Case: Farm Labor Organizing Committee v. Roy Cooper

1:17-cv-01037 | U.S. District Court for the Middle District of North Carolina

Filed Date: Nov. 15, 2017

Closed Date: Dec. 28, 2022

Clearinghouse coding complete

Case Summary

The Farm Labor Organizing Committee (FLOC) and several private parties filed this action November 15, 2017, in the U.S. District Court for the Middle District of North Carolina. They named North Carolina Governor Roy Cooper and Administrative Office of the Courts Director Marion R. Warren as defendants. The ACLU, the Southern Poverty Law Center (SPLC), and a private practitioner served as plaintiffs’ counsel. At issue was a North Carolina state law which limited the ability of farmworkers to or…

The Farm Labor Organizing Committee (FLOC) and several private parties filed this action November 15, 2017, in the U.S. District Court for the Middle District of North Carolina. They named North Carolina Governor Roy Cooper and Administrative Office of the Courts Director Marion R. Warren as defendants. The ACLU, the Southern Poverty Law Center (SPLC), and a private practitioner served as plaintiffs’ counsel. At issue was a North Carolina state law which limited the ability of farmworkers to organize and enter into collective bargaining agreements. FLOC argued that the law violated the First and Fourteenth Amendments to the U.S. Constitution. They requested preliminary and permanent injunctive relief, as well as a declaratory judgment. The case was then assigned to Magistrate Judge L. Patrick Auld. (On May 14, 2018, the case was also assigned to U.S. District Court Judge Loretta C. Biggs.)

The law at issue (“the Act”) constrained farmworkers in two ways. First, it made agreements by agricultural employers to administer payroll union dues deductions requested by employees invalid and unenforceable. And second, the Act made certain settlement agreements invalid and unenforceable (those that required an agricultural employer to recognize or enter an agreement with a union). The plaintiffs argued that the Act violated their rights to free expression and association under the First Amendment, because the Act only restricted farmworker unions. Thus, the restriction allegedly amounted to unlawful speaker-based discrimination.

FLOC also argued that the Act violated the Fourteenth Amendment, because it “discriminatorily revoked contractual rights and privileges from a workforce that was overwhelmingly comprised of Latino non-citizens and a union with a membership comprised largely of workers from Mexico.”  And it alleged that the Act violated the plaintiffs’ right to make and enforce contracts under 42 U.S.C. § 1981. As with the First Amendment claim, the allegation of disparate treatment arose from the choice to regulate farmworker unions and no other unions. Finally, FLOC claimed that the Act was an unconstitutional Bill of Attainder because it singled out and punished FLOC for its labor organizing activity. FLOC was the only farmworker union in North Carolina, meaning that all of the Act’s restrictions fell on FLOC.

Defendants Cooper and Warren moved to dismiss for lack of jurisdiction and failure to state a claim on January 25, 2018. The parties agreed to dismiss Governor Cooper from the action on February 5, 2018. That same day, FLOC amended its complaint to remove Governor Cooper and add North Carolina Attorney General Joshua Stein as a defendant. The amended complaint described Stein’s role in enforcing the Act and updated FLOC’s allegations of harm suffered. It was otherwise substantially similar to the original complaint.

The plaintiffs had moved for a preliminary injunction on November 20, 2017. 2017 WL 10846442. They withdrew this motion on February 5, 2018, and filed an amended motion for a preliminary injunction the next day. This time, they argued that the Act should be enjoined because an injunction against an unconstitutional law would protect the plaintiffs’ constitutional rights but could not harm the defendants, who lacked an interest in enforcing an unconstitutional law.

Defendant Warren again moved to dismiss for lack of jurisdiction and failure to state a claim on February 19, 2018. Likewise, on March 2, 2018, defendant Stein moved to dismiss the first amended complaint. Both defendants argued that they were protected by North Carolina’s sovereign immunity. And they argued that the plaintiffs lacked standing because the plaintiffs could not establish an injury in fact or a connection between any such injury and the defendants.

Magistrate Judge Auld filed a report and recommendation (R&R) on August 21, 2018. He recommended that the court grant Director Warren’s dismissal motion, deny Attorney General Stein’s dismissal motion, and grant FLOC’s motion for a preliminary injunction. Judge Biggs reviewed and adopted the August 21 R&R in an order filed on September 20, 2018. 2018 WL 4518696.

The R&R explained that Director Warren had only general enforcement authority over the Act. This was insufficient under Ex parte Young’s exception to state sovereign immunity, which required a “special relationship” between allegedly harmful conduct and a state actor. The court accordingly dismissed the claims against Warren. On the other hand, the complaint alleged that Stein had direct enforcement responsibility for violations of the Act. At the motion-to-dismiss stage, this was enough to satisfy the Ex parte Young requirements. Because the power of Stein’s office sufficiently connected him with the duty of enforcement, he was a proper party to the suit. The court also rejected Stein’s argument that FLOC lacked standing. The magistrate therefore recommended denying–and Judge Biggs in fact denied–his motion to dismiss.

The R&R as adopted by Judge Biggs recommended granting FLOC’s motion for a preliminary injunction. The R&R explained that, among other things, the Act did not appear rationally related to its stated purpose of reducing farmers’ regulatory burdens and restricting harassment from organizing activity. The plaintiffs therefore demonstrated a likelihood of success on at least their Fourteenth Amendment claim. Likewise, the court found that the plaintiffs satisfied the four other familiar requirements, so the court granted their request for a preliminary injunction.

