Case: United Farm Workers v. The United States Department of Labor

United Farm Workers v. The United States of Labor

United Farm Workers v. The United States of Labor

United Farm Workers v. The United States of Labor

COMPLAINT against Eugene Scalia, The United States Department of Labor by United Farm Workers, UFW Foundation. Attorney Selwyn, Mark D. added. (Filing fee $ 400, receipt number 0972-9272132) (Attachments: # 1 Civil Cover Sheet)(Selwyn, Mark) (Entered: 11/30/2020)

1 Civil Cover Sheet

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CORPORATE DISCLOSURE STATEMENT by Plaintiffs UFW Foundation, United Farm Workers. (Selwyn, Mark) (Entered: 11/30/2020)

SUMMONS ISSUED as to *Eugene Scalia, The United States Department of Labor* with answer to complaint due within *60* days. Attorney *Mark D. Selwyn* *Wilmer Cutler Pickering Hale and Dorr LLP* *2600 El Caminor Real, Suite 400* *Palo Alto, CA 94306-1719*. (Lundstrom, T) (Entered: 11/30/2020)

CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 2/11/2021 at 11:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Attachments: # 1 Consent Form, # 2 VDRP) (Lundstrom, T) (Entered: 11/30/2020)

MOTION for PRELIMINARY INJUNCTION by UFW Foundation, United Farm Workers. (Attachments: # 1 Declaration of Mark D. Selwyn, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Declaration of Teresa Romero, # 11 Declaration Diana Tellefson Torres, # 12 Proposed Order)(Selwyn, Mark) (Entered: 11/30/2020)

STIPULATION and PROPOSED ORDER for Shortening Time for Defendants to Respond re 5 MOTION for PRELIMINARY INJUNCTION by UFW Foundation, United Farm Workers. (Selwyn, Mark) (Entered: 11/30/2020)

NOTICE of RELATED CASE(S) 1:20-cv-1452-DAD-JLT by UFW Foundation, United Farm Workers. (Selwyn, Mark) (Entered: 11/30/2020)

ORDER RELATING and REASSIGNING CASE signed by District Judge Dale A. Drozd on 12/1/2020. Case reassigned to District Judge Dale A. Drozd and Magistrate Judge Jennifer L. Thurston for all further proceedings. District Judge Anthony W. Ishii, Magistrate Judge Stanley A. Boone no longer assigned to case. New Case Number: 1:20-cv-01690-DAD-JLT.(Lundstrom, T) (Entered: 12/01/2020)

ORDER GIVING EFFECT TO JOINT STIPULATION TO SHORTEN TIME AND SETTING HEARING ON PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION (Doc. No. 5 ) signed by District Judge Dale A. Drozd on 12/1/2020. Preliminary Injunction Hearing set for 12/14/2020 at 02:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Thorp, J)

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by UFW Foundation, United Farm Workers for attorney Tico Almeida to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9276731) (Attachments: # 1 Certificate of Good Standing)(Selwyn, Mark) (Entered: 12/02/2020)

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by UFW Foundation, United Farm Workers for attorney Iris Figueroa (Filing fee $ 225, receipt number 0972-9276871) to appear Pro Hac Vice. (Attachments: # 1 Certificate of Good Standing)(Selwyn, Mark) (Entered: 12/02/2020)

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by UFW Foundation, United Farm Workers for attorney Bruce Goldstein to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9276912) (Attachments: # 1 Certificate of Good Standing)(Selwyn, Mark) (Entered: 12/02/2020)

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by UFW Foundation, United Farm Workers for attorney Gabriela Hybel to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9276935) (Attachments: # 1 Certificate of Good Standing)(Selwyn, Mark) (Entered: 12/02/2020)

MINUTE ORDER, signed by Magistrate Judge Jennifer L. Thurston on 12/2/2020: In light of the reassignment of this case (Doc. 8 ), the Initial Scheduling Conference is RESET for 2/11/2021 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Text Only Entry) (Hall, S) (Entered: 12/02/2020)

