PERI & SONS FARMS, INC. et al v. ACOSTA et al
| NATIONAL COUNCIL OF AGRICULTURE EMPLOYERS and PERI & SONS FARMS, INC. |
| BRYAN JARRETT, MOLLY E CONWAY, Secretary of Labor R. ALEXANDER ACOSTA, MOLLY E. CONWAY and R. ALEXANDER ACOSTA |
| MICHAEL CORTEZ, UNITED FARM WORKERS, ARNOLDO CHARLES and OLEGARIO LOPEZ |
| 1:2019cv00034 |
| January 7, 2019 |
| US District Court for the District of Columbia |
| Timothy J Kelly |
| Administrative Procedure Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on October 24, 2019. A more recent docket listing may be available from PACER.
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Filing 44
MANDATE of USCA as to #40 Notice of Appeal to DC Circuit Court, filed by PERI & SONS FARMS, INC. ; USCA Case Number 19-5113. (Attachments: #1 USCA Order)(zrdj)
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Filing 43
TRANSCRIPT OF PRELIMINARY INJUNCTION HEARING before Judge Timothy J. Kelly held on 1-28-19; Page Numbers: 1-88; Date of Issuance: 6-27-19; Court Reporter: Timothy R. Miller, Telephone number (202) 354-3111. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter refe renced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/18/2019. Redacted Transcript Deadline set for 7/28/2019. Release of Transcript Restriction set for 9/25/2019.(Miller, Timothy)
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Filing 42
TRANSCRIPT OF TEMPORARY RESTRAINING ORDER HEARING before Judge Timothy J. Kelly held on 1-8-19; Page Numbers: 1-21; Date of Issuance: 6-27-19; Court Reporter: Timothy R. Miller, Telephone number (202) 354-3111. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter r eferenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/18/2019. Redacted Transcript Deadline set for 7/28/2019. Release of Transcript Restriction set for 9/25/2019.(Miller, Timothy)
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USCA Case Number 19-5113 for #40 Notice of Appeal to DC Circuit Court, filed by PERI & SONS FARMS, INC. (zrdj)
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Filing 41
Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re #40 Notice of Appeal to DC Circuit Court. (tth)
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Filing 40
NOTICE OF APPEAL TO DC CIRCUIT COURT as to #38 Order, Order Dismissing Case, #39 Order, Memorandum & Opinion by PERI & SONS FARMS, INC.. Filing fee $ 505, receipt number 0090-6069171. Fee Status: Fee Paid. Parties have been notified. (Schulte, Christopher)
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Filing 39
MEMORANDUM OPINION in support of #38 Order dismissing the case. Signed by Judge Timothy J. Kelly on 3/18/2019. (lctjk1)
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Filing 38
ORDER dismissing case for lack of subject-matter jurisdiction. This is a final, appealable Order. The Clerk of Court is directed to close the case. Signed by Judge Timothy J. Kelly on 3/18/2019. (lctjk1)
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| Filing 37 NOTICE of Appearance by Michael N. Kennedy on behalf of UNITED FARM WORKERS (Kennedy, Michael) |
| Filing 36 NOTICE of Appearance by Calvin Cohen on behalf of UNITED FARM WORKERS (Cohen, Calvin) |
| Filing 35 NOTICE of Appearance by Qingliu Yang on behalf of UNITED FARM WORKERS (Yang, Qingliu) |
| Filing 34 NOTICE of Appearance by Thomas I. Plotkin on behalf of UNITED FARM WORKERS (Plotkin, Thomas) |
| Filing 33 Joint STATUS REPORT by R. ALEXANDER ACOSTA, MOLLY E. CONWAY, BRYAN JARRETT. (Goldsmith, Aaron) |
| Filing 32 Memorandum in opposition to re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by ARNOLDO CHARLES, MICHAEL CORTEZ, OLEGARIO LOPEZ, UNITED FARM WORKERS. (Attachments: #1 Declaration Decl. of Bruce Goldstein, #2 Declaration Decl. of Greg Schell, #3 Declaration Decl. of UFW, #4 Declaration Decl. of Efren Fraide, #5 Declaration Decl. of Odelinda Perez, #6 Text of Proposed Order)(Goldstein, Bruce) |
