Case: North Carolina Farm Bureau Federation, Inc. v. United States Department of Labor

North Carolina Farm Bureau Federation Inc. v. United States Department of Labor

COMPLAINT against Jessica Looman, Jose Javier Rodriguez, United States Department of Labor ( Filing fee $ 405 receipt number ANCEDC-7772133.), filed by North Carolina Farm Bureau Federation, Inc., Triple B Farms, Inc., Hight Family Farms, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons) (Strach, Phillip) (Entered: 09/13/2024)

1 Civil Cover Sheet

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2 Proposed Summons

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3 Proposed Summons

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4 Proposed Summons

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Notice of Appearance filed by Phillip J. Strach on behalf of Hight Family Farms, LLC, North Carolina Farm Bureau Federation, Inc., Triple B Farms, Inc.. (Strach, Phillip) (Entered: 09/13/2024)

Notice of Appearance filed by Alyssa Riggins on behalf of Hight Family Farms, LLC, North Carolina Farm Bureau Federation, Inc., Triple B Farms, Inc.. (Riggins, Alyssa) (Entered: 09/13/2024)

Financial Disclosure Statement by North Carolina Farm Bureau Federation, Inc. (Strach, Phillip) (Entered: 09/13/2024)

Financial Disclosure Statement by Hight Family Farms, LLC (Strach, Phillip) (Entered: 09/13/2024)

Financial Disclosure Statement by Triple B Farms, Inc. (Strach, Phillip) (Entered: 09/13/2024)

Notice of Appearance filed by Phillip Jacob Parker, Jr on behalf of Hight Family Farms, LLC, North Carolina Farm Bureau Federation, Inc., Triple B Farms, Inc.. (Parker, Phillip) (Entered: 09/13/2024)

Summons Issued as to Jessica Looman, Jose Javier Rodriguez, United States Department of Labor, U.S. Attorney. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.) (Entered: 09/20/2024)

Notice filed by Hight Family Farms, LLC, North Carolina Farm Bureau Federation, Inc., Triple B Farms, Inc. Additional Proposed Summons. (Strach, Phillip) (Entered: 09/20/2024)

Remark

Remark - Counsel is reminded that when the defendant is a government agency or employee, a summons is also required for the U.S. Attorney General. Counsel should file a proposed summons for the U.S. Attorney General using the event "Notice-Other". (Rudd, D.)

Summons Issued as to U.S. Attorney General. *NOTICE: Counsel shall print the attached summonses and serve with other case opening documents in accordance with Fed.R.Civ.P.4.* (Collins, S) (Entered: 10/01/2024)

MOTION for Summary Judgment filed by Hight Family Farms, LLC, North Carolina Farm Bureau Federation, Inc., Triple B Farms, Inc.. (Strach, Phillip) (Entered: 10/14/2024)

Statement of Material Facts regarding 11 MOTION for Summary Judgment filed by Hight Family Farms, LLC, North Carolina Farm Bureau Federation, Inc., Triple B Farms, Inc.. (Attachments: # 1 Appendix Appendix to LR 56.1 Statement of Undisputed Material Facts, # 2 Exhibit 1 - Declaration of Michael P. Sherman) (Strach, Phillip) (Entered: 10/14/2024)

Memorandum in Support regarding 11 MOTION for Summary Judgment filed by Hight Family Farms, LLC, North Carolina Farm Bureau Federation, Inc., Triple B Farms, Inc.. (Strach, Phillip) (Entered: 10/14/2024)

Notice of Appearance filed by Michael Patrick Clendenen on behalf of United States Department of Labor, Jose Javier Rodriguez, Jessica Looman. (Clendenen, Michael) (Entered: 10/24/2024)

Notice of Appearance filed by Michael James Gaffney on behalf of All Defendants. (Gaffney, Michael) (Entered: 10/24/2024)

**REFILED AT 20 ** MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Summary Judgment filed by United States Department of Labor, Jose Javier Rodriguez, Jessica Looman. (Attachments: # 1 Text of Proposed Order) (Clendenen, Michael) Modified on 10/28/2024 (Collins, S). (Entered: 10/25/2024)

Memorandum in Support regarding 16 MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Summary Judgment filed by United States Department of Labor, Jose Javier Rodriguez, Jessica Looman. (Clendenen, Michael) (Entered: 10/25/2024)

