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Case: Mandoza v. Zirkle Fruit

2:00-cv-03024 | U.S. District Court for the Eastern District of Washington

Filed Date: March 28, 2000

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 28, 2000 several former employees of Zirkle Fruit Company Matson Fruit Company filed a class action lawsuit against their former employers and the Selective Employment Agency, Inc. in the U.S. District Court for the Eastern District of Washington, alleging that Matson and Zirkle and the engaged in a massive scheme to hire undocumented illegal immigrants for the express purpose of depressing employee wages. Selective was alleged to have acted as a front company in order to shield from…

On March 28, 2000 several former employees of Zirkle Fruit Company Matson Fruit Company filed a class action lawsuit against their former employers and the Selective Employment Agency, Inc. in the U.S. District Court for the Eastern District of Washington, alleging that Matson and Zirkle and the engaged in a massive scheme to hire undocumented illegal immigrants for the express purpose of depressing employee wages. Selective was alleged to have acted as a front company in order to shield from Matson and Zirkle from their illegal activity. Plaintiff alleged that defendants' scheme violated the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1961 et seq., and the Immigration and Nationality Act, 8 U.S.C. § 1324(a), et seq. Plaintiffs were represented by private counsel and sought a permanent injunction and monetary reimbursement for wages lost during the period of the employment of illegal workers. This case was assigned to District Judge Fred Van Sickle.

The defendants moved to dismiss the case. On September 27, 2000 Judge Van Sickle granted defendants' motion and dismissed the case, citing a lack of standing on the RICO claims. Judge Van Sickle remanded plaintiffs' state law claims to state court. Mendoza v. Zirkle Fruit Co., 2000 WL 33225470 (E.D.Wash.). Plaintiffs appealed.

On October 21, 2002, the United State Court of Appeals for the Ninth Circuit (Judge McKeown) reversed and remanded the case back to the district court. Mendoza v. Zirkle Fruit Co., 301 F.3d 1163 (9th Cir. 2002).

On remand, plaintiffs amended their complaint twice, named several additional defendants and moved for class certification. On July 13, 2004, the District Court, Judge Van Sickle, denied to certify a class of former employees of Mason, but certified a certified a class against Zirkle as follows: "Two classes are certified: Subclass (A) consists of persons who worked in Zirkle Fruit Company's warehouse from November 5, 1999, to the present whether Zirkle hired them directly or obtained them indirectly through Selective Employment Agency. Subclass (B) consists of persons who worked in Zirkle Fruit Company's orchards from November 5, 1999, to the present." Mendoza v. Zirkle Fruit Co., 222 F.R.D. 439 (E.D. Wash. 2004)

On August 13, 2004, Judge Van Sickle ordered the dismissal of individual defendants Roderick Matson and Daryl Matson with prejudice. The remaining defendants then moved for summary judgment. Judge Van Sickle granted in part and denied in part Selective Employment's motion for summary judgment and denied the Zirkle Fruit Companies' motion for summary judgment by order dated January 18, 2005.

Settlement negotiations followed. Plaintiffs and Zirkle Fruit moved for approval of the proposed settlement, which was conditionally approved at a fairness hearing on January 20, 2006. As part of the settlement, Zirkle Fruit agreed to pay $1.3 million towards the class settlement fund. The Court issued its order of final approval and dismissal on May 17, 2006.

Summary Authors

Miles Chan (8/5/2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/11089004/parties/mendoza-v-zirkle-fruit-co/


Judge(s)

Brunetti, Melvin T. (Nevada)

Leavitt, Michael W. (Washington)

McKeown, M. Margaret (California)

Trott, Stephen S. (Idaho)

Van Sickle, Frederick L. (Washington)

Attorneys(s) for Plaintiff

Berman, Steve W. (Washington)

Carroll, J. Jay (Washington)

Connell, Michael V. (Washington)

Foster, Howard W. (Illinois)

Roddy, Kevin P. (Washington)

Judge(s)

Brunetti, Melvin T. (Nevada)

Leavitt, Michael W. (Washington)

McKeown, M. Margaret (California)

