National Federation of Independent Business et al v. Perez et al

Cross MOTION for Summary Judgment and Response to 93 Plaintiffs' Motion for Summary Judgment

N.D. Tex.September 30, 2016

1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION NATIONAL FEDERATION OF ) INDEPENDENT BUSINESS et al., ) ) Plaintiffs, ) Case No. 5:16-cv-00066-C ) v. ) ) THOMAS E. PEREZ, in his official ) capacity as Secretary, United States ) Department of Labor et al., ) ) Defendants. ) DEFENDANTS’ COMBINED CROSS-MOTION FOR SUMMARY JUDGMENT AND BRIEF IN OPPOSITION TO PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT Defendants Thomas E. Perez, in his official capacity as Secretary, United States Department of Labor; Michael J. Hayes, in his official capacity as Director, Office of Labor- Management Standards, United States Department of Labor; and the United States Department of Labor (“Defendants”) respectfully move the Court to enter summary judgment in their favor, and to deny Plaintiffs’ motion for summary judgment. In accordance with the Local Rules of this Court, this motion is accompanied by a brief that sets forth Defendants’ contentions of fact and/or law and argument and authorities, and that includes tables of contents and of authorities. In accordance with Local Civil Rule 56.6, this motion is also accompanied by an appendix consisting of the certified administrative record in this case. Additionally, in accordance with Local Civil Rules 56.3(b) and 56.4(b), the required matters in Local Civil Rules 56.3(a) and 56.4(a) will be set forth in Defendants’ accompanying brief. Case 5:16-cv-00066-C Document 112 Filed 09/30/16 Page 1 of 2 PageID 2499 2 Dated: September 30, 2016 Respectfully submitted, BENJAMIN C. MIZER Principal Deputy Assistant Attorney General JOHN R. PARKER United States Attorney ANN HAAG TAMI C. PARKER Assistant United States Attorneys JUDRY L. SUBAR (D.C. Bar) Assistant Branch Director /s/ Daniel Riess DANIEL RIESS (Texas Bar # 24037359) Trial Attorney U.S. Department of Justice Civil Division, Rm. 6122 20 Massachusetts Avenue, NW Washington, D.C. 20530 Telephone: (202) 353-3098 Fax: (202) 616-8460 Email: Daniel.Riess@usdoj.gov Attorneys for Defendants CERTIFICATE OF SERVICE On September 30, 2016, I electronically submitted the foregoing document with the clerk of court for the U.S. District Court, Northern District of Texas, using the electronic case filing system of the court. I hereby certify that I have served all parties electronically or by another manner authorized by Federal Rule of Civil Procedure 5(b)(2) or the local rules. /s/ Daniel Riess Daniel Riess Case 5:16-cv-00066-C Document 112 Filed 09/30/16 Page 2 of 2 PageID 2500