Case: North Carolina Growers' Association, Inc. v. Solis

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Fourth Circuit

COMPLAINT against HILDA L SOLIS, UNITED STATES DEPARTMENT OF LABOR, JANET NAPOLITANO, UNITED STATES DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 350 receipt number 04180000000000616697.), filed by NORTH CAROLINA AGRIBUSINESS COUNCIL, INC, MAINE FOREST PRODUCTS COUNCIL, ALTA CITRUS, LLC, EVERGLADES HARVESTING & HAULING, INC., DESOTO FRUIT & HARVESTING, INC, FOREST RESOURCES ASSOCIATION, TITAN PEACH FARMS, INC., H-2A USA, INC., OVERLOOK HARVESTING COMPANY, LLC, NORTH CAROLINA GROWERS' ASSOCIATION, INC., NATIONAL CHRISTMAS TREE ASSOCIATION, FLORIDA FRUIT & VEGETABLE, VIRGINIA AGRICULTURAL GROWERS ASSOCIATION, INC., SNAKE RIVER FARMERS ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, NORTH CAROLINA CHRISTMAS TREE ASSOCIATION, NORTH CAROLINA PICKLE PRODUCERS ASSOCIATION, FLORIDA CITRUS MUTUAL.(LOFTIS, WILLIAM) (Entered: 06/09/2009)

MOTION for Preliminary Injunction by NORTH CAROLINA AGRIBUSINESS COUNCIL, INC, MAINE FOREST PRODUCTS COUNCIL, ALTA CITRUS, LLC, EVERGLADES HARVESTING & HAULING, INC., DESOTO FRUIT & HARVESTING, INC, FOREST RESOURCES ASSOCIATION, TITAN PEACH FARMS, INC., H-2A USA, INC., OVERLOOK HARVESTING COMPANY, LLC, NORTH CAROLINA GROWERS' ASSOCIATION, INC., NATIONAL CHRISTMAS TREE ASSOCIATION, FLORIDA FRUIT & VEGETABLE, VIRGINIA AGRICULTURAL GROWERS ASSOCIATION, INC., SNAKE RIVER FARMERS ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, NORTH CAROLINA CHRISTMAS TREE ASSOCIATION, NORTH CAROLINA PICKLE PRODUCERS ASSOCIATION, FLORIDA CITRUS MUTUAL. Responses due by 7/2/2009. (LOFTIS, WILLIAM) (Entered: 06/09/2009)

MEMORANDUM re 2 MOTION for Preliminary Injunction filed by NORTH CAROLINA AGRIBUSINESS COUNCIL, INC, MAINE FOREST PRODUCTS COUNCIL, ALTA CITRUS, LLC, EVERGLADES HARVESTING & HAULING, INC., DESOTO FRUIT & HARVESTING, INC, FOREST RESOURCES ASSOCIATION, TITAN PEACH FARMS, INC., H-2A USA, INC., OVERLOOK HARVESTING COMPANY, LLC, NORTH CAROLINA GROWERS' ASSOCIATION, INC., NATIONAL CHRISTMAS TREE ASSOCIATION, FLORIDA FRUIT & VEGETABLE, VIRGINIA AGRICULTURAL GROWERS ASSOCIATION, INC., SNAKE RIVER FARMERS ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, NORTH CAROLINA CHRISTMAS TREE ASSOCIATION, NORTH CAROLINA PICKLE PRODUCERS ASSOCIATION, FLORIDA CITRUS MUTUAL. (LOFTIS, WILLIAM) (Entered: 06/09/2009)

APPENDIX re 3 Memorandum by Plaintiffs NORTH CAROLINA AGRIBUSINESS COUNCIL, INC, MAINE FOREST PRODUCTS COUNCIL, ALTA CITRUS, LLC, EVERGLADES HARVESTING & HAULING, INC., DESOTO FRUIT & HARVESTING, INC, FOREST RESOURCES ASSOCIATION, TITAN PEACH FARMS, INC., H-2A USA, INC., OVERLOOK HARVESTING COMPANY, LLC, NORTH CAROLINA GROWERS' ASSOCIATION, INC., NATIONAL CHRISTMAS TREE ASSOCIATION, FLORIDA FRUIT & VEGETABLE, VIRGINIA AGRICULTURAL GROWERS ASSOCIATION, INC., SNAKE RIVER FARMERS ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, NORTH CAROLINA CHRISTMAS TREE ASSOCIATION, NORTH CAROLINA PICKLE PRODUCERS ASSOCIATION, FLORIDA CITRUS MUTUAL. (Attachments: # 1 Exhibit 1 - Swanton Aff., # 2 Exhibit 2 - Wicker Aff, # 3 Exhibit 3 - Shea Aff., # 4 Exhibit 4 - Maciborski Aff., # 5 Exhibit 5 - Cases)(LOFTIS, WILLIAM) (Additional attachment(s) added on 6/10/2009: # 6 Corrected Exhibit-Affidavit of Robin E. Shea) (Taylor, Abby). (Entered: 06/09/2009)

Summons Issued as to HILDA L. SOLIS, UNITED STATES DEPARTMENT OF LABOR, JANET NAPOLITANO, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, US ATTORNEY GENERAL, US ATTONEY. (Attachments: # 1 Additional summons, # 2 Additional summons, # 3 Additional summons, # 4 Additional summons, # 5 Additional summons) (Taylor, Abby). (Entered: 06/09/2009)

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff ALTA CITRUS, LLC. (LOFTIS, WILLIAM) (Entered: 06/09/2009)

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff FLORIDA CITRUS MUTUAL. (LOFTIS, WILLIAM) (Entered: 06/09/2009)

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff FLORIDA FRUIT & VEGETABLE. (LOFTIS, WILLIAM) (Entered: 06/09/2009)

Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Taylor, Abby) (Entered: 06/09/2009)

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS. (LOFTIS, WILLIAM) (Entered: 06/09/2009)

MOTION to Expedite Hearing by NORTH CAROLINA AGRIBUSINESS COUNCIL, INC, MAINE FOREST PRODUCTS COUNCIL, ALTA CITRUS, LLC, EVERGLADES HARVESTING & HAULING, INC., DESOTO FRUIT & HARVESTING, INC, FOREST RESOURCES ASSOCIATION, TITAN PEACH FARMS, INC., H-2A USA, INC., OVERLOOK HARVESTING COMPANY, LLC, NORTH CAROLINA GROWERS' ASSOCIATION, INC., NATIONAL CHRISTMAS TREE ASSOCIATION, FLORIDA FRUIT & VEGETABLE, VIRGINIA AGRICULTURAL GROWERS ASSOCIATION, INC., SNAKE RIVER FARMERS ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, NORTH CAROLINA CHRISTMAS TREE ASSOCIATION, NORTH CAROLINA PICKLE PRODUCERS ASSOCIATION, FLORIDA CITRUS MUTUAL. Responses due by 7/2/2009. (LOFTIS, WILLIAM) (Entered: 06/09/2009)

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff NATIONAL CHRISTMAS TREE ASSOCIATION. (LOFTIS, WILLIAM) (Entered: 06/09/2009)

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff TITAN PEACH FARMS, INC. (LOFTIS, WILLIAM) (Entered: 06/09/2009)

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff NORTH CAROLINA AGRIBUSINESS COUNCIL, INC. (LOFTIS, WILLIAM) (Entered: 06/09/2009)

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff NORTH CAROLINA GROWERS' ASSOCIATION, INC. (LOFTIS, WILLIAM) (Entered: 06/09/2009)