Trott, Stephen S. (Idaho)

Van Sickle, Frederick L. (Washington)

Attorneys(s) for Plaintiff

Berman, Steve W. (Washington)

Carroll, J. Jay (Washington)

Connell, Michael V. (Washington)

Foster, Howard W. (Illinois)

Roddy, Kevin P. (Washington)

Toohey, James Kevin (Illinois)

Volk, Andrew M. (Washington)

Attorneys(s) for Defendant

Baehr, Alexander A. (Washington)

Baetz, Hall (Washington)

Beattie, Paul Hamilton (Washington)

DeRusha, Pamela Jean (Washington)

Edgley, Ryan M. (Washington)

Ehlis, Kirk A. (Washington)

Gray, Marvin Lee Jr. (Washington)

Lamka, D. Bruce (Washington)

Martin, Lawrence Edwin (Washington)

McCloud, Sheryl Gordon (Washington)

Meyer, Walter G. Jr. (Washington)

Monahan, Brendan Victor (Washington)

Rettig, Diehl Randall (Washington)

Schmalz, Terrence Colin (Washington)

Schwartz, Irwin (Washington)

Smith, Alexandra K. (Washington)

Swingle, Darva V. (Washington)

Watson, Mark D. (Washington)

Documents in the Clearinghouse

Document

2:00-cv-03024

Docket

Mendoza v. Zirkle Fruit

Nov. 17, 2006

Nov. 17, 2006

Docket
1

2:00-cv-03024

Class Action Complaint for Violation of Racketeer Influenced and Corrupt Organization Act and Penden

Mendoza v. Zirkle Fruit

March 28, 2000

March 28, 2000

Complaint
17

2:00-cv-03024

Memorandum of Law in Support of Defendant's Motion to Dismiss and for A Stay of Discovery

Mendoza v. Zirkle Fruit

May 31, 2000

May 31, 2000

Pleading / Motion / Brief
23

2:00-cv-03024

Plaintiffs' Response to Defendants' Motion to Dismiss and for A Stay of Discovery

Mendoza v. Zirkle Fruit

June 14, 2000

June 14, 2000

Pleading / Motion / Brief
29

2:00-cv-03024

Defendant Selective Employment, Inc's Memorandum in Support of Motion to Dismiss for Lack of Subject

Mendoza v. Zirkle Fruit

June 27, 2000

June 27, 2000

Pleading / Motion / Brief
31

2:00-cv-03024

Plaintiffs' Response to Defendant Selective Employment, Inc.'s Motion to Dismiss for Lack of Subject

Mendoza v. Zirkle Fruit

July 10, 2000

July 10, 2000

Pleading / Motion / Brief
33

2:00-cv-03024

Defendant Selective Employment, Inc's Reply to Plaintiffs' Response to Defendant Selective Employment

Mendoza v. Zirkle Fruit

July 18, 2000

July 18, 2000

Pleading / Motion / Brief
36

2:00-cv-03024

Reply Memorandum Supporting Defendants' Motion to Dismiss-Rule 12(b)(6)

Mendoza v. Zirkle Fruit

Aug. 15, 2000

Aug. 15, 2000

Pleading / Motion / Brief
43

2:00-cv-03024

Plaintiffs' Supplemental Memorandum in Response to New Issues Raised in Defendants' Reply and at Ora

Mendoza v. Zirkle Fruit

Sept. 8, 2000

Sept. 8, 2000

Other
44

2:00-cv-03024

Response to Plaintiffs' Unauthorized Supplemental Memorandum

Mendoza v. Zirkle Fruit

Sept. 12, 2000

Sept. 12, 2000

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11089004/mendoza-v-zirkle-fruit-co/

Last updated Oct. 28, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT FOR VIOLATION OF RACKETEER INFLUENCED AND CORRUPT ORGANIZATION ACT AND PENDENT STATE LAW CLAIM Fee-status: pd Receipt #: 44046 (RF) (Entered: 03/28/2000)

