Lupe v. Ross

For the reasons to be stated in a forthcoming Memorandum Opinion, it is ordered by the
United States District Court for the District of Maryland that:

1. Defendants’ Motions for Summary Judgment, ECF Nos. 67 (18-1041) and 82 (18-1570),
are DENIED;

2. The parties will be permitted to present evidence outside of the administrative record at
trial; The defense will be permitted to argue at the close of trial that such evidence should
not be considered in the Court’s final decision;

3. The Plaintiffs’ Motions to Consolidate, ECF Nos. 73 (18-1041) and 90 (18-1570), are
GRANTED. The trials in LUPE v. Ross, Case No. 8:18-cv-01570-GJH, and Kravitz et
al. v. U.S. Dep’t of Commerce, et al., No. 8:18-cv-01041 are consolidated pursuant to
Fed. R. Civ. P. Rule 42(a)(1).