NOTICE of Filing Affidavit in Support re 3 Memorandum by NORTH CAROLINA AGRIBUSINESS COUNCIL, INC, MAINE FOREST PRODUCTS COUNCIL, ALTA CITRUS, LLC, EVERGLADES HARVESTING & HAULING, INC., DESOTO FRUIT & HARVESTING, INC, FOREST RESOURCES ASSOCIATION, TITAN PEACH FARMS, INC., H-2A USA, INC., OVERLOOK HARVESTING COMPANY, LLC, NORTH CAROLINA GROWERS' ASSOCIATION, INC., NATIONAL CHRISTMAS TREE ASSOCIATION, FLORIDA FRUIT & VEGETABLE, VIRGINIA AGRICULTURAL GROWERS ASSOCIATION, INC., SNAKE RIVER FARMERS ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, NORTH CAROLINA CHRISTMAS TREE ASSOCIATION, NORTH CAROLINA PICKLE PRODUCERS ASSOCIATION, FLORIDA CITRUS MUTUAL. (Attachments: # 1 Affidavit C. Stanford Eury, Jr.)(LOFTIS, WILLIAM) (Entered: 06/09/2009)

NOTICE of Appearance by attorney ROBIN E. SHEA on behalf of Plaintiffs NORTH CAROLINA AGRIBUSINESS COUNCIL, INC, MAINE FOREST PRODUCTS COUNCIL, ALTA CITRUS, LLC, EVERGLADES HARVESTING & HAULING, INC., DESOTO FRUIT & HARVESTING, INC, FOREST RESOURCES ASSOCIATION, TITAN PEACH FARMS, INC., H-2A USA, INC., OVERLOOK HARVESTING COMPANY, LLC, NORTH CAROLINA GROWERS' ASSOCIATION, INC., NATIONAL CHRISTMAS TREE ASSOCIATION, FLORIDA FRUIT & VEGETABLE, VIRGINIA AGRICULTURAL GROWERS ASSOCIATION, INC., SNAKE RIVER FARMERS ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, NORTH CAROLINA CHRISTMAS TREE ASSOCIATION, NORTH CAROLINA PICKLE PRODUCERS ASSOCIATION, FLORIDA CITRUS MUTUAL (SHEA, ROBIN) (Entered: 06/09/2009)

AMENDED DOCUMENT Certificate of Service for Pldg. # 1 through Pldg. # 17 by NORTH CAROLINA AGRIBUSINESS COUNCIL, INC, MAINE FOREST PRODUCTS COUNCIL, ALTA CITRUS, LLC, EVERGLADES HARVESTING & HAULING, INC., DESOTO FRUIT & HARVESTING, INC, FOREST RESOURCES ASSOCIATION, TITAN PEACH FARMS, INC., H-2A USA, INC., OVERLOOK HARVESTING COMPANY, LLC, NORTH CAROLINA GROWERS' ASSOCIATION, INC., NATIONAL CHRISTMAS TREE ASSOCIATION, FLORIDA FRUIT & VEGETABLE, VIRGINIA AGRICULTURAL GROWERS ASSOCIATION, INC., SNAKE RIVER FARMERS ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, NORTH CAROLINA CHRISTMAS TREE ASSOCIATION, NORTH CAROLINA PICKLE PRODUCERS ASSOCIATION, FLORIDA CITRUS MUTUAL. (LOFTIS, WILLIAM) (Entered: 06/09/2009)

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff OVERLOOK HARVESTING COMPANY, LLC. (LOFTIS, WILLIAM) (Entered: 06/10/2009)

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff EVERGLADES HARVESTING & HAULING, INC. (LOFTIS, WILLIAM) (Entered: 06/10/2009)

NOTICE of Appearance by attorney GEOFFREY FORNEY on behalf of Defendants HILDA L. SOLIS, UNITED STATES DEPARTMENT OF LABOR, JANET NAPOLITANO, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (FORNEY, GEOFFREY) (Entered: 06/10/2009)

NOTICE re 3 Memorandum by NORTH CAROLINA AGRIBUSINESS COUNCIL, INC, MAINE FOREST PRODUCTS COUNCIL, ALTA CITRUS, LLC, EVERGLADES HARVESTING & HAULING, INC., DESOTO FRUIT & HARVESTING, INC, FOREST RESOURCES ASSOCIATION, TITAN PEACH FARMS, INC., H-2A USA, INC., OVERLOOK HARVESTING COMPANY, LLC, NORTH CAROLINA GROWERS' ASSOCIATION, INC., NATIONAL CHRISTMAS TREE ASSOCIATION, FLORIDA FRUIT & VEGETABLE, VIRGINIA AGRICULTURAL GROWERS ASSOCIATION, INC., SNAKE RIVER FARMERS ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, NORTH CAROLINA CHRISTMAS TREE ASSOCIATION, NORTH CAROLINA PICKLE PRODUCERS ASSOCIATION, FLORIDA CITRUS MUTUAL. (Attachments: # 1 Affidavit of Pam Helmsing)(LOFTIS, WILLIAM) (Entered: 06/11/2009)

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff H-2A USA, INC. (LOFTIS, WILLIAM) (Entered: 06/11/2009)

NOTICE of Appearance by attorney GILL P. BECK on behalf of Defendants HILDA L. SOLIS, UNITED STATES DEPARTMENT OF LABOR, JANET NAPOLITANO, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (BECK, GILL) (Entered: 06/11/2009)

ORDER signed by JUDGE WILLIAM L. OSTEEN JR. on 06/11/09, that a hearing and oral argument be held on June 22, 2009 at 9:30 a.m. in Greensboro, North Carolina, Courtroom 3, on Plaintiffs' Motion for Preliminary Injunction. FURTHER that Defendants have until June 18, 2009 at 5:00 p.m. to file any written responses (including briefs or affidavits as appropriate) to Plaintiffs' Motion for Preliminary Injunction. Plaintiffs may file a reply to Defendants' responses on or before June 19, 2009 at 5:00 p.m. The court further directs Plaintiffs and Defendants to prepare and file their findings of fact and conclusions of law on or before June 19, 2009 at 5:00 p.m. and to e-mail their respective proposed orders as done in the normal course of business. (Law, Trina) (Entered: 06/11/2009)

Telephone/Electronic Notice on 6/11/2009 to the following: Attorneys Shea, Loftis and Forney re: scheduling of telephone conference with Judge Osteen, Jr. on 6/11/09 @ 2:00 p.m. Counsel for plaintiff to initiate the telephone call. (Williamson, Wanda)

Minute Entry for proceedings held before JUDGE WILLIAM L. OSTEEN JR.: Telephone Conference held on 6/11/2009. Hearing re: 2 Motion for Preliminary Injunction set for 6/22/2009 @ 9:30 a.m. before JUDGE WILLIAM L. OSTEEN, JR. in G-3. (Williamson, Wanda)

Set Hearing: Preliminary Injunction Hearing set for 6/22/2009 09:30 AM in Greensboro Courtroom #3 before JUDGE WILLIAM L. OSTEEN JR. (Law, Trina)

Set Deadlines re 2 MOTION for Preliminary Injunction: Responses due by 6/18/2009. Replies due by 6/19/2009. (Law, Trina)

AFFIDAVIT OF SERVICE ON GOVERNMENT on certified mail as to UNITED STATES DEPARTMENT OF LABOR served on 6/10/2009, answer due 8/10/2009; UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 6/10/2009, answer due 8/10/2009. on certified mail as to Victoria Morgan (Attachments: # 1 Exhibit A - Certified Mail Receipt)(LOFTIS, WILLIAM) (Entered: 06/12/2009)

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff NORTH CAROLINA CHRISTMAS TREE ASSOCIATION. (LOFTIS, WILLIAM) (Entered: 06/12/2009)

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff FOREST RESOURCES ASSOCIATION. (LOFTIS, WILLIAM) (Entered: 06/12/2009)

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff SNAKE RIVER FARMERS ASSOCIATION. (LOFTIS, WILLIAM) (Entered: 06/12/2009)

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff VIRGINIA AGRICULTURAL GROWERS ASSOCIATION, INC.. (LOFTIS, WILLIAM) (Entered: 06/12/2009)