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by UFW Foundation, United Farm Workers for attorney Rachel Jacobson to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9276942) (Attachments: # 1 Certificate of Good Standing)(Selwyn, Mark) (Entered: 12/02/2020)

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by UFW Foundation, United Farm Workers for attorney Gregory H. Lantier to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9276968) (Attachments: # 1 Certificate of Good Standing)(Selwyn, Mark) (Entered: 12/02/2020)

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by UFW Foundation, United Farm Workers for attorney Phillip R. Takhar to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9276979) (Attachments: # 1 Certificate of Good Standing)(Selwyn, Mark) (Entered: 12/02/2020)

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by UFW Foundation, United Farm Workers for attorney Trent R. Taylor to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9276998) (Attachments: # 1 Certificate of Good Standing)(Selwyn, Mark) (Entered: 12/02/2020)

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by UFW Foundation, United Farm Workers for attorney Nicholas R. Werle to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9277025) (Attachments: # 1 Certificate of Good Standing)(Selwyn, Mark) (Entered: 12/02/2020)

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by UFW Foundation, United Farm Workers for attorney Derek Woodman to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9277034) (Attachments: # 1 Certificate of Good Standing)(Selwyn, Mark) (Entered: 12/02/2020)

PRO HAC VICE ORDER signed by Magistrate Judge Jennifer L. Thurston on 12/2/2020. Added attorney Tico A. Almeida, PHV for UFW Foundation, United Farm Workers. Application for Pro Hac Vice 10 is GRANTED. (Jessen, A) (Entered: 12/03/2020)

PRO HAC VICE ORDER signed by Magistrate Judge Jennifer L. Thurston on 12/2/2020. Added attorney Iris Figueroa, PHV for UFW Foundation, United Farm Workers. Application for Pro Hac Vice 11 is GRANTED. (Jessen, A) (Entered: 12/03/2020)

PRO HAC VICE ORDER signed by Magistrate Judge Jennifer L. Thurston on 12/2/2020. Added attorney Bruce Goldstein, PHV for UFW Foundation, United Farm Workers. Application for Pro Hac Vice 12 is GRANTED. (Jessen, A) (Entered: 12/03/2020)

PRO HAC VICE ORDER signed by Magistrate Judge Jennifer L. Thurston on 12/2/2020. Added attorney Rachel Jacobson, PHV for UFW Foundation, United Farm Workers. Application for Pro Hac Vice 15 is GRANTED. (Jessen, A) (Entered: 12/03/2020)

PRO HAC VICE ORDER signed by Magistrate Judge Jennifer L. Thurston on 12/2/2020. Added attorney Phillip R. Takhar, PHV for UFW Foundation, United Farm Workers. Application for Pro Hac Vice 17 is GRANTED. (Jessen, A) (Entered: 12/03/2020)

PRO HAC VICE ORDER signed by Magistrate Judge Jennifer L. Thurston on 12/2/2020. Added attorney Nicholas R. Werle, PHV for UFW Foundation, United Farm Workers. Application for Pro Hac Vice 19 is GRANTED. (Jessen, A) (Entered: 12/03/2020)

PRO HAC VICE ORDER signed by Magistrate Judge Jennifer L. Thurston on 12/2/2020. Added attorney Derek Woodman, PHV for UFW Foundation, United Farm Workers. Application for Pro Hac Vice 20 is GRANTED. (Jessen, A) (Entered: 12/03/2020)

PRO HAC VICE ORDER signed by Magistrate Judge Jennifer L. Thurston on 12/2/2020. Added attorney Gregory H. Lantier, PHV for UFW Foundation, United Farm Workers. Application for Pro Hac Vice 16 is GRANTED. (Jessen, A) (Entered: 12/03/2020)