The North Carolina Farm Bureau (NCFB) moved to intervene as a defendant on January 25, 2018. 2018 WL 3491807. Judge Biggs denied this motion in her September 20 order adopting the R&R. On October 18, 2018, the NCFB moved to alter the court’s judgment that it could not intervene in the case. And on October 19, 2018, NCFB appealed the court’s order denying its motion to intervene. In denying the motion to intervene, Judge Biggs had found that the NCFB’s position overlapped with that of the Attorney General, making intervention redundant. NCFB’s motion to alter judgment highlighted new evidence: a series of tweets from Attorney General Stein. These tweets explained that Stein’s participation in the case was part of a fight for union rights. Since NCFB “and its members [were] relying on him to fight in court against union members,” NCFB thought that intervention remained necessary. The court was not persuaded; on June 18, 2019, Judge Biggs denied the NCFB’s motion by adopting an R&R prepared by Judge Auld. 2019 WL 2517063. NCFB moved to dismiss its appeal on July 18, 2019, and the court granted this motion July 19, 2019.

Defendant Stein and plaintiff FLOC filed motions for summary judgment on August 14, 2020. The court referred the summary judgment motions to Magistrate Judge Auld, who filed an R&R on February 25, 2021. The court entered an order adopting the R&R on March 30, 2021. In this order, it granted in part and denied in part both Stein’s and FLOC’s motions for summary judgment. The court granted FLOC’s motion on its claims that the Act's provision regarding dues violated their First Amendment and (First-Amendment-related) equal protection rights, but granted Stein’s motion for summary judgment on all of the plaintiffs’ other claims, including the plaintiffs' First Amendment claims regarding the settlement provision.

FLOC appealed the court’s judgment on its motion for summary judgment on April 28, 2021. Defendant Stein likewise appealed the court’s judgment on his motion for summary on May 5, 2021. The Fourth Circuit consolidated these two appeals. The parties then filed an unopposed motion for abeyance. The Fourth Circuit granted this motion on July 15, 2021, and, as requested, suspended briefing in the consolidated appeal pending the district court’s issuance of final injunctive relief.

The parties returned to district court to litigate their proposed remedies given the court’s summary judgment rulings. Magistrate Judge Auld issued an R&R addressing this issue on August 18, 2021. In it, he recommended that the court grant declaratory and permanent injunctive relief to FLOC, and that the court should dissolve its preliminary injunction. The parties agreed that permanent injunctive relief was appropriate but disagreed about the form of the injunction. The Act merely added impermissible language to an existing statute. So rather than rewrite the Act (as requested by Stein), Judge Auld recommended that the court invalidate and sever the Act. This would leave the rest of the statute, which FLOC did not challenge, in effect. Judge Biggs adopted the R&R on September 15, 2021, thereby enjoining Attorney General Stein from enforcing the Act and dissolving the preliminary injunction.

FLOC amended its notice of appeal on September 20, 2021. And on September 21, 2021, defendant Stein appealed the court’s September 15 judgment.

On December 28, 2022, the U.S. Court of Appeals for the Fourth Circuit affirmed the district court's decision to deny relief as to all but the provision regarding dues. As to that latter provision, the Fourth Circuit reversed the district court's decision that it violated the First Amendment and vacated the accompanying injunction. The Fourth Circuit, in disagreeing with the district court, reasoned that the provision in question only prohibited a narrow type of behavior regarding settlement agreements and that that narrow interpretation did not violate the right to association found in the First Amendment. In affirming the remainder of the district court's ruling, the Fourth Circuit concluded that the plaintiffs were not part of a suspect class and that any disparate impact on the plaintiffs, who were predominantly Latino, did not constitute an equal protection violation. 56 F.4th 339.

This case is now closed.

Summary Authors

Hank Minor (11/19/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6224972/parties/farm-labor-organizing-committee-v-roy-cooper/


Judge(s)

Biggs, Loretta Copeland (North Carolina)

Attorney for Plaintiff

BRAUN, KATRINA M. (North Carolina)

BROOK, CHRISTOPHER A. (North Carolina)

BROOKE, CAROL (North Carolina)

Attorney for Defendant

BRITO, OLGA E. (North Carolina)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document
1