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff MAINE FOREST PRODUCTS COUNCIL. (LOFTIS, WILLIAM) (Entered: 06/12/2009)

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff DESOTO FRUIT & HARVESTING, INC. (LOFTIS, WILLIAM) (Entered: 06/12/2009)

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff NORTH CAROLINA PICKLE PRODUCERS ASSOCIATION. (LOFTIS, WILLIAM) (Entered: 06/12/2009)

AFFIDAVIT OF SERVICE ON GOVERNMENT on certified mail as to HILDA L. SOLIS served on 6/12/2009, answer due 8/11/2009 on certified mail as to Waterloo. (Attachments: # 1 Exhibit A - Certified Mail receipt)(LOFTIS, WILLIAM) (Entered: 06/15/2009)

AFFIDAVIT OF SERVICE ON GOVERNMENT on Certified Mail as to UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 6/12/2009, answer due 8/10/2009. on Certified Mail as to Jonathan P (last name illegible) (Attachments: # 1 Exhibit A - Certified Mail Receipt)(LOFTIS, WILLIAM) (Entered: 06/18/2009)

RESPONSE in Opposition re 2 MOTION for Preliminary Injunction, 3 Memorandum filed by HILDA L. SOLIS, UNITED STATES DEPARTMENT OF LABOR, JANET NAPOLITANO, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. Replies due by 6/19/2009. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(FORNEY, GEOFFREY) (Entered: 06/18/2009)

MOTION to Intervene as Parties Defendant by United Farm Workers, JAMES CEASE, MARIO CENTENO-RODRIGUEZ, JUAN CISNEROS-IBARRA, LUIS ENRIQUE CISNEROS-IBARRA, REYMUNDO GUTIERREZ, CARLOS LUIS GUZMAN-CENTENO, JOSE RAUL GUZMAN-CENTENO, ABELARDO HERNANDEZ-AGUAS, GREGORIO HUERTAS-SAMANO, PEDRO IBARRA-AVILA, ATANACIO LUGO-RINCON, OBDULA MALDONADO-ABELLANEDA, MIGUEL ANGEL OLGUIN-HERNANDEZ, ARTURO OLGUIN-MONROY, OMERA RODRIGUEZ-GUZMAN, DESIDERIO TOVAR-ZAPATA, ALEJANDRO TREJO-LEON. Responses due by 7/13/2009 (Attachments: # 1 Affidavit UFW)(WILLIS, ROBERT) (Entered: 06/18/2009)

MEMORANDUM re 37 MOTION to Intervene as Parties Defendant in Support filed by United Farm Workers, JAMES CEASE, MARIO CENTENO-RODRIGUEZ, JUAN CISNEROS-IBARRA, LUIS ENRIQUE CISNEROS-IBARRA, REYMUNDO GUTIERREZ, CARLOS LUIS GUZMAN-CENTENO, JOSE RAUL GUZMAN-CENTENO, ABELARDO HERNANDEZ-AGUAS, GREGORIO HUERTAS-SAMANO, PEDRO IBARRA-AVILA, ATANACIO LUGO-RINCON, OBDULA MALDONADO-ABELLANEDA, MIGUEL ANGEL OLGUIN-HERNANDEZ, ARTURO OLGUIN-MONROY, OMERA RODRIGUEZ-GUZMAN, DESIDERIO TOVAR-ZAPATA, ALEJANDRO TREJO-LEON. (Attachments: # 1 Affidavit UFW)(WILLIS, ROBERT) (Entered: 06/18/2009)

RESPONSE in Opposition re 2 MOTION for Preliminary Injunction filed by United Farm Workers, JAMES CEASE, MARIO CENTENO-RODRIGUEZ, JUAN CISNEROS-IBARRA, LUIS ENRIQUE CISNEROS-IBARRA, REYMUNDO GUTIERREZ, CARLOS LUIS GUZMAN-CENTENO, JOSE RAUL GUZMAN-CENTENO, ABELARDO HERNANDEZ-AGUAS, GREGORIO HUERTAS-SAMANO, PEDRO IBARRA-AVILA, ATANACIO LUGO-RINCON, OBDULA MALDONADO-ABELLANEDA, MIGUEL ANGEL OLGUIN-HERNANDEZ, ARTURO OLGUIN-MONROY, OMERA RODRIGUEZ-GUZMAN, DESIDERIO TOVAR-ZAPATA, ALEJANDRO TREJO-LEON. Replies due by 7/6/2009. (Attachments: # 1 Exhibit 1 - UFW v Chao First Amended Complaint, # 2 Exhibit 2 - FW Comment, # 3 Exhibit 3 - Tri-County v Brock, # 4 Exhibit 4 - VAGA v Donovan, # 5 Exhibit 5 - NAACP v Donovan)(WILLIS, ROBERT) (Entered: 06/18/2009)

AFFIDAVIT OF SERVICE ON GOVERNMENT filed by UNITED FARM WORKERS, JAMES CEASE, MARIO CENTENO-RODRIGUEZ, JUAN CISNEROS-IBARRA, LUIS ENRIQUE CISNEROS-IBARRA, REYMUNDO GUTIERREZ, CARLOS LUIS GUZMAN-CENTENO, JOSE RAUL GUZMAN-CENTENO, ABELARDO HERNANDEZ-AGUAS, GREGORIO HUERTAS-SAMANO, PEDRO IBARRA-AVILA, ATANACIO LUGO-RINCON, OBDULA MALDONADO-ABELLANEDA, MIGUEL ANGEL OLGUIN-HERNANDEZ, ARTURO OLGUIN-MONROY, OMERA RODRIGUEZ-GUZMAN, DESIDERIO TOVAR-ZAPATA, ALEJANDRO TREJO-LEON. (Attachments: # 1 Exhibit A - Certified Mail Receipt) (LOFTIS, WILLIAM) (Entered: 06/19/2009)

Proposed Findings of Fact and Conclusions of Law by HILDA L. SOLIS, UNITED STATES DEPARTMENT OF LABOR, JANET NAPOLITANO, UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(FORNEY, GEOFFREY) (Entered: 06/19/2009)

RESPONSE in Opposition re 37 MOTION to Intervene as Parties Defendant filed by NORTH CAROLINA AGRIBUSINESS COUNCIL, INC, MAINE FOREST PRODUCTS COUNCIL, ALTA CITRUS, LLC, EVERGLADES HARVESTING & HAULING, INC., DESOTO FRUIT & HARVESTING, INC, FOREST RESOURCES ASSOCIATION, TITAN PEACH FARMS, INC., H-2A USA, INC., OVERLOOK HARVESTING COMPANY, LLC, NORTH CAROLINA GROWERS' ASSOCIATION, INC., NATIONAL CHRISTMAS TREE ASSOCIATION, FLORIDA FRUIT & VEGETABLE, VIRGINIA AGRICULTURAL GROWERS ASSOCIATION, INC., SNAKE RIVER FARMERS ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, NORTH CAROLINA CHRISTMAS TREE ASSOCIATION, NORTH CAROLINA PICKLE PRODUCERS ASSOCIATION, FLORIDA CITRUS MUTUAL. Replies due by 7/9/2009. (LOFTIS, WILLIAM) (Entered: 06/19/2009)

APPENDIX re 42 Response in Opposition to Motion by Plaintiffs NORTH CAROLINA AGRIBUSINESS COUNCIL, INC, MAINE FOREST PRODUCTS COUNCIL, ALTA CITRUS, LLC, EVERGLADES HARVESTING & HAULING, INC., DESOTO FRUIT & HARVESTING, INC, FOREST RESOURCES ASSOCIATION, TITAN PEACH FARMS, INC., H-2A USA, INC., OVERLOOK HARVESTING COMPANY, LLC, NORTH CAROLINA GROWERS' ASSOCIATION, INC., NATIONAL CHRISTMAS TREE ASSOCIATION, FLORIDA FRUIT & VEGETABLE, VIRGINIA AGRICULTURAL GROWERS ASSOCIATION, INC., SNAKE RIVER FARMERS ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, NORTH CAROLINA CHRISTMAS TREE ASSOCIATION, NORTH CAROLINA PICKLE PRODUCERS ASSOCIATION, FLORIDA CITRUS MUTUAL. (Attachments: # 1 Exhibit A - Second Aff. Eury)(LOFTIS, WILLIAM) (Entered: 06/19/2009)