**CORRECTED AND REFILED AT 19 ** MOTION to Expedite Consideration of Defendants' Motion for an Extension of Time to File Response to Plaintiffs' Motion for Summary Judgment filed by United States Department of Labor, Jose Javier Rodriguez, Jessica Looman. (Clendenen, Michael) Modified on 10/25/2024 (Collins, S). (Entered: 10/25/2024)

**REFILED AT 22 ** MOTION to Expedite Consideration of Defendants' Motion for an Extension of Time to File Response to Plaintiffs' Motion for Summary Judgment filed by United States Department of Labor, Jose Javier Rodriguez, Jessica Looman. (Attachments: # 1 Text of Proposed Order) (Clendenen, Michael) Modified on 10/28/2024 (Collins, S). (Entered: 10/25/2024)

MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Summary Judgment (Opposed) filed by United States Department of Labor, Jose Javier Rodriguez, Jessica Looman. (Attachments: # 1 Text of Proposed Order) (Clendenen, Michael) (Entered: 10/25/2024)

Memorandum in Support regarding 20 MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Summary Judgment (Opposed) filed by United States Department of Labor, Jose Javier Rodriguez, Jessica Looman. (Clendenen, Michael) (Entered: 10/25/2024)

MOTION to Expedite Consideration of Defendants' Opposed Motion for an Extension of Time to File Response to Plaintiffs' Motion for Summary Judgment, ECF No. 20 filed by United States Department of Labor, Jose Javier Rodriguez, Jessica Looman. (Attachments: # 1 Text of Proposed Order) (Clendenen, Michael) (Entered: 10/25/2024)

Appendix to the Statement of Facts regarding 11 MOTION for Summary Judgment filed by North Carolina Farm Bureau Federation, Inc., Hight Family Farms, LLC, Triple B Farms, Inc.. (Attachments: # 1 Exhibit 1 - Declaration of Michael P. Sherman) (Strach, Phillip) (Entered: 10/25/2024)

Notice of Deficiency

NOTICE OF DEFICIENCY regarding 16 Motion for Extension of Time to File Response/Reply. Pursuant to Local Civil Rule 6.1, a motion for extension of time must reflect the view of each opposing party, excluding incarcerated unrepresented parties, or the efforts to consult with any opposing parties to obtain their view. Counsel is directed to refile. (Collins, S)

NOTICE OF DEFICIENCY regarding 12 Statement of Material Facts. The appendix and statement must be docketed separately using the event "Appendix to the Statement of Material Facts" located under the Responses and Replies category. (Collins, S)

RESPONSE in Opposition regarding 20 MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Summary Judgment (Opposed) filed by North Carolina Farm Bureau Federation, Inc., Hight Family Farms, LLC, Triple B Farms, Inc.. (Attachments: # 1 Exhibit 1 - Correspondence with Counsel) (Strach, Phillip) (Entered: 10/28/2024)

Motion Submitted

Motion Submitted to District Judge Louise Wood Flanagan regarding 22 MOTION to Expedite Consideration of Defendants' Opposed Motion for an Extension of Time to File Response to Plaintiffs' Motion for Summary Judgment, ECF No. 20. (Collins, S)

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

TEXT ORDER granting in part and denying in part defendants' motion for extension of time DE 20, and granting defendants' motion to expedite DE 22 . Upon expedited consideration of defendants' motion for extension of time, it is ORDERED that defendants have up to and including November 22, 2024, within which to respond to plaintiffs' motion for summary judgment DE 11 . Where plaintiffs oppose the motion for extension of time and the embedded motion to stay the deadline to respond to the complaint, that portion of defendants' motion for extension of time which seeks a stay of the deadline to respond to the complaint DE 1 is DENIED. Defendants are DIRECTED to file a response to the complaint on or before November 22, 2024. Plaintiffs are DIRECTED to file a reply in support of their motion on or before November 29, 2024. Signed by District Judge Louise Wood Flanagan on 10/29/2024. (Collins, S)

MOTION to Intervene filed by Juan Hernandez Vega, Odin Millard, Dexter Starks, Willie Shelly, Farmworker Justice, UFW Foundation. (Attachments: # 1 Appendix Corporate Disclosure, # 2 Appendix Corporate Disclosure, # 3 Appendix Proposed Answer, # 4 Text of Proposed Order) (Ripley, Clermont) (Entered: 11/08/2024)