1:17-cv-01037

Complaint for Injunctive and Declaratory Belief

Nov. 15, 2017

Nov. 15, 2017

Complaint
31

1:17-cv-01037

First Amended Complaint for Injunctive and Declaratory Relief

Farm Labor Organizing Committee v. Stein

Feb. 5, 2018

Feb. 5, 2018

Complaint
62

1:17-cv-01037

Order

Farm Labor Organizing Committee v.Stein

Sept. 20, 2018

Sept. 20, 2018

Order/Opinion

2018 WL 2018

75

1:17-cv-01037

Memorandum Opinion and Recommendation of United States Magistrate Judge

Farm Labor Organizing Committee v.Stein

May 17, 2019

May 17, 2019

Order/Opinion

2019 WL 2019

80

1:17-cv-01037

Order

Farm Labor Organizing Committee v.Stein

June 18, 2019

June 18, 2019

Order/Opinion

2019 WL 2019

124

1:17-cv-01037

Memorandum Opinion and Recommendation of United States Magistrate Judge

Farm Labor Organizing Committee v. Stein

Feb. 25, 2021

Feb. 25, 2021

Magistrate Report/Recommendation

2021 WL 2021

162

1:17-cv-01037

Order

Farm Labor Organizing Committee v. Stein

Sept. 15, 2021

Sept. 15, 2021

Order/Opinion

2021 WL 2021

21-01499

21-01541

Opinion

Farm Labor Organizing Committee v. Stein

U.S. Court of Appeals for the Fourth Circuit

Dec. 28, 2022

Dec. 28, 2022

Order/Opinion

56 F.4th 56

92

21-01499

Opinion

Farm Labor Organizing Committee v. Stein

U.S. Court of Appeals for the Fourth Circuit

Dec. 28, 2022

Dec. 28, 2022

Order/Opinion

56 F.4th 56

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6224972/farm-labor-organizing-committee-v-roy-cooper/

Last updated March 8, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Plaintiffs ( Filing fee $ 400 receipt number 0418-2240450.), filed by FARM LABOR ORGANIZING COMMITTEE, Valentin Alvarado-Hernandez, Victor Toledo-Vences.(GRAUNKE, KRISTI) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

Clearinghouse

Case Referred to Mediation

Nov. 15, 2017

Nov. 15, 2017

PACER
2

NOTICE of Appearance by attorney CLERMONT FRASER RIPLEY on behalf of Plaintiffs Valentin Alvarado-Hernandez, FARM LABOR ORGANIZING COMMITTEE, Victor Toledo-Vences (RIPLEY, CLERMONT) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER

CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Coyne, Michelle)

Nov. 15, 2017

Nov. 15, 2017

PACER
3

Summons Issued as to ROY COOPER, and MARION R. WARREN. (Attachments: # 1 Cooper)(Coyne, Michelle) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
4

Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: # 1 Consent Form)(Coyne, Michelle) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
5

NOTICE of Appearance by attorney ROBERT JAMES WILLIS on behalf of Plaintiffs FARM LABOR ORGANIZING COMMITTEE, VALENTIN ALVARADO HERNANDEZ, VICTOR TOLEDO VENCES (WILLIS, ROBERT) (Entered: 11/16/2017)

Nov. 16, 2017

Nov. 16, 2017

RECAP

Case Assigned

Nov. 16, 2017

Nov. 16, 2017

PACER
6

NOTICE of Appearance by attorney CAROL BROOKE on behalf of Plaintiffs FARM LABOR ORGANIZING COMMITTEE, VALENTIN ALVARADO HERNANDEZ, VICTOR TOLEDO VENCES (BROOKE, CAROL) (Entered: 11/16/2017)

Nov. 16, 2017

Nov. 16, 2017

PACER

Case Referred to Standing Order 30

Nov. 16, 2017

Nov. 16, 2017

PACER

Case ASSIGNED to UNASSIGNED and MAGISTRATE JUDGE L. PATRICK AULD. Set flag for Magistrate Judge L. Patrick Auld. (Coyne, Michelle)

Nov. 16, 2017

Nov. 16, 2017

PACER

CASE REFERRED to Standing Order 30. (Coyne, Michelle)

Nov. 16, 2017

Nov. 16, 2017

PACER
7

MOTION for Preliminary Injunction by FARM LABOR ORGANIZING COMMITTEE, VALENTIN ALVARADO HERNANDEZ, VICTOR TOLEDO VENCES. Response to Motion due by 12/11/2017 (Attachments: # 1 Exhibit Exhibit Index, # 2 Exhibit 1 - Session Law 2017-108, # 3 Exhibit 2 - Integrated State Workforce Plan, # 4 Exhibit 3 - Declaration of Thomas A Arcury, Ph.D., # 5 Exhibit 4 - Declaration of Justin Flores, # 6 Exhibit 5 - Declaration of Victor Toledo Vences, # 7 Exhibit 6 - Declaration of Valentin Alvarado Hernandez, # 8 Exhibit 7 - State Agricultural Overview, # 9 Exhibit 8 - Findings from National Agricultural Workers Survey, # 10 Exhibit 9 - Wage, Wage Violations, and Pesticide Safety Experienced by Farmworkers, # 11 Exhibit 10 - 2015 Census of Fatal Occupational Injuries, # 12 Exhibit 11 - Report on Working Conditions in North Carolina Tobacco, # 13 Exhibit 12 - Declaration of Dr. Cindy Hahamovitch, # 14 Exhibit 13 - U.S. Temporary Foreign Worker Visas, # 15 Exhibit 14 - Report on Guestworker Programs in the United States, # 16 Exhibit 15 - Session 2017, Senate Bill 615, Edition 1, # 17 Exhibit 16 - Amendment A3, Senate Bill 615, # 18 Exhibit 17 - Transcript of the Debate on the Farm Act, # 19 Exhibit 18 - News & Observer Article, # 20 Exhibit 19 - Conference Report, Senate Bill 615, # 21 Exhibit 20 - History of Senate Bill 615, S.L. 2017-108, # 22 Exhibit 21 - Record Showing House Adoption of Amendment A3, # 23 Exhibit 22 - Record Showing House and Senate Passage of Senate Bill 615, # 24 Exhibit 23 - Declaration of Professor Charlotte Garden, # 25 Exhibit 24 - Declaration of Tori Guy)(GRAUNKE, KRISTI) (Entered: 11/20/2017)

