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

1:09-cv-00411 | U.S. District Court for the Middle District of North Carolina

Filed Date: June 9, 2009

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On June 9, 2009, several agricultural growth and trade associations that employ immigrant workers under the H-2A or H-2B nonimmigrant visa programs filed a class action lawsuit in the Middle District Court of North Carolina under the Administrative Procedure Act and the Fair Labor Standards Act against the U.S. Department of Homeland Security and U.S. Department of Labor ("DOL"). The plaintiffs, represented by private counsel, sought injunctive relief, declaratory relief, and attorneys' fees a…

On June 9, 2009, several agricultural growth and trade associations that employ immigrant workers under the H-2A or H-2B nonimmigrant visa programs filed a class action lawsuit in the Middle District Court of North Carolina under the Administrative Procedure Act and the Fair Labor Standards Act against the U.S. Department of Homeland Security and U.S. Department of Labor ("DOL"). The plaintiffs, represented by private counsel, sought injunctive relief, declaratory relief, and attorneys' fees and costs, claiming that the defendants' proposed "Solis Final Rule" is arbitrary and has significant deficiencies, such as opening agricultural growers to significant liability and requiring growers to give different wages and work conditions to H-2A workers on short notice and without an adequate public comment period.

Before the promulgation of the "Chao Rule," the H-2A nonimmigrant visa program was plagued with severe administrative and processing issues, such as long delays, but was the only viable legal route to obtaining certain immigrant workers. Then, in January 2009, after months of working on solving many of the issues associated with the H-2A program and receiving comments from the public, the DOL promulgated the "Chao Rule." As a result of this rule, the H-2A program was streamlined, the calculation of wages and required expenses were clarified, and workers were given more rights. Employers also did not have to pay for the moving expense during the first week of work, which the growers pushed for. It also included in the H-2A program guest workers in the logging industry and agricultural packing house operations and excluded such workers from certain FLSA regulations. These workers used to have to apply under the H-2B program which, unlike the H-2A program which has no caps, had longer application wait times since the caps for the whole year were generally filled by March.

In March 2009, Hilda Solis was sworn in as Secretary of Labor and proposed the "Solis Final Rule" to replace the "Chao Rule." The "Solis Rule" would potentially allow workers to sue their employers for FLSA violations that occurred from January 2009 to March 2009 even though they were legal and not violations under the "Chao Rule." The plaintiffs alleged that DOL promulgated a new rule without a reasonable public comment period and in the middle of the growing season. Further, they alleged that the DOL's reasoning behind replacing the "Chao Rule" with the "Solis Rule" was flawed and would significantly harm the farming business.

On July 1, 2009, the District Court (Judge William Lindsay Osteen, Jr.) granted the plaintiffs' motion for a preliminary injunction due to the relatively slight amount of harm the defendants will suffer from not being able to implement the new "Solis Rule" and the likelihood of plaintiffs' success on the merits. On August 4, 2009 , the defendants appealed this ruling to the Fourth Circuit. On October 14, 2009, the District Court (Judge Osteen) denied the defendants' motion to stay the case until their appeal is decided, and on November 19, 2009, the Fourth Circuit (Judge Paul Victor Niemeyer, Judge Dennis W. Shedd, and Judge J. Harvey Wilkinson III) likewise denied the defendants' motion to stay the district court case. While the appeal was pending, on December 3, 2009, the District Court (Judge Osteen, Jr.) allowed other farm organizations and individuals to intervene as defendants. On March 30, 2010, the Fourth Circuit (Judge Niemeyer, Judge Shedd, and Judge Wilkinson) dismissed the defendants' appeal.

The parties went through discovery and on October 4, 2011, the District Court (Judge William Lindsay Osteen, Jr.): denied the plaintiffs' motion for summary judgment against the federal defendants; granted the plaintiffs' motion for summary judgment against the defendant-intervenors; permanently enjoined implementation of the new "Solis Rule;" and dismissed the defendant-intervenors' claims. On November 1, 2011, the defendant-intervenors filed a notice of appeal but on December 21, 2012 the Fourth Circuit (Judge Albert Diaz, Judge Barbara Milano Kennan, and Judge J. Harvey Wilkinson III) affirmed the District Court's grant of summary judgment to the plaintiffs.