Memorandum in Support regarding 25 MOTION to Intervene filed by Juan Hernandez Vega, Odin Millard, Dexter Starks, Willie Shelly, Farmworker Justice, UFW Foundation. (Attachments: # 1 Exhibit No. 1, Vega Declaration, # 2 Exhibit No. 2, Millard Declaration, # 3 Exhibit No. 3 Starks Declaration, # 4 Exhibit No. 4, Shelly Declaration, # 5 Exhibit No. 5, Johnson Declaration, # 6 Exhibit No. 6, UFW Declaration) (Ripley, Clermont) (Entered: 11/08/2024)

Notice of Appearance filed by Clermont Fraser Ripley on behalf of Juan Hernandez Vega, Odin Millard, Dexter Starks, Willie Shelly, Farmworker Justice, UFW Foundation. (Ripley, Clermont) (Entered: 11/08/2024)

Notice of Special Appearance for non-district by Clermont Fraser Ripley on behalf of Juan Hernandez Vega, Odin Millard, Dexter Starks, Willie Shelly, Farmworker Justice, UFW Foundation. (Ripley, Clermont) (Entered: 11/08/2024)

Notice of Deficiency

NOTICE OF DEFICIENCY regarding 25 Motion to Intervene - Exhibits 1 and 2. The financial disclosure statement is a stand alone event. Counsel shall refile using the event Financial Disclosure Statement under the Other Documents category. (Collins, S)

Financial Disclosure Statement by UFW Foundation (Ripley, Clermont) (Entered: 11/12/2024)

Financial Disclosure Statement by Farmworker Justice (Ripley, Clermont) (Entered: 11/12/2024)

Notice of Appearance filed by Carol L. Brooke on behalf of Juan Hernandez Vega, Odin Millard, Dexter Starks, Willie Shelly, Farmworker Justice, UFW Foundation. (Brooke, Carol) (Entered: 11/19/2024)

Notice of Special Appearance for non-district by Clermont Fraser Ripley on behalf of Odin Millard, Dexter Starks, Willie Shelly, Farmworker Justice, UFW Foundation. (Ripley, Clermont) (Entered: 11/21/2024)

Amicus Brief regarding 11 MOTION for Summary Judgment filed by Juan Hernandez Vega, Odin Millard, Dexter Starks, Willie Shelly, Farmworker Justice, UFW Foundation. (Ripley, Clermont) Modified on 5/5/2025 to revise docket text. (Collins, S). (Entered: 11/22/2024)

Statement of Material Facts regarding 11 MOTION for Summary Judgment Proposed Response filed by Juan Hernandez Vega, Odin Millard, Dexter Starks, Willie Shelly, Farmworker Justice, UFW Foundation. (Ripley, Clermont) (Entered: 11/22/2024)

Cross MOTION for Summary Judgment filed by United States Department of Labor, Jose Javier Rodriguez, Jessica Looman. (Clendenen, Michael) (Entered: 11/22/2024)

Memorandum in Opposition regarding 11 MOTION for Summary Judgment and in Support of 35 Cross-Motion for Summary Judgment filed by United States Department of Labor, Jose Javier Rodriguez, Jessica Looman. (Clendenen, Michael) (Entered: 11/22/2024)

RESPONSE regarding 12 Statement of Material Facts, filed by United States Department of Labor, Jose Javier Rodriguez, Jessica Looman. (Clendenen, Michael) (Entered: 11/22/2024)

STIPULATION Regarding Administrative Record by United States Department of Labor, Jose Javier Rodriguez, Jessica Looman (Clendenen, Michael) (Entered: 11/22/2024)

RESPONSE in Opposition regarding 25 MOTION to Intervene filed by United States Department of Labor, Jose Javier Rodriguez, Jessica Looman. (Clendenen, Michael) (Entered: 11/22/2024)

Notice of Appearance filed by Trisha Pande on behalf of American Federation of Labor and Congress of Industrial Organizations. (Pande, Trisha) (Entered: 11/22/2024)

Consent MOTION for Leave to File Amicus Brief in Support of Defendants filed by American Federation of Labor and Congress of Industrial Organizations. (Attachments: # 1 Proposed Amicus Brief, # 2 Text of Proposed Order) (Pande, Trisha) (Entered: 11/22/2024)

ANSWER to 1 Complaint, by United States Department of Labor, Jose Javier Rodriguez, Jessica Looman. (Clendenen, Michael) (Entered: 11/22/2024)

