Acosta v. Agro Cargo LLC et al
| R Alexander Acosta |
| Agro Cargo LLC, Christian Gomez Bueno, Jose Carlos Gomez and Jose Carlos Gomez doing business as Union Harvest |
| 2:2019cv02670 |
| April 26, 2019 |
| US District Court for the District of Arizona |
| Susan M Brnovich |
| Labor: Other |
| 28 U.S.C. ยง 1331 |
| None |
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Filing 6
CONSENT JUDGMENT AND PRDER AS TO DEFENDANTS AGRO CARGO, LLC; JOSE CARLOS GOMES D/B/A UNION HARVEST; AND CHRISTIAN GOMEZ BUENO: Pursuant to Section 502 of MSPA, Defendant Jose Carlos Gomez is permanently enjoined and restrained from operating as a Farm Labor Contractor or providing Farm Labor Contractor services, either directly or indirectly. Defendant Jose Carlos Gomez is also permanently enjoined and restrained from applying for a Farm Labor Contractor Employee Certificate to perform the following activities: recruiting, transporting, driving, housing, soliciting, or furnishing employees to any Farm Labor Contractor. Within three days of the date of this order, Defendant Jose Carlos Gomez shall withdraw any pending application made on his behalf for any certificate or license specifically required to operate as a Farm Labor Contractor, such as a Farm Labor Contractor Certificate of Registration. Defendant Jose Carlos Gomez also agrees to withdraw his request for an administrative hearing in case number 2018-MSP-00001. Defendants Jose Carlos Gomez, Agro Cargo LLC, Christian Gomez Bueno, and their officers, agents, servants, employees, successors and all person in active concert or participation with them are permanently enjoined and restrained from violating MSPA in any of the following manners: See document for full details. Defendants, their officers, agents, servants, employees, successors and all persons in active concert or participation with them are permanently enjoined and restrained from violating the H-2A program in any of the following manners: See document for full details. JUDGMENT IS HEREBY ENTERED in the amount of $75,000 against Defendants Argo Cargo, LLC and Christian Gomez Bueno, jointly and severally, and in favor of Plaintiff, Secretary of Labor. Defendants agree that this amount is considered a debt to the United States. Defendants Agro Cargo, LLC and Christian Gomez Bueno, jointly and severally, shall pay to the Secretary the aforementioned sum of $75,000. This amount encompasses the back wages owed to employees in Exhibit A for the Subject Period under MSPA and the H-2A Program, and the Civil Money Penalties assessed by the U.S. Department of Labor. Defendants Agro Cargo, LLC and Christian Gomez Bueno shall satisfy the monetary provisions of this Consent Judgment as set forth below: See document for full details. The Secretary will seek a judgment lien on Defendants Agro Cargo, LLC and Christian Gomez Bueno's property. Defendants shall cooperate with the Secretary's efforts to secure the judgment. The Secretary may place a lien on the vehicles and/or machinery with the following VIN numbers: (1) 1T9AA1P30B1030159, (2) 1T9AA1P3XA1030717, (3) 1T9AA1P43A1030700; and (4) 1T9AA1P49A1030684. Each party shall bear all fees and other expenses (including court costs) and attorneys' fees that might be available under the Equal Access to Justice Act incurred by such party in connection with any stage of this proceeding to date. Nothing in this Consent Judgment and Order is binding on any government agency other than the United States Department of Labor, Wage and Hour Division. This Court shall retain jurisdiction of this action for purposes of enforcing compliance with the terms of the Consent Decree. See document for further details. Signed by Judge Susan M Brnovich on 5/01/2019. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(REK)
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| Filing 5 Additional Attachments to Main Document re: #4 MOTION for Judgment Proposed Consent Judgment as to all Defendants by Plaintiff R Alexander Acosta. (Melendez, Veronica) |
| Filing 4 MOTION for Judgment Proposed Consent Judgment as to all Defendants by R Alexander Acosta. (Attachments: #1 Exhibit A - Proposed Consent Judgment)(Melendez, Veronica) |
| Filing 3 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (KAH) |
| Filing 2 This case has been assigned to the Honorable Susan M Brnovich. All future pleadings or documents should bear the correct case number: CV-19-02670-PHX-SMB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (KAH) |
| Filing 1 COMPLAINT filed by R Alexander Acosta. (Melendez, Veronica) (Attachments: #1 Civil Cover Sheet)(KAH) |
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