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

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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 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.

This case is ongoing, pending the district court's resolution of the Fourth Circuit's remand.

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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
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

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Docket

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

Last updated June 29, 2023, 3:12 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
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	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
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	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
	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 to Exceed Page Limit	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 for Extension of Time to Answer	Dec. 7, 2017	Dec. 7, 2017 PACER
	Motions Referred	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
	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
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
	Order on Motion for Extension of Time to Answer	Jan. 9, 2018	Jan. 9, 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
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
	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
	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
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
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	April 10, 2018	April 10, 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
	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
	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
	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
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
	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
	Order on Motion for Extension of Time to File Response/Reply	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
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 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
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