24

View on RECAP

Nov. 20, 2017

Nov. 20, 2017

PACER
8

BRIEF re 7 MOTION for Preliminary Injunction . (GRAUNKE, KRISTI) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

RECAP
9

MOTION to Exceed Page Limit by FARM LABOR ORGANIZING COMMITTEE, VALENTIN ALVARADO HERNANDEZ, VICTOR TOLEDO VENCES. Responses due by 12/11/2017 (Attachments: # 1 Text of Proposed Order Proposed Order for Extension of Limitation on Length of Briefs)(GRAUNKE, KRISTI) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
10

NOTICE of Appearance by attorney CHRISTOPHER A. BROOK on behalf of Plaintiffs FARM LABOR ORGANIZING COMMITTEE, VALENTIN ALVARADO HERNANDEZ, VICTOR TOLEDO VENCES (BROOK, CHRISTOPHER) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
12

NOTICE of Appearance by attorney MATTHEW T. TULCHIN on behalf of Defendant ROY COOPER (TULCHIN, MATTHEW) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
13

AFFIDAVIT OF SERVICE as to All Defendants. (Attachments: # 1 Exhibit No 1, # 2 Exhibit No 2)(RIPLEY, CLERMONT) (Entered: 12/04/2017)

Dec. 4, 2017

Dec. 4, 2017

PACER
14

NOTICE of Appearance by attorney GRADY L. BALENTINE, JR on behalf of Defendant MARION R. WARREN (BALENTINE, GRADY) (Entered: 12/04/2017)

Dec. 4, 2017

Dec. 4, 2017

PACER
15

NOTICE of Appearance by attorney JULIA M. SOLORZANO on behalf of Plaintiffs FARM LABOR ORGANIZING COMMITTEE, VALENTIN ALVARADO HERNANDEZ, VICTOR TOLEDO VENCES (SOLORZANO, JULIA) (Entered: 12/05/2017)

Dec. 5, 2017

Dec. 5, 2017

PACER
16

Consent MOTION for Extension of Time to File Answer re 1 Complaint by ROY COOPER, MARION R. WARREN. (Attachments: # 1 Text of Proposed Order)(TULCHIN, MATTHEW) (Entered: 12/06/2017)

Dec. 6, 2017

Dec. 6, 2017

PACER

Motions Referred: RE: 9 MOTION to Exceed Page Limit, 16 Consent MOTION for Extension of Time to File Answer as to 1 Complaint, to MAG/JUDGE L. PATRICK AULD (Garrett, Kim)

Dec. 7, 2017

Dec. 7, 2017

PACER

Motions Referred

Dec. 7, 2017

Dec. 7, 2017

PACER
17

NOTICE of Appearance by attorney MEREDITH B. STEWART on behalf of Plaintiffs FARM LABOR ORGANIZING COMMITTEE, VALENTIN ALVARADO HERNANDEZ, VICTOR TOLEDO VENCES (STEWART, MEREDITH) (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

PACER

Order on Motion for Extension of Time to Answer

Dec. 7, 2017

Dec. 7, 2017

PACER

TEXT ORDER granting 16 Motion for Extension of Time. Defendants shall answer or otherwise respond to 1 Complaint and shall file any response to 7 Motion for Preliminary Injunction by 01/11/2018. Issued by MAG/JUDGE L. PATRICK AULD on 12/07/2017. (AULD, L.)

Dec. 7, 2017

Dec. 7, 2017

PACER

Order on Motion to Exceed Page Limit

Dec. 7, 2017

Dec. 7, 2017

PACER

TEXT ORDER denying 9 Motion for Extension of Limitation on Length of Briefs, striking 8 Brief, and directing Plaintiffs to file a revised brief in support of 7 Motion for Preliminary Injunction that complies with the Local Rules on or before 12/11/2017. In support of 9 Motion, Plaintiffs contend that, in preparing 8 Brief, they could not comply with the word limit imposed by the Local Rules, because of their need to provide a detailed recitation of the factual record. However, a review of 8 Memorandum reveals that Plaintiff's recitation of the factual record takes up slightly more than eight pages, whereas the argument section extends for nearly 20 pages. Accordingly, it appears that a desire to make voluminous legal arguments, not a need to include an adequate factual record, actually drove Plaintiff to exceed the word limit. Because the record does not support the reasoning offered in 9 Motion, the Court denies the relief requested and requires Plaintiffs to file a proper brief. Issued by MAG/JUDGE L. PATRICK AULD on 12/07/2017. (AULD, L.)

Dec. 7, 2017

Dec. 7, 2017

PACER
18

Amended BRIEF re 7 MOTION for Preliminary Injunction . (GRAUNKE, KRISTI) (Entered: 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

PACER
19

Notice to Parties RE: SO30. Responses due by 1/22/2018 (Winchester, Robin) (Entered: 12/22/2017)

Dec. 22, 2017

Dec. 22, 2017

PACER
20

MOTION for Extension of Time to File Answer re 1 Complaint and Respond to 7 Motion for Preliminary Injunction by ROY COOPER, MARION R. WARREN. (Attachments: # 1 Text of Proposed Order)(BALENTINE, GRADY) (Entered: 01/04/2018)

Jan. 4, 2018

Jan. 4, 2018

PACER

Motions Referred: RE: 20 MOTION for Extension of Time to File Answer re 1 Complaint and Respond to 7 Motion for Preliminary Injunction, to MAG/JUDGE L. PATRICK AULD (Garrett, Kim)

Jan. 8, 2018

Jan. 8, 2018

PACER

Motions Referred

Jan. 8, 2018

Jan. 8, 2018

PACER

TEXT ORDER granting 20 Motion for Extension of Time. Defendants shall answer or otherwise respond to 1 Complaint and shall file any response to 7 Motion for Preliminary Injunction by 01/25/2018. Issued by MAG/JUDGE L. PATRICK AULD on 01/09/2018. (AULD, L.)