PRO HAC VICE ORDER signed by Magistrate Judge Jennifer L. Thurston on 12/2/2020. Added attorney Trent R. Taylor, PHV for UFW Foundation, United Farm Workers. Application for Pro Hac Vice 18 is GRANTED. (Jessen, A) (Entered: 12/03/2020)

PRO HAC VICE ORDER signed by Magistrate Judge Jennifer L. Thurston on 12/3/2020. Added attorney Gabriela Hybel, PHV for UFW Foundation, United Farm Workers. Application for Pro Hac Vice 13 is GRANTED. (Jessen, A) (Entered: 12/03/2020)

OPPOSITION by Eugene Scalia, The United States Department of Labor to 5 Motion for Preliminary Injunction,. Attorney Gaffney, Michael James added. (Attachments: # 1 Pasternak Declaration, # 2 UFW Comment Letter, # 3 AEWR Trends, # 4 Justice at Work Comment Letter, # 5 Combs Declaration)(Gaffney, Michael) (Entered: 12/07/2020)

MOTION Leave to Appear as Amicus Curiae in Support of Plaintiffs' Motion for Preliminary Injunction by State of California. Attorney Mass, Julia Harumi added. (Attachments: # 1 Exhibit A - [Proposed] Amicus Brief, # 2 Proposed Order)(Mass, Julia) (Entered: 12/09/2020)

ORDER GRANTING 32 Motion for Leave to File Amicus Curiae Brief, signed by District Judge Dale A. Drozd on 12/10/2020. (Marrujo, C)

REPLY by UFW Foundation, United Farm Workers to RESPONSE to 5 Motion for Preliminary Injunction,. (Attachments: # 1 Declaration of Mark D. Selwyn in Support of Reply, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6)(Selwyn, Mark) (Entered: 12/11/2020)

DECLARATION of Proof of Service. (Attachments: # 1 Exhibit 1 Certified/Registered Mail Receipts, # 2 Exhibit 2 - USPS Tracking/Confirmations)(Selwyn, Mark) (Entered: 12/14/2020)

MINUTES (Text Only) for proceedings held via video conference before District Judge Dale A. Drozd: Motion Hearing held on 12/14/2020. 5 Motion for Preliminary Injunction argued, submitted and taken under submission. Written order to follow. Plaintiffs' Counsel Mark Selwyn, Bruce Goldstein, Rachael Jacobson, Derek Woodman, Nicholas Werle, Gabriela Hybel and Trent Taylor (Zoom) present. Defendant's Counsel Michael Gaffney (Zoom) present. Court Reporter/CD Number: Karen Hooven. (Thorp, J) (Entered: 12/14/2020)

ORDER GRANTING PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION signed by District Judge Dale A. Drozd on December 23, 2020. (Doc. No. 5) (Munoz, I)

JOINT STATUS REPORT by UFW Foundation, United Farm Workers. (Selwyn, Mark) (Entered: 01/06/2021)

SUPPLEMENTAL ORDER regarding Preliminary Injunctive Relief 37 , 38 signed by District Judge Dale A. Drozd on 1/12/2021. (Lundstrom, T)

STIPULATION and PROPOSED ORDER for Extension of Time for Defendants to Respond to Complaint and Continuance of Scheduling Conference by UFW Foundation, United Farm Workers. (Selwyn, Mark) (Entered: 01/26/2021)

ORDER GRANTING 40 Stipulation to Extend the Deadline to Respond to the Complaint and to Continue the Scheduling Conference, signed by Magistrate Judge Jennifer L. Thurston on 2/1/2021. Scheduling Conference CONTINUED to 3/17/2021 at 08:30 AM in Bakersfield before Magistrate Judge Jennifer L. Thurston. (Hall, S)

STIPULATION and PROPOSED ORDER for Extending Deadlines by Eugene Scalia, The United States Department of Labor. (Gaffney, Michael) (Entered: 03/04/2021)

