Service Employees International Inc. et al v. Williams et al

Filing 12

ORDER granting 11 Motion to Amend the Caption and to Join the Private Parties December 1, 2011 Submission Regarding Case Management and Briefing Schedule. Signed by Magistrate Judge Monte C. Richardson on 12/9/2011. (BEE)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
SERVICE EMPLOYEES INTERNATIONAL
INC., ET AL.,
Plaintiffs,
vs.

Case No. 3:11-cv-1036-J-20MCR

MICHAEL WILLIAMS, ET AL.,
Defendants.
_____________________________________/

ORDER
THIS CAUSE is before the Court on the Department of Labor’s Unopposed
Motion to Amend the Caption and to Join the Private Parties’ December 1, 2011
Submission Regarding Case Management and Briefing Schedule (Doc. 11) filed
December 7, 2011.
The Director, Office of Workers’ Compensation Programs, United States
Department of Labor, on behalf of Hon. Charles D. Lee, brings the instant Motion
pursuant to Fed. R. Civ. P. 7(b). The Director is the administrator of the Longshore Act.
See 33 U.S.C. § 939; 20 C.F.R. § 1.2(e); 74 Fed. Reg. 58834-01. As such, he is the
proper agency-party respondent to these proceedings. See Ingalls Shipbuilding, Inc. v.
Director, OWCP (Yates), 519 U.S. 248, 265-70 (1997); 20 C.F.R. § 802.410(b).
Accordingly, the Court finds that the party caption in this case should be amended as
follows: Substitute “Director, Office of Workers’ Compensation Programs, United States

-1-

Department of Labor,” for the current party listing, “The Honorable Charles D. Lee,
District Director, United States Department of Labor”.
Additionally, the Director requests to join in the “Response to Tracking
Assignment and Filing of Case Management Report,” which was filed by Petitioners
Service Employees International, et al, and Respondent Michael Williams on December
1, 2011. The Director agrees that this case is properly designated a Track One case
because it is “an action for review on an administrative record,” M.D. Fla. R.
3.05(b)(1)(A), which calls upon the Court to act as an appellate body. See H.B. Zachry
Co. v. Quinones, 206 F. 3d 474, 476-77 (5th Cir. 2000) see also Yates, 519 U.S. at
265-70 (holding Director has right to participate as respondent in Benefits Review Board
appeals). Accordingly, the Court agrees that the Director should be included on the
briefing schedule proposed by the private parties in their December 1 submission, with
his brief due at the same time as Respondent Williams’ brief (i.e., 45 days after
Petitioners’ brief).
According, after due consideration, it is
ORDERED:
The Department of Labor’s Unopposed Motion to Amend the Caption and to Join
the Private Parties’ December 1, 2011 Submission Regarding Case Management and
Briefing Schedule (Doc. 11) is GRANTED as provided in the body of this Order.

-2-

DONE AND ORDERED in Chambers in Jacksonville, Florida this 9th day of
December, 2011.

MONTE C. RICHARDSON
UNITED STATES MAGISTRATE JUDGE
Copies to:
Counsel of Record

-3-