Case: Asociacion de Trabajadores Fronterizos v. U.S. Department of Labor

3:04-cv-00400 | U.S. District Court for the Western District of Texas

Filed Date: Oct. 26, 2004

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On October 26, 2004, the Asociacion de Trabajadores Fronterizos and five of its individual members filed a lawsuit under the Trade Act of 1974, 19 U.S.C. §§2296 & 2320, against the U.S. Department of Labor (DOL) in the U.S. District Court for the Western District of Texas, El Paso Division. The plaintiffs, represented by attorneys from Texas RioGrande Legal Aid and Public Citizen Litigation Group asked the court for declaratory judgment, injunctive relief and litigation costs, claiming that th…

On October 26, 2004, the Asociacion de Trabajadores Fronterizos and five of its individual members filed a lawsuit under the Trade Act of 1974, 19 U.S.C. §§2296 & 2320, against the U.S. Department of Labor (DOL) in the U.S. District Court for the Western District of Texas, El Paso Division. The plaintiffs, represented by attorneys from Texas RioGrande Legal Aid and Public Citizen Litigation Group asked the court for declaratory judgment, injunctive relief and litigation costs, claiming that the Department of Labor violated the Trade Act in its administration of job benefits by providing remedial education instead of bilingual vocational training sufficient to make participants job-ready upon completion.

Plaintiiff Asociacion de Trabajadores Fronterizos (ATF) is a membership organization comprised of workers whose jobs were lost or threatened by foreign competition resulting from NAFTA. Its name translates to "Association of Border Workers." The members of ATF are primarily garment workers of Mexican national origin who communicate in Spanish and have limited English-communication abilities. The named plaintiffs Plaintiffs are members of ATF whose primary residences are in El Paso County, Texas.

Defendant Department of Labor (DOL) is the federal agency responsible for administering the Trade Adjustment Assistance job training benefits to displaced workers provided for under the Trade Act of 1974.

On April 3, 2002, Plaintiffs, along with another party, first filed a lawsuit against the DOL that also named the Texas Workforce Commission (TWC), the Upper Rio Grande Workforce Development Board, and the commissioners and directors of these organizations as defendants. This lawsuit, filed in the U.S. District Court for the Western District of Texas El Paso Division, included the Trade Act violations in its causes of action. This case is not in our database, but its docket number is 3:02-CV-00131. Judge Frank Montalvo severed the claims against the DOL on October 20, 2004 according to a motion by the plaintiffs.

Prior to the severance, ATF filed a lawsuit on June 17, 2004, as the sole plaintiff, against the DOL under the Trade Act in the U.S. District Court for the District of Columbia. On October 20, 2004, the order to transfer the case to the Western District of Texas was granted, with the transfer occurring on December 1, 2004. This case is also not in our database, but its docket number is 1:04-CV-00993. These events resulted in the two concurrent cases in the Western District of Texas under Judge Montalvo.

Plaintiffs filed the complaint in this case on October 26, 2004 and filed a motion for summary judgment on November 5, 2004. Following a hearing on the summary judgment motion on May 24, 2005, the case was referred to Judge Edward Leavy for mediation on June 03, 2005. On December 29, 2005, upon completion of mediation, Plaintiffs filed an unopposed motion to dismiss that included an executed copy of the settlement agreement reached by the parties.

On December 30, 2005, Judge Frank Montalvo granted Plaintiffs' motion to dismiss the case with prejudice and entered a final judgment. In the final judgment, the Court retained jurisdiction to enforce the terms the settlement agreement. The motion to dismiss, corresponding order and the final judgment were filed under this case and the original Texas case. Therefore, the other Texas case concluded with the same settlement agreement and closed on December 30, 2005.

Under the terms of the settlement agreement, the DOL and other defendants must dedicate $6 million in funding to establish a project for Limited English-Proficient (LEP) displaced workers in the El Paso Area. This program will make vocational training, customized training, on-the-job training and remedial education available to eligible participants. Policy changes included recognition of the effectiveness of, and a focus on, dual-language training and a required 80% wage replacement goal. The DOL was also required to issue the Training and Employment Guidance letter within 30 days of the agreement. In addition, counsel for the Plaintiffs, Texas RioGrande Legal Aide, was awarded $30,000 for litigation costs.