ORDER GRANTING 42 Stipulation to Extend Deadlines, signed by Magistrate Judge Jennifer L. Thurston on 3/4/2021. Scheduling Conference CONTINUED to 5/17/2021 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S)

MOTION to Enforce Compliance with the Court's Preliminary Injunction by UFW Foundation, United Farm Workers. (Attachments: # 1 Proposed Order)(Selwyn, Mark) (Entered: 03/11/2021)

STIPULATION and PROPOSED ORDER for Shortened Time for Defendants to Respond to Plaintiff's Motion to Enforce Compliance with Preliminary Injunction by UFW Foundation, United Farm Workers. (Selwyn, Mark) (Entered: 03/11/2021)

MINUTE ORDER signed by District Judge Dale A. Drozd on 3/12/2021: (Text Only Entry) On March 11, 2021, plaintiffs filed a 44 motion to enforce compliance with the court's previously issued 37 order granting a preliminary injunction and a 45 stipulation for as to set the briefing schedule. Accordingly, defendants shall file a response to plaintiffs' 44 motion by March 23, 2021. Any reply to the response must be filed by March 26, 2021. (Thorp, J) (Entered: 03/12/2021)

OPPOSITION by Eugene Scalia, The United States Department of Labor to 44 Motion for Miscellaneous Relief. (Gaffney, Michael) (Entered: 03/23/2021)

REPLY by UFW Foundation, United Farm Workers to RESPONSE to 44 Motion for Miscellaneous Relief. (Selwyn, Mark) (Entered: 03/26/2021)

MINUTE ORDER signed by District Judge Dale A. Drozd on 3/30/2021: (Text Only Entry) 44 Motion to Enforce Compliance with the Court's Preliminary Injunction is set for 4/6/2021 at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Parties must appear via Zoom. Parties will receive Zoom ID number and password for the hearing by email. (Thorp, J) (Entered: 03/30/2021)

MINUTE ORDER signed by District Judge Dale A. Drozd on 4/1/2021: (TIME CHANGE ONLY) To accommodate the court's calendar, the 44 Motion to Enforce Compliance with the Court's Preliminary Injunction set for 4/6/2021 WILL BE HEARD at 1:00 PM . Zoom information already provided to counsel will remain the same. (Thorp, J) (Entered: 04/01/2021)

MINUTES (Text Only) for proceedings held via video conference before District Judge Dale A. Drozd: MOTION HEARING held on 4/6/2021. 44 Motion to Enforce Compliance argued, submitted and taken under submission. Written order to follow. Plaintiff's Bruce Goldstein, Rachel Jacobson, Mark Selwyn, Nicholas Werle and Trent Taylor (Zoom) present. Defendant's Counsel Michael Gaffney (Zoom) present. Court Reporter/CD Number: Karen Hooven. (Thorp, J) (Entered: 04/06/2021)

STIPULATION and PROPOSED ORDER for Extending Deadlines by Eugene Scalia, The United States Department of Labor. (Gaffney, Michael) (Entered: 04/30/2021)

STIPULATION and ORDER 52 to Extend Deadlines, signed by Magistrate Judge Jennifer L. Thurston on 4/30/2021. Scheduling Conference CONTINUED to 7/16/2021 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S)

MINUTE ORDER signed by District Judge Dale A. Drozd on 5/3/2021: (Text Only Entry) Before issuing an order, the Court has a few additional questions for counsel. Further Hearing on 44 Motion to Enforce Compliance with the Court's Preliminary Injunction is set for 5/11/2021 at 01:45 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. The parties the parties MUST appear telephonically and may do so by dialing 877-402-9757 (access code 6966236) at the time of the hearing. Because the court may be hearing other matters using the same conference line, please wait to state your appearance until your case has been called and appearances are requested. Keep all background noise to a minimum. Use of any feature(s) that may have an impact upon the quality of voice transmission (such as speakerphones, headsets, etc.) are prohibited; use of a land line or hand-held cell phone is required. (Thorp, J) (Entered: 05/03/2021)

