volume II on behalf of Petitioner Axalta Coating Systems Ltd containing Joint Appendix Vol. II. Certificate of Service dated 08/29/2024 by ECF. --[Edited 09/03/2024 by EAF - Event and text edited] [23-2376] (JWC) [Entered: 08/29/2024 03:55 PM]

HARD COPY RECEIVED from Petitioner Axalta Coating Systems Ltd - Brief. Copies: 7. (TMS) [Entered: 08/30/2024 12:33 PM]

HARD COPY RECEIVED from Petitioner Axalta Coating Systems Ltd - Joint Appendix. Copies: 4. Volumes: 2 (EAF) [Entered: 08/30/2024 03:16 PM]

TEXT ORDER (Clerk) directing Attorney Jerry W. Cox, Esq. for Petitioner Axalta Coating Systems Ltd to 1) file an Addendum to Brief containing the Statement of the Case and/or Statement of the Facts and bar membership certification that was omitted from the brief AND 2) file an Addendum to Appendix containing the Petition for Review and BIA Decision and Order omitted from the Appendix filed on 9/3/34. NOTE: The Addendum to Brief and Addendum to Appendix must be filed as 2 separate entries on the docket and both containing a cover and certificate of service page. Due on or before 09/06/2024. (EAF) [Entered: 09/03/2024 11:26 AM]

ECF FILER: ELECTRONIC ADDENDUM to APPENDIX on behalf of Petitioner Axalta Coating Systems Ltd containing Petition for Review. Certificate of Service dated 09/03/2024. Service made by ECF. --[Edited 09/04/2024 by EAF - Event and text edited] [23-2376] (JWC) [Entered: 09/03/2024 03:39 PM]

COMPLIANCE RECEIVED. Addendum to Brief NO LONGER NEEDED; per discussion with counsel, the statements are within the brief and titled differently; the bar membership is located on pg 39 of the signature block and is accepted in this format; Addendum to Appendix containing Petiton for Review, received. The Decision and Order is located in the Appendix on pg 105. (EAF) [Entered: 09/04/2024 08:51 AM]

HARD COPY RECEIVED from Petitioner Axalta Coating Systems Ltd - Addendum to Appendix entitled Joint Appendix. Copies: 4. (EMA) [Entered: 09/04/2024 05:32 PM]

ECF FILER: ENTRY OF APPEARANCE from Kara M. Rollins on behalf of Amicus Curiae New Civil Liberties Alliance. [23-2376] (KMR) [Entered: 09/05/2024 07:11 AM]

ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of New Civil Liberties Alliance in support of Appellant/Petitioner. Certificate of Service dated 09/05/2024 by ECF. F.R.A.P. 29(a) Permission: YES. [23-2376] (KMR) [Entered: 09/05/2024 01:37 PM]

HARD COPY RECEIVED on behalf of Amicus Curiae New Civil Liberties Alliance in support of Appellant/Petitioner - Amicus Brief. Copies: 7. (TMS) [Entered: 09/06/2024 02:29 PM]

ECF FILER: UNOPPOSED Motion filed by Respondent FAA to supplement the appendix. Certificate of Service dated 09/30/2024. Service made by ECF. [23-2376] (DJA) [Entered: 09/30/2024 12:24 PM]

ECF FILER: ELECTRONIC SUPPLEMENTAL APPENDIX on behalf of Respondent FAA. Certificate of service dated 09/30/2024 by ECF. [23-2376] (DJA) [Entered: 09/30/2024 12:26 PM]

ECF FILER: ELECTRONIC BRIEF with Addendum attached on behalf of Respondent FAA. Certificate of Service dated 09/30/2024 by ECF. [23-2376] (DJA) [Entered: 09/30/2024 12:28 PM]

TEXT ORDER (Clerk) granting Unopposed Motion to File Supplemental Appendix filed by Respondent FAA with filing as of September 30, 2024. It is noted that if costs are awarded, costs cannot be recovered for any documents which are duplicative of documents contained in any previously filed appendix or supplemental appendix. (DW) [Entered: 10/01/2024 05:09 PM]