REPLY to Response to 2 MOTION for Preliminary Injunction filed by NORTH CAROLINA AGRIBUSINESS COUNCIL, INC, MAINE FOREST PRODUCTS COUNCIL, ALTA CITRUS, LLC, EVERGLADES HARVESTING & HAULING, INC., DESOTO FRUIT & HARVESTING, INC, FOREST RESOURCES ASSOCIATION, TITAN PEACH FARMS, INC., H-2A USA, INC., OVERLOOK HARVESTING COMPANY, LLC, NORTH CAROLINA GROWERS' ASSOCIATION, INC., NATIONAL CHRISTMAS TREE ASSOCIATION, FLORIDA FRUIT & VEGETABLE, VIRGINIA AGRICULTURAL GROWERS ASSOCIATION, INC., SNAKE RIVER FARMERS ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, NORTH CAROLINA CHRISTMAS TREE ASSOCIATION, NORTH CAROLINA PICKLE PRODUCERS ASSOCIATION, FLORIDA CITRUS MUTUAL. (LOFTIS, WILLIAM) (Entered: 06/19/2009)

APPENDIX re 44 Reply to Response to Motion by Plaintiffs NORTH CAROLINA AGRIBUSINESS COUNCIL, INC, MAINE FOREST PRODUCTS COUNCIL, ALTA CITRUS, LLC, EVERGLADES HARVESTING & HAULING, INC., DESOTO FRUIT & HARVESTING, INC, FOREST RESOURCES ASSOCIATION, TITAN PEACH FARMS, INC., H-2A USA, INC., OVERLOOK HARVESTING COMPANY, LLC, NORTH CAROLINA GROWERS' ASSOCIATION, INC., NATIONAL CHRISTMAS TREE ASSOCIATION, FLORIDA FRUIT & VEGETABLE, VIRGINIA AGRICULTURAL GROWERS ASSOCIATION, INC., SNAKE RIVER FARMERS ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, NORTH CAROLINA CHRISTMAS TREE ASSOCIATION, NORTH CAROLINA PICKLE PRODUCERS ASSOCIATION, FLORIDA CITRUS MUTUAL. (Attachments: # 1 Exhibit A - First Amended Complaint, # 2 Exhibit B - Federal Defendants' Answer)(LOFTIS, WILLIAM) (Entered: 06/19/2009)

Proposed Findings of Fact and Conclusions of Law by NORTH CAROLINA AGRIBUSINESS COUNCIL, INC, MAINE FOREST PRODUCTS COUNCIL, ALTA CITRUS, LLC, EVERGLADES HARVESTING & HAULING, INC., DESOTO FRUIT & HARVESTING, INC, FOREST RESOURCES ASSOCIATION, TITAN PEACH FARMS, INC., H-2A USA, INC., OVERLOOK HARVESTING COMPANY, LLC, NORTH CAROLINA GROWERS' ASSOCIATION, INC., NATIONAL CHRISTMAS TREE ASSOCIATION, FLORIDA FRUIT & VEGETABLE, VIRGINIA AGRICULTURAL GROWERS ASSOCIATION, INC., SNAKE RIVER FARMERS ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, NORTH CAROLINA CHRISTMAS TREE ASSOCIATION, NORTH CAROLINA PICKLE PRODUCERS ASSOCIATION, FLORIDA CITRUS MUTUAL. (Attachments: # 1 Text of Proposed Order)(LOFTIS, WILLIAM) (Entered: 06/19/2009)

MOTION to Participate in Oral Argument in June 22 Hearing on Plaintiffs' Motion for Preliminary Injuction re 2 MOTION for Preliminary Injunction by UNITED FARM WORKERS, JAMES CEASE, MARIO CENTENO-RODRIGUEZ, JUAN CISNEROS-IBARRA, LUIS ENRIQUE CISNEROS-IBARRA, REYMUNDO GUTIERREZ, CARLOS LUIS GUZMAN-CENTENO, JOSE RAUL GUZMAN-CENTENO, ABELARDO HERNANDEZ-AGUAS, GREGORIO HUERTAS-SAMANO, PEDRO IBARRA-AVILA, ATANACIO LUGO-RINCON, OBDULA MALDONADO-ABELLANEDA, MIGUEL ANGEL OLGUIN-HERNANDEZ, ARTURO OLGUIN-MONROY, OMERA RODRIGUEZ-GUZMAN, DESIDERIO TOVAR-ZAPATA, ALEJANDRO TREJO-LEON. Responses due by 7/13/2009. (Attachments: # 1 Text of Proposed Order)(WILLIS, ROBERT) (Entered: 06/19/2009)

Proposed Findings of Fact and Conclusions of Law by UNITED FARM WORKERS, JAMES CEASE, MARIO CENTENO-RODRIGUEZ, JUAN CISNEROS-IBARRA, LUIS ENRIQUE CISNEROS-IBARRA, REYMUNDO GUTIERREZ, CARLOS LUIS GUZMAN-CENTENO, JOSE RAUL GUZMAN-CENTENO, ABELARDO HERNANDEZ-AGUAS, GREGORIO HUERTAS-SAMANO, PEDRO IBARRA-AVILA, ATANACIO LUGO-RINCON, OBDULA MALDONADO-ABELLANEDA, MIGUEL ANGEL OLGUIN-HERNANDEZ, ARTURO OLGUIN-MONROY, OMERA RODRIGUEZ-GUZMAN, DESIDERIO TOVAR-ZAPATA, ALEJANDRO TREJO-LEON.(WILLIS, ROBERT) (Entered: 06/19/2009)

NOTICE of Appearance by attorney MARNI WILLENSON on behalf of Intervenor Defendants UNITED FARM WORKERS, MARIO CENTENO-RODRIGUEZ, LUIS ENRIQUE CISNEROS-IBARRA, CARLOS LUIS GUZMAN-CENTENO, JOSE RAUL GUZMAN-CENTENO, ABELARDO HERNANDEZ-AGUAS, GREGORIO HUERTAS-SAMANO, ATANACIO LUGO-RINCON, OBDULA MALDONADO-ABELLANEDA, MIGUEL ANGEL OLGUIN-HERNANDEZ, ARTURO OLGUIN-MONROY, OMERA RODRIGUEZ-GUZMAN, DESIDERIO TOVAR-ZAPATA, ALEJANDRO TREJO-LEON. (WILLENSON, MARNI) (Entered: 06/22/2009)

ORAL ORDER granting 37 Motion to Intervene for the purpose of the Preliminary Injunction Hearing only; granting 47 Motion to Participate in Oral Argument in June 22 Hearing by JUDGE WILLIAM L. OSTEEN JR. on 6/22/2009. (Williamson, Wanda)

Minute Entry for proceedings held before JUDGE WILLIAM L. OSTEEN JR.: Motion Hearing held on 6/22/2009 re 2 MOTION for Preliminary Injunction. The following counsel was present: Attorneys William Loftis and Robin Shea for the plaintiff. AUSA Gill Beck and Geoffrey Forney for the defendant, and Attorneys Robert Willis and Marni Willenson for the Intervenor-Defendants. The parties may file supplemental briefs by 10:30 a.m. on 6/23/2009 as stated on the record. Matter remain under advisement(Court Reporter Joe Armstrong.) (Williamson, Wanda).