The District Court retained jurisdiction for the bill of costs and on January 17, 2013 charged defendants $384.74 to be paid to the plaintiffs.

Summary Authors

Perry Miska (3/16/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4304243/parties/north-carolina-growers-association-inc-v-solis/


Judge(s)

Auld, Patrick (North Carolina)

Diaz, Albert (North Carolina)

Dixon, Wallace W. (North Carolina)

Keenan, Barbara Milano (Virginia)

Niemeyer, Paul Victor (Maryland)

Osteen, William Lindsay Jr. (North Carolina)

Shedd, Dennis W. (South Carolina)

Wilkinson, J. Harvie III (District of Columbia)

Attorneys(s) for Plaintiff

Loftis, William Randolph Jr. (North Carolina)

Shea, Robin E. (North Carolina)

Judge(s)

Auld, Patrick (North Carolina)

Diaz, Albert (North Carolina)

Dixon, Wallace W. (North Carolina)

Keenan, Barbara Milano (Virginia)

Niemeyer, Paul Victor (Maryland)

Osteen, William Lindsay Jr. (North Carolina)

Shedd, Dennis W. (South Carolina)

Wilkinson, J. Harvie III (District of Columbia)

Attorneys(s) for Plaintiff

Loftis, William Randolph Jr. (North Carolina)

Shea, Robin E. (North Carolina)

Attorneys(s) for Defendant

Beck, Gill P. (North Carolina)

Forney, Geoffrey (District of Columbia)

Other Attorney(s)

Goldstein, Bruce Nevin (District of Columbia)

Schell, Gregory Scott (Florida)

Turner, Andrew Hess (Alabama)

Willenson, Marni (District of Columbia)

Willis, Robert (North Carolina)

Documents in the Clearinghouse

Document

1:09-cv-00411

0:09-01878

0:09-02356

0:11-02235

Docket [PACER]

Feb. 12, 2013

Feb. 12, 2013

Docket
1

1:09-cv-00411

Complaint

June 9, 2009

June 9, 2009

Complaint
57

1:09-cv-00411

Memorandum Opinion and Order [Granting Preliminary Injunction]

2009 U.S.Dist.LEXIS 54733

June 29, 2009

June 29, 2009

Order/Opinion
59

1:09-cv-00411

Amended Memorandum Opinion and Order [Granting Preliminary Injunction]

644 F.Supp.2d 664

July 1, 2009

July 1, 2009

Order/Opinion
36

1:09-cv-00411

0:09-01878

Order [USCA Denying Stay Pending Appeal]

U. S. Court of Appeals for the Fourth Circuit

Nov. 19, 2009

Nov. 19, 2009

Order/Opinion
89

1:09-cv-00411

Memorandum Opinion and Order [Granting Motion to Intervene]

2009 WL 4729113, 2009 U.S.Dist.LEXIS 113078

Dec. 3, 2009

Dec. 3, 2009

Order/Opinion
43

1:09-cv-00411

0:09-02356

Order [USCA Granting Motion to Dismiss Appeal]

U. S. Court of Appeals for the Fourth Circuit

March 30, 2010

March 30, 2010

Order/Opinion
139

1:09-cv-00411

Memorandum Opinion and Order [Granting Plaintiff's Motion for Summary Judgment and Denying Defendants' Motion for Summary Judgment]

2011 WL 4708026, 2011 U.S.Dist.LEXIS 114775

Oct. 4, 2011

Oct. 4, 2011

Order/Opinion
143

1:09-cv-00411

Order [Regarding Attorneys' Fees]

Oct. 31, 2011

Oct. 31, 2011

Order/Opinion
155

1:09-cv-00411

0:11-02235

Opinion [Affirming District Court Order Granting Summary Judgment for Plaintiffs]

U. S. Court of Appeals for the Fourth Circuit

702 F.3d 755

Dec. 21, 2012

Dec. 21, 2012

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4304243/north-carolina-growers-association-inc-v-solis/

Last updated Aug. 6, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

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)