Summary Authors

Carasusana Wall (6/7/2010)

People


Judge(s)

Montalvo, Frank (Texas)

Attorneys(s) for Plaintiff

Dale, D Michael (Oregon)

Kirkpatrick, Michael T (District of Columbia)

Rodriguez, Carmen Elena (Texas)

Wesevich, Jerome W. (Texas)

Attorneys(s) for Defendant

Bernstecker, Gary E. (District of Columbia)

Fernandez, Alexander (District of Columbia)

Garcia, Gilberto (District of Columbia)

Hull, Joanna (District of Columbia)

Jara, Magdalena G. (Texas)

Judge(s)

Montalvo, Frank (Texas)

Attorneys(s) for Plaintiff

Dale, D Michael (Oregon)

Kirkpatrick, Michael T (District of Columbia)

Rodriguez, Carmen Elena (Texas)

Wesevich, Jerome W. (Texas)

Attorneys(s) for Defendant

Bernstecker, Gary E. (District of Columbia)

Fernandez, Alexander (District of Columbia)

Garcia, Gilberto (District of Columbia)

Hull, Joanna (District of Columbia)

Jara, Magdalena G. (Texas)

Stearman, Gary K. (District of Columbia)

Tsiros, Alexandra Ann (District of Columbia)

Documents in the Clearinghouse

Document

Docket

ATF v. DOL

Dec. 30, 2005 Docket

Public Citizen Press Release: "Workers Who Lost Factory Jobs After NAFTA Sue Department of Labor for Violating Trade Act Training Law"

ATF v. DOL

No Court

June 17, 2004 Press Release
1

Plaintiffs' Post-Severance Complaint

ATF v. DOL

Oct. 26, 2004 Complaint
4

Memorandum in Support of Plaintiffs' Motion for Summary Judgment

ATF v. DOL

Nov. 5, 2004 Pleading / Motion / Brief
31

The Department of Labor's Response to Plaintiffs' Motion for Summary Judgment

ATF v. DOL

Jan. 6, 2005 Pleading / Motion / Brief
32

Reply Memorandum in Support of Plaintiffs' Motion for Summary Judgment

ATF v. DOL

Jan. 6, 2005 Pleading / Motion / Brief
33

The Department of Labor's Sur-Reply to Plaintiffs' Motion for Summary Judgment

ATF v. DOL

Jan. 20, 2005 Pleading / Motion / Brief
50

Plaintiffs' Unopposed Motion to Dismiss and Settlement Agreement

ATF v. DOL

Dec. 29, 2005 Pleading / Motion / Brief
52

Final Judgment

ATF v. DOL

Dec. 30, 2005 Order/Opinion
51

Final Order of Dismissal

ATF v. DOL

Dec. 30, 2005 Order/Opinion

Resources

Title Description External URL

Asociación de Trabajadores Fronterizos v. Department of Labor

Public Citizen

This suit alleged that the U.S. Department of Labor (DOL) systematically violated The Trade Act of 1974 by failing to ensure that Spanish-speaking workers who lost their jobs in the wake of NAFTA rec… Dec. 30, 2005 https://www.citizen.org/litigation/asociacion-de-trabajadores-fronterizos-v-department-of-labor/

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link

Case assigned to Judge Frank Montalvo (em) (Entered: 10/27/2004)

Oct. 26, 2004
1

Complaint filed. Filing Fee: $ 00 Receipt # 00 (Pages: 10) (em) (Entered: 10/27/2004)

Oct. 26, 2004
2

Motion by U.S. Department of L for more definite statement or in the alternative, to strike Plaintiff's Post-Severance Complaint (md) (Entered: 11/05/2004)