Supplemental BRIEF (Irreparable Harm Issue) filed by NORTH CAROLINA AGRIBUSINESS COUNCIL, INC, MAINE FOREST PRODUCTS COUNCIL, ALTA CITRUS, LLC, EVERGLADES HARVESTING & HAULING, INC., DESOTO FRUIT & HARVESTING, INC, FOREST RESOURCES ASSOCIATION, TITAN PEACH FARMS, INC., H-2A USA, INC., OVERLOOK HARVESTING COMPANY, LLC, NORTH CAROLINA GROWERS' ASSOCIATION, INC., NATIONAL CHRISTMAS TREE ASSOCIATION, FLORIDA FRUIT & VEGETABLE, VIRGINIA AGRICULTURAL GROWERS ASSOCIATION, INC., SNAKE RIVER FARMERS ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, NORTH CAROLINA CHRISTMAS TREE ASSOCIATION, NORTH CAROLINA PICKLE PRODUCERS ASSOCIATION, FLORIDA CITRUS MUTUAL. (Attachments: # 1 Exhibit 1 - Illinois Bell v. Hurley, # 2 Exhibit 2 - Hollywood Healthcare v. Deltec)(LOFTIS, WILLIAM) (Entered: 06/23/2009)

Supplemental BRIEF by Federal Defendants HILDA L. SOLIS, UNITED STATES DEPARTMENT OF LABOR, JANET NAPOLITANO, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (FORNEY, GEOFFREY) (Entered: 06/23/2009)

Amended Supplemental BRIEF re 51 Brief filed by UNITED FARM WORKERS, JAMES CEASE, MARIO CENTENO-RODRIGUEZ, JUAN CISNEROS-IBARRA, LUIS ENRIQUE CISNEROS-IBARRA, REYMUNDO GUTIERREZ, CARLOS LUIS GUZMAN-CENTENO, JOSE RAUL GUZMAN-CENTENO, ABELARDO HERNANDEZ-AGUAS, GREGORIO HUERTAS-SAMANO, PEDRO IBARRA-AVILA, ATANACIO LUGO-RINCON, OBDULA MALDONADO-ABELLANEDA, MIGUEL ANGEL OLGUIN-HERNANDEZ, ARTURO OLGUIN-MONROY, OMERA RODRIGUEZ-GUZMAN, DESIDERIO TOVAR-ZAPATA, ALEJANDRO TREJO-LEON. (Attachments: # 1 Exhibit E - Affidavit Eury 2-25-2003, # 2 Exhibit F - Affidavit Eury 3-6-2003, # 3 Exhibit G - UFW's Motion for Partial Summary Judgment, # 4 Exhibit H - UFWs Motion to Expedite)(WILLIS, ROBERT) (Entered: 06/23/2009)

AFFIDAVIT OF SERVICE ON GOVERNMENT as to JANET NAPOLITANO served on 6/18/2009, answer due 8/17/2009 as to Janet Napolitano. (Attachments: # 1 Exhibit A - Certified Mail Receipt)(LOFTIS, WILLIAM) (Entered: 06/24/2009)

NOTICE of Appearance by attorney BRUCE N. GOLDSTEIN on behalf of Intervenor Defendants UNITED FARM WORKERS, JAMES CEASE, MARIO CENTENO-RODRIGUEZ, JUAN CISNEROS-IBARRA, LUIS ENRIQUE CISNEROS-IBARRA, REYMUNDO GUTIERREZ, CARLOS LUIS GUZMAN-CENTENO, JOSE RAUL GUZMAN-CENTENO, ABELARDO HERNANDEZ-AGUAS, GREGORIO HUERTAS-SAMANO, PEDRO IBARRA-AVILA, ATANACIO LUGO-RINCON, OBDULA MALDONADO-ABELLANEDA, MIGUEL ANGEL OLGUIN-HERNANDEZ, ARTURO OLGUIN-MONROY, OMERA RODRIGUEZ-GUZMAN, DESIDERIO TOVAR-ZAPATA, ALEJANDRO TREJO-LEON (GOLDSTEIN, BRUCE) (Entered: 06/26/2009)

MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN JR. on 6/29/09, Re: Plaintiffs' Motion for Preliminary Injunction. For the reasons set forth in the memorandum opinion, IT IS ORDERED that Plaintiffs' Motion for Preliminary Injunction (Doc. 2 ) is GRANTED. (Welch, Kelly) Modified on 6/30/2009 to edit text (Welch, Kelly). (Entered: 06/29/2009)

ORDER signed by JUDGE WILLIAM L. OSTEEN JR. on 06/29/09, for the reasons stated in the Memorandum Opinion filed simultaneously with this Order, Plaintiffs' Motion for Preliminary Injunction (Doc. 2 ) is GRANTED. FURTHER that Defendants Department of Labor ("DOL"), Hilda L. Solis, in her official capacity as the Secretary of the DOL, the Department Homeland Security ("DHS"), and Janet Napolitano, in her official capacity as the Secretary of DHS, are temporarily enjoined from implementing and enforcing the Temporary Employment of H-2A Aliens in the United States, 74 Fed. Reg. 25,972, 25,972 (May 29, 2009). This temporary injunction shall remain in effect until the completion of a trial on the merits of this case, the creation of a new H-2A Rule in accordance with the Administrative Procedures Act, 5 U.S.C. § 551 et seq., or further order of this court. (Law, Trina) (Entered: 06/30/2009)

AMENDED MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN JR. on 07/01/09, Re: Plaintiffs' Motion for Preliminary Injunction. For the reasons set forth in the memorandum opinion, IT IS ORDERED that Plaintiffs' Motion for Preliminary Injunction (Doc. 2 ) is GRANTED. (See Page 17, Line 1 for Change in Wording). (Law, Trina) (Entered: 07/01/2009)

AFFIDAVIT OF SERVICE ON GOVERNMENT as to as to USDOL. (Attachments: # 1 Exhibit A - Certified Mail Receipt)(LOFTIS, WILLIAM) (Entered: 07/06/2009)

ORDER signed by JUDGE WILLIAM L. OSTEEN JR. on 07/07/09, that Plaintiffs and Defendants shall have until July, 27, 2009 to file any additional responses to these two motions. FURTHER that Applicant Defendants shall have until August 6, 2009 to file any reply. The court will issue a final ruling on Applicant Defendants' motions following its consideration of any additional pleadings filed pursuant with this order. (Law, Trina) (Entered: 07/07/2009)

Set Deadlines: Plaintiffs' and Defendants' Responses due by 7/27/2009. Defendants' Replies due by 8/6/2009. (Law, Trina)

NOTICE of Filings Affidavits In Support of Its Motion to Intervene as Parties Defendant (doc. no. 37 ) by UNITED FARM WORKERS, JAMES CEASE, MARIO CENTENO-RODRIGUEZ, JUAN CISNEROS-IBARRA, LUIS ENRIQUE CISNEROS-IBARRA, REYMUNDO GUTIERREZ, CARLOS LUIS GUZMAN-CENTENO, JOSE RAUL GUZMAN-CENTENO, ABELARDO HERNANDEZ-AGUAS, GREGORIO HUERTAS-SAMANO, PEDRO IBARRA-AVILA, ATANACIO LUGO-RINCON, OBDULA MALDONADO-ABELLANEDA, MIGUEL ANGEL OLGUIN-HERNANDEZ, ARTURO OLGUIN-MONROY, OMERA RODRIGUEZ-GUZMAN, DESIDERIO TOVAR-ZAPATA, ALEJANDRO TREJO-LEON. (Attachments: # 1 Affidavit Jose Raul Guzman-Centeno, # 2 Affidavit Carlos Luis Guzman-Avila, # 3 Affidavit Juan Luis Guzman-Centeno) (WILLIS, ROBERT) Modified on 7/10/2009 to edit text to accurately reflect title of document. (Lloyd, Donna) (Entered: 07/09/2009)

