Walsh v. VH Harvesting LLC et al
| Martin J Walsh |
| VH Harvesting LLC, T&K Feeds Incorporated and Preston Van Hofwegen |
| 2:2022cv01805 |
| October 20, 2022 |
| US District Court for the District of Arizona |
| Diane J Humetewa |
| Labor: Other |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 29, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 30
CONSENT JUDGMENT pursuant to the parties' #27 Stipulation. Judgment is entered as set forth in this Order, in favor of the Secretary of Labor and against Defendant T & K for the total amount of $32,411.08, which is comprised of $22,411.08 in back wages and $10,000.00 in civil money penalties. ORDERED that the Clerk of Court shall terminate this action and the Court shall retain jurisdiction of this action for purposes of enforcing compliance with the terms of this Consent Judgment. Signed by Judge Diane J Humetewa on 11/28/2022. (See Judgment for details.) (LFIG)
|
| Filing 29 Corporate Disclosure Statement by T&K Feeds Incorporated. (Nunn-Gilman, Heidi) |
|
Filing 28
CONSENT JUDGMENT pursuant to the parties' #26 Stipulation. Judgment is entered in favor of the Secretary of Labor as set forth in this Order, against VH Defendants in the amount of $281,683.08, which is comprised of $181,683.08 in back wages and damages, and $100,000.00 in civil money penalties. ORDERED the Court shall retain jurisdiction of this action for purposes of enforcing compliance with the terms of this Consent Judgment. Signed by Judge Diane J Humetewa on 11/28/2022. (See Judgment for details.)(LFIG)
|
| Filing 27 STIPULATION re: #23 Stipulation, #24 Order,, Set Deadlines,, Terminate Hearings, by Martin J Walsh. (Attachments: #1 Consent Judgment re T & K Feeds, Inc. and Preston Von Hofwegen)(Song, Charles) |
| Filing 26 STIPULATION re: #23 Stipulation, #24 Order,, Set Deadlines,, Terminate Hearings, by Martin J Walsh. (Attachments: #1 Consent Judgment re VH Harvesting, LLC and Preston Von Hofwegen)(Song, Charles) |
| Filing 25 Corporate Disclosure Statement by Preston Van Hofwegen, VH Harvesting LLC. (Hause-Schultz, Rebecca) |
| Remark: Pro hac vice motion(s) granted for Rebecca A Hause-Schultz on behalf of Defendants Preston Van Hofwegen, VH Harvesting LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (WLP) |
|
Filing 24
ORDER that the hearing on Plaintiffs Motion for Preliminary Injunction set for November 18, 2022 (Docs. 18, 19) is VACATED. IT IS FURTHER ORDERED that the parties shall file their Consent Decree and Stipulation to Dismiss by or on November 18, 2022. If no Consent Decree or Stipulation to Dismiss is filed by that date, the parties shall file a Status Report with the Court. Signed by Judge Diane J Humetewa on 11/15/2022. (LFIG)
|
|
Filing 23
STIPULATION and Order to Vacate Preliminary Injunction Hearing and Associated Deadlines (and Notice of Pending Settlement) by Preston Van Hofwegen, VH Harvesting LLC. (Attachments: #1 Proposed Order)(Guner, Lori)
|
| Filing 22 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within five (5) days. Corporate Disclosure Statement Deadline set as to T&K Feeds Incorporated, VH Harvesting LLC. (LFIG) |
| Filing 21 Defendants VH Harvesting, LLC and Preston Van Hofwegen's ANSWER to #1 Complaint and Affirmative Defenses by Preston Van Hofwegen, VH Harvesting LLC.(Guner, Lori) |
| Filing 20 Defendant T & K Feeds, Inc.'s ANSWER to #1 Complaint by T&K Feeds Incorporated.(Nunn-Gilman, Heidi) |
|
Filing 19
ORDER: Due to a conflict on the Court's calendar, the hearing on the United States Secretary of Labor's Motion for Preliminary Injunction set for November 18, 2022, at 2:00 p.m. is vacated and reset as to time only to November 18, 2022, at 10:00 a.m. in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. The remainder of the Court's Order (Doc. #18 ) is otherwise affirmed. ORDERED by Judge Diane J Humetewa on 11/9/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
|
|
Filing 18
ORDER that the United States Secretary of Labor's Supplemental Motion and Application in Support of Temporary Restraining Order and Order to Show Cause Regarding a Preliminary Injunction (Doc. #13 ) is granted. IT IS FURTHER ORDERED that Defendants VH Harvesting, LLC and Preston Van Hofwegen are enjoined and restrained from violating the H-2A Agricultural Clearance Order for H-2A case No. H-300-21350-769065 and the applicable Federal Codes and Regulations referenced therein, including but not limited to regulations concerning transportation, housing, meal, wage, and prohibited discrimination requirements. IT IS FURTHER ORDERED that Defendants VH Harvesting, LLC and Preston Van Hofwegen must permit and grant access to the United States Secretary of Labor's investigators to review those vehicles that are currently being used. Signed by Judge Diane J Humetewa on 10/27/2022. (See Order for details.) (LFIG)
|
|
Filing 17
ORDER granting the parties' #14 Stipulation re: Entry of Preliminary Injunction Against T&K Feeds Inc. Signed by Judge Diane J Humetewa on 10/25/2022. (See Order for details.) (LFIG)
|
