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American Federation of Labor & Congress of Industrial Organizations
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Order | Filed: April 18, 2024 | Entered: April 18, 2024 AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS (AFL-CIO) et al v. NATIONAL LABOR RELATIONS BOARD
Administrative Procedure Act/Review or Appeal of Agency Decision | District Of Columbia
.Order
MINUTE ORDER (paperless) upon consideration of the parties' 25 Joint Status Report ("JSR"), EXTENDING, over plaintiffs' objection, the stay of all proceedings and deadlines in this case pending resolution of the rulemaking announced at 87 Fed. Reg. 66,890 (Nov. 4, 2022), and DIRECTING the parties to file, within 14 days of issuance of a final rule in Docket No. NLRB-2022-0002, or by October 14, 2024, whichever occurs sooner, a joint status report advising whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. The parties previously twice jointly moved to stay proceedings in this case pending resolution of the rulemaking, on the basis that "[g]ranting a stay... [would] preserve[] resources that would otherwise be spent defending a soon-to-be revisited rule," Jt. Status Rep. at 4, ECF No. 22 (citation omitted); Jt. Status Rep. at 3-4, ECF No. 23, and plaintiffs do not now dispute that "[i]ssuance of a new final rule is likely to obviate the need for this Court to decide any of the matters presented by this litigation," JSR at 4 (emphasis in original). Given defendant National Labor Relations Board's ("NLRB") issuance of the Notice of Proposed Rulemaking "to revise the 2020 Final Rule that is at issue in this litigation," id. at 2, NLRB plainly "intends to revisit the challenged agency decision on review," Limnia, Inc. v. United States Dep't of Energy, 857 F.3d 379, 381 (D.C. Cir. 2017) ("[A] voluntary remand is typically appropriate only when the agency intends to revisit the challenged agency decision on review."); see also Anchor Line Ltd. v. Fed. Mar. Comm'n, 299 F.2d 124, 125 (D.C. Cir. 1962) ("[W]hen an agency seeks to reconsider its action, it should move the court to remand or to hold the case in abeyance pending reconsideration by the agency."). This reconsideration "may moot Plaintiff[s'] claims, providing its requested relief and saving the parties' and the Court's resources." Friends of Animals v. Williams, 628 F. Supp. 3d 71, 76 (D.D.C. 2022) (brackets and citations omitted). While sympathetic to plaintiffs' concern about continued delay, to the extent they assert prejudice from the fact that that they have "now been operating under an unlawfully promulgated rule for almost four years... [that] has caused and is causing irreparable harm," JSR at 9, this "prejudice... is not the loss of ability to pursue all challenges" to the rule at-issue, "but the loss of the ability to do so now," Friends of Animals, 628 F. Supp. 3d at 78 (emphasis in original) (citation omitted), and "this delay of potentially unnecessary litigation is not the sort of undue prejudice that defeats" a request for continuance of a stay made twice before at the joint request of both parties, see id. (citation omitted); see also Dellinger v. Mitchell, 442 F.2d 782, 786 (D.C. Cir. 1971) ("A court has inherent power to stay proceedings in control of its docket... after balancing the competing interest."). Signed by Judge Beryl A. Howell on April 18, 2024. (lcbah4)
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Motion | Filed: April 18, 2024 | Entered: April 18, 2024 Association of Flight Attendants et al v. SkyWest, Inc. et al
Labor: Railway Labor Act | Utah
Judgment on the Pleadings
MOTION for Judgment on the Pleadings and Memorandum in Support filed by Defendant Skywest Inflight Association, Counter Claimant Skywest Inflight Association. (Christiansen, Erik)
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Motion | Filed: April 18, 2024 | Entered: April 18, 2024 Cohen v. Action Squared
Copyright | New York Southern
Amend/Correct
MOTION FOR LEAVE TO AMEND. Document filed by Josh Cohen.(rro)
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