REPLY to Response to Motion regarding 11 MOTION for Summary Judgment filed by North Carolina Farm Bureau Federation, Inc., Hight Family Farms, LLC, Triple B Farms, Inc.. (Attachments: # 1 Exhibit Ex. 1- Barton v. DOL (not yet published), # 2 Exhibit Ex. 2- IFPA v. DOL (not yet published)) (Strach, Phillip) (Entered: 11/27/2024)

1 Exhibit Ex. 1- Barton v. DOL (not yet published)

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2 Exhibit Ex. 2- IFPA v. DOL (not yet published)

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Motion Submitted

Motion Submitted to District Judge Louise Wood Flanagan regarding 41 Consent MOTION for Leave to File Amicus Brief in Support of Defendants. (Collins, S)

ORDER granting 41 Consent Motion for Leave to File Amicus Brief in Support of Defendants. AFL-CIO is DIRECTED to file the proposed amicus brief at DE41-1 on the docket within 5 days of the date of this order. Signed by District Judge Louise Wood Flanagan on 12/4/2024. (Collins, S) (Entered: 12/04/2024)

Notice of Special Appearance for non-district by Carol L. Brooke on behalf of Juan Hernandez Vega, Odin Millard, Dexter Starks, Willie Shelly, Farmworker Justice, UFW Foundation. (Brooke, Carol) (Entered: 12/09/2024)

Consent MOTION for Extension of Time to File Response/Reply as to 39 Response in Opposition to Motion to Intervene filed by Juan Hernandez Vega, Odin Millard, Dexter Starks, Willie Shelly, Farmworker Justice, UFW Foundation. (Attachments: # 1 Exhibit Exhibit A - Proposed Reply, # 2 Text of Proposed Order) (Brooke, Carol) (Entered: 12/09/2024)

ORDER granting 46 Motion for Extension of Time to File Reply regarding 39 Response in Opposition to Motion to Intervene. The Clerk is directed to docket the Proposed Reply (Exhibit A to Proposed Intervenor-Defendants' Motion) as timely filed. Signed by District Judge Louise Wood Flanagan on 12/10/2024. (Carter, Alexus) (Entered: 12/10/2024)

REPLY to Response to Motion regarding 25 MOTION to Intervene filed by Juan Hernandez Vega, Odin Millard, Dexter Starks, Willie Shelly, Farmworker Justice, UFW Foundation. (Carter, Alexus) (Entered: 12/10/2024)

Memorandum in Support BRIEF OF THE AFL-CIO AS AMICUS CURIAE IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT AND DEFENDANTS' CROSS-MOTION FOR SUMMARY JUDGMENT filed by American Federation of Labor and Congress of Industrial Organizations. (Pande, Trisha) Modified on 12/12/2024 to revise docket text and link to motions DE 11 and DE 35 . (Collins, S). (Entered: 12/10/2024)

Notice of Special Appearance for non-district by Andrew Lyubarsky on behalf of American Federation of Labor and Congress of Industrial Organizations. (Lyubarsky, Andrew) (Entered: 12/10/2024)

Motion Submitted

Motion Submitted to District Judge Louise Wood Flanagan regarding 46 Consent MOTION for Extension of Time to File Reply as to 39 Response in Opposition to Motion to Intervene. (Carter, Alexus)

Motion Submitted to District Judge Louise Wood Flanagan regarding 25 MOTION to Intervene. (Carter, Alexus)

Motions Submitted to District Judge Louise Wood Flanagan regarding 35 Cross MOTION for Summary Judgment, 11 MOTION for Summary Judgment. (Collins, S)

Notice filed by Jessica Looman, Jose Javier Rodriguez, United States Department of Labor Notice of Withdrawal of Michael J. Gaffney as Counsel. (Sirkovich, Eitan) (Entered: 03/04/2025)

ORDER granting in part and denying in part 25 Motion to Intervene; granting 35 Motion for Summary Judgment; denying 11 Motion for Summary Judgment. The clerk is DIRECTED to redesignate each intervenor defendant as an amicus on the face of the docket. In addition, intervenor defendants' proposed response in opposition (DE 33) is DEEMED an amicus brief in support of defendants. Defendants are entitled to judgment in their favor on all claims. The clerk is DIRECTED to close this case. Signed by District Judge Louise Wood Flanagan on 5/5/2025. (Collins, S)

JUDGMENT - Signed by Peter A. Moore, Jr., Clerk of Court on 5/5/2025. (Collins, S)

Notice-other

Notice of Appeal -Final Judgment

Transmission of Notice of Appeal and Docket Sheet to USCA

USCA Case Number

USCA Order