No. 21-205

Thomas Rimini v. Department of Labor

Lower Court: Second Circuit
Docketed: 2021-08-12
Status: Denied
Type: Paid
Response Waived
Tags: administrative-procedure-act administrative-record default-judgment department-of-labor frap-17 local-rules res-judicata sarbanes-oxley subject-matter-jurisdiction
Key Terms:
DueProcess
Latest Conference: 2021-10-08
Question Presented (from Petition)

1. Should an unopposed default judgement be granted because the Department
of Labor ("DOL ") did not submit the full administrative record to the court
as required by FRAP 17 and the Administrative Procedure Act, or comply
with local rules on the requirement, including while this matter is
administratively active before the DOL and proceeding as 2021-SOX-00020,
irretrievably prejudicing this matter and thwarting a full and fair review?

2. May a Circuit Court declare as res judicata a matter currently proceeding /
before the Supreme Court and the Department of Labor?

3. Did the Circuit Court lack subject matter jurisdiction to rule while an earlierfiled Sarbanes-Oxley matter with identical causes of action is not
administratively exhausted before the Department of Labor?

Question Presented (AI Summary)

Should an unopposed default judgement be granted because the Department of Labor did not submit the full administrative record to the court as required by FRAP 17 and the Administrative Procedure Act, or comply with local rules on the requirement, including while this matter is administratively active before the DOL and proceeding as 2021-SOX-00020, irretrievably prejudicing this matter and thwarting a full and fair review?

Docket Entries

2021-10-12
Petition DENIED.
2021-09-15
DISTRIBUTED for Conference of 10/8/2021.
2021-09-07
Waiver of right of respondent Department of Labor to respond filed.
2021-08-03
Petition for a writ of certiorari filed. (Response due September 13, 2021)

Attorneys

Department of Labor
Brian H. FletcherActing Solicitor General, Respondent
Thomas Rimini
Thomas Rimini — Petitioner