IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

TYLER DIVISION

CHAMBER OF COMMERCE OF THE 

UNITED STATES OF AMERICA; 

AMERICAN HOTEL AND LODGING 

ASSOCIATION; ASSOCIATED BUILDERS 

AND CONTRACTORS; ASSOCIATED 

GENERAL CONTRACTORS OF AMERICA; 

COALITION FOR DEMOCRATIC 

WORKPLACE; INTERNATIONAL 

FRANCHISE ASSOCIATION; LONGVIEW 

CHAMBER OF COMMERCE; NATIONAL 

ASSOCIATION OF CONVENIENCE 

STORES; NATIONAL RETAIL 

FEDERATION; RESTAURANT LAW 

CENTER; TEXAS ASSOCIATION OF 

BUSINESS; and TEXAS RESTAURANT 

ASSOCIATION,

Plaintiffs, 

v.

NATIONAL LABOR RELATIONS BOARD; 

LAUREN MCFERRAN, Chair; MARVIN 

KAPLAN, Board Member; GWYNNE 

WILCOX, Board Member; and DAVID 

PROUTY, Board Member, 

Defendants. 

Civil Action No. 6:23-cv-00553-JCB

UNOPPOSED MOTION BY THE AMERICAN HOSPITAL ASSOCIATION 

FOR LEAVE TO FILE AMICUS CURIAE BRIEF

Case 6:23-cv-00553-JCB Document 26 Filed 11/20/23 Page 1 of 6 PageID #: 476
The American Hospital Association respectfully moves for leave to file the amicus curiae

brief simultaneously entered in the docket for this matter. This Court has inherent authority to 

allow the filing of amicus curiae briefs even where local rules do not provide for them. United 

States v. Louisiana, 751 F. Supp. 608, 620 (E.D. La. 1990); accord United States v. Davis, 180 F. 

Supp. 2d 797, 799–800 (E.D. La. 2001). The AHA’s amicus brief should be allowed because the 

AHA brings a unique perspective on this dispute and its participation will be “useful” to the Court. 

Id. As the brief explains, the challenged Final Rule threatens major harm to the AHA’s member 

hospitals by reclassifying them as joint employers of many contract workers on which hospitals 

heavily rely. The brief explains why the Board’s promulgation of the Final Rule was arbitrary and 

capricious for failing to address the AHA’s concerns about the disruptive and harmful effects of 

the Final Rule. See Huawei Techs. USA, Inc. v. FCC, 2 F.4th 421, 449 (5th Cir. 2021). The brief

also explains why the Board was wrong to conclude that it lacked discretion under the statute to 

tailor the Final Rule in a way that would have accommodated the AHA’s concerns.

The parties do not oppose the filing of this amicus brief. Plaintiffs have affirmatively 

consented, and counsel for Defendants indicated that they “take no position.” The AHA 

respectfully requests that the Court accept and consider its brief.

Case 6:23-cv-00553-JCB Document 26 Filed 11/20/23 Page 2 of 6 PageID #: 477
2 

Date: November 20, 2023 Respectfully submitted,

/s/ Joanne Bush 

Joanne R. Bush

JONES DAY

Texas Bar No. 24064983 

717 Texas, Suite 3300 

Houston, Texas 77002 

Phone: (832) 239-3782 

Fax: (832) 239-3600 

Email: jrbush@jonesday.com 

Anthony J. Dick 

D.C. Bar No. 1015585 

William J. Strench

D.C. Bar No. 1781271 

JONES DAY

51 Louisiana Ave. NW 

Washington, DC 20001 

Phone: (202) 879-3939 

Fax: (202) 626-1700 

Email: ajdick@jonesday.com 

Counsel to Amicus Curiae 

American Hospital Association

 

Case 6:23-cv-00553-JCB Document 26 Filed 11/20/23 Page 3 of 6 PageID #: 478
i 

CERTIFICATE OF SERVICE

The undersigned certifies that on November 20, 2023, the foregoing document was 

electronically submitted with the clerk of the court for the United States District Court, Eastern 

District of Texas, using the electronic case file system of the court. I hereby certify that I have 

served all counsel of record electronically or by another manner authorized by Federal Rule of 

Civil Procedure 5(b)(2).

 

 /s/ Joanne Bush

Case 6:23-cv-00553-JCB Document 26 Filed 11/20/23 Page 4 of 6 PageID #: 479
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

TYLER DIVISION

CHAMBER OF COMMERCE OF THE 

UNITED STATES OF AMERICA; 

AMERICAN HOTEL AND LODGING 

ASSOCIATION; ASSOCIATED BUILDERS 

AND CONTRACTORS; ASSOCIATED 

GENERAL CONTRACTORS OF AMERICA; 

COALITION FOR DEMOCRATIC 

WORKPLACE; INTERNATIONAL 

FRANCHISE ASSOCIATION; LONGVIEW 

CHAMBER OF COMMERCE; NATIONAL 

ASSOCIATION OF CONVENIENCE 

STORES; NATIONAL RETAIL 

FEDERATION; RESTAURANT LAW 

CENTER; TEXAS ASSOCIATION OF 

BUSINESS; and TEXAS RESTAURANT 

ASSOCIATION,

Plaintiffs,

v.

NATIONAL LABOR RELATIONS BOARD; 

LAUREN MCFERRAN, Chair; MARVIN 

KAPLAN, Board Member; GWYNNE 

WILCOX, Board Member; and DAVID 

PROUTY, Board Member,

Defendants.

Civil Action No. 6:23-cv-00553-JCB

[PROPOSED] ORDER GRANTING UNOPPOSED MOTION BY THE AMERICAN 

HOSPITAL ASSOCIATION 

FOR LEAVE TO FILE AMICUS CURIAE BRIEF

Case 6:23-cv-00553-JCB Document 26 Filed 11/20/23 Page 5 of 6 PageID #: 480
After considering the Unopposed Motion of the American Hospital Association, the Court 

hereby finds that there is good cause to grant the motion. Therefore, the Court GRANTS the 

Motion and deems the amicus curiae brief simultaneously entered on the docket filed as of the 

date amicus filed the Motion.

Case 6:23-cv-00553-JCB Document 26 Filed 11/20/23 Page 6 of 6 PageID #: 481