TRANSCRIPT REQUEST by United Farm Workers for proceedings held on 04/06/2021 before Judge Dale A. Drozd. Court Reporter Karen Hooven. (Selwyn, Mark) (Entered: 05/05/2021)

TRANSCRIPT of Proceedings held on 4-6-21, Motion to Enforce Compliance with Preliminary Injunction before District Judge Dale A. Drozd, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 5/28/2021. Redacted Transcript Deadline set for 6/7/2021. Release of Transcript Restriction set for 8/5/2021. (Hooven, K) (Entered: 05/07/2021)

MINUTES (Text Only) for proceedings held telephonic before District Judge Dale A. Drozd: MOTION HEARING held on 5/11/2021: Further Hearing on 44 Motion to Enforce Compliance argued, submitted and taken under submission. Written order to follow. Plaintiff's Bruce Goldstein, Rachel Jacobson, Mark Selwyn, Derek Woodman, Nicholas Werle, Gabriela Hybel and Trent Taylor (Zoom) present. Defendant's Counsel Michael Gaffney (Zoom) present. Court Reporter/CD Number: Karen Hooven. (Thorp, J) Modified on 5/11/2021 - These are minutes not Minute order. (Thorp, J). (Entered: 05/11/2021)

ORDER GRANTING Plaintiff's 44 Motion Seeking an Extension of the Court's Previously Granted Preliminary Injunctive Relief in the Form of Equitable Restitution signed by District Judge Dale A. Drozd on 05/13/2021. (Flores, E)

TRANSCRIPT REQUEST by United Farm Workers for proceedings held on 05/11/2021 before Judge Dale A. Drozd. Court Reporter Karen Hooven. (Selwyn, Mark) (Entered: 05/17/2021)

STIPULATION and PROPOSED ORDER for Extending Deadline to Comply with Court's Order (ECF 58) re 58 Order on Motion for Miscellaneous Relief by Eugene Scalia, The United States Department of Labor. (Gaffney, Michael) (Entered: 05/18/2021)

MINUTE ORDER signed by District Judge Dale A. Drozd on 5/18/2021: (Text Only Entry) On May 14, 2021, the court issued an 58 order granting plaintiffs' 44 motion seeking an extension of the previously granted preliminary injunctive relief in the form of equitable restitution. Therein, the court directed defendants to issue a notice to state workforce agencies, employers, and the public by May 21, 2021. On May 18, 2021, the parties filed a 60 stipulation to extend defendants' deadline from May 21, 2021 to June 4, 2021. Pursuant to the stipulation, and good cause appearing, defendants shall have until June 4, 2021 to notify state workforce agencies, employers, and the public as set forth in the court's 58 order. (Thorp, J) (Entered: 05/18/2021)

TRANSCRIPT of Proceedings held on 5-11-21, Proceedings re Motion to Enforce the Preliminary Injunction Order before District Judge Dale A. Drozd, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 6/10/2021. Redacted Transcript Deadline set for 6/21/2021. Release of Transcript Restriction set for 8/19/2021. (Hooven, K) (Entered: 05/19/2021)

STIPULATION and PROPOSED ORDER for to Stay Deadline to Comply with the Court's Order re 58 Order on Motion for Miscellaneous Relief by UFW Foundation, United Farm Workers. (Selwyn, Mark) (Entered: 06/03/2021)

JOINT STATUS REPORT by Eugene Scalia, The United States Department of Labor. (Attachments: # 1 Pasternak Declaration)(Gaffney, Michael) (Entered: 06/03/2021)

