Case: United Farm Workers v. Department of Labor

1:07-cv-02241 | U.S. District Court for the District of Columbia

Filed Date: Dec. 13, 2007

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On December 13, 2007, the United Farm Workers and Farmworker Justice, two worker advocacy groups, filed this lawsuit against the U.S. Department of Labor (DOL). They filed under the Freedom of Information Act in the U.S. District Court for the District of Columbia, and the case was assigned to Judge Henry H. Kennedy. The plaintiffs, represented by the Public Citizen Litigation Group and Farmworker Justice sought declaratory and injunctive relief. Specifically, they requested that their document…

On December 13, 2007, the United Farm Workers and Farmworker Justice, two worker advocacy groups, filed this lawsuit against the U.S. Department of Labor (DOL). They filed under the Freedom of Information Act in the U.S. District Court for the District of Columbia, and the case was assigned to Judge Henry H. Kennedy. The plaintiffs, represented by the Public Citizen Litigation Group and Farmworker Justice sought declaratory and injunctive relief. Specifically, they requested that their document requests be fulfilled without delay or cost and that the defendant's failure to produce these documents previously be declared as unlawful. The plaintiffs alleged that the DOL failed to release public information about employers who had used the H-2A visa program to hire foreign guest workers instead of U.S. workers. The plaintiffs wrote that they had made 7 separate FOIA requests, some nearly a year ago, which the DOL had either ignored or responded to in a deficient manner. The plaintiffs alleged that the FOIA requests were made in order to uncover documents which they believe will show employer abuses in the H-2A program.

On February 8, 2008, the plaintiffs filed an amended complaint after the DOL identified 32,809 documents that would fulfill the plaintiffs sixth and seventh FOIA requests but refused to produce them without reproduction costs of $723.50. The amended complaint reiterated their request for the documents without cost. On March 10, 2008, the defendants filed a motion to dismiss for lack of jurisdiction and a motion for summary judgment, which was answered by the plaintiffs' cross-motion for summary judgment on April 11, 2008.

Before the court decided on these motions, the plaintiffs filed a status report on July 18, 2008. The report stated that the DOL had produced documents in response to all 7 FOIA requests to the plaintiffs' satisfaction, and also granted fee waivers for all requests. The report concluded that all matters had settled except for attorneys' fees and costs. The defendants entered a stipulation of settlement paying attorneys' fees and voluntary dismissal on September 5, 2008, which was accepted by the Court on September 11, 2008. The case is now closed.

Summary Authors

Dan Dalton (12/21/2007)

Carter Powers Beggs (10/23/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4208664/parties/united-farm-workers-v-department-of-labor/


Judge(s)

Kennedy, Henry Harold Jr. (District of Columbia)

Attorneys(s) for Plaintiff

Contreras, Rudolph (District of Columbia)

Goldstein, Bruce Nevin (District of Columbia)

Kirkpatrick, Michael T (District of Columbia)

Rosenbaum, Adina H. (District of Columbia)

Ruiz, Virginia (District of Columbia)

Taylor, Jeff (District of Columbia)

Willenson, Marni (District of Columbia)

Attorneys(s) for Defendant

Johnson, Michelle Nicole (District of Columbia)

Judge(s)

Kennedy, Henry Harold Jr. (District of Columbia)

Attorneys(s) for Plaintiff

Contreras, Rudolph (District of Columbia)

Goldstein, Bruce Nevin (District of Columbia)

Kirkpatrick, Michael T (District of Columbia)

Rosenbaum, Adina H. (District of Columbia)

Ruiz, Virginia (District of Columbia)

Taylor, Jeff (District of Columbia)

Willenson, Marni (District of Columbia)

Attorneys(s) for Defendant

Johnson, Michelle Nicole (District of Columbia)

Documents in the Clearinghouse

Document

Docket

Sept. 11, 2008 Docket

Groups Sue Department of Labor Over Foreign Guestworker Documents

No Court

Dec. 13, 2007 Press Release
1

Complaint for Declaratory and Injunction Relief

Dec. 13, 2007 Complaint
7

Amended Complaint for Declaratory and Injunctive Relief

United Farmworkers v. Department of Labor

Feb. 8, 2008 Complaint
20

Plaintiffs' Status Report

July 18, 2008 Pleading / Motion / Brief
21

Stipulation of Settlement and Voluntary Dismissal

Sept. 5, 2008 Settlement Agreement

Resources

Title Description External URL

United Farm Workers and Farmworker Justice v. Department of Labor

Public Citizen

Public Citizen brought this case under the Freedom of Information Act (FOIA) to compel the Department of Labor (DOL) to release public records requested by the United Farm Workers (UFW) and Farmworke… April 30, 2008 https://www.citizen.org/litigation/united-farm-workers-and-farmworker-justice-v-department-of-labor/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4208664/united-farm-workers-v-department-of-labor/

Last updated May 13, 2022

ECF Number Description Date Link
1

COMPLAINT against DEPARTMENT OF LABOR ( Filing fee $ 350, receipt number 4616008914) filed by UNITED FARM WORKERS, FARMWORKER JUSTICE. (Attachments: # 1 Civil Cover Sheet)(lc, ) (Entered: 12/14/2007)

Dec. 13, 2007 RECAP
2

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by UNITED FARM WORKERS, FARMWORKER JUSTICE (lc, ) (Entered: 12/14/2007)

Dec. 13, 2007 RECAP
3

NOTICE of Appearance by Michelle Nicole Johnson on behalf of DEPARTMENT OF LABOR (Johnson, Michelle) (Entered: 01/14/2008)