March 28, 2000

March 28, 2000

Clearinghouse
1

CLASS ACTION COMPLAINT FOR VIOLATION OF RACKETEER INFLUENCED AND CORRUPT ORGANIZATION ACT AND PENDENT STATE LAW CLAIM Fee-status: pd Receipt #: 44046 (RF) (Entered: 03/28/2000)

March 28, 2000

March 28, 2000

Clearinghouse

Summons issued as to defendant Zirkle Fruit Co, defendant Matson Fruit Company and defendant Selective Employment (RF)

March 28, 2000

March 28, 2000

PACER

Summons issued as to defendant Zirkle Fruit Co, defendant Matson Fruit Company and defendant Selective Employment (RF)

March 28, 2000

March 28, 2000

PACER
2

ATTORNEY APPEARANCE for defendant Zirkle Fruit Co ; Atty Ryan M Edgley appearing (PP) (Entered: 03/30/2000)

March 29, 2000

March 29, 2000

PACER
2

ATTORNEY APPEARANCE for defendant Zirkle Fruit Co ; Atty Ryan M Edgley appearing (PP) (Entered: 03/30/2000)

March 29, 2000

March 29, 2000

PACER
3

ATTORNEY APPEARANCE for defendant Matson Fruit Company ; Atty Ryan M Edgley appearing (PP) (Entered: 03/30/2000)

March 29, 2000

March 29, 2000

PACER
3

ATTORNEY APPEARANCE for defendant Matson Fruit Company ; Atty Ryan M Edgley appearing (PP) (Entered: 03/30/2000)

March 29, 2000

March 29, 2000

PACER
4

WAIVER of SERVICE by defendant Zirkle Fruit Co, defendant Matson Fruit Company ; (PP) (Entered: 03/30/2000)

March 29, 2000

March 29, 2000

PACER
4

WAIVER of SERVICE by defendant Zirkle Fruit Co, defendant Matson Fruit Company ; (PP) (Entered: 03/30/2000)

March 29, 2000

March 29, 2000

PACER
5

WAIVER of SERVICE by defendant Selective Employment ; (PP) (Entered: 03/31/2000)

March 30, 2000

March 30, 2000

PACER
5

WAIVER of SERVICE by defendant Selective Employment ; (PP) (Entered: 03/31/2000)

March 30, 2000

March 30, 2000

PACER
6

NOTICE of Recusal & ORDER of Reassignment by Chief Judge Wm. Fremming Nielsen case reassigned from Senior Judge Alan A. McDonald to Judge Fred L. Van Sickle (cc: all counsel, Judges McDonald & Van Sickle) (SAP) (Entered: 04/04/2000)

April 3, 2000

April 3, 2000

PACER
6

NOTICE of Recusal & ORDER of Reassignment by Chief Judge Wm. Fremming Nielsen case reassigned from Senior Judge Alan A. McDonald to Judge Fred L. Van Sickle (cc: all counsel, Judges McDonald & Van Sickle) (SAP) (Entered: 04/04/2000)

April 3, 2000

April 3, 2000

PACER
7

ORDER of Recusal by Judge Alan A. McDonald and for reassignment (cc: all counsel) (FmrEmp) (Entered: 04/10/2000)

April 10, 2000

April 10, 2000

PACER
7

ORDER of Recusal by Judge Alan A. McDonald and for reassignment (cc: all counsel) (FmrEmp) (Entered: 04/10/2000)

April 10, 2000

April 10, 2000

PACER
8

RICO Case Statement by plaintiffs (SAP) (Entered: 04/11/2000)

April 11, 2000

April 11, 2000

PACER
8

RICO Case Statement by plaintiffs (SAP) (Entered: 04/11/2000)

April 11, 2000

April 11, 2000

PACER
9

NOTICE of Appearance for defendant Zirkle Fruit Co; Atty Walter G Meyer Jr appearing (SAP) (Entered: 04/12/2000)

April 11, 2000

April 11, 2000

PACER
9

NOTICE of Appearance for defendant Zirkle Fruit Co; Atty Walter G Meyer Jr appearing (SAP) (Entered: 04/12/2000)

April 11, 2000

April 11, 2000

PACER
10

MOTION by plaintiff for attorney Howard Foster to appear pro hac vice (SAP) (Entered: 04/17/2000)