MINUTE ORDER signed by District Judge Dale A. Drozd on 6/4/2021: (Text Only Entry) On May 14, 2021, the court issued an 58 order granting plaintiffs' 44 motion seeking an extension of the previously granted preliminary injunctive relief in the form of equitable restitution. Therein, the court directed defendants to issue a notice to state workforce agencies, employers, and the public by May 21, 2021. On May 18, 2021, the court 61 extended defendants' compliance deadline from May 21, 2021 to June 4, 2021 pursuant to the 60 stipulation the parties filed that day. On June 3, 2021, the parties filed a 63 second stipulation regarding defendants' compliance deadline and a 64 joint status report with requests for modifications of the court's 58 May 14, 2021 order. In the 63 second stipulation, the parties stipulate to staying defendants' compliance deadline until the court rules on the parties' 64 requests for modifications. Pursuant to the 63 second stipulation, and good cause appearing, defendants' deadline to comply with the court's 58 May 14, 2021 order is stayed until the court issues an order ruling on the parties' 64 requests for modifications.(Thorp, J) (Entered: 06/04/2021)

MINUTE ORDER signed by District Judge Dale A. Drozd on 6/8/2021: (Text Only Entry) The court has reviewed the parties' joint status report filed on June 3, 2021, in which modifications to the court's May 14, 2021 have been requested. (Doc. No. 64 .) The court is prepared to issue a final order addressing the parties' requests for modification. However, the court requires clarification as to one of the statements made in the status report. Therein, plaintiffs state: "Even if the Order were to apply more broadly to all employers that submitted applications during the December 21, 2020, to February 23, 2021 period, recent data published by DOL suggests that only 6,464 farmworkers would potentially receive the benefit of the Court's order because they worked for an employer that submitted an H-2A application between December 21, 2020, and February 23, 2021, and sought workers for the January 15 to February 23, 2021 period." (Id. at 5.) The court does not understand this characterization of its May 14, 2021 order as "more broadly" since that order stated that: "H-2A employers who submitted job orders and applications for H-2A labor certification between December 21, 2020 and February 23, 2021 are required to make wage adjustment payments to qualifying H-2A workers and U.S. farmworkers in corresponding employment who worked during the period from January 15, 2021 to February 23, 2021 and received an hourly wage below the geographically applicable 2021 AEWR[.]" (Doc. No. 58 at 13.) Accordingly, the parties are directed to address this issue by filing supplemental briefing of not more than three (3) pages in length by 9:00 a.m. PT on June 10, 2021. The court will issue its final order upon reviewing those submissions. (Thorp, J) (Entered: 06/08/2021)

SUPPLEMENTAL BRIEF in Response to Minute Order (ECF No. 66 ) filed by UFW Foundation, United Farm Workers. (Selwyn, Mark) (Entered: 06/10/2021)

SUPPLEMENTAL BRIEF in Response to Minute Order (ECF No. 66 ) filed by Eugene Scalia, The United States Department of Labor. (Gaffney, Michael) (Entered: 06/10/2021)

MOTION to STAY by National Council of Agricultural Employers. Attorney Cain, Patrick J. added. (Cain, Patrick) (Entered: 06/10/2021)

MOTION to INTERVENE by National Council of Agricultural Employers. (Cain, Patrick) (Entered: 06/10/2021)

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by National Council of Agricultural Employers for attorney Christopher J. Schulte to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9647816) (Cain, Patrick) (Entered: 06/11/2021)

PROPOSED ORDER re GRANTING INTERVENORS MOTION TO INTERVENE AS OF RIGHT by National Council of Agricultural Employers. (Cain, Patrick) (Entered: 06/11/2021)

PROPOSED ORDER re GRANTING INTERVENORS MOTION TO STAY PROCEEDINGS by National Council of Agricultural Employers. (Cain, Patrick) (Entered: 06/11/2021)

ORDER AMENDING THE COURT'S MAY 14, 2021 ORDER GRANTING PLAINTIFFS' MOTION SEEKING AN EXTENSION OF THE COURT'S PREVIOUSLY GRANTED PRELIMINARY INJUNCTIVE RELIEF IN THE FORM OF EQUITABLE RESTITUTION AND TEMPORARY STAY OF THIS ORDER(Doc. Nos. 44 , 58 , 64 ) signed by District Judge Dale A. Drozd on 6/11/2021. Status Conference set for 6/15/2021 at 02:00 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Thorp, J)