Nov. 5, 2004
3

Motion by Asociacion de Traba, Jose A. De La Cruz, Sandra Mora, Rodrigo Morin, Soledad Renteria, Marisela Rodriguez for summary judgment (md) (Entered: 11/05/2004)

Nov. 5, 2004
4

Memorandum by Asociacion de Traba, Jose A. De La Cruz, Sandra Mora, Rodrigo Morin, Soledad Renteria, Marisela Rodriguez in support of motion for summary judgment [3-1] (md) (Entered: 11/05/2004)

Nov. 5, 2004
5

Statement of material facts as to which there is no genuine facts by Asociacion de Traba, Jose A. De La Cruz, Sandra Mora, Rodrigo Morin, Soledad Renteria, Marisela Rodriguez (md) (Entered: 11/05/2004)

Nov. 5, 2004
6

Appendix for memorandum in support [Volume l of ll4-1] by Asociacion de Traba, Jose A. De La Cruz, Sandra Mora, Rodrigo Morin, Soledad Renteria, Marisela Rodriguez (md) (Entered: 11/05/2004)

Nov. 5, 2004
7

Appendix for memorandum in support Volume ll of ll[4-1] by Asociacion de Traba, Jose A. De La Cruz, Sandra Mora, Rodrigo Morin, Soledad Renteria, Marisela Rodriguez (md) (Entered: 11/05/2004)

Nov. 5, 2004
8

Motion by U.S. Department of Labor to stay its response to Plaintiff's Motion for Summary Judgement (md) (Entered: 11/08/2004)

Nov. 5, 2004
9

Response by Asociacion de Traba, Jose A. De La Cruz, Sandra Mora, Rodrigo Morin, Soledad Renteria, Marisela Rodriguez motion for more definite statement or in the alternative, to strike Plaintiff's Post-Severance Complaint [2-1], motion to stay its response to Plaintiff's Motion for Summary Judgement [8-1] (md) (Entered: 11/08/2004)

Nov. 8, 2004
10

Response by U.S. Department of Labor to motion response [9-1] (md) (Entered: 11/12/2004)

Nov. 9, 2004
11

Response by U.S. Department of Labor to motion response [9-1] (md) (Entered: 11/12/2004)

Nov. 9, 2004
12

Motion by Asociacion de Traba, Jose A. De La Cruz, Sandra Mora, Rodrigo Morin, Soledad Renteria, Marisela Rodriguez for leave to file a sur-reply in opposition to defendant's motion for a m ore definite statement or to strike (cr) (Entered: 11/12/2004)

Nov. 10, 2004
13

Order denying motion for more definite statement or in the alternative, to strike Plaintiff's Post-Severance Complaint [2-1], granting in part, denying in part motion to stay its response to Plaintiff's Motion for Summary Judgement [8-1] and shall file its response on or before December 10, 2004 and defendant shall file its answer on or before November 22, 2004 signed by Judge Frank Montalvo (md) (Entered: 11/12/2004)

Nov. 10, 2004
14

Order that all counsel previously admitted pro hac vice in EP-02-CV-131- FM are hereby admitted pro hac vice in EP-04-CV-400-FM signed by Judge Frank Montalvo (md) (Entered: 11/12/2004)

Nov. 10, 2004
15

Motion by U.S. Department of L for (Joanna Hull) to appear pro hac vice (md) (Entered: 11/17/2004)

Nov. 17, 2004
16

Order granting motion for (Joanna Hull) to appear pro hac vice [15-1] signed by Judge Frank Montalvo (md) (Entered: 11/19/2004)

Nov. 18, 2004
17

Motion by Asociacion de Traba for (Michael T. Kirkpatrick ) to appear pro hac vice (md) Modified on 11/19/2004 (Entered: 11/19/2004)

Nov. 18, 2004
18

Answer by U.S. Department of Labor (md) (Entered: 11/23/2004)

Nov. 22, 2004
19

Motion by Asociacion de Traba, Jose A. De La Cruz, Sandra Mora, Rodrigo Morin, Soledad Renteria, Marisela Rodriguez for (D.Michael Dale) to appear pro hac vice (md) (Entered: 11/24/2004)

