EVERGLADES HARVESTING AND HAULING, INC. et al v. SCALIA et al
| FLORIDA CITRUS MUTUAL, FLORIDA FRUIT AND VEGETABLE ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, STATEWIDE HARVESTING AND HAULING, LLC and EVERGLADES HARVESTING AND HAULING, INC. |
| EUGENE SCALIA and JOHN P. PALLASCH |
| JOHN P PALLASCH |
| 1:2019cv03291 |
| October 31, 2019 |
| US District Court for the District of Columbia |
| Richard J Leon |
| Administrative Procedure Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 16, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Bond received in the amount of $ 300.00, receipt number: 26M6QMFT pursuant to #16 ORDER. (zrdj) |
Filing 16
ORDER. For the reasons set forth in the accompanying Memorandum Opinion, it is this 16th day of December, 2019, hereby ORDERED that #5 Plaintiffs' Motion for Preliminary Injunction is hereby GRANTED. Accordingly, it is ORDERED that, within seven days of this Order, defendants shall have an Office of Foreign Labor Certification Certifying Officer ("CO") re-review each of the qualifying H-2A applications. It is further ORDERED that for any qualifying H-2A applications currently in the administrative review process, a CO will re-review such applications pursuant to the terms of this Order within seven days of that administrative review being completed or the application being remanded to the CO by the administrative law judge. It is further ORDERED that, when conducting their re-review, the CO will determine whether or not the majority of the duties for each worker listed on the application would qualify as "agricultural labor or services," and if so, will deem that application to have satisfied the requirement that TLCs be granted for "agricultural labor or services." It is further ORDERED that, in reviewing job duties, the CO will treat hauling incident to harvesting that occurs on the site of a farm (or farms) as "agricultural labor or services." It is further ORDERED that, should any qualifying H-2A applications once again be found deficient, the CO will follow the procedure specified in 20 C.F.R. 655.143. It is further ORDERED that, should any qualifying H-2A applications be denied, the ALCs will have the same opportunity for administrative review accorded to all applicants under the Department of Labor's regulations. It is further ORDERED that, throughout this administrative review process, the Secretary of Labor and his designees shall be bound by the terms of this Order. It is further ORDERED that, in accordance with Federal Rule of Civil Procedure 65(d), Defendants shall provide actual notice of the Order to those specified in the Order. It is further ORDERED that, pursuant to Rule 65(c), Plaintiffs shall post bond with the Clerk of this Court in the amount of $300. SO ORDERED. Signed by Judge Richard J. Leon on 12/16/2019. (See Order for full details, including definition of "qualifying H-2A application") (lcrjl3)
|
| Filing 15 MEMORANDUM OPINION. Signed by Judge Richard J. Leon on 12/16/2019. (lcrjl3) |
| Filing 14 SUPPLEMENTAL MEMORANDUM to re #5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by EVERGLADES HARVESTING AND HAULING, INC., FLORIDA CITRUS MUTUAL, FLORIDA FRUIT AND VEGETABLE ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, STATEWIDE HARVESTING AND HAULING, LLC. (Schulte, Christopher) |
| Minute Entry for proceedings held before Judge Richard J. Leon: Hearing held on 11/21/2019. Oral argument heard by the Court regarding #5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by FLORIDA FRUIT AND VEGETABLE ASSOCIATION, FLORIDA CITRUS MUTUAL, EVERGLADES HARVESTING AND HAULING, INC., NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, STATEWIDE HARVESTING AND HAULING, LLC. (Court Reporter William Zaremba.) (tg) |
| Filing 13 ERRATA by EVERGLADES HARVESTING AND HAULING, INC., FLORIDA CITRUS MUTUAL, FLORIDA FRUIT AND VEGETABLE ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, STATEWIDE HARVESTING AND HAULING, LLC #12 Reply to opposition to Motion, filed by FLORIDA FRUIT AND VEGETABLE ASSOCIATION, FLORIDA CITRUS MUTUAL, EVERGLADES HARVESTING AND HAULING, INC., NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, STATEWIDE HARVESTING AND HAULING, LLC. (Attachments: #1 Exhibit Wilkes Declaration & Exhibit)(Schulte, Christopher) |
| Filing 12 REPLY to opposition to motion re #5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by EVERGLADES HARVESTING AND HAULING, INC., FLORIDA CITRUS MUTUAL, FLORIDA FRUIT AND VEGETABLE ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, STATEWIDE HARVESTING AND HAULING, LLC. (Attachments: #1 Exhibit Carlton Dec, #2 Exhibit Meador Dec)(Schulte, Christopher) |
| Filing 11 ERRATA by JOHN P. PALLASCH, EUGENE SCALIA re #10 Response to motion (Attachments: #1 Exhibit ATP Agri-Services, Inc., 2019-TLC-00050 (May 17, 2019))(Goldsmith, Aaron) Modified on 11/20/2019 to correct event/docket text(eg). |
| Filing 10 RESPONSE re #5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by JOHN P. PALLASCH, EUGENE SCALIA. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Goldsmith, Aaron) |
| Filing 9 NOTICE of Appearance by Aaron S. Goldsmith on behalf of All Defendants (Goldsmith, Aaron) |
| NOTICE OF CORRECTED DOCKET ENTRY: The Courtroom Number listed in the Minute Entry dated 11/7/2019, was incorrectly listed as Courtroom 10. The parties shall take notice that the Oral Argument Hearing scheduled for November 21, 2019, shall be held in Courtroom 18, before Judge Richard J. Leon. (tg) |
| Minute Entry for proceedings held before Judge Richard J. Leon: Motion Hearing held on 11/7/2019 re #5 Motion for Temporary Restraining Order and Preliminary Injunction. The Plaintiff's Motion for Temporary Restraining Order has been denied for the reasons stated on the record. The briefing schedule for the Plaintiff's Motion for Preliminary Injunction is as follows: Government's Brief due by 11/18/2019, Reply