April 17, 2000

April 17, 2000

PACER
10

MOTION by plaintiff for attorney Howard Foster to appear pro hac vice (SAP) (Entered: 04/17/2000)

April 17, 2000

April 17, 2000

PACER
11

Application Pro Hac Vice for admission to practice on behalf of plaintiffs by attorney Howard W. Foster (SAP) (Entered: 04/17/2000)

April 17, 2000

April 17, 2000

PACER
11

Application Pro Hac Vice for admission to practice on behalf of plaintiffs by attorney Howard W. Foster (SAP) (Entered: 04/17/2000)

April 17, 2000

April 17, 2000

PACER
12

Notice by plaintiff of hearing setting motion for attorney Howard Foster to appear pro hac vice [10-1] (w/o oral argument 5/15/00 ) (SAP) (Entered: 04/17/2000)

April 17, 2000

April 17, 2000

PACER
12

Notice by plaintiff of hearing setting motion for attorney Howard Foster to appear pro hac vice [10-1] (w/o oral argument 5/15/00 ) (SAP) (Entered: 04/17/2000)

April 17, 2000

April 17, 2000

PACER
13

PROPOSED RECEIVED Order granting application [11-1] & motion for attorney Howard Foster to appear pro hac vice [10-1] submitted by plaintiffs (SAP) (Entered: 04/17/2000)

April 17, 2000

April 17, 2000

PACER
13

PROPOSED RECEIVED Order granting application [11-1] & motion for attorney Howard Foster to appear pro hac vice [10-1] submitted by plaintiffs (SAP) (Entered: 04/17/2000)

April 17, 2000

April 17, 2000

PACER
14

ORDER by Judge Fred L. Van Sickle granting motion for attorney Howard Foster to appear pro hac vice [10-1] (cc: all counsel) (SAP) (Entered: 04/20/2000)

April 19, 2000

April 19, 2000

PACER
14

ORDER by Judge Fred L. Van Sickle granting motion for attorney Howard Foster to appear pro hac vice [10-1] (cc: all counsel) (SAP) (Entered: 04/20/2000)

April 19, 2000

April 19, 2000

PACER
15

MOTION by defendants Zirkle Fruit Co & Matson Fruit Company to dismiss (SAP) (Entered: 06/02/2000)

May 31, 2000

May 31, 2000

PACER
15

MOTION by defendants Zirkle Fruit Co & Matson Fruit Company to dismiss (SAP) (Entered: 06/02/2000)

May 31, 2000

May 31, 2000

PACER
16

MOTION by defendants Zirkle Fruit Co & Matson Fruit Company to stay discovery (SAP) (Entered: 06/02/2000)

May 31, 2000

May 31, 2000

PACER
16

MOTION by defendants Zirkle Fruit Co & Matson Fruit Company to stay discovery (SAP) (Entered: 06/02/2000)

May 31, 2000

May 31, 2000

PACER
17

Memorandum by defendants Zirkle Fruit Co & Matson Fruit Company in support of motion to dismiss [15-1], motion to stay discovery [16-1] (SAP) (Entered: 06/02/2000)

May 31, 2000

May 31, 2000

Clearinghouse
17

Memorandum by defendants Zirkle Fruit Co & Matson Fruit Company in support of motion to dismiss [15-1], motion to stay discovery [16-1] (SAP) (Entered: 06/02/2000)

May 31, 2000

May 31, 2000

Clearinghouse
18

MOTION by defendants Zirkle Fruit Co & Matson Fruit Company to exceed page limit (SAP) (Entered: 06/02/2000)

May 31, 2000

May 31, 2000

PACER
18

MOTION by defendants Zirkle Fruit Co & Matson Fruit Company to exceed page limit (SAP) (Entered: 06/02/2000)

May 31, 2000

May 31, 2000

PACER
19

Notice by defendants Zirkle Fruit Co & Matson Fruit Company of hearing setting motion to dismiss [15-1] w/oral argument 1:00 7/12/00 Spokane, WA & setting motion to stay discovery [16-1] w/oral argument 1:00 7/12/00 Spokane, WA (SAP) (Entered: 06/02/2000)