| Filing 16 MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Status Conference held on 10/25/2022. Counsel for T&K Feeds and for Plaintiff put forth their stipulation on the record. The Court approves of the Stipulation (Doc. [14). Plaintiff renews the Motion for TRO against Defendants VH Harvesting LLC and Preston Van Hofwegen. For the reasons stated on the record, the Court finds there is a likelihood of success on the merits on the part of the Secretary of Labor. Therefore, IT IS ORDERED granting Plaintiff's Motion for a Temporary Restraining Order through and including 11/18/2022. IT IS FURTHER ORDERED setting a Preliminary Injunction Hearing for 11/18/2022 at 3:00 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Orders to follow. APPEARANCES: Charles Song for Plaintiff. Heidi Nunn-Gilman for Defendant T&K Feeds Inc. Lori Guner for Defendant VH Harvesting and Preston Van Hofwegen. (Court Reporter Hilda Lopez.) Hearing held 10:34 AM to 11:08 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) |
| Filing 15 NOTICE of Appearance by Lori Aysegul Guner on behalf of Preston Van Hofwegen, VH Harvesting LLC. (Guner, Lori) |
| Filing 14 STIPULATION RE: ENTRY OF PRELIMINARY INJUCTION AGAINST T & K FEEDS, INC. by Martin J Walsh. (Song, Charles) |
| Filing 13 SUPPLEMENT to #2 MOTION for Temporary Restraining Order by Martin J Walsh. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit Declaration of Charles Song, #3 Exhibit Declaration of Kristina Espinoza)(Song, Charles) Modified to correct event on 10/25/2022 (WLP). |
|
Filing 12
ORDER: The Court having set a Status Conference for Tuesday, October 25, 2022 at 10:30 AM, IT IS ORDERED that the parties shall be present in-person. To the extent that any party or counsel is unable to personally appear, the party or counsel may seek leave to appear via video or telephone conference by no later than 12:00 PM on Monday, October 24, 2022, stating the reasons for such appearance. IT IS FURTHER ORDERED that Plaintiff shall serve Defendants with a copy of this Order. ORDERED by Judge Diane J Humetewa on 10/21/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
|
| Filing 11 MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Telephonic Motion Hearing held on 10/21/2022 re: Plaintiff's #2 Motion for Temporary Restraining Order. Pro se Defendant Van Hofwegen represents to the Court that he is seeking counsel for VH Harvesting LLC. Argument heard. For the reasons stated on the record, IT IS ORDERED denying without prejudice to renew the #2 Motion for Temporary Restraining Order. Plaintiff may renew the Motion at the Status Conference set for 10/25/2022 at 10:30 AM before Judge Diane J Humetewa. TELEPHONIC APPEARANCES: Charles Song and Victoria Yee for Plaintiff. Pro se Defendant Van Hofwegen. Heidi Nunn-Gilman and David Selden for Defendant T&K Feeds Inc. (Court Reporter Hilda Lopez.) Hearing held 1:36 PM to 2:42 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) |
| Filing 10 NOTICE re: Filing Verification of Seth Dugan by T&K Feeds Incorporated re: #8 Response to Motion and Memorandum for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction. (Selden, David) |
| Filing 9 NOTICE re: Notice of Non-Representation by Richard D. Elley . (Elley, Richard) |
| Filing 8 RESPONSE to Motion re: #2 MOTION for Temporary Restraining Order filed by T&K Feeds Incorporated. (Selden, David) |
| Filing 7 NOTICE re: of Service by Martin J Walsh re: #2 MOTION for Temporary Restraining Order, #6 Order #1 Complaint . (Song, Charles) Modified text on 10/21/2022 (WLP). |
|
Filing 6
ORDER that Defendants shall file a response to the Motion (Doc. #2 ) by October 21, 2022, at 12:00 PM. IT IS FURTHER ORDERED that the Secretary must serve Defendants with the Complaint, Motion, and a copy of this Order and file a Notice of Service by October 20, 2022, at 8:00 PM. A Telephonic Hearing is set for 10/21/2022 at 1:30 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Five (5) minutes prior to the hearing start time, the parties shall dial 1-866-390-1828, and enter access code 7618428 when prompted. Signed by Judge Diane J Humetewa on 10/20/2022. (LFIG)
|
| Filing 5 Summons Issued as to Preston Van Hofwegen, T&K Feeds Incorporated, VH Harvesting LLC. (Attachments: #1 Summons, #2 Summons)(ARC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 4 This case has been assigned to the Honorable Diane J Humetewa. All future pleadings or documents should bear the correct case number: CV-22-1805-PHX-DJH. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (ARC) |
| Filing 3 SUMMONS Submitted by Martin J Walsh. (Song, Charles) (Attachments: #1 Summons, #2 Summons)(ARC) |
| Filing 2 MOTION for Temporary Restraining Order by Martin J Walsh. (Song, Charles) (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Proposed Order)(ARC) |
| Filing 1 COMPLAINT (TRO Requested) filed by Martin J Walsh. (Song, Charles) (Attachments: #1 Civil Cover Sheet)(ARC) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Arizona District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