HARD COPY RECEIVED from Respondent FAA - Brief with Addendum attached. Copies: 7. Received: 10. (TMS) [Entered: 10/04/2024 08:35 AM]

HARD COPY RECEIVED from Respondent FAA - Supplemental Appendix. Copies: 4. Volumes: 1 (MCW) [Entered: 10/04/2024 05:13 PM]

ECF FILER: ELECTRONIC REPLY BRIEF with Addendum attached on behalf of Petitioner Axalta Coating Systems Ltd. Certificate of Service dated 10/17/2024 by ECF. [23-2376] (JWC) [Entered: 10/17/2024 10:31 AM]

HARD COPY RECEIVED from Petitioner Axalta Coating Systems Ltd - Reply Brief with Addendum attached. Copies: 7. (KEL) [Entered: 10/18/2024 01:32 PM]

Calendared for Thursday, 02/20/2025. Calendar Clerk: AR. (AR) [Entered: 12/03/2024 02:47 PM]

ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Jerry W. Cox, Esq. for Petitioner Axalta Coating Systems Ltd. Certificate of Service dated 12/05/2024. Service made by ECF. [23-2376] (JWC) [Entered: 12/05/2024 10:54 AM]

ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Daniel J. Aguilar, Esq. for Respondent FAA. Certificate of Service dated 12/10/2024. Service made by ECF. [23-2376] (DJA) [Entered: 12/10/2024 10:32 AM]

Oral Argument Notification for Thursday, 02/20/2025. Setting & Time: Maris Courtroom / 9:30am. Location: Philadelphia, PA. (AR) [Entered: 01/28/2025 01:54 PM]

ECF FILER: SUMMARY OF ORAL ARGUMENT submitted by Attorney Jerry W. Cox, Esq. for Petitioner Axalta Coating Systems Ltd. Case Summary: Petitioner Axalta asks this Court to vacate a civil penalty Order issued in a purely in-house administrative proceeding. The Order/procedure are virtually identical to SEC's Order/procedure the Supreme Court invalidated in Jarkesy. Jury rights apply.. Post Video: YES. [23-2376] (JWC) [Entered: 02/03/2025 04:18 PM]

ECF FILER: SUMMARY OF ORAL ARGUMENT submitted by Attorney Daniel J. Aguilar, Esq. for Respondent FAA. Case Summary: Petitioner challenges enforcement of the Hazardous Materials Transportation Act, raising claims under the Seventh Amendment, the Appointments Clause, the separation-of-powers, the non-delegation doctrine, and 5 U.S.C. 706. The petition should be denied.. Post Video: YES. [23-2376] (DJA) [Entered: 02/03/2025 07:17 PM]

ECF FILER: Letter dated 02/10/2025, filed pursuant to Rule 28(j) from counsel for Respondent FAA. Service made by ECF. This document will be SENT TO THE MERITS PANEL, if/when applicable. [23-2376] (DJA) [Entered: 02/10/2025 11:17 AM]

ECF FILER: Letter dated 02/11/2025, filed pursuant to Rule 28(j) from counsel for Respondent FAA. Service made by ECF. This document will be SENT TO THE MERITS PANEL, if/when applicable. [23-2376] (JMS) [Entered: 02/11/2025 12:52 PM]

COURT MINUTES OF ARGUED/SUBMITTED CASES. [23-2376, 17-3664, 24-1344, 24-1563, 24-2069] (AR) [Entered: 02/20/2025 11:07 AM]

ARGUED on Thursday, February 20, 2025. Panel: CHAGARES, BIBAS and FISHER, Circuit Judges. Jerry W. Cox arguing for Petitioner Axalta Coating Systems Ltd. Daniel J. Aguilar arguing for Respondent Federal Aviation Administration. (AR) [Entered: 02/20/2025 11:13 AM]