Nov. 24, 2004
20

Order granting motion for (Michael T. Kirkpatrick ) to appear pro hac vice [17-1] signed by Judge Frank Montalvo (md) (Entered: 11/30/2004)

Nov. 29, 2004
21

Order denying motion for leave to file a sur-reply in opposition to defendant's motion for a m ore definite statement or to strike [12-1] signed by Judge Frank Montalvo (md) (Entered: 11/30/2004)

Nov. 29, 2004

Pro Hac Vice Filing Fee: $ 25.00 Receipt # 365969 (md) (Entered: 11/30/2004)

Nov. 29, 2004
22

Order granting motion for (D.Michael Dale) to appear pro hac vice [19-1] signed by Judge Frank Montalvo (md) (Entered: 12/01/2004)

Nov. 30, 2004
23

Motion by U.S. Department of L for leave to file a response in excess of ten pages (md) (Entered: 12/13/2004)

Dec. 10, 2004
24

Motion by Asociacion de Traba, Jose A. De La Cruz, Sandra Mora, Rodrigo Morin, Soledad Renteria, Marisela Rodriguez for leave to file a summary judgment reply in excess of five pages (cr) (Entered: 12/22/2004)

Dec. 21, 2004
25

Notice of filing "Reply statement of material facts as to which there is no genuine issue" by Asociacion de Traba, Jose A. De La Cruz, Sandra Mora, Rodrigo Morin, Soledad Renteria, Marisela Rodriguez (cr) (Entered: 12/22/2004)

Dec. 21, 2004
26

Motion by U.S. Department of L for leave to file surreply to Plaintiff's reply memorandum in support of Plaintiffs' motion for Summary Judgement (md) (Entered: 12/29/2004)

Dec. 29, 2004
27

Response by Asociacion de Traba, Jose A. De La Cruz, Sandra Mora, Rodrigo Morin, Soledad Renteria, Marisela Rodriguez motion for leave to file surreply to Plaintiff's reply memorandum in support of Plaintiffs' motion for Summary Judgement [26-1] (md) (Entered: 01/03/2005)

Jan. 3, 2005
28

Order granting motion for leave to file a response in excess of ten pages [23-1] signed by Judge Frank Montalvo (md) (Entered: 01/06/2005)

Jan. 6, 2005
29

Order granting motion for leave to file a summary judgment reply in excess of five pages [24-1] signed by Judge Frank Montalvo (md) (Entered: 01/06/2005)

Jan. 6, 2005
30

Order granting motion for leave to file surreply to Plaintiff's reply memorandum in support of Plaintiffs' motion for Summary Judgement [26- 1] plaintiff is granted leave to file a response to deft. surreply until February 11, 2005 and a hearing requested for Summary judgement is granted and will be set at a later date signed by Judge Frank Montalvo (md) (Entered: 01/06/2005)

Jan. 6, 2005
31

Response by U.S. Department of L motion for summary judgment [3-1] (md) (Entered: 01/06/2005)

Jan. 6, 2005
32

Response by Asociacion de Traba, Jose A. De La Cruz, Sandra Mora, Rodrigo Morin, Soledad Renteria, Marisela Rodriguez in support of motion for summary judgment [3-1] (md) (Entered: 01/06/2005)

Jan. 6, 2005
33

Sur-Relpy by U.S. Department of Labor to motion for summary judgment [3-1] (md) (Entered: 01/20/2005)

Jan. 20, 2005

Pro Hac Vice Filing Fee: $ 25.00 Receipt # 366283 (md) (Entered: 01/21/2005)

Jan. 20, 2005
35

Order for a status conference to be held concurrently with a Status Confernece with case number EP-02-CV-131; parties shall confer and advise the Court by April 29, 2005 of a date most convenient to them from the following, April 26-29; May 5-6,13-20,23-26,31 or June 1-3 signed by Judge Frank Montalvo (md) (Entered: 04/22/2005)

