JPML Consolidation Order — In re MCP No. 165 (OSHA ETS)

Summary

Consolidation Order of the United States Judicial Panel on Multidistrict Litigation in MCP No. 165, concerning the Occupational Safety and Health Administration interim final rule on COVID-19 vaccination and testing, emergency temporary standard, issued on November 4, 2021. The order states that on November 16, 2021, the Panel received a notice of multicircuit petitions for review pending in twelve circuit courts of appeal. The Panel randomly selected the United States Court of Appeals for the Sixth Circuit Court, where the petitions on the attached schedule are consolidated, and designates that circuit for filing the record. A schedule lists the petitions by circuit and number with captions, such as BST Holdings v. OSHA.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Record facts

Full text

UNITED STATES JUDICIAL PANEL
on
MULTIDISTRICT LITIGATION

IN RE: OCCUPATIONAL SAFETY AND HEALTH

ADMINISTRATION, INTERIM FINAL RULE:

COVID-19 VACCINATION AND TESTING;

EMERGENCY TEMPORARY STANDARD, 86

FED. REG. 61402, ISSUED ON NOVEMBER 4, 2021 MCP No. 165

(SEE ATTACHED SCHEDULE)

CONSOLIDATION ORDER

The U.S. Department of Labor, Occupational Safety and Health Administration issued a
notice dated November 4, 2021. On November 16, 2021, the Panel received, pursuant to 28 U.S.C.
§ 2112(a)(3), a notice of multicircuit petitions for review of that order. The notice included petitions
for review pending in twelve circuit courts of appeal as follows: District of Columbia Circuit Court,
First Circuit Court, Second Circuit Court, Third Circuit Court, Fourth Circuit Court, Fifth Circuit
Court, Sixth Circuit Court, Seventh Circuit Court, Eighth Circuit Court, Ninth Circuit Court, Tenth
Circuit Court and Eleventh Circuit Court.

The Panel has randomly selected the United States Court of Appeals for the Sixth Circuit
Court in which to consolidate these petitions for review.

IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. § 2112(a)(3), the petitions on
the attached schedule are consolidated in the United States Court of Appeals for the Sixth Circuit
Court, and that this circuit is designated as the circuit in which the record is to be filed pursuant to
Rules 16 and 17 of the Federal Rules of Appellate Procedure.

THE PANEL:

John W. Nichols, Clerk of Parte
andom Selector

elgra Davis, Operations Supervisor
Witness
IN RE: OCCUPATIONAL SAFETY AND HEALTH
ADMINISTRATION, INTERIM FINAL RULE:
COVID-19 VACCINATION AND TESTING;
EMERGENCY TEMPORARY STANDARD, 86

FED. REG. 61402, ISSUED ON NOVEMBER 4, 2021 MCP No. 165
SCHEDULE OF PETITIONS
CIRCUIT NO. CASE CAPTION

First Circuit, No. 21-1926

Second Circuit, No. 21-2800

Third Circuit, No. 21-3088

Fourth Circuit, No. 21-2262

Fourth Circuit, No. 21-2283

Fifth Circuit, No. 21-60845
Sixth Circuit, No. 21-4027

Sixth Circuit, No. 21-4028

Sixth Circuit, No. 21-4031
Sixth Circuit, No. 21-4032
Sixth Circuit, No. 21-4033
Seventh Circuit, No. 21-3058
Seventh Circuit, No. 21-3066

Eighth Circuit, No. 21-3491

Eighth Circuit, No. 21-3494

Eighth Circuit, No. 21-3540

Massachusetts Building Trades Council. v. OSHA,
et al.

Local 32BJ Service Employees International Union,
et al. v. OSHA, et al.

AFT Pennsylvania v. OSHA, et al.

United Association of Journcymen & Apprentices v.
OSHA, et al.

Associated General Contractors of America, et al. v.
OSHA, et al.

BST Holdings v. OSHA
Bentkey Services v. OSHA, et al.

Phillips Manufacturing & Tower, et al. v. OSHA, et
al.

Commonwealth of KY, et al. v. OSHA, et al.
Answers in Genesis, Inc. v. OSHA

Southern Baptist Theological, et al. v. OSHA, et al.
Tankcraft Corporation, et al. v. OSHA

State of Indiana v. OSHA, et al.

Job Creators Network, et al. v. U.S. Department of
Labor, et al.

State of Missouri, et al. v. Joseph R. Biden, Jr., et
al.

DTN Staffing Inc., et al. v. OSHA, et al.
IN RE: OCCUPATIONAL SAFETY AND HEALTH

ADMINISTRATION, INTERIM FINAL RULE:

COVID-19 VACCINATION AND TESTING;

EMERGENCY TEMPORARY STANDARD, 86

FED. REG. 61402, ISSUED ON NOVEMBER 4, 2021 MCP No. 165

SCHEDULE OF PETITIONS

CIRCUIT NO.

Eighth Circuit, No. 21-3556
Ninth Circuit, No. 21-71370
Ninth Circuit, No. 21-71374
Ninth Circuit, No. 21-71379
Tenth Circuit, No. 21-9592
Eleventh Circuit, No. 21-13866
Eleventh Circuit, No. 21-13900

Eleventh Circuit, No. 21-13910

District of Columbia Circuit No. 21-1215

District of Columbia Circuit, No. 21-1219

District of Columbia Circuit, No. 21-1232

CASE CAPTION
MFA Inc., et al. v. U.S. Department of Labor, et al.
National Association of Broadcast v. OSHA, et al.
Media Guild of the West v. OSHA, et al.
Union of America Physicians v. OSHA, et al.
The Denver Newspaper Guild, et al. v. OSHA, et al.
State of Florida, et al. v. O.S.H.A., U.S. D.O.L
FabArc Steel Supply, Inc., et al. v. OSHA, ct al.

Associated Builders & Contractors, Inc., ct al. v.
OSHA, et al.

Republican National Committee v. OSHA, et al.

United Food & Commercial Workers Inter’! Union,
etal. v. OSHA, etal.

National Assoc. of Home Builder of the United
States v. OSHA, et al.

File and source

File

gov.uscourts.ca6.142400.44.0.pdf

Size

350,186 bytes

SHA-256

bb6f052f94f15e4bcebfdf639a205b8f2a7945e32ad9818c709f018383efdb16

Our copy

gov.uscourts.ca6.142400.44.0.pdf

Original

archive.org