June 9, 2009

June 9, 2009

RECAP
2

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)

June 9, 2009

June 9, 2009

PACER
3

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)

June 9, 2009

June 9, 2009

PACER
4

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)

June 9, 2009

June 9, 2009

PACER
5

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)

June 9, 2009

June 9, 2009

PACER
6

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

June 9, 2009

June 9, 2009

PACER
7

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

June 9, 2009

June 9, 2009

PACER
8

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

June 9, 2009

June 9, 2009

PACER
9

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

June 9, 2009

June 9, 2009

PACER
10

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

June 9, 2009

June 9, 2009

PACER
11

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)

June 9, 2009

June 9, 2009

PACER
12

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

June 9, 2009

June 9, 2009

PACER
13

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

June 9, 2009

June 9, 2009

PACER
14

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

June 9, 2009

June 9, 2009

PACER
15

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

June 9, 2009

June 9, 2009

PACER
16

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)

June 9, 2009

June 9, 2009

PACER
17

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)

June 9, 2009

June 9, 2009

PACER
18

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)

June 9, 2009

June 9, 2009

PACER
19

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

June 10, 2009

June 10, 2009

PACER
20

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

June 10, 2009

June 10, 2009

PACER
21

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)

June 10, 2009

June 10, 2009

PACER
22

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)

June 11, 2009

June 11, 2009

PACER
23

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

June 11, 2009

June 11, 2009

PACER
24

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)

June 11, 2009

June 11, 2009

PACER
25

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)

June 11, 2009

June 11, 2009

PACER
26

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)

June 12, 2009

June 12, 2009

PACER
27

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

June 12, 2009

June 12, 2009

PACER
28

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

June 12, 2009

June 12, 2009

PACER
29

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

June 12, 2009

June 12, 2009

PACER
30

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

June 12, 2009

June 12, 2009

PACER
31

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

June 12, 2009

June 12, 2009

PACER
32

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

June 12, 2009

June 12, 2009

PACER
33

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

June 12, 2009

June 12, 2009

PACER
34

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)

June 15, 2009

June 15, 2009

PACER
35

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)

June 18, 2009

June 18, 2009

PACER
36

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)

June 18, 2009

June 18, 2009

PACER
37

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)

June 18, 2009

June 18, 2009

PACER
38

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)

June 18, 2009

June 18, 2009

PACER
39

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)

June 18, 2009

June 18, 2009

PACER
40

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)

June 19, 2009

June 19, 2009

PACER
41

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)

June 19, 2009

June 19, 2009

PACER
42

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)

June 19, 2009

June 19, 2009

PACER
43

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)

June 19, 2009

June 19, 2009

PACER
44

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)

June 19, 2009

June 19, 2009

PACER
45

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)

June 19, 2009

June 19, 2009

PACER
46

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)

June 19, 2009

June 19, 2009

PACER
47

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)

June 19, 2009

June 19, 2009

PACER
48

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)

June 19, 2009

June 19, 2009

PACER
50

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)

June 22, 2009

June 22, 2009

PACER
52

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)

June 23, 2009

June 23, 2009

PACER
53

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)

June 23, 2009

June 23, 2009

PACER
54

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)

June 23, 2009

June 23, 2009

PACER
55

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)

June 24, 2009

June 24, 2009

PACER
56

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)

June 26, 2009

June 26, 2009

PACER
57

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)

June 29, 2009

June 29, 2009

RECAP
58

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)

June 29, 2009

June 29, 2009

RECAP
59

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)

July 1, 2009

July 1, 2009

RECAP
60

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

July 6, 2009

July 6, 2009

PACER
61

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)

July 7, 2009

July 7, 2009

PACER
62

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)

July 9, 2009

July 9, 2009

PACER
63

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)

July 27, 2009

July 27, 2009

PACER
64

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)

July 27, 2009

July 27, 2009

PACER
65

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)

July 27, 2009

July 27, 2009

PACER
66

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)

Aug. 4, 2009

Aug. 4, 2009

PACER
67

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)

Aug. 4, 2009

Aug. 4, 2009

PACER
68

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

Aug. 5, 2009

Aug. 5, 2009

PACER
69

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)