April 22, 2005
36

Letter/Correspondence submitted by U.S. Department of L regarding: status confernce (md) (Entered: 05/02/2005)

April 29, 2005
37

Order Motion hearing motion for summary judgment [3-1] for 2:00 5/24/05 signed by Judge Frank Montalvo (md) (Entered: 05/09/2005)

May 6, 2005
38

Motion by U.S. Department of L for (Gary K. Stearman ) to appear pro hac vice (md) (Entered: 05/18/2005)

May 18, 2005
39

Order granting motion for (Gary K. Stearman ) to appear pro hac vice [38- 1] signed by Judge Frank Montalvo (md) (Entered: 05/23/2005)

May 20, 2005
40

Minutes of proceedings for motion hearing conducted on 5/24/05 by Judge Montlavo. Court Reporter: Benavides (md) (Entered: 05/25/2005)

May 24, 2005

Motion hearing held for the following motions: [3-1] (md) (Entered: 05/25/2005)

May 24, 2005
41

Notice of filing by Asociacion de Traba, Jose A. De La Cruz, Sandra Mora, Rodrigo Morin, Soledad Renteria, Marisela Rodriguez regarding Slided Used in Plaintiff's Summary Judgement Presentation (md) (Entered: 06/02/2005)

June 2, 2005
42

Order referring case to mediation to the Honorable Edward Leavy, mediation shall be complete by the end of July ot middle of August 2005 signed by Judge Frank Montalvo (md) (Entered: 06/03/2005)

June 3, 2005
43

Notice of filing regarding Mediation Status by Asociacion de Traba, Jose A. De La Cruz, Sandra Mora, Rodrigo Morin, Soledad Renteria, Marisela Rodriguez, U.S. Department of L (md) (Entered: 08/15/2005)

Aug. 12, 2005
44

Notice of filing regarding First Supplemental Notice of Mediation Stauts by Asociacion de Traba, Jose A. De La Cruz, Sandra Mora, Rodrigo Morin, Soledad Renteria, Marisela Rodriguez, U.S. Department of L (md) (Entered: 09/16/2005)

Sept. 16, 2005
45

Notice of Second Supplemental Notice of Mediation Staus filing by Asociacion de Traba, Jose A. De La Cruz, Sandra Mora, Rodrigo Morin, Soledad Renteria, Marisela Rodriguez, U.S. Department of L (md) (Entered: 10/11/2005)

Oct. 7, 2005
47

Notice of filing by Asociacion de Traba, Jose A. De La Cruz, Sandra Mora, Rodrigo Morin, Soledad Renteria, Marisela Rodriguez regarding Fifth Supplemental Notice of Mediation Status (md) (Entered: 12/05/2005)

Dec. 2, 2005
48

Order setting status conference at 10:00 12/19/05 signed by Judge Frank Montalvo (md) (Entered: 12/07/2005)

Dec. 7, 2005
49

Order REMOVING STATUS CONFERNECE FROM CALENDAR signed by Judge Frank Montalvo (md) (Entered: 12/16/2005)

Dec. 16, 2005
50

Motion by Asociacion de Traba, Jose A. De La Cruz, Sandra Mora, Rodrigo Morin, Soledad Renteria, Marisela Rodriguez, U.S. Department of L to dismiss (cr) (Entered: 01/03/2006)

Dec. 29, 2005
51

Order granting motion to dismiss [50-1] signed by Judge Frank Montalvo (cr) (Entered: 01/03/2006)

Dec. 30, 2005
52

Judgment signed by Judge Frank Montalvo (cr) (Entered: 01/03/2006)

Dec. 30, 2005

Case closed (cr) (Entered: 01/03/2006)

Dec. 30, 2005

State / Territory: Texas

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Oct. 26, 2004

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Spanish-speaking workers, mostly of limited English proficiency, who lost their jobs because of NAFTA and were not provided with the vocational training promised in the Trade Act of 1974.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Labor (Washington), Federal

Case Details

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal