Board of Education for The Gallup-McKinley County Public Schools v. Lucas et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
BOARD OF EDUCATION FOR THE
GALLUP-MCKINLEY COUNTY PUBLIC SCHOOLS,
Plaintiff,
v. No. 1:25-cv-00762-KG-JFR
ANDREA R. LUCAS, in her official capacity
as Acting Chair of the U.S. Equal Employment
Opportunity Commission and U.S. EQUAL
EMPLOYMENT OPPORTUNITY COMMISSION,
Defendants.
ORDER TO SHOW CAUSE
This Order is before the Court sua sponte. Plaintiff Board of Education for the
Gallup-McKinley County Public Schools filed this action for declaratory and injunctive relief
seeking review of an agency action. Doc. 1. Plaintiff asserts that Defendants’ ongoing
investigation of alleged unlawful employment practices by Plaintiff violates the Administrative
Procedure Act, 5 U.S.C. § 706(2)(A), and the Fifth Amendment’s Due Process Clause. Doc. 1 at
2. Plaintiff seeks an order setting aside Defendants’ Charge of Discrimination as unlawful,
restraining Defendants from further investigation, quashing all subpoenas, and enjoining
Defendants from filing any future charges “that would be inconsistent with the Court’s order.”
Id. at 21.
Federal Rule of Civil Procedure 42 permits the Court to consolidate actions that “involve
a common question of law or fact.” The Court has broad discretion in determining whether to
consolidate cases. Cheney v. Judd, 429 F. Supp. 3d 931, 936 (D.N.M. 2019). It appears the
issues in this case involve common questions of law and fact as the issues in EEOC v. Gallup-
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McKinley County Schools, No. 1:25-mc-025-MLG (D.N.M. filed Aug. 21, 2025) and EEOC v.
Gallup-McKinley County Schools, No. 1:26-mc-00019-KG (D.N.M. filed April 27, 2026). In
those cases, the EEOC seeks to enforce administrative subpoenas issued by the Commission in
its investigation into alleged practices and patterns of racial discrimination against Native
American employees and applicants by Plaintiff.
The Court orders the parties, within 14 days of this order, to show cause why the present
case should not be consolidated with the aforementioned actions initiated by the EEOC.
IT IS SO ORDERED.
/s/Kenneth J. Gonzales___________________
CHIEF UNITED STATES DISTRICT JUDGE
• Please note that this document has been
electronically filed. To verify its
authenticity, please refer to the Digital File
Stamp on the NEF (Notice of Electronic
Filing) accompanying this document.
Electronically filed documents can be found
on the Court’s PACER public access
system.
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