International Furniture Mfg. Co. v. United States Department of Labor

MEMORANDUM ***

International Furniture Manufacturing, Inc. (“IFM”), brought an action for judicial review under the Administrative Procedures Act, 5 U.S.C. § 701 , et seq. (“APA”). In its complaint, IFM alleged that the United States Department of Labor (“DOL”) violated the APA by not reaching a decision on IFM’s alien labor certification application within a “reasonable time.” IFM specifically sought a court order compelling the DOL to adjudicate its alien labor certification application. IFM also sought a court order compelling the DOL to establish a non-preferential system to promptly respond to written inquiries regarding alien certification applications and compelling the DOL to establish a non-preferential system for promptly notifying applicants with an accurate estimate of time for completion of an application.

IFM filed its complaint with the district court on May 29, 2001, and the parties each moved for summary judgment in February 2002. The DOL adjudicated IFM’s alien labor certification application on January 25, 2002. As such, the district court found IFM’s complaint moot and granted DOL’s motion for summary judgment. We agree with the district court that IFM’s…