| Minute Entry for proceedings held before Judge Timothy J. Kelly: Preliminary Injunction Hearing held on 1/28/2019 re #2 MOTION for Preliminary Injunction. Oral argument heard and taken under advisement. Oral ruling by the court GRANTING #11 First MOTION to Intervene in support of Federal Government Defendants and GRANTING #15 MOTION to Intervene as Defendants, for reasons stated on the record. (Court Reporter: Timothy Miller) (kh) |
| Filing 31 REPLY to opposition to motion re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by NATIONAL COUNCIL OF AGRICULTURE EMPLOYERS, PERI & SONS FARMS, INC.. (Schulte, Christopher) |
| Filing 30 ERRATA Notice of Errata Sheet by R. ALEXANDER ACOSTA, MOLLY E. CONWAY, BRYAN JARRETT re #27 Memorandum in Opposition, (Goldsmith, Aaron) Modified event title on 1/28/2019 (znmw). |
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MINUTE ORDER: It is hereby ORDERED that the parties shall be prepared, at the hearing scheduled for January 28, 2019, to discuss the merits of the Movants' #11 #15 Motions to Intervene, as well as the Plaintiffs' #2 Motion for Preliminary Injunction. Signed by Judge Timothy J. Kelly on 1/25/2019. (lctjk1)
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| NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry #28 Memorandum in Opposition was entered in error as premature; Motions to Intervene #11 #15 are still pending. (znmw) |
| Filing 29 REPLY to opposition to motion re #15 MOTION to Intervene as Defendants, #11 First MOTION to Intervene in support of Federal Government Defendants filed by ARNOLDO CHARLES, MICHAEL CORTEZ, OLEGARIO LOPEZ, UNITED FARM WORKERS. (Kirkpatrick, Michael) |
| NOTICE OF CORRECTED DOCKET ENTRY: re #23 Notice of Appearance, #19 Notice of Appearance, #22 Notice of Appearance, #21 Notice of Appearance, #20 Notice of Appearance was entered in error. Attorneys are not a member of the Bar of this Court; their applications are pending. (tth) |
| NOTICE OF CORRECTED DOCKET ENTRY: re #18 Notice of Appearance was entered in error and counsel was instructed to refile said pleading. Attorney is not a member of the Bar of this Court; applications are pending. (tth) |
| Filing 28 ENTERED IN ERROR.....Memorandum in opposition to re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by UNITED FARM WORKERS. (Attachments: #1 Declaration Decl. of Bruce Goldstein, #2 Declaration Decl. of Efren Fraide, #3 Declaration Decl. of Odelinda Perez, #4 Declaration Decl. of Gregory S. Schell, #5 Declaration Decl. of Teresa Romero, UFW, #6 Text of Proposed Order)(Goldstein, Bruce) Modified on 1/25/2019 (znmw). |
| Filing 27 Memorandum in opposition to re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by R. ALEXANDER ACOSTA, MOLLY E. CONWAY, BRYAN JARRETT. (Attachments: #1 Exhibit DOL chart showing AEWR Trends 2013-2019, #2 Exhibit ETA Form 9142A, Appendix A)(Goldsmith, Aaron) |
| Filing 26 Memorandum in opposition to re #15 MOTION to Intervene as Defendants, #11 First MOTION to Intervene in support of Federal Government Defendants filed by NATIONAL COUNCIL OF AGRICULTURE EMPLOYERS, PERI & SONS FARMS, INC.. (Schulte, Christopher) |
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MINUTE ORDER granting Plaintiff's #24 Motion for Leave to Appear Pro Hac Vice. Attorney Brad M. Johnston is hereby admitted pro hac vice to appear in this matter. Signed by Judge Timothy J. Kelly on 1/22/2019. (lctjk1)
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| Filing 25 NOTICE of Proposed Intervenors' Intention to File a Joint Opposition to Plaintiffs' Motion for Preliminary Injunction by Arnoldo Charles, Michael Cortez, Olegario Lopez, UNITED FARM WORKERS (Kirkpatrick, Michael) |