RESPONSE in Opposition re 61 Order, Plaintiffs' Supplemental Brief in Opposition to Motion to Intervene filed by NORTH CAROLINA AGRIBUSINESS COUNCIL, INC, MAINE FOREST PRODUCTS COUNCIL, ALTA CITRUS, LLC, EVERGLADES HARVESTING & HAULING, INC., DESOTO FRUIT & HARVESTING, INC, FOREST RESOURCES ASSOCIATION, TITAN PEACH FARMS, INC., H-2A USA, INC., OVERLOOK HARVESTING COMPANY, LLC, NORTH CAROLINA GROWERS' ASSOCIATION, INC., NATIONAL CHRISTMAS TREE ASSOCIATION, FLORIDA FRUIT & VEGETABLE, VIRGINIA AGRICULTURAL GROWERS ASSOCIATION, INC., SNAKE RIVER FARMERS ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, NORTH CAROLINA CHRISTMAS TREE ASSOCIATION, NORTH CAROLINA PICKLE PRODUCERS ASSOCIATION, FLORIDA CITRUS MUTUAL. Replies due by 8/13/2009. (LOFTIS, WILLIAM) (Entered: 07/27/2009)

APPENDIX re 63 Response in Opposition to Motion by Plaintiffs NORTH CAROLINA AGRIBUSINESS COUNCIL, INC, MAINE FOREST PRODUCTS COUNCIL, ALTA CITRUS, LLC, EVERGLADES HARVESTING & HAULING, INC., DESOTO FRUIT & HARVESTING, INC, FOREST RESOURCES ASSOCIATION, TITAN PEACH FARMS, INC., H-2A USA, INC., OVERLOOK HARVESTING COMPANY, LLC, NORTH CAROLINA GROWERS' ASSOCIATION, INC., NATIONAL CHRISTMAS TREE ASSOCIATION, FLORIDA FRUIT & VEGETABLE, VIRGINIA AGRICULTURAL GROWERS ASSOCIATION, INC., SNAKE RIVER FARMERS ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, NORTH CAROLINA CHRISTMAS TREE ASSOCIATION, NORTH CAROLINA PICKLE PRODUCERS ASSOCIATION, FLORIDA CITRUS MUTUAL. (Attachments: # 1 Exhibit 1 - Nat. Union v. Reichhold, # 2 Exhibit 2 - Torpharm v. Novopharm, # 3 Exhibit 3 - Dec. Eury)(LOFTIS, WILLIAM) (Entered: 07/27/2009)

RESPONSE re 38 Memorandum, 37 MOTION to Intervene as Parties Defendant filed by JOSE RAUL GUZMAN-CENTENO, JAMES CEASE, LUIS ENRIQUE CISNEROS-IBARRA, MIGUEL ANGEL OLGUIN-HERNANDEZ, GREGORIO HUERTAS-SAMANO, PEDRO IBARRA-AVILA, UNITED FARM WORKERS, JUAN CISNEROS-IBARRA, ALEJANDRO TREJO-LEON, REYMUNDO GUTIERREZ, DESIDERIO TOVAR-ZAPATA, OMERA RODRIGUEZ-GUZMAN, ABELARDO HERNANDEZ-AGUAS, ATANACIO LUGO-RINCON, ARTURO OLGUIN-MONROY, MARIO CENTENO-RODRIGUEZ, CARLOS LUIS GUZMAN-CENTENO, OBDULA MALDONADO-ABELLANEDA filed by HILDA L. SOLIS, UNITED STATES DEPARTMENT OF LABOR, JANET NAPOLITANO, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. Replies due by 8/13/2009. (FORNEY, GEOFFREY) (Entered: 07/27/2009)

NOTICE OF APPEAL by HILDA L. SOLIS, UNITED STATES DEPARTMENT OF LABOR, JANET NAPOLITANO, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (FORNEY, GEOFFREY) (Entered: 08/04/2009)

MOTION to Stay Grant of Preliminary Injunction and Supporting Memorandum by HILDA L. SOLIS, UNITED STATES DEPARTMENT OF LABOR, JANET NAPOLITANO, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. Responses due by 8/27/2009. (Attachments: # 1 Text of Proposed Order)(FORNEY, GEOFFREY) (Entered: 08/04/2009)

Electronic Transmission of Notice of Appeal to US Court of Appeals re 66 Notice of Appeal. (Law, Trina) (Entered: 08/05/2009)

REPLY to Response to 37 MOTION to Intervene as Parties Defendant filed by UNITED FARM WORKERS, JAMES CEASE, MARIO CENTENO-RODRIGUEZ, JUAN CISNEROS-IBARRA, LUIS ENRIQUE CISNEROS-IBARRA, REYMUNDO GUTIERREZ, CARLOS LUIS GUZMAN-CENTENO, JOSE RAUL GUZMAN-CENTENO, ABELARDO HERNANDEZ-AGUAS, GREGORIO HUERTAS-SAMANO, PEDRO IBARRA-AVILA, ATANACIO LUGO-RINCON, OBDULA MALDONADO-ABELLANEDA, MIGUEL ANGEL OLGUIN-HERNANDEZ, ARTURO OLGUIN-MONROY, OMERA RODRIGUEZ-GUZMAN, DESIDERIO TOVAR-ZAPATA, ALEJANDRO TREJO-LEON. (WILLIS, ROBERT) (Entered: 08/06/2009)

NOTICE of Filing Exhibits re 69 Reply to Response to Motion by UNITED FARM WORKERS, JAMES CEASE, MARIO CENTENO-RODRIGUEZ, JUAN CISNEROS-IBARRA, LUIS ENRIQUE CISNEROS-IBARRA, REYMUNDO GUTIERREZ, CARLOS LUIS GUZMAN-CENTENO, JOSE RAUL GUZMAN-CENTENO, ABELARDO HERNANDEZ-AGUAS, GREGORIO HUERTAS-SAMANO, PEDRO IBARRA-AVILA, ATANACIO LUGO-RINCON, OBDULA MALDONADO-ABELLANEDA, MIGUEL ANGEL OLGUIN-HERNANDEZ, ARTURO OLGUIN-MONROY, OMERA RODRIGUEZ-GUZMAN, DESIDERIO TOVAR-ZAPATA, ALEJANDRO TREJO-LEON. (Attachments: # 1 Exhibit NCGA Intervention Br., # 2 Exhibit Declaration of Lori Elmer, # 3 Exhibit 1 to Declaration of Lori Elmer, # 4 Exhibit Declaration of Jack Holtzman, # 5 Exhibit 1 to Declaration of Jack Holtzman)(WILLIS, ROBERT) (Entered: 08/06/2009)

NOTICE of Docketing Appeal from USCA re 66 Notice of Appeal filed by UNITED STATES DEPARTMENT OF LABOR, HILDA L. SOLIS, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, JANET NAPOLITANO. USCA Case Number: 09-1878. USCA Case Manager: Jeffrey S. Neal. (Law, Trina) (Entered: 08/11/2009)

TEXT ORDER entered by JUDGE WILLIAM L. OSTEEN JR. on 8/6/09. On June 29, 2009, this court issued a Memorandum Opinion and Order, preliminary enjoining Defendants from reinstating a H-2A regulation. (Docs. 57, 58.) On August 4, 2009, Defendants appealed the courts June 29, 2009 order. (Doc. 66.) Contemporaneous with filing its Notice of Appeal, Defendants filed a Motion to Stay that order pending appeal. (Doc. 67.) So as to expeditiously resolve Defendants motion, and in light of the similarity between the issues and arguments raised in Defendants motion and the June 29, 2009 Memorandum Opinion and Order, IT IS ORDERED that Plaintiffs file a response brief to Defendants motion (Doc. 67) on or before August 13, 2009. If Defendants wish to file a reply brief, they must do so on or before August 20, 2009.(McCarty, Dianne)

Set Response & Reply Deadlines re 67 MOTION to Stay Grant of Preliminary Injunction and Supporting Memorandum: Response by Plaintiffs due by 8/13/2009. Reply by Defendants due by 8/20/2009. (Law, Trina)

