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)
Attorney for Plaintiff

Dale, D Michael (Oregon)

Attorney for Defendant

Bernstecker, Gary E. (District of Columbia)

Fernandez, Alexander (District of Columbia)

Garcia, Gilberto (District of Columbia)

Hull, Joanna (District of Columbia)

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Documents in the Clearinghouse

Document

3:04-cv-00400

Docket

ATF v. DOL

Dec. 30, 2005

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

June 17, 2004

Press Release
1

3:04-cv-00400

Plaintiffs' Post-Severance Complaint

ATF v. DOL

Oct. 26, 2004

Oct. 26, 2004

Complaint
4

3:04-cv-00400

Memorandum in Support of Plaintiffs' Motion for Summary Judgment

ATF v. DOL

Nov. 5, 2004

Nov. 5, 2004

Pleading / Motion / Brief
32

3:04-cv-00400

Reply Memorandum in Support of Plaintiffs' Motion for Summary Judgment

ATF v. DOL

Jan. 6, 2005

Jan. 6, 2005

Pleading / Motion / Brief
31

3:04-cv-00400

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

ATF v. DOL

Jan. 6, 2005

Jan. 6, 2005

Pleading / Motion / Brief
33

3:04-cv-00400

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

ATF v. DOL

Jan. 20, 2005

Jan. 20, 2005

Pleading / Motion / Brief
50

3:04-cv-00400

02-cv-00131

Plaintiffs' Unopposed Motion to Dismiss and Settlement Agreement

ATF v. DOL

Dec. 29, 2005

Dec. 29, 2005

Pleading / Motion / Brief
52

3:04-cv-00400

02-cv-00131

Final Judgment

ATF v. DOL

Dec. 30, 2005

Dec. 30, 2005

Order/Opinion
51

3:04-cv-00400

02-cv-00131

Final Order of Dismissal

ATF v. DOL

Dec. 30, 2005

Dec. 30, 2005

Order/Opinion

Resources

Docket

Last updated March 24, 2025, 8:12 a.m.

ECF Number Description Date Link Date / Link

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

Oct. 26, 2004

Oct. 26, 2004

1

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

Oct. 26, 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

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

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

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

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

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

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

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

Nov. 8, 2004

10

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

Nov. 9, 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

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

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

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

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

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

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

Nov. 18, 2004

18

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

Nov. 22, 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

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

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

Nov. 29, 2004

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

Nov. 29, 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

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

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

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

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

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

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

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

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

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

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

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

Jan. 20, 2005

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

Jan. 20, 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

April 22, 2005

36

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

April 29, 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

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

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

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

May 24, 2005

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

May 24, 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

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

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

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

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

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

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

Dec. 7, 2005

49

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

Dec. 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

Dec. 29, 2005

51

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

Dec. 30, 2005

Dec. 30, 2005

52

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

Dec. 30, 2005

Dec. 30, 2005

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

Dec. 30, 2005

Dec. 30, 2005

Case Details