| Filing 24 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brad M. Johnston, :Firm- Johnston Law Offices, P.C., :Address- 22 State Route 208, Yerington, NV 89447. Phone No. - 775.463.9500. Fax No. - 775.463.4032 Filing fee $ 100, receipt number 0090-5896265. Fee Status: Fee Paid. by PERI & SONS FARMS, INC. (Attachments: #1 Exhibit Certificate of Good Standing)(Schulte, Christopher) |
| Filing 23 ENTERED IN ERROR.....NOTICE of Appearance by Bruce Goldstein on behalf of UNITED FARM WORKERS (Goldstein, Bruce); Modified on 1/24/2019 (tth). |
| Filing 22 ENTERED IN ERROR.....NOTICE of Appearance by Bruce Goldstein on behalf of UNITED FARM WORKERS (Goldstein, Bruce); Modified on 1/24/2019 (tth). |
| Filing 21 ENTERED IN ERROR.....NOTICE of Appearance by Bruce Goldstein on behalf of UNITED FARM WORKERS (Goldstein, Bruce); Modified on 1/24/2019 (tth). |
| Filing 20 ENTERED IN ERROR.....NOTICE of Appearance by Bruce Goldstein on behalf of UNITED FARM WORKERS (Goldstein, Bruce); Modified on 1/24/2019 (tth). |
| Filing 19 ENTERED IN ERROR.....NOTICE of Appearance by Bruce Goldstein on behalf of UNITED FARM WORKERS (Goldstein, Bruce); Modified on 1/24/2019 (tth). |
| Filing 18 ENTERED IN ERROR.....NOTICE of Appearance by Bruce Goldstein on behalf of UNITED FARM WORKERS (Goldstein, Bruce); Modified on 1/24/2019 (tth). |
| Filing 17 NOTICE of Appearance by Bruce Goldstein on behalf of UNITED FARM WORKERS (Goldstein, Bruce) |
| Filing 16 NOTICE of Appearance of Counsel Pursuant to Local Civil Rule 83.2(g) by Arnoldo Charles, Michael Cortez, Olegario Lopez (Attachments: #1 Declaration Tuddenham certification pursuant to LCvR 83.2(g), #2 Declaration Schell certification pursuant to LCvR 83.2(g), #3 Declaration Stevick certification pursuant to LCvR 83.2(g))(Kirkpatrick, Michael) |
| Filing 15 MOTION to Intervene as Defendants by Michael Cortez, Arnoldo Charles, Olegario Lopez (Attachments: #1 Declaration Charles, #2 Declaration Lopez, #3 Declaration Cortez, #4 Declaration Schell, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Text of Proposed Order)(Kirkpatrick, Michael) |
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MINUTE ORDER: It is hereby ORDERED that Plaintiffs shall respond to Movant United Farm Workers's #11 Motion to Intervene by January 22, 2019 and United Farm Workers shall file its reply, if any, to Plaintiffs' response by January 24, 2019. Signed by Judge Timothy J. Kelly on 1/15/2019. (lctjk1)
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| Filing 14 SUPPLEMENTAL MEMORANDUM re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by PERI & SONS FARMS, INC., NATIONAL COUNCIL OF AGRICULTURE EMPLOYERS by NATIONAL COUNCIL OF AGRICULTURE EMPLOYERS, PERI & SONS FARMS, INC.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Schulte, Christopher) Modified event title on 1/15/2019 (znmw). |
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MINUTE ORDER: Upon consideration of the parties' #13 Joint Proposed Briefing Schedule, it is hereby ORDERED that Plaintiffs shall file their supplemental declarations and supporting memorandum by January 14, 2019, Defendants shall file their opposition to Plaintiffs' motion by January 23, 2019, and Plaintiffs shall file their reply to Defendants' opposition by January 25, 2019. It is further ORDERED that a hearing on Plaintiffs' #2 Motion for Preliminary Injunction will be held on January 28, 2019 at 2:00 p.m. in Courtroom 11. Signed by Judge Timothy J. Kelly on 1/11/2019. (lctjk1)
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| Filing 13 PROPOSED BRIEFING SCHEDULE re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by NATIONAL COUNCIL OF AGRICULTURE EMPLOYERS, PERI & SONS FARMS, INC.. (Schulte, Christopher) |
| Filing 12 NOTICE of Appearance by Bruce Goldstein on behalf of UNITED FARM WORKERS (Goldstein, Bruce) |
| Filing 11 First MOTION to Intervene in support of Federal Government Defendants by UNITED FARM WORKERS (Attachments: #1 Memorandum in Support, #2 Declaration Decl. T. Romero., #3 Text of Proposed Order, #4 Supplement, #5 Certificate of Service)(Goldstein, Bruce) |