MOTION for Clarification of Court's Order by HILDA L. SOLIS, UNITED STATES DEPARTMENT OF LABOR, JANET NAPOLITANO, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. Responses due by 8/31/2009. (Attachments: # 1 Text of Proposed Order) (FORNEY, GEOFFREY) (Entered: 08/07/2009)

ANSWER to 1 Complaint by HILDA L. SOLIS, UNITED STATES DEPARTMENT OF LABOR, JANET NAPOLITANO, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (FORNEY, GEOFFREY) (Entered: 08/10/2009)

RESPONSE in Opposition re 67 MOTION to Stay Grant of Preliminary Injunction and Supporting Memorandum filed by NORTH CAROLINA AGRIBUSINESS COUNCIL, INC, MAINE FOREST PRODUCTS COUNCIL, ALTA CITRUS, LLC, EVERGLADES HARVESTING & HAULING, INC., DESOTO FRUIT & HARVESTING, INC, FOREST RESOURCES ASSOCIATION, TITAN PEACH FARMS, INC., H-2A USA, INC., OVERLOOK HARVESTING COMPANY, LLC, NORTH CAROLINA GROWERS' ASSOCIATION, INC., NATIONAL CHRISTMAS TREE ASSOCIATION, FLORIDA FRUIT & VEGETABLE, VIRGINIA AGRICULTURAL GROWERS ASSOCIATION, INC., SNAKE RIVER FARMERS ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, NORTH CAROLINA CHRISTMAS TREE ASSOCIATION, NORTH CAROLINA PICKLE PRODUCERS ASSOCIATION, FLORIDA CITRUS MUTUAL. Replies due by 8/31/2009. (LOFTIS, WILLIAM) (Entered: 08/13/2009)

APPENDIX re 74 Response in Opposition to Motion by Plaintiffs NORTH CAROLINA AGRIBUSINESS COUNCIL, INC, MAINE FOREST PRODUCTS COUNCIL, ALTA CITRUS, LLC, EVERGLADES HARVESTING & HAULING, INC., DESOTO FRUIT & HARVESTING, INC, FOREST RESOURCES ASSOCIATION, TITAN PEACH FARMS, INC., H-2A USA, INC., OVERLOOK HARVESTING COMPANY, LLC, NORTH CAROLINA GROWERS' ASSOCIATION, INC., NATIONAL CHRISTMAS TREE ASSOCIATION, FLORIDA FRUIT & VEGETABLE, VIRGINIA AGRICULTURAL GROWERS ASSOCIATION, INC., SNAKE RIVER FARMERS ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, NORTH CAROLINA CHRISTMAS TREE ASSOCIATION, NORTH CAROLINA PICKLE PRODUCERS ASSOCIATION, FLORIDA CITRUS MUTUAL. (Attachments: # 1 Tab 1)(LOFTIS, WILLIAM) (Entered: 08/13/2009)

REPLY to Response to 67 MOTION to Stay Grant of Preliminary Injunction and Supporting Memorandum filed by HILDA L. SOLIS, UNITED STATES DEPARTMENT OF LABOR. (FORNEY, GEOFFREY) (Entered: 08/20/2009)

MOTION for Leave to File Surreply by NORTH CAROLINA AGRIBUSINESS COUNCIL, INC, MAINE FOREST PRODUCTS COUNCIL, ALTA CITRUS, LLC, EVERGLADES HARVESTING & HAULING, INC., DESOTO FRUIT & HARVESTING, INC, FOREST RESOURCES ASSOCIATION, TITAN PEACH FARMS, INC., H-2A USA, INC., OVERLOOK HARVESTING COMPANY, LLC, NORTH CAROLINA GROWERS' ASSOCIATION, INC., NATIONAL CHRISTMAS TREE ASSOCIATION, FLORIDA FRUIT & VEGETABLE, VIRGINIA AGRICULTURAL GROWERS ASSOCIATION, INC., SNAKE RIVER FARMERS ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, NORTH CAROLINA CHRISTMAS TREE ASSOCIATION, NORTH CAROLINA PICKLE PRODUCERS ASSOCIATION, FLORIDA CITRUS MUTUAL. Responses due by 9/17/2009. (Attachments: # 1 Exhibit A - Plaintiffs' Surreply)(LOFTIS, WILLIAM) (Entered: 08/25/2009)

***Motions Submitted: 67 MOTION to Stay Grant of Preliminary Injunction and Supporting Memorandum to JUDGE WILLIAM L. OSTEEN JR. (Williamson, Wanda)

MOTION for Extension of Time to File Response/Reply as to 71 MOTION for Clarification of Court's Order by NORTH CAROLINA AGRIBUSINESS COUNCIL, INC, MAINE FOREST PRODUCTS COUNCIL, ALTA CITRUS, LLC, EVERGLADES HARVESTING & HAULING, INC., DESOTO FRUIT & HARVESTING, INC, FOREST RESOURCES ASSOCIATION, TITAN PEACH FARMS, INC., H-2A USA, INC., OVERLOOK HARVESTING COMPANY, LLC, NORTH CAROLINA GROWERS' ASSOCIATION, INC., NATIONAL CHRISTMAS TREE ASSOCIATION, FLORIDA FRUIT & VEGETABLE, VIRGINIA AGRICULTURAL GROWERS ASSOCIATION, INC., NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, NORTH CAROLINA CHRISTMAS TREE ASSOCIATION, NORTH CAROLINA PICKLE PRODUCERS ASSOCIATION, FLORIDA CITRUS MUTUAL. Responses due by 9/21/2009. (Attachments: # 1 Text of Proposed Order)(SHEA, ROBIN) (Entered: 08/28/2009)

***Motions Submitted: 78 MOTION for Extension of Time to File Response/Reply as to 71 MOTION for Clarification of Court's Order MOTION for Extension of Time to File Response/Reply as to 71 MOTION for Clarification of Court's Order MOTION for Extension of Time to File Response/Reply as to 71 MOTION for Clarification of Court's Order MOTION for Extension of Time to File Response/Reply as to 71 MOTION for Clarification of Court's Order to JUDGE WILLIAM L. OSTEEN JR. (Williamson, Wanda)

RESPONSE re 71 MOTION for Clarification of Court's Order filed by UNITED STATES DEPARTMENT OF LABOR, HILDA L. SOLIS, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, JANET NAPOLITANO filed by NORTH CAROLINA AGRIBUSINESS COUNCIL, INC, MAINE FOREST PRODUCTS COUNCIL, ALTA CITRUS, LLC, EVERGLADES HARVESTING & HAULING, INC., DESOTO FRUIT & HARVESTING, INC, FOREST RESOURCES ASSOCIATION, TITAN PEACH FARMS, INC., H-2A USA, INC., OVERLOOK HARVESTING COMPANY, LLC, NORTH CAROLINA GROWERS' ASSOCIATION, INC., NATIONAL CHRISTMAS TREE ASSOCIATION, FLORIDA FRUIT & VEGETABLE, VIRGINIA AGRICULTURAL GROWERS ASSOCIATION, INC., SNAKE RIVER FARMERS ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, NORTH CAROLINA CHRISTMAS TREE ASSOCIATION, NORTH CAROLINA PICKLE PRODUCERS ASSOCIATION, FLORIDA CITRUS MUTUAL. Replies due by 9/28/2009. (SHEA, ROBIN) (Entered: 09/10/2009)

