G.H. Daniels & Associates, Inc. et al v. Solis et al.

Filing 68

ORDER DISMISSING CLAIMS FOR LACK OF JURISDICTION. The claims relating to the DOL's denial of the applications for certifications for the 2010, 2011, and 2012 seasons are DISMISSED for lack of jurisdiction. Within 14 days of the date of this O rder, the Plaintiffs shall file a report with the Court advising whether or not they have complied with the administrative proceeding provisions of 29 C.F.R. § 503, and shall provide a copy of the final agency action, which is required for this Court to exercise appellate jurisdiction pursuant to 5 U.S.C. § 706 and Lockheed Martin Corp. v. Admin. Review Bd., 717 F.3d 1121, 1128 (10th Cir. 2013). By Judge Christine M. Arguello on 12/29/2015. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 12-cv-01943-CMA
G.H. DANIELS III & ASSOCIATES, INC.,
HANDY ANDY SNOW REMOVAL,
Plaintiffs,
v.
HILDA L. SOLIS, Secretary of the U.S. Department of Labor,
JANET NAPOLITANO, U.S. Department of Homeland Security,
HILLARY RODHAM CLINTON, Secretary of State,
ERIC H. HOLDER, JR., United States Attorney General,
Defendants.
ORDER DISMISSING CLAIMS FOR LACK OF JURISDICTION
On November 5, 2015, the Tenth Circuit issued an opinion reversing the district
court’s decision as to the claim of impermissible sub-delegation of the Department of
Homeland Security’s decision-making authority under the H-2B program to the
Department of Labor (DOL); dismissing, for want of jurisdiction the appeal as to whether
the DOL’s denial of the applications for certifications for the 2010, 2011, and 2012
seasons violated the Administrative Procedure Act; and remanding the case to this
Court with instructions to dismiss these claims for lack of jurisdiction. In a footnote, the
Tenth Circuit indicated that it was leaving “it to the judge and parties on remand to hash
out the [Civil Monetary Penalties (CMPs)] issue, including the effect of the interim final
rule on the CMPs.”

In accordance with the Tenth Circuit’s opinion, it is
ORDERED that the claims relating to the DOL’s denial of the applications for
certifications for the 2010, 2011, and 2012 seasons are DISMISSED for lack of
jurisdiction. It is
FURTHER ORDERED that within 14 days of the date of this Order, the Plaintiffs
shall file a report with the Court advising whether or not they have complied with the
administrative proceeding provisions of 29 C.F.R. § 503, and shall provide a copy of the
final agency action, which is required for this Court to exercise appellate jurisdiction
pursuant to 5 U.S.C. § 706 and Lockheed Martin Corp. v. Admin. Review Bd., 717 F.3d
1121, 1128 (10th Cir. 2013).
DATED: December 29, 2015
BY THE COURT:

________________________________
CHRISTINE M. ARGUELLO
United States District Judge

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