Jan. 9, 2018

Jan. 9, 2018

PACER

Order on Motion for Extension of Time to Answer

Jan. 9, 2018

Jan. 9, 2018

PACER
21

MOTION to Intervene by North Carolina Farm Bureau. Response to Motion due by 2/15/2018 (Attachments: # 1 Exhibit A- Proposed Motion to Dismiss, # 2 Exhibit B- Proposed Memorandum in Support of Motion to Dismiss, # 3 Exhibit C- Proposed Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction, # 4 Exhibit D- Proposed Corporate Disclosure Statement, # 5 Exhibit E- # 6 Text of Proposed Order Proposed Order)(HUFF, NATHAN) Modified on 4/10/2018 to remove 21-5 from docket. Exhibit E (21-5) was processed manually (Coyne, Michelle). (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

PACER
22

MEMORANDUM filed by Intervenor Defendant North Carolina Farm Bureau re 21 MOTION to Intervene filed by North Carolina Farm Bureau. (Attachments: # 1 Exhibit A- Affidavit of James Edward Boyette, III)(HUFF, NATHAN) (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

PACER
23

NOTICE of Appearance by attorney NATHAN A. HUFF on behalf of Intervenor Defendant North Carolina Farm Bureau (HUFF, NATHAN) (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

PACER
24

MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by MARION R. WARREN. Response to Motion due by 2/15/2018 (BALENTINE, GRADY) (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

PACER
25

MEMORANDUM filed by Defendant MARION R. WARREN re 24 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by MARION R. WARREN. (BALENTINE, GRADY) (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

RECAP
26

RESPONSE in Opposition re 7 MOTION for Preliminary Injunction filed by VALENTIN ALVARADO HERNANDEZ, VICTOR TOLEDO VENCES, FARM LABOR ORGANIZING COMMITTEE filed by MARION R. WARREN. Replies due by 2/8/2018 (BALENTINE, GRADY) (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

RECAP
27

MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by ROY COOPER. Response to Motion due by 2/15/2018 (TULCHIN, MATTHEW) (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

PACER
28

BRIEF re 27 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim . (TULCHIN, MATTHEW) (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

RECAP
29

RESPONSE in Opposition re 7 MOTION for Preliminary Injunction filed by VALENTIN ALVARADO HERNANDEZ, VICTOR TOLEDO VENCES, FARM LABOR ORGANIZING COMMITTEE filed by ROY COOPER. Replies due by 2/8/2018 (TULCHIN, MATTHEW) (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

RECAP
30

STIPULATION of Dismissal of Defendant Roy Cooper without Prejudice by FARM LABOR ORGANIZING COMMITTEE, VALENTIN ALVARADO HERNANDEZ, VICTOR TOLEDO VENCES. (GRAUNKE, KRISTI) (Entered: 02/05/2018)

Feb. 5, 2018

Feb. 5, 2018

PACER
31

First AMENDED COMPLAINT against defendant MARION R. WARREN, Joshua Stein, filed by FARM LABOR ORGANIZING COMMITTEE, VALENTIN ALVARADO HERNANDEZ, VICTOR TOLEDO VENCES.(GRAUNKE, KRISTI) (Entered: 02/05/2018)

Feb. 5, 2018

Feb. 5, 2018

Clearinghouse
32

WITHDRAWAL of Motion by Plaintiffs FARM LABOR ORGANIZING COMMITTEE, VALENTIN ALVARADO HERNANDEZ, VICTOR TOLEDO VENCES re 7 MOTION for Preliminary Injunction filed by VALENTIN ALVARADO HERNANDEZ, VICTOR TOLEDO VENCES, FARM LABOR ORGANIZING COMMITTEE . (GRAUNKE, KRISTI) (Entered: 02/05/2018)

Feb. 5, 2018

Feb. 5, 2018

PACER
33

Summons Issued as to JOSHUA STEIN. (Coyne, Michelle) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
34