| Filing 10 CERTIFICATE OF SERVICE by NATIONAL COUNCIL OF AGRICULTURE EMPLOYERS, PERI & SONS FARMS, INC. re #6 Notice of Proposed Order, #3 Memorandum, #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction , #1 Complaint,, #7 Summons Issued Electronically as to AUSA . (Schulte, Christopher) |
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MINUTE ORDER: For the reasons stated on the record at yesterday's telephonic hearing, Plaintiffs' #2 Motion for Temporary Restraining Order is DENIED. Furthermore, as discussed during yesterday's telephonic hearing, Defendants' #8 Motion to Stay is DENIED WITHOUT PREJUDICE, in light of the allegations of irreparable harm in Plaintiffs' #2 Motion for Preliminary Injunction. It is further ORDERED that parties shall submit a joint proposed briefing schedule for Plaintiffs' #2 Motion for Preliminary Injunction by January 10, 2019. Signed by Judge Timothy J. Kelly on 1/9/2019. (lctjk1)
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| Filing 9 CERTIFICATE OF SERVICE by NATIONAL COUNCIL OF AGRICULTURE EMPLOYERS, PERI & SONS FARMS, INC. re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction , #6 Notice of Proposed Order, #3 Memorandum, #1 Complaint,, #7 Summons Issued Electronically as to AUSA . (Schulte, Christopher) |
| Filing 8 MOTION to Stay in Light of Lapse of Appropriations by R. ALEXANDER ACOSTA, MOLLY E. CONWAY, BRYAN JARRETT (Goldsmith, Aaron) |
| Filing 7 SUMMONS (5) Issued Electronically as to R. ALEXANDER ACOSTA, MOLLY E CONWAY, BRYAN JARRETT, U.S. Attorney and U.S. Attorney General (Attachments: #1 Notice and Consent)(zef, ) |
| Filing 6 NOTICE of Proposed Order by NATIONAL COUNCIL OF AGRICULTURE EMPLOYERS, PERI & SONS FARMS, INC. re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order)(Schulte, Christopher) |
| Case Assigned to Judge Timothy J. Kelly. (zef, ) |
| Minute Entry for proceedings held before Judge Timothy J. Kelly: Motion Hearing held on 1/8/2019 re #2 MOTION for Temporary Restraining Order AND re #8 MOTION to Stay in Light of Lapse of Appropriations. #2 Motion for Temporary Restraining Order DENIED, for reasons stated on the record. #8 MOTION to Stay DENIED, for reasons stated on the record. Order to be issued by the court. Proposed Briefing Schedule due by 1/10/2019. (Court Reporter: Timothy Miller)(kh) |
| Filing 5 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL COUNCIL OF AGRICULTURE EMPLOYERS, PERI & SONS FARMS, INC. (Schulte, Christopher) |
| Filing 4 NOTICE of Appearance by Christopher J. Schulte on behalf of NATIONAL COUNCIL OF AGRICULTURE EMPLOYERS, PERI & SONS FARMS, INC. (Schulte, Christopher) |
| Filing 3 MEMORANDUM re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by PERI & SONS FARMS, INC., NATIONAL COUNCIL OF AGRICULTURE EMPLOYERS by NATIONAL COUNCIL OF AGRICULTURE EMPLOYERS, PERI & SONS FARMS, INC.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Schulte, Christopher) |
| Filing 2 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by NATIONAL COUNCIL OF AGRICULTURE EMPLOYERS, PERI & SONS FARMS, INC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Schulte, Christopher) |
| Filing 1 COMPLAINT FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION against All Plaintiffs ( Filing fee $ 400 receipt number 0090-5874541) filed by PERI & SONS FARMS, INC., NATIONAL COUNCIL OF AGRICULTURE EMPLOYERS. (Attachments: #1 Exhibit 2019 AEWR Notice, #2 Exhibit 2018 AEWR Notice, #3 Exhibit DOL AEWR Trends, #4 Exhibit Johnston Declaration, #5 Exhibit Marsh Declaration, #6 Exhibit 2008 H-2A NPRM, #7 Exhibit Kluth Declaration, #8 Civil Cover Sheet, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons)(Schulte, Christopher) |
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