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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

Case Ongoing

Clearinghouse coding in progress

Case Summary

(This summary is temporary while we research the case) North Carolina farmworkers and the Farm Labor Organizing Committee (FLOC), represented by the ACLU and Southern Poverty Law Center, filed suit against Joshua Stein, the Attorney General of North Carolina and Marion R. Warren, the Director of the North Carolina Administrative Office of the Courts, in their official capacities on November 15, 2017. Plaintiffs alleged that the North Carolina Farm Act of 2017 violated the First Amendment right of farmworkers to organize and make collective bargaining agreements. The suit also asserted that the law was discriminatory because more than 90% of the state's agricultural workers are Latinx. 

Summary Authors

Hank Minor (11/19/2022)

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
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
80

1:17-cv-01037

Order

Farm Labor Organizing Committee v.Stein

June 18, 2019

June 18, 2019

Order/Opinion
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
162

1:17-cv-01037

Order

Farm Labor Organizing Committee v. Stein

Sept. 15, 2021

Sept. 15, 2021

Order/Opinion

Docket

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

Last updated Nov. 19, 2022, 1:41 p.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
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
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

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

Case Referred to Mediation

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
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 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 Assigned

Nov. 16, 2017

Nov. 16, 2017

PACER

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

Nov. 16, 2017

Nov. 16, 2017

PACER

Case Referred to Standing Order 30

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
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 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

Motions Referred

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

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

Order on Motion to Exceed Page Limit

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

Jan. 8, 2018

Jan. 8, 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

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

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

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
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: 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

Motions Referred

April 5, 2018

April 5, 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

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

April 9, 2018

April 9, 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

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

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

Motions Referred

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

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

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

Motions Referred

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
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 to 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 Magistrate Judge

Sept. 19, 2018

Sept. 19, 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
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

Case Ongoing: Yes

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:

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Freedom of speech/association

Equal Protection

Availably Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Settlement

Order Duration: 2021 - None

Content of Injunction:

Preliminary relief granted

Issues

Discrimination-area:

Contracting

Discrimination-basis:

Race discrimination

Race:

White