TRO's move fast. In a last minute effort, three companies tried to convince a California District Judge to upset DOL's first-come, first-served processing order. They failed. Judge George Wu denied their Ex Parte Application for Relief on February 16, 2018.
The main theory was that moving from a random selection process where every employer that filed on a particular day had an equal chance for selection to a process based on order filed violated the Fifth Amendment.
The purpose of this post is to provide a link to the main court documents. A later post will discuss any insights that can be gleaned from the filings. Here are the documents:
- Complaint, Exhibit 1, Exhibit 2
- Ex Parte Application For TRO (the brief), Kershaw Affidavit
- DOL Opposition to Application for TRO
- Plaintiffs' Reply Brief
- Order Denying TRO