May 31, 2000

May 31, 2000

PACER
19

Notice by defendants Zirkle Fruit Co & Matson Fruit Company of hearing setting motion to dismiss [15-1] w/oral argument 1:00 7/12/00 Spokane, WA & setting motion to stay discovery [16-1] w/oral argument 1:00 7/12/00 Spokane, WA (SAP) (Entered: 06/02/2000)

May 31, 2000

May 31, 2000

PACER
20

AFFIDAVIT of mailing by defendants Zirkle Fruit Co & Matson Fruit Company of: docs #15-19 (SAP) (Entered: 06/02/2000)

May 31, 2000

May 31, 2000

PACER
20

AFFIDAVIT of mailing by defendants Zirkle Fruit Co & Matson Fruit Company of: docs #15-19 (SAP) (Entered: 06/02/2000)

May 31, 2000

May 31, 2000

PACER
21

MOTION by defendant Selective Employment to dismiss (SAP) (Entered: 06/06/2000)

June 2, 2000

June 2, 2000

PACER
21

MOTION by defendant Selective Employment to dismiss (SAP) (Entered: 06/06/2000)

June 2, 2000

June 2, 2000

PACER
22

MOTION by plaintiff to exceed page limitations (VR) (Entered: 06/14/2000)

June 14, 2000

June 14, 2000

PACER
22

MOTION by plaintiff to exceed page limitations (VR) (Entered: 06/14/2000)

June 14, 2000

June 14, 2000

PACER
23

Response by plaintiff to defendants' motion to dismiss [21-1], motion to stay discovery [16-1], motion to dismiss [15-1] (VR) (Entered: 06/14/2000)

June 14, 2000

June 14, 2000

Clearinghouse
23

Response by plaintiff to defendants' motion to dismiss [21-1], motion to stay discovery [16-1], motion to dismiss [15-1] (VR) (Entered: 06/14/2000)

June 14, 2000

June 14, 2000

Clearinghouse
24

Notice by plaintiff of hearing setting motion to exceed page limitations [22-1] (w/o oral argument 7/24/00 ) (VR) (Entered: 06/14/2000)

June 14, 2000

June 14, 2000

PACER
24

Notice by plaintiff of hearing setting motion to exceed page limitations [22-1] (w/o oral argument 7/24/00 ) (VR) (Entered: 06/14/2000)

June 14, 2000

June 14, 2000

PACER
25

PROPOSED RECEIVED order re: motion to exceed page limitations [22-1] submitted by plaintiff (VR) (Entered: 06/14/2000)

June 14, 2000

June 14, 2000

PACER
25

PROPOSED RECEIVED order re: motion to exceed page limitations [22-1] submitted by plaintiff (VR) (Entered: 06/14/2000)

June 14, 2000

June 14, 2000

PACER
26

RE-Notice by defendant Zirkle Fruit Co, defendant Matson Fruit Company of hearing setting motion to stay discovery [16-1] w/oral argument 10:30 7/28/00 in Yakima, WA, setting motion to dismiss [15-1] w/oral argument 10:30 7/28/00 in Yakima, WA (SAP) (Entered: 06/19/2000)

June 15, 2000

June 15, 2000

PACER
26

RE-Notice by defendant Zirkle Fruit Co, defendant Matson Fruit Company of hearing setting motion to stay discovery [16-1] w/oral argument 10:30 7/28/00 in Yakima, WA, setting motion to dismiss [15-1] w/oral argument 10:30 7/28/00 in Yakima, WA (SAP) (Entered: 06/19/2000)

June 15, 2000

June 15, 2000

PACER
27

ORDER by Judge Fred L. Van Sickle granting pltfs' motion to exceed page limitations [22-1] (cc: all counsel) (SAP) (Entered: 06/21/2000)

June 21, 2000

June 21, 2000

PACER
27

ORDER by Judge Fred L. Van Sickle granting pltfs' motion to exceed page limitations [22-1] (cc: all counsel) (SAP) (Entered: 06/21/2000)