Aug. 6, 2009

Aug. 6, 2009

PACER
70

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)

Aug. 6, 2009

Aug. 6, 2009

PACER
73

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)

Aug. 6, 2009

Aug. 6, 2009

PACER
71

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)

Aug. 7, 2009

Aug. 7, 2009

PACER
72

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)

Aug. 10, 2009

Aug. 10, 2009

PACER
74

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)

Aug. 13, 2009

Aug. 13, 2009

PACER
75

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)

Aug. 13, 2009

Aug. 13, 2009

PACER
76

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)

Aug. 20, 2009

Aug. 20, 2009

PACER
77

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)

Aug. 25, 2009

Aug. 25, 2009

PACER
78

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)

Aug. 28, 2009

Aug. 28, 2009

PACER
79

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)

Sept. 10, 2009

Sept. 10, 2009

PACER
80

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

View on RECAP

3 Exhibit 2 - WH-92

View on PACER

4 Exhibit 3 - WH- 531

View on PACER

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

View on PACER

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

View on PACER

7 Exhibit 4 RES Aff (part 3 of 8)

View on PACER

8 Exhibit 4 RES Aff (part 4 of 8)

View on PACER

Sept. 10, 2009

Sept. 10, 2009

PACER
81

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)

Sept. 10, 2009

Sept. 10, 2009

PACER
82

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)

Sept. 11, 2009

Sept. 11, 2009

PACER
83

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)

Sept. 16, 2009

Sept. 16, 2009

PACER
84

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)

Sept. 21, 2009

Sept. 21, 2009

PACER
85

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

Sept. 30, 2009

Sept. 30, 2009

PACER
86

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)

Oct. 14, 2009

Oct. 14, 2009

PACER
87

TRANSCRIPT filed. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. re Motion Hearing held June 22,2009, (Preliminary Injunction) Court Reporter J. Armstrong, Telephone number (336) 332-6034. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Request Redaction due by 11/12/2009, Redaction Request due 11/19/2009. Redacted Transcript Deadline set for 11/30/2009. Release of Transcript Restriction set for 1/27/2010. (Armstrong, Joe) (Entered: 10/29/2009)

Oct. 29, 2009

Oct. 29, 2009

PACER
88

ORDER of USCA as to 66 Notice of Appeal that upon review of submissions relative to the motion for stay pending appeal, the Court denies the motion. USCA Case Number: 09-1878. (Law, Trina) (Entered: 11/20/2009)

Nov. 20, 2009

Nov. 20, 2009

PACER
89

MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN JR. on 12/3/09, that Applicant Intervenors Motion to Intervene as Parties Defendant (Doc. 37 ) is GRANTED. (Law, Trina) (Entered: 12/03/2009)

Dec. 3, 2009

Dec. 3, 2009

RECAP
90

ORDER signed by JUDGE WILLIAM L. OSTEEN JR. on 12/4/09, that Plaintiff's Motion for Leave to File Surreply (Doc. 77 ) and Plaintiffs' Response to Defendant's Motion for Clarification of Court's Order and Plaintiff's Request for Extension of Time to File Substantive Response (Doc. 78 ) are DENIED without prejudice as MOOT. Accordingly, the court sets this matter for a status conference on the 18th day of December 2009 at 9:30 a.m. in Greensboro Courtroom 3 to address these issues. If more convenient for the parties, the court will permit counsel to attend in person or by a telephone. Counsel should notify the case manager of their preference on or before the close of business on December 14, 2009. (Law, Trina) (Entered: 12/04/2009)

Dec. 4, 2009

Dec. 4, 2009

PACER
91

NOTICE OF APPEAL as to 57 Memorandum Opinion and Order, 59 Memorandum Opinion and Order by 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, UNITED FARM WORKERS. Filing fee $ 455, receipt number 0418-689979. (WILLIS, ROBERT) (Entered: 12/07/2009)

Dec. 7, 2009

Dec. 7, 2009

PACER
92

NOTICE of Docketing Appeal from USCA re 91 Notice of Appeal 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. USCA Case Number: 09-2356. (Law, Trina) (Entered: 12/09/2009)