Amended MOTION for Preliminary Injunction by FARM LABOR ORGANIZING COMMITTEE, VALENTIN ALVARADO HERNANDEZ, VICTOR TOLEDO VENCES. Response to Motion due by 2/27/2018 (Attachments: # 1 Exhibit Index, # 2 Exhibit 1 - Session Law 2017-108, # 3 Exhibit 2 - Integrated State Workforce Plan, # 4 Exhibit 3 - Declaration of Thomas A Arcury Ph.D., # 5 Exhibit 4 - Amended Declaration of Justin Flores, # 6 Exhibit 5 - Declaration of Victor Toledo Vences, # 7 Exhibit 6 - Declaration of Valentin Alvarado Hernandez, # 8 Exhibit 7 - State Agricultural Overview, # 9 Exhibit 8 - Findings from National Agricultural Workers Survey, # 10 Exhibit 9 - Wage, Wage Violations, and Pesticide Safety Experienced by Farmworkers, # 11 Exhibit 10 - 2015 Census of Fatal Occupational Injuries, # 12 Exhibit 11 - Report on Working Conditions in North Carolina Tobacco, # 13 Exhibit 12 - Declaration of Dr. Cindy Hahamovitch, # 14 Exhibit 13 - U.S. Temporary Foreign Worker Visas, # 15 Exhibit 14 - Report on Guestworker Programs in the United States, # 16 Exhibit 15 - Session 2017, Senate Bill 615, Edition 1, # 17 Exhibit 16 - Amendment A3, Senate Bill 615, # 18 Exhibit 17 - Transcript of the Debate on the Farm Act, # 19 Exhibit 18 - News & Observer Article, # 20 Exhibit 19 - Conference Report, Senate Bill 615, # 21 Exhibit 20 - History of Senate Bill 615, S.L. 2017-108, # 22 Exhibit 21 - Record Showing House Adoption of Amendment A3, # 23 Exhibit 22 - Record Showing House and Senate Passage of Senate Bill 615, # 24 Exhibit 23 - Declaration of Professor Charlotte Garden, # 25 Exhibit 24 - Amended Declaration of Tori Guy)(GRAUNKE, KRISTI) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
35

BRIEF re 34 Amended MOTION for Preliminary Injunction . (GRAUNKE, KRISTI) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
36

NOTICE of Appearance by attorney MATTHEW T. TULCHIN on behalf of Defendant JOSHUA STEIN (TULCHIN, MATTHEW) (Entered: 02/09/2018)

Feb. 9, 2018

Feb. 9, 2018

PACER
37

AFFIDAVIT OF SERVICE as to JOSHUA STEIN served on 2/9/2018, answer due 3/2/2018. (Attachments: # 1 Exhibit No. 1, Certified Mail Receipt, # 2 Exhibit No. 2, USPS Tracking Information)(RIPLEY, CLERMONT) (Entered: 02/15/2018)

Feb. 15, 2018

Feb. 15, 2018

PACER
38

RESPONSE in Opposition re 22 Memorandum filed by North Carolina Farm Bureau, 21 MOTION to Intervene filed by North Carolina Farm Bureau filed by FARM LABOR ORGANIZING COMMITTEE, VALENTIN ALVARADO HERNANDEZ, VICTOR TOLEDO VENCES. Replies due by 3/1/2018 (GRAUNKE, KRISTI) (Entered: 02/15/2018)

Feb. 15, 2018

Feb. 15, 2018

PACER
39

MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by MARION R. WARREN. Response to Motion due by 3/12/2018 (BALENTINE, GRADY) (Entered: 02/19/2018)

Feb. 19, 2018

Feb. 19, 2018

PACER
40

MEMORANDUM filed by Defendant MARION R. WARREN re 39 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by MARION R. WARREN. (BALENTINE, GRADY) (Entered: 02/19/2018)

Feb. 19, 2018

Feb. 19, 2018

PACER
41

RESPONSE in Opposition re 34 Amended MOTION for Preliminary Injunction filed by VALENTIN ALVARADO HERNANDEZ, VICTOR TOLEDO VENCES, FARM LABOR ORGANIZING COMMITTEE filed by MARION R. WARREN. Replies due by 3/6/2018 (BALENTINE, GRADY) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

RECAP
42

NOTICE of Appearance by attorney EMILY E. SEAWELL on behalf of Plaintiffs FARM LABOR ORGANIZING COMMITTEE, VALENTIN ALVARADO HERNANDEZ, VICTOR TOLEDO VENCES (SEAWELL, EMILY) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER
43

REPLY, filed by Intervenor Defendant North Carolina Farm Bureau, to Response to 21 MOTION to Intervene filed by North Carolina Farm Bureau. (Attachments: # 1 Exhibit A- Proposed Motion to Dismiss, # 2 Exhibit B- Proposed Memorandum of Law in Support of Proposed Motion to Dismiss, # 3 Exhibit C- Proposed Memorandum in Opposition to Plaintiffs' Amended Motion for Preliminary Injunction)(HUFF, NATHAN) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
44

MOTION to Dismiss FIRST AMENDED COMPLAINT by JOSHUA STEIN. Response to Motion due by 3/23/2018 (TULCHIN, MATTHEW) (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

PACER
45

MEMORANDUM filed by Defendant JOSHUA STEIN re 44 MOTION to Dismiss FIRST AMENDED COMPLAINT filed by JOSHUA STEIN. (TULCHIN, MATTHEW) (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

PACER
46

RESPONSE in Opposition re 34 Amended MOTION for Preliminary Injunction filed by VALENTIN ALVARADO HERNANDEZ, VICTOR TOLEDO VENCES, FARM LABOR ORGANIZING COMMITTEE filed by JOSHUA STEIN. Replies due by 3/16/2018 (TULCHIN, MATTHEW) (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

PACER
47

RESPONSE in Opposition re 39 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by MARION R. WARREN filed by FARM LABOR ORGANIZING COMMITTEE, VALENTIN ALVARADO HERNANDEZ, VICTOR TOLEDO VENCES. Replies due by 3/20/2018 (Attachments: # 1 Exhibit 1 - AOC Office of General Counsel Fact Sheet)(SOLORZANO, JULIA) (Entered: 03/06/2018)