APPENDIX re 79 Response to Motion by Plaintiffs NORTH CAROLINA AGRIBUSINESS COUNCIL, INC, MAINE FOREST PRODUCTS COUNCIL, ALTA CITRUS, LLC, EVERGLADES HARVESTING & HAULING, INC., DESOTO FRUIT & HARVESTING, INC, FOREST RESOURCES ASSOCIATION, TITAN PEACH FARMS, INC., H-2A USA, INC., OVERLOOK HARVESTING COMPANY, LLC, NORTH CAROLINA GROWERS' ASSOCIATION, INC., NATIONAL CHRISTMAS TREE ASSOCIATION, FLORIDA FRUIT & VEGETABLE, VIRGINIA AGRICULTURAL GROWERS ASSOCIATION, INC., SNAKE RIVER FARMERS ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, NORTH CAROLINA CHRISTMAS TREE ASSOCIATION, NORTH CAROLINA PICKLE PRODUCERS ASSOCIATION, FLORIDA CITRUS MUTUAL. (Attachments: # 1 Exhibit 1 Wicker Affidavit, # 2 Exhibit 2 - WH-92, # 3 Exhibit 3 - WH- 531, # 4 Exhibit 4 RES Dec. (Part 1 of 8), # 5 Exhibit 4 RES Aff. (Part 2 of 8), # 6 Exhibit 4 RES Aff (part 3 of 8), # 7 Exhibit 4 RES Aff (part 4 of 8))(SHEA, ROBIN) Modified on 9/14/2009 ((pleading located in expandable file). Williamson, Wanda). (Entered: 09/10/2009)

2 Exhibit 1 Wicker Affidavit

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3 Exhibit 2 - WH-92

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4 Exhibit 3 - WH- 531

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5 Exhibit 4 RES Dec. (Part 1 of 8)

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6 Exhibit 4 RES Aff. (Part 2 of 8)

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7 Exhibit 4 RES Aff (part 3 of 8)

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8 Exhibit 4 RES Aff (part 4 of 8)

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Additional Attachments re 80 APPENDIX by Plaintiffs NORTH CAROLINA AGRIBUSINESS COUNCIL, INC, MAINE FOREST PRODUCTS COUNCIL, ALTA CITRUS, LLC, EVERGLADES HARVESTING & HAULING, INC., DESOTO FRUIT & HARVESTING, INC, FOREST RESOURCES ASSOCIATION, TITAN PEACH FARMS, INC., H-2A USA, INC., OVERLOOK HARVESTING COMPANY, LLC, NORTH CAROLINA GROWERS' ASSOCIATION, INC., NATIONAL CHRISTMAS TREE ASSOCIATION, FLORIDA FRUIT & VEGETABLE, VIRGINIA AGRICULTURAL GROWERS ASSOCIATION, INC., SNAKE RIVER FARMERS ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, NORTH CAROLINA CHRISTMAS TREE ASSOCIATION, NORTH CAROLINA PICKLE PRODUCERS ASSOCIATION, FLORIDA CITRUS MUTUAL. (Attachments: # 1 Exhibit 4 RES Dec (part 6 of 8), # 2 Exhibit 4 RES Dec (part 7 of 8), # 3 Exhibit 4 RES Dec (part 8 of 8), # 4 Exhibit 5 - Executive Order, # 5 Exhibit 6 - Unpublished case)(SHEA, ROBIN) Modified on 9/14/2009 (pleading located in expandable file) (Williamson, Wanda). (Entered: 09/10/2009)

NOTICE of Hearing: Status Conference as to Motion to Stay and Motion for Clarification of Court Order set for 9/18/2009 12:45 PM in Greensboro Courtroom #3 before JUDGE WILLIAM L. OSTEEN JR. (Powell, Gloria) (Entered: 09/11/2009)

REPLY to Response to 71 MOTION for Clarification of Court's Order NOTICE OF FILING OF EXHIBIT filed by Intervenor Defendants UNITED FARM WORKERS, JAMES CEASE, MARIO CENTENO-RODRIGUEZ, JUAN CISNEROS-IBARRA, LUIS ENRIQUE CISNEROS-IBARRA, REYMUNDO GUTIERREZ, CARLOS LUIS GUZMAN-CENTENO, JOSE RAUL GUZMAN-CENTENO, ABELARDO HERNANDEZ-AGUAS, GREGORIO HUERTAS-SAMANO, PEDRO IBARRA-AVILA, ATANACIO LUGO-RINCON, OBDULA MALDONADO-ABELLANEDA, MIGUEL ANGEL OLGUIN-HERNANDEZ, ARTURO OLGUIN-MONROY, OMERA RODRIGUEZ-GUZMAN, DESIDERIO TOVAR-ZAPATA, ALEJANDRO TREJO-LEON. (Attachments: # 1 Affidavit Sworn Declaration of Frank Velasquez, # 2 Supplement Collective Bargaining Agreement)(WILLIS, ROBERT) (Entered: 09/16/2009)

Telephone Notice to Attorneys William Loftis and Geoff Forney re: telephone conference scheduled for 9/17/2009 @ 10:00 a.m. Attorney Loftis will initiate the call. (Williamson, Wanda)

REPLY to Response to 71 MOTION for Clarification of Court's Order filed by HILDA L. SOLIS, UNITED STATES DEPARTMENT OF LABOR, JANET NAPOLITANO, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (FORNEY, GEOFFREY) Modified on 9/22/2009 to edit duplicate text. (Lloyd, Donna) (Entered: 09/21/2009)

TEXT ORDER entered by JUDGE WILLIAM L. OSTEEN JR. on 9/21/2009. On September 11, 2009, this court scheduled a status conference regarding Defendants Motion to Stay (Doc. 67) and Motion for Clarification (Doc. 71). (Doc. 82.) On September 17, 2009, one day before the status conference was scheduled to take place, the court held a telephone conference with attorneys representing Plaintiffs, Defendants and Applicant Defendants. During the telephone conference, Plaintiffs and Defendants jointly requested that the court continue the status conference and delay ruling on Defendants motions for three weeks. The parties maintained that these actions by the court are necessary to allow them a full opportunity to complete settlement discussions that have been conducted in accordance with Fourth Circuit local rules. Applicant Defendants participated in the telephone conference and advised the court that they did not object to the parties joint request. For good cause shown, it is ORDERED that the status conference regarding Defendants Motion to Stay (Doc. 67) and Motion for Clarification (Doc. 71) is continued to October 9, 2009 at 1:00 p.m. In light of the parties joint request and the absence of an objection from Applicant Defendants, the court will reserve ruling on Defendants motions (Docs. 67, 71) until that date.(McCarty, Dianne)

Set Deadlines/Hearings: Motion Hearing set for 10/9/2009 01:00 PM in Greensboro Courtroom #3 before JUDGE WILLIAM L. OSTEEN JR. (Williamson, Wanda)

NOTICE of Change of Address by MARNI WILLENSON. (WILLENSON, MARNI) (Entered: 09/30/2009)

Telephone Notice to Attorneys Randy Loftis and Geoff Forney and Gill Beck re: Motion Hearing set for 10/9/2009 04:00 PM in Greensboro Courtroom #3 before JUDGE WILLIAM L. OSTEEN JR. (Williamson, Wanda) .

Minute Entry for proceedings held before JUDGE WILLIAM L. OSTEEN JR.: The following counsel was present: Attorneys William Loftis and Robin Shea for the plaintiffs and Attorneys Geoffrey Forney and Gill Beck appeared on behalf of the defendants. Attorney Robert Willis appeared for the intervenor-defendants.Motion Hearing held on 10/9/2009 re 67 MOTION to Stay Grant of Preliminary Injunction and Supporting Memorandum filed by UNITED STATES DEPARTMENT OF LABOR, HILDA L. SOLIS, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, JANET NAPOLITANO, 71 MOTION for Clarification of Court's Order filed by UNITED STATES DEPARTMENT OF LABOR, HILDA L. SOLIS, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, JANET NAPOLITANO. The motions are Denied for reasons stated on the record. A written order will be entered. (Court Reporter Joe Armstrong.) (Williamson, Wanda)

ORDER signed by JUDGE WILLIAM L. OSTEEN JR. on 10/14/09, for the reasons set forth in the record at a hearing on these motions held October 9, 2009, Defendant's Motion for Clarification (Doc. 71 ) is DENIED. FURTHER that Defendant's Motion to Stay (Doc. 67 ) is DENIED. (Law, Trina) (Entered: 10/14/2009)