Dec. 9, 2009

Dec. 9, 2009

PACER
93

DEFENDANT-INTERVENORS ANSWER to 1 Complaint, AFFIRMATIVE DEFENSES, Counterclaim against by JUAN CISNEROS-IBARRA, ALEJANDRO TREJO-LEON, PEDRO IBARRA-AVILA, JAMES CEASE, MARIO CENTENO-RODRIGUEZ, DESIDERIO TOVAR-ZAPATA, GREGORIO HUERTAS-SAMANO, ABELARDO HERNANDEZ-AGUAS, ARTURO OLGUIN-MONROY, OMERA RODRIGUEZ-GUZMAN, ATANACIO LUGO-RINCON, LUIS ENRIQUE CISNEROS-IBARRA, UNITED FARM WORKERS, MIGUEL ANGEL OLGUIN-HERNANDEZ, OBDULA MALDONADO-ABELLANEDA, JOSE RAUL GUZMAN-CENTENO, REYMUNDO GUTIERREZ, CARLOS LUIS GUZMAN-CENTENO. (WILLIS, ROBERT) (Entered: 12/17/2009)

Dec. 17, 2009

Dec. 17, 2009

PACER
94

MOTION for Notice of Wage Dispute to H-2A Employers by 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, UNITED FARM WORKERS. Responses due by 1/10/2010. (WILLIS, ROBERT) (Entered: 12/17/2009)

Dec. 17, 2009

Dec. 17, 2009

PACER
95

MEMORANDUM re 94 MOTION for Notice of Wage Dispute to H-2A Employers filed by 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, UNITED FARM WORKERS. (WILLIS, ROBERT) (Entered: 12/17/2009)

Dec. 17, 2009

Dec. 17, 2009

PACER
96

RESPONSE in Opposition re 94 MOTION for Notice of Wage Dispute to H-2A Employers filed by JANET NAPOLITANO, HILDA L. SOLIS, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF LABOR. Replies due by 1/21/2010. (Attachments: # 1 Text of Proposed Order)(FORNEY, GEOFFREY) (Entered: 01/07/2010)

Jan. 7, 2010

Jan. 7, 2010

PACER
97

RESPONSE re 94 MOTION for Notice of Wage Dispute to H-2A Employers filed by ALTA CITRUS, LLC, DESOTO FRUIT & HARVESTING, INC, EVERGLADES HARVESTING & HAULING, INC., FLORIDA CITRUS MUTUAL, FLORIDA FRUIT & VEGETABLE, FOREST RESOURCES ASSOCIATION, H-2A USA, INC., MAINE FOREST PRODUCTS COUNCIL, NATIONAL CHRISTMAS TREE ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, NORTH CAROLINA AGRIBUSINESS COUNCIL, INC, NORTH CAROLINA CHRISTMAS TREE ASSOCIATION, NORTH CAROLINA GROWERS' ASSOCIATION, INC., NORTH CAROLINA PICKLE PRODUCERS ASSOCIATION, OVERLOOK HARVESTING COMPANY, LLC, SNAKE RIVER FARMERS ASSOCIATION, TITAN PEACH FARMS, INC., VIRGINIA AGRICULTURAL GROWERS ASSOCIATION, INC. Replies due by 1/28/2010. (LOFTIS, WILLIAM) (Entered: 01/11/2010)

Jan. 11, 2010

Jan. 11, 2010

PACER
98

Transcript of Proceedings held on 10/09/09, before Judge William L. Osteen, Jr.. Court Reporter J. Armstrong, Telephone number (336) 332-6034. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. <P>NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER.<P> Redaction Request due 2/5/2010. Redacted Transcript Deadline set for 2/16/2010. Release of Transcript Restriction set for 4/15/2010. (Armstrong, Joe) (Entered: 01/15/2010)