June 21, 2000

June 21, 2000

PACER
28

MOTION by defendant Selective Employment to dismiss for lack of subject matter jurisdiction (LE) (Entered: 06/29/2000)

June 27, 2000

June 27, 2000

PACER
28

MOTION by defendant Selective Employment to dismiss for lack of subject matter jurisdiction (LE) (Entered: 06/29/2000)

June 27, 2000

June 27, 2000

PACER
29

Memorandum by defendant Selective Employment in support of motion to dismiss for lack of subject matter jurisdiction [28-1] (LE) (Entered: 06/29/2000)

June 27, 2000

June 27, 2000

Clearinghouse
29

Memorandum by defendant Selective Employment in support of motion to dismiss for lack of subject matter jurisdiction [28-1] (LE) (Entered: 06/29/2000)

June 27, 2000

June 27, 2000

Clearinghouse
30

Notice by defendant Selective Employment of hearing setting motion to dismiss for lack of subject matter jurisdiction [28-1]; oral argument 10:30 7/28/00 Yakima, WA (LE) (Entered: 06/29/2000)

June 27, 2000

June 27, 2000

PACER
30

Notice by defendant Selective Employment of hearing setting motion to dismiss for lack of subject matter jurisdiction [28-1]; oral argument 10:30 7/28/00 Yakima, WA (LE) (Entered: 06/29/2000)

June 27, 2000

June 27, 2000

PACER
31

Response by plaintiffs to motion to dismiss for lack of subject matter jurisdiction [28-1], [21-1] (SAP) (Entered: 07/12/2000)

July 10, 2000

July 10, 2000

Clearinghouse
31

Response by plaintiffs to motion to dismiss for lack of subject matter jurisdiction [28-1], [21-1] (SAP) (Entered: 07/12/2000)

July 10, 2000

July 10, 2000

Clearinghouse
32

ORDER rescheduling oral arg on motions to dismiss by Judge Fred L. Van Sickle setting motion to dismiss [15-1] with oral arg 10:00 7/27/00 Yakima, WA, setting motion to dismiss for lack of subject matter jurisdiction [28-1] with oral arg 10:00 7/27/00 Yakima, WA (cc: all counsel) (SAP) (Entered: 07/12/2000)

July 10, 2000

July 10, 2000

PACER
32

ORDER rescheduling oral arg on motions to dismiss by Judge Fred L. Van Sickle setting motion to dismiss [15-1] with oral arg 10:00 7/27/00 Yakima, WA, setting motion to dismiss for lack of subject matter jurisdiction [28-1] with oral arg 10:00 7/27/00 Yakima, WA (cc: all counsel) (SAP) (Entered: 07/12/2000)

July 10, 2000

July 10, 2000

PACER
33

Reply Memorandum by defendant Selective Employment to Pltfs' Response Memorandum in Opposition to dft Selective's motion to dismiss for lack of subject matter jurisdiction [28-1] (LE) (Entered: 07/19/2000)

July 18, 2000

July 18, 2000

Clearinghouse
33

Reply Memorandum by defendant Selective Employment to Pltfs' Response Memorandum in Opposition to dft Selective's motion to dismiss for lack of subject matter jurisdiction [28-1] (LE) (Entered: 07/19/2000)

July 18, 2000

July 18, 2000

Clearinghouse
34

Renoted Hearing Notice by plaintiffs of hearing setting motion to stay discovery [16-1] w/oral argument 1:00 8/31/00 Yakima, WA, setting motion to dismiss [15-1] w/oral argument 1:00 8/31/00 Yakima, WA (SAP) (Entered: 07/27/2000)

July 26, 2000

July 26, 2000

PACER
34

Renoted Hearing Notice by plaintiffs of hearing setting motion to stay discovery [16-1] w/oral argument 1:00 8/31/00 Yakima, WA, setting motion to dismiss [15-1] w/oral argument 1:00 8/31/00 Yakima, WA (SAP) (Entered: 07/27/2000)