PRO HAC VICE ORDER signed by Magistrate Judge Jennifer L. Thurston on 6/13/2021. Added attorney Christopher J. Schulte, PHV for National Council of Agricultural Employers. Application 71 is Granted. (Jessen, A) (Entered: 06/14/2021)

MINUTES (Text Only) for proceedings held via video conference before District Judge Dale A. Drozd: STATUS CONFERENCE held on 6/15/2021. After brief discussion on the record, the court sets this for a motion hearing. 69 Motion to Stay and 70 Motion to Intervene set for 6/22/2021 at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Oppositions due no later than 6/21/2021. Plaintiff's Bruce Goldstein, Rachel Jacobson, Mark Selwyn, Derek Woodman, Gabriela Hybel and Trent Taylor (Zoom) present. Defendant's Counsel Michael Gaffney (Zoom) present. Intervenors Counsel Christopher Schulte and Robert Roy (Zoom) present. Court Reporter/CD Number: Karen Hooven. (Thorp, J) (Entered: 06/15/2021)

OPPOSITION by UFW Foundation, United Farm Workers to 70 Motion to Intervene. (Selwyn, Mark) (Entered: 06/18/2021)

OPPOSITION by UFW Foundation, United Farm Workers to 69 Motion to Stay. (Selwyn, Mark) (Entered: 06/18/2021)

OPPOSITION by Eugene Scalia, The United States Department of Labor to 70 Motion to Intervene. (Gaffney, Michael) (Entered: 06/21/2021)

MINUTES (Text Only) for proceedings held via video conference before District Judge Dale A. Drozd: MOTION HEARING held on 6/22/2021. 69 Motion to Stay and 70 Motion to Intervene argued, submitted and both denied for reasons as stated on the record. Written order to follow. Plaintiff's Rachel Jacobson, Mark Selwyn, Derek Woodman, and Trent Taylor (Zoom) present. Defendant's Counsel Michael Gaffney (Zoom) present. Intervenors Counsel Christopher Schulte and Robert Roy (Zoom) present. Court Reporter/CD Number: Karen Hooven. (Thorp, J) (Entered: 06/22/2021)

ORDER DENYING PROPOSED INTERVENORS' MOTIONS TO INTERVENE AND TO STAY ALL PROCEEDINGS (Doc. Nos. 69 , 70 ) signed by District Judge Dale A. Drozd on 6/22/2021. (Thorp, J)

NOTICE of Withdrawal of Counsel by UFW Foundation, United Farm Workers. (Selwyn, Mark) (Entered: 07/02/2021)

STIPULATION and PROPOSED ORDER for Extending Deadlines by Eugene Scalia, The United States Department of Labor. (Gaffney, Michael) (Entered: 07/06/2021)

STIPULATION and ORDER 83 to Extend Deadlines, signed by Magistrate Judge Jennifer L. Thurston on 7/6/2021. Scheduling Conference CONTINUED to 9/14/2021 at 09:00 AM before Magistrate Judge Jennifer L. Thurston. (Hall, S)

STIPULATION and PROPOSED ORDER for Extending Deadlines by Eugene Scalia, The United States Department of Labor. (Gaffney, Michael) (Entered: 09/03/2021)

ORDER GRANTING 85 Stipulation to Extend Deadlines, signed by Magistrate Judge Jennifer L. Thurston on 9/7/2021. Scheduling Conference CONTINUED to 11/15/2021 at 09:00 AM before Magistrate Judge Jennifer L. Thurston. (Hall, S)

STIPULATION and PROPOSED ORDER for Extending Deadlines by Eugene Scalia, The United States Department of Labor. (Gaffney, Michael) (Entered: 11/05/2021)