Jan. 15, 2010

Jan. 15, 2010

PACER
99

ANSWER to Complaint by ALTA CITRUS, LLC, DESOTO FRUIT & HARVESTING, INC, EVERGLADES HARVESTING & HAULING, INC., FLORIDA CITRUS MUTUAL, FLORIDA FRUIT & VEGETABLE, FOREST RESOURCES ASSOCIATION, H-2A USA, INC., MAINE FOREST PRODUCTS COUNCIL, NATIONAL CHRISTMAS TREE ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, NORTH CAROLINA AGRIBUSINESS COUNCIL, INC, NORTH CAROLINA CHRISTMAS TREE ASSOCIATION, NORTH CAROLINA GROWERS' ASSOCIATION, INC., NORTH CAROLINA PICKLE PRODUCERS ASSOCIATION, OVERLOOK HARVESTING COMPANY, LLC, SNAKE RIVER FARMERS ASSOCIATION, TITAN PEACH FARMS, INC., VIRGINIA AGRICULTURAL GROWERS ASSOCIATION, INC. (LOFTIS, WILLIAM) (Entered: 01/19/2010)

Jan. 19, 2010

Jan. 19, 2010

PACER
100

ANSWER to 1 Complaint Amended AFFIRMATIVE DEFENSES, Counterclaim Amended by ALEJANDRO TREJO-LEON, PEDRO IBARRA-AVILA, JAMES CEASE, MARIO CENTENO-RODRIGUEZ, ABELARDO HERNANDEZ-AGUAS, OMERA RODRIGUEZ-GUZMAN, LUIS ENRIQUE CISNEROS-IBARRA, JOSE RAUL GUZMAN-CENTENO, JUAN CISNEROS-IBARRA, DESIDERIO TOVAR-ZAPATA, GREGORIO HUERTAS-SAMANO, ARTURO OLGUIN-MONROY, ATANACIO LUGO-RINCON, UNITED FARM WORKERS, MIGUEL ANGEL OLGUIN-HERNANDEZ, OBDULA MALDONADO-ABELLANEDA, REYMUNDO GUTIERREZ, CARLOS LUIS GUZMAN-CENTENO. (WILLIS, ROBERT) (Entered: 02/08/2010)

Feb. 8, 2010

Feb. 8, 2010

PACER
101

STATUS REPORT by JANET NAPOLITANO, HILDA L. SOLIS, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF LABOR. (FORNEY, GEOFFREY) (Entered: 02/16/2010)

Feb. 16, 2010

Feb. 16, 2010

PACER
102

ANSWER to AMENDED COUNTERCLAIMS. by ALTA CITRUS, LLC, DESOTO FRUIT & HARVESTING, INC, EVERGLADES HARVESTING & HAULING, INC., FLORIDA CITRUS MUTUAL, FLORIDA FRUIT & VEGETABLE, FOREST RESOURCES ASSOCIATION, H-2A USA, INC., MAINE FOREST PRODUCTS COUNCIL, NATIONAL CHRISTMAS TREE ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, NORTH CAROLINA AGRIBUSINESS COUNCIL, INC, NORTH CAROLINA CHRISTMAS TREE ASSOCIATION, NORTH CAROLINA GROWERS' ASSOCIATION, INC., NORTH CAROLINA PICKLE PRODUCERS ASSOCIATION, OVERLOOK HARVESTING COMPANY, LLC, SNAKE RIVER FARMERS ASSOCIATION, TITAN PEACH FARMS, INC., VIRGINIA AGRICULTURAL GROWERS ASSOCIATION, INC. (LOFTIS, WILLIAM) (Entered: 02/25/2010)

Feb. 25, 2010

Feb. 25, 2010

PACER

Case Details

State / Territory: North Carolina

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 9, 2009

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are agricultural growth and trade associations that employ immigrant workers under the H-2A or H-2B nonimmigrant visa programs.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

U.S. Department of Labor, Federal

U.S. Department of Homeland Security, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219

Declaratory Judgment Act, 28 U.S.C. § 2201

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Form of Settlement:

Confession of Judgment

Content of Injunction:

Preliminary relief granted

Issues

Type of Facility:

Non-government for profit

Non-government non-profit

Immigration/Border:

Admission - criteria

Admission - procedure

Employment

Status/Classification

Temporary foreign workers program

Visas - criteria

Visas - procedures