July 26, 2000

July 26, 2000

PACER
35

MOTION & Affidavit by defendants Zirkle Fruit Co & Matson Fruit Company to file post-deadline brief (SAP) (Entered: 08/17/2000)

Aug. 15, 2000

Aug. 15, 2000

PACER
35

MOTION & Affidavit by defendants Zirkle Fruit Co & Matson Fruit Company to file post-deadline brief (SAP) (Entered: 08/17/2000)

Aug. 15, 2000

Aug. 15, 2000

PACER
36

Reply Memorandum by defendants Zirkle Fruit Co & Matson Fruit Company to Memorandum in Opposition to motion to dismiss [15-1] (SAP) (Entered: 08/17/2000)

Aug. 15, 2000

Aug. 15, 2000

Clearinghouse
36

Reply Memorandum by defendants Zirkle Fruit Co & Matson Fruit Company to Memorandum in Opposition to motion to dismiss [15-1] (SAP) (Entered: 08/17/2000)

Aug. 15, 2000

Aug. 15, 2000

Clearinghouse
37

AFFIDAVIT of mailing by defendants Zirkle Fruit Co & Matson Fruit Company of: #35 & 36 (SAP) (Entered: 08/17/2000)

Aug. 15, 2000

Aug. 15, 2000

PACER
37

AFFIDAVIT of mailing by defendants Zirkle Fruit Co & Matson Fruit Company of: #35 & 36 (SAP) (Entered: 08/17/2000)

Aug. 15, 2000

Aug. 15, 2000

PACER
38

MOTION & Affidavit by defendants Matson Fruit Company & Zirkle Fruit Co to expedite hrg re motion to file post-deadline brief (SAP) (Entered: 08/22/2000)

Aug. 18, 2000

Aug. 18, 2000

PACER
38

MOTION & Affidavit by defendants Matson Fruit Company & Zirkle Fruit Co to expedite hrg re motion to file post-deadline brief (SAP) (Entered: 08/22/2000)

Aug. 18, 2000

Aug. 18, 2000

PACER
39

Notice by defendants Matson Fruit Company & Zirkle Fruit Co of hearing setting motion to expedite hrg [38-1] (w/o oral argument 8/31/00 ) (SAP) (Entered: 08/22/2000)

Aug. 18, 2000

Aug. 18, 2000

PACER
39

Notice by defendants Matson Fruit Company & Zirkle Fruit Co of hearing setting motion to expedite hrg [38-1] (w/o oral argument 8/31/00 ) (SAP) (Entered: 08/22/2000)

Aug. 18, 2000

Aug. 18, 2000

PACER
40

PROPOSED RECEIVED Order re: motion to expedite hrg [38-1] submitted by defendants Matson Fruit Company & Zirkle Fruit Co (SAP) (Entered: 08/22/2000)

Aug. 18, 2000

Aug. 18, 2000

PACER
40

PROPOSED RECEIVED Order re: motion to expedite hrg [38-1] submitted by defendants Matson Fruit Company & Zirkle Fruit Co (SAP) (Entered: 08/22/2000)

Aug. 18, 2000

Aug. 18, 2000

PACER

Status Conference Notice ;telephonic status conf 8:30 9/15/00 Spokane, WA (PW)

Aug. 21, 2000

Aug. 21, 2000

PACER

Status Conference Notice ;telephonic status conf 8:30 9/15/00 Spokane, WA (PW)

Aug. 21, 2000

Aug. 21, 2000

PACER
41

Report by plaintiffs of the parties' planning meeting pur FRCP 26 (SAP) (Entered: 08/23/2000)

Aug. 23, 2000

Aug. 23, 2000

PACER
41

Report by plaintiffs of the parties' planning meeting pur FRCP 26 (SAP) (Entered: 08/23/2000)

Aug. 23, 2000

Aug. 23, 2000

PACER
42

MINUTES: In-court hrg held re motion to dismiss before Chief Judge Fred L. Van Sickle Hrg Location: Yakima; Sue Haney court reporter (SAP) (Entered: 09/05/2000)

