Chamber of Commerce of the United State of America v. United States Department…

Background

The court issued this order after a case-management conference. The Department of Homeland Security defendants asked the court to stay further proceedings and hold the case in abeyance for 60 days while the agency considered how to proceed with the Final DHS Rule. The plaintiffs argued that they and their members needed clarity before the fall because they begin recruiting employees who may require H-1B visas in September and October 2021.

The court explained that a stay is a temporary pause in court proceedings and that the party requesting one must show that it is appropriate. The court also considered the possible harm from a stay, the hardship of continuing the case, and whether a stay would promote the orderly handling of the dispute.

Rulings

The court concluded that the DHS defendants had not shown they would suffer hardship or prejudice if the request to hold the case in abeyance were denied. It concluded that the plaintiffs had shown hardship if they lacked certainty about the rule by the fall. The court determined that adjusting the briefing schedule could address the DHS defendants’ concerns, but it stated that it would not stay proceedings during that period.

The court modified the schedule as follows:

- The plaintiffs’ cross-motions were due by June 25, 2021. - All defendants’ opposition briefs and cross-motions were due by July 16, 2021. - The plaintiffs’ opposition briefs and replies were due by July 30, 2021.

The court vacated the June 25, 2021 hearing date for the stay motion. It scheduled a September 17, 2021 hearing on the parties’ cross-motions for summary judgment concerning both rules. The court stated that its ruling on the DHS defendants’ stay request was without prejudice to renewing that request if circumstances changed.

Administrative Record

The court directed the Department of Labor defendants to provide the plaintiffs, by May 19, 2021, the version of the administrative record compiled in related cases in the District Court for the District of Columbia, except for documents already archived on the rulemaking docket. The Department of Labor defendants did not have to file the full administrative record on the docket on May 19. Instead, they were required to file and provide a chambers copy of an appendix containing the portions cited in the summary-judgment briefs by August 27, 2021. If the appendix was voluminous, the court allowed an electronic, indexed, searchable version.