Jan. 14, 2008 RECAP
4

Joint MOTION For the Entry of a Briefing Schedule by DEPARTMENT OF LABOR (Attachments: # 1 Text of Proposed Order)(Johnson, Michelle) (Entered: 01/14/2008)

Jan. 14, 2008 RECAP
5

NOTICE of Appearance by Virginia E. Ruiz on behalf of FARMWORKER JUSTICE (Ruiz, Virginia) (Entered: 01/15/2008)

Jan. 15, 2008 RECAP
6

NOTICE of Appearance by Marni Willenson on behalf of UNITED FARM WORKERS, FARMWORKER JUSTICE (Willenson, Marni) (Entered: 01/17/2008)

Jan. 17, 2008 RECAP
7

AMENDED COMPLAINT against DEPARTMENT OF LABOR filed by UNITED FARM WORKERS, FARMWORKER JUSTICE.(nmw, ) (Entered: 02/12/2008)

Feb. 8, 2008 RECAP
8

Unopposed MOTION to Deposit Funds by UNITED FARM WORKERS, FARMWORKER JUSTICE (Attachments: # 1 Text of Proposed Order)(Kirkpatrick, Michael) (Entered: 02/15/2008)

Feb. 15, 2008 RECAP
9

ORDER granting the plaintiff's 8 motion to deposit $810.65 to the Court's registry. (See document for further details) Signed by Judge Henry H. Kennedy on 2/20/08. (tj ) (Entered: 02/22/2008)

Feb. 22, 2008 RECAP
10

DEPOSIT of Sequestered Funds by Plaintiffs in the amount of $ $810.65, Receipt Number 4616010576. (lc, ) (Entered: 02/28/2008)

Feb. 27, 2008 RECAP
11

Consent MOTION to Amend the Briefing Schedule by DEPARTMENT OF LABOR (Attachments: # 1 Text of Proposed Order)(Johnson, Michelle) (Entered: 02/29/2008)

Feb. 29, 2008 RECAP
12

MOTION to Dismiss for Lack of Jurisdiction, MOTION for Summary Judgment by DEPARTMENT OF LABOR (Attachments: # 1 Declaration of William L. Carlson (with exhibits), # 2 Exhibit A-D, # 3 Exhibit E to H, # 4 Exhibit I & J, # 5 Exhibit K & L, # 6 Exhibit M, # 7 Exhibit N to R, # 8 Exhibit S to X, # 9 Exhibit Y, # 10 Statement of Facts, # 11 Text of Proposed Order)(Johnson, Michelle) (Entered: 03/10/2008)

March 10, 2008 RECAP
13

Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment by UNITED FARM WORKERS, FARMWORKER JUSTICE (Attachments: # 1 Statement of Facts, # 2 Exhibit AA - FF, # 3 Exhibit GG - HH, # 4 Declaration of Virginia Ruiz, # 5 Exhibit One to Ruiz Declaration, # 6 Exhibit Two to Ruiz Declaration, # 7 Exhibit Three to Ruiz Declaration, # 8 Exhibit Four to Ruiz Declaration, # 9 Text of Proposed Order)(Kirkpatrick, Michael) (Entered: 04/11/2008)

April 11, 2008 RECAP
14

Memorandum in opposition to re 12 MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment Response in Opposition filed by UNITED FARM WORKERS, FARMWORKER JUSTICE. (Kirkpatrick, Michael) (Entered: 04/11/2008)

April 11, 2008 RECAP
15

Memorandum in opposition to re 13 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by DEPARTMENT OF LABOR. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1)(Johnson, Michelle) (Entered: 04/25/2008)

April 25, 2008 RECAP
16

REPLY to opposition to motion re 12 MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment filed by DEPARTMENT OF LABOR. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1)(Johnson, Michelle) (Entered: 04/25/2008)

April 25, 2008 RECAP
17

REPLY to opposition to motion re 13 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by UNITED FARM WORKERS, FARMWORKER JUSTICE. (Attachments: # 1 Text of Proposed Order)(Kirkpatrick, Michael) (Entered: 04/30/2008)

April 30, 2008 RECAP
18

Unopposed MOTION for Release of Funds by UNITED FARM WORKERS, FARMWORKER JUSTICE (Attachments: # 1 Text of Proposed Order)(Kirkpatrick, Michael) (Entered: 05/01/2008)

May 1, 2008 RECAP
19

ORDER granting leave for plaintiffs to withdraw funds 18 from the court's registry. (Signed by Judge Henry H. Kennedy on 5/2/08 (tj ) (Entered: 05/08/2008)

May 8, 2008 RECAP
20

STATUS REPORT by UNITED FARM WORKERS, FARMWORKER JUSTICE. (Attachments: # 1 Exhibit I to IV)(Kirkpatrick, Michael) (Entered: 07/18/2008)

July 18, 2008 RECAP
21

STIPULATION of Settlement and Voluntary Dismissal by DEPARTMENT OF LABOR. (Johnson, Michelle) (Entered: 09/05/2008)

Sept. 5, 2008 RECAP
22

ORDER approving the stipulation of settlement and voluntary dismissal. (Signed by Judge Henry H. Kennedy on 9/8/08). (tj ) (Entered: 09/11/2008)

Sept. 11, 2008 PACER

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Dec. 13, 2007

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United Farm Workers and Farmworker Justice, two worker advocacy groups

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Farmworker Justice

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Labor, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Freedom of Information Act (FOIA), 5 U.S.C. § 552

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: 60,000

Content of Injunction:

Required disclosure

Issues

General:

Records Disclosure

Immigration/Border:

Employment

Temporary foreign workers program