Aug. 31, 2000

Aug. 31, 2000

PACER
42

MINUTES: In-court hrg held re motion to dismiss before Chief Judge Fred L. Van Sickle Hrg Location: Yakima; Sue Haney court reporter (SAP) (Entered: 09/05/2000)

Aug. 31, 2000

Aug. 31, 2000

PACER
43

Supplemental Memorandum by plaintiffs in response to new issues raised in defts' motion reply [36-1] & at oral agr (SAP) (Entered: 09/11/2000)

Sept. 8, 2000

Sept. 8, 2000

Clearinghouse
43

Supplemental Memorandum by plaintiffs in response to new issues raised in defts' motion reply [36-1] & at oral agr (SAP) (Entered: 09/11/2000)

Sept. 8, 2000

Sept. 8, 2000

Clearinghouse
44

Response by defendant Zirkle Fruit Co, defendant Matson Fruit Company to supplemental memorandum [43-1] (SAP) (Entered: 09/15/2000)

Sept. 12, 2000

Sept. 12, 2000

Clearinghouse
44

Response by defendant Zirkle Fruit Co, defendant Matson Fruit Company to supplemental memorandum [43-1] (SAP) (Entered: 09/15/2000)

Sept. 12, 2000

Sept. 12, 2000

Clearinghouse
45

Notice of Substitution of counsel: Ryan Edgley replacing Halverson & Applegate w/co-counsel Walter Meyer at atty for Zirkle Fruit Co (SAP) (Entered: 09/27/2000)

Sept. 26, 2000

Sept. 26, 2000

PACER
45

Notice of Substitution of counsel: Ryan Edgley replacing Halverson & Applegate w/co-counsel Walter Meyer at atty for Zirkle Fruit Co (SAP) (Entered: 09/27/2000)

Sept. 26, 2000

Sept. 26, 2000

PACER
46

ORDER granting defts' motion to dismiss & remanding cause to state court by Chief Judge Fred L. Van Sickle granting motion to dismiss [15-1]; complaint is dismissed w/out lv to amend; all remaining state law claims are remanded to state court terminating case COB-175-97 (cc: all counsel) (SAP) (Entered: 09/28/2000)

Sept. 27, 2000

Sept. 27, 2000

Clearinghouse
46

ORDER granting defts' motion to dismiss & remanding cause to state court by Chief Judge Fred L. Van Sickle granting motion to dismiss [15-1]; complaint is dismissed w/out lv to amend; all remaining state law claims are remanded to state court terminating case COB-175-97 (cc: all counsel) (SAP) (Entered: 09/28/2000)

Sept. 27, 2000

Sept. 27, 2000

Clearinghouse
47

ATTORNEY APPEARANCE for defendant Matson Fruit Company ; Atty Terrence Colin Schmalz appearing (FmrEmp) (Entered: 09/29/2000)

Sept. 28, 2000

Sept. 28, 2000

PACER
47

ATTORNEY APPEARANCE for defendant Matson Fruit Company ; Atty Terrence Colin Schmalz appearing (FmrEmp) (Entered: 09/29/2000)

Sept. 28, 2000

Sept. 28, 2000

PACER
48

NOTICE OF ASSOCIATION for defendant Matson Fruit Company ; Atty appearing Ryan M. Edgley (VR) (Entered: 10/02/2000)

Sept. 28, 2000

Sept. 28, 2000

PACER
48

NOTICE OF ASSOCIATION for defendant Matson Fruit Company ; Atty appearing Ryan M. Edgley (VR) (Entered: 10/02/2000)

Sept. 28, 2000

Sept. 28, 2000

PACER

Case Details

State / Territory: Washington

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 28, 2000

Closing Date: May 17, 2006

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Class of persons who worked in Zirkle Fruit Company's warehouse (whether Zirkle hired them directly or obtained them indirectly through Selective Employment Agency) and in the company's orchards from 11/5/99, to the present.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Zirkle Fruit Company, Private Entity/Person

Selective Employment Agency, Inc., Private Entity/Person

Matson Fruit Company, Private Entity/Person

Case Details

Causes of Action:

Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Immigration/Border:

Employer sanctions

Employment

Undocumented immigrants - rights and duties