ORDER GRANTING 87 Stipulation to Extend the Deadline to Respond to the Complaint and CONTINUING the Scheduling Conference, signed by Magistrate Judge Jennifer L. Thurston on 11/5/2021. Scheduling Conference CONTINUED to 1/14/2022 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S)

STIPULATION and PROPOSED ORDER for Extending Deadlines by Eugene Scalia, The United States Department of Labor. (Gaffney, Michael) (Entered: 01/05/2022)

MOTION FOR SUMMARY JUDGMENT by UFW Foundation, United Farm Workers. Motion Hearing set for 2/15/2022 at 09:30 AM before District Judge Dale A. Drozd. (Attachments: # 1 Joint Stipulation of Facts for Plaintiffs' Motion for Summary Judgment, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Selwyn, Mark) (Entered: 01/05/2022)

MINUTE ORDER signed by District Judge Dale A. Drozd on 1/6/2022: (Text Only Entry) The parties are advised that pursuant to General Order No. 617, addressing the public health emergency posed by the coronavirus (COVID-19) outbreak, all civil motions set for hearing before District Judge Dale A. Drozd will be decided on the papers. The parties should not contact Judge Drozd's chambers to inquire about whether a hearing on a pending motion will be held. If the court determines that a hearing is necessary, the court will issue an order to specially set the motion for hearing by telephone or video conference. In accordance with Judge Drozd's Standing Order in Light of Judicial Emergency in the Eastern District of California, the hearing date selected by the movant will continue to govern the deadlines for opposition and reply briefs pursuant to Local Rule 230(c).(Hernandez, M) (Entered: 01/06/2022)

NOTICE OF TEMPORARY MAGISTRATE JUDGE REFERRAL: Due to the elevation of Judge Jennifer L. Thurston to the position of U.S. District Judge, this action is temporarily referred to *Magistrate Judge Erica P. Grosjean* until such time as a new Bakersfield magistrate judge is appointed. Documents filed in this case shall include the temporary magistrate judge initials *(EPG)* (Jessen, A) (Entered: 01/06/2022)

Minute Order

STIPULATION and ORDER signed by Magistrate Judge Erica P. Grosjean on January 7, 2022. IT IS HEREBY ORDERED that the deadline to respond to Plaintiffs' Complaint shall be extended from January 7, 2022, to March 8, 2022, and that the Scheduling Conference currently scheduled for January 14, 2022, shall be continued to March 15, 2022, at 10:00 a.m. before Magistrate Judge Erica P. Grosjean. The Scheduling Conference will be held telephonically, with all parties directed to the use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453. All associated deadlines, including for submission of the Joint Scheduling Report, are correspondingly extended.(Rooney, M)

NOTICE of Withdrawal of Counsel by UFW Foundation, United Farm Workers. (Selwyn, Mark) (Entered: 01/20/2022)

OPPOSITION by Eugene Scalia, The United States Department of Labor to 90 Motion for Summary Judgment,. (Gaffney, Michael) (Entered: 01/31/2022)

REPLY by UFW Foundation, United Farm Workers re 90 Motion for Summary Judgment,. (Selwyn, Mark) (Entered: 02/08/2022)

MINUTE ORDER, signed by Magistrate Judge Erica P. Grosjean on 2/22/2022: In light of the pending Motion for Summary Judgment, the Court VACATES the Scheduling Conference set for 3/15/2022 before Magistrate Judge Erica P. Grosjean. Within ten days after the issuance of the ruling on the Motion for Summary Judgment, should the matter go forward, the parties are directed to contact Courtroom Deputy Susan Hall (shall@caed.uscourts.gov) to secure a new scheduling conference date. (Text Only Entry)(Hall, S) (Entered: 02/22/2022)

~Util - 1 Terminate Deadlines and Hearings AND Minute Order

NOTICE of Withdrawal of Counsel for Gabriela Hybel and Iris Figueroa by UFW Foundation, United Farm Workers. (Selwyn, Mark) (Entered: 02/28/2022)