March 6, 2018

March 6, 2018

PACER
48

REPLY, filed by Plaintiffs FARM LABOR ORGANIZING COMMITTEE, VALENTIN ALVARADO HERNANDEZ, VICTOR TOLEDO VENCES, to Response to 34 Amended MOTION for Preliminary Injunction filed by FARM LABOR ORGANIZING COMMITTEE, VALENTIN ALVARADO HERNANDEZ, VICTOR TOLEDO VENCES. (SOLORZANO, JULIA) (Entered: 03/06/2018)

March 6, 2018

March 6, 2018

RECAP
49

RESPONSE in Opposition re 44 MOTION to Dismiss FIRST AMENDED COMPLAINT filed by JOSHUA STEIN filed by FARM LABOR ORGANIZING COMMITTEE, VALENTIN ALVARADO HERNANDEZ, VICTOR TOLEDO VENCES. Replies due by 3/30/2018 (SOLORZANO, JULIA) (Entered: 03/16/2018)

March 16, 2018

March 16, 2018

PACER
50

REPLY, filed by Plaintiffs FARM LABOR ORGANIZING COMMITTEE, VALENTIN ALVARADO HERNANDEZ, VICTOR TOLEDO VENCES, to Response to 34 Amended MOTION for Preliminary Injunction filed by FARM LABOR ORGANIZING COMMITTEE, VALENTIN ALVARADO HERNANDEZ, VICTOR TOLEDO VENCES. (SOLORZANO, JULIA) (Entered: 03/16/2018)

March 16, 2018

March 16, 2018

PACER
52

MOTION for Extension of Time to File Response/Reply to Plaintiff's Brief in Opposition to Defendant Stein's Motion to Dismiss by JOSHUA STEIN. (Attachments: # 1 Text of Proposed Order Extending Time to File Reply)(TULCHIN, MATTHEW) (Entered: 03/22/2018)

March 22, 2018

March 22, 2018

PACER

Motions Referred: RE: 52 MOTION for Extension of Time to File Response/Reply to Plaintiff's Brief in Opposition to Defendant Stein's Motion to Dismiss, to MAG/JUDGE L. PATRICK AULD (Garrett, Kim)

March 23, 2018

March 23, 2018

PACER

Motions Referred

March 23, 2018

March 23, 2018

PACER

TEXT ORDER granting 52 Motion for Extension of Time. Defendant Josh Stein shall file any reply to 49 Response by 04/06/2018. Issued by MAG/JUDGE L. PATRICK AULD on 03/23/2018. (AULD, L.)

March 23, 2018

March 23, 2018

PACER

Order on Motion for Extension of Time to File Response/Reply

March 23, 2018

March 23, 2018

PACER
53

Consent MOTION for Extension of Time to File Response/Reply by JOSHUA STEIN. (Attachments: # 1 Text of Proposed Order on Def. Stein's Consent Motion for Extension)(TULCHIN, MATTHEW) (Entered: 04/05/2018)

April 5, 2018

April 5, 2018

PACER

Motions Referred

April 5, 2018

April 5, 2018

PACER

Motions Referred: RE: 53 Consent MOTION for Extension of Time to File Response/Reply, to MAG/JUDGE L. PATRICK AULD (Garrett, Kim)

April 5, 2018

April 5, 2018

PACER

TEXT ORDER granting 53 Consent Motion for Extension of Time. Defendant Joshua Stein shall file any reply to 49 Response by 04/09/2018. Issued by MAG/JUDGE L. PATRICK AULD on 04/09/2018. (AULD, L.)

April 9, 2018

April 9, 2018

PACER

Order on Motion for Extension of Time to File Response/Reply

April 9, 2018

April 9, 2018

PACER
54

REPLY, filed by Defendant JOSHUA STEIN, to Response to 44 MOTION to Dismiss FIRST AMENDED COMPLAINT filed by JOSHUA STEIN. (TULCHIN, MATTHEW) (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

PACER

Motions Referred: RE: 21 MOTION to Intervene, 34 Amended MOTION for Preliminary Injunction, 39 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim, 44 MOTION to Dismiss FIRST AMENDED COMPLAINT, to MAG/JUDGE L. PATRICK AULD (Garrett, Kim)

April 10, 2018

April 10, 2018

PACER

Motions Referred

April 10, 2018

April 10, 2018

PACER

Case Reassigned to JUDGE LORETTA C. BIGGS. UNASSIGNED no longer assigned to the case. (Marsh, Keah)

May 14, 2018

May 14, 2018

PACER

Case Reassigned

May 14, 2018

May 14, 2018

PACER
55

NOTICE of Appearance by attorney KATHRYN HICKS SHIELDS on behalf of Defendant MARION R. WARREN (SHIELDS, KATHRYN) (Entered: 06/05/2018)

June 5, 2018

June 5, 2018

PACER
56

MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 08/21/2018, that the Court grant the Warren Dismissal Motion (Docket Entry 39 ). FURTHER that the Court deny the Stein Dismissal Motion (Docket Entry 44 ). FURTHER that the Court deny the Intervention Motion (Docket Entry 21 ). FURTHER that the Court grant the Preliminary Injunction Motion (Docket Entry 34 ) by enjoining Stein from enforcing the Farm Act and waiving the security requirement.(Taylor, Abby) (Main Document 56 replaced on 9/20/2018 to correct typo) (Taylor, Abby). (Main Document 56 replaced on 9/20/2018) (Coyne, Michelle). (Entered: 08/21/2018)

Aug. 21, 2018

Aug. 21, 2018

RECAP
57

Notice of Mailing Recommendation. Objections to R&R due by 9/4/2018. Objections to R&R for Pro Se due by 9/7/2018. (Taylor, Abby) (Entered: 08/21/2018)

Aug. 21, 2018

Aug. 21, 2018

PACER
58

MOTION for Extension of Time to File Objections by JOSHUA STEIN. (TULCHIN, MATTHEW) (Entered: 08/29/2018)

Aug. 29, 2018

Aug. 29, 2018

PACER

Motion Referred: RE: 58 MOTION for Extension of Time to File Objections, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie)

Aug. 30, 2018

Aug. 30, 2018

PACER

Motions Referred

Aug. 30, 2018

Aug. 30, 2018

PACER

TEXT ORDER granting in part 58 Motion for Extension of Time. Defendant Joshua Stein shall file any objections to 56 Recommendation by 09/11/2018. Issued by MAG/JUDGE L. PATRICK AULD on 08/30/2018. (AULD, L.)

Aug. 30, 2018

Aug. 30, 2018

PACER

Order on Motion for Extension of Time

Aug. 30, 2018

Aug. 30, 2018

PACER
59

OBJECTION TO RECOMMENDED RULING - MAGISTRATE JUDGE re 56 Recommended Ruling - Magistrate Judge,, by Intervenor Defendant NORTH CAROLINA FARM BUREAU . (Attachments: # 1 Exhibit A. Proposed Answer)(HUFF, NATHAN) (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER
60

MOTION for Extension of Time to File Response/Reply as to 59 Objection to Recommended Ruling - Magistrate Judge by FARM LABOR ORGANIZING COMMITTEE, VALENTIN ALVARADO HERNANDEZ, VICTOR TOLEDO VENCES. (Attachments: # 1 Text of Proposed Order)(BROOK, CHRISTOPHER) (Entered: 09/11/2018)

Sept. 11, 2018

Sept. 11, 2018

PACER

Motions Referred

Sept. 11, 2018

Sept. 11, 2018

PACER

Motion Referred: RE: 60 MOTION for Extension of Time to File Response/Reply as to 59 Objection to Recommended Ruling - Magistrate Judge, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie)

Sept. 11, 2018

Sept. 11, 2018

PACER

Order on Motion for Extension of Time to File Response/Reply

Sept. 11, 2018

Sept. 11, 2018

PACER

TEXT ORDER denying 60 Motion for Extension of Time to File Response to 59 Objection. Plaintiffs have at least nine attorneys, four of whom are located in cities far-removed from the anticipated impact of Hurricane Florence (in Atlanta, Georgia, Decatur, Georgia, New Orleans, Louisiana, and New York, New York, respectively). Under these circumstances, the Court cannot conclude that good cause supports the requested extension. Issued by MAG/JUDGE L. PATRICK AULD on 09/11/2018. (AULD, L.)

Sept. 11, 2018

Sept. 11, 2018

PACER
61

RESPONSE TO OBJECTION to 56, 59 Recommended Ruling filed by FARM LABOR ORGANIZING COMMITTEE, VALENTIN ALVARADO HERNANDEZ, VICTOR TOLEDO VENCES. (BROOK, CHRISTOPHER) (Entered: 09/18/2018)

Sept. 18, 2018

Sept. 18, 2018

PACER

CASE REFERRED RE: 59 Objection to Recommended Ruling - Magistrate Judge, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie)

Sept. 19, 2018

Sept. 19, 2018

PACER

Case Referred to Magistrate Judge

Sept. 19, 2018

Sept. 19, 2018

PACER

CASE REFERRED to JUDGE LORETTA C. BIGGS, RE: 56 RECOMMENDED RULING - MAGISTRATE JUDGE. (Blay, Debbie)

Sept. 19, 2018

Sept. 19, 2018

PACER

Case Referred to Judge

Sept. 19, 2018

Sept. 19, 2018

PACER
62

ORDER signed by JUDGE LORETTA C. BIGGS on 09/20/2018, that the Warren Dismissal Motion, (ECF No. 39 ), is GRANTED; the Stein Dismissal Motion, (ECF No. 44 ), is DENIED; the Intervention Motion, (ECF No. 21 ), is DENIED; and the Preliminary Injunction Motion, (ECF No. 34 ), is GRANTED as follows: Defendant Stein is enjoined from enforcing the Farm Act and the security requirement is waived.(Taylor, Abby) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

Clearinghouse

Case Details

State / Territory: North Carolina

Case Type(s):

Immigration and/or the Border

Labor Rights

Key Dates

Filing Date: Nov. 15, 2017

Closing Date: Dec. 28, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are farmworkers in North Carolina and a farmworkers' union, The Farm Labor Organizing Committee (FLOC).

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU National (all projects)

Southern Poverty Law Center

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of North Carolina, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1985

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief granted

Issues

Discrimination Area:

Contracting

Disparate Impact

Disparate Treatment

Discrimination Basis:

Immigration status

National origin discrimination

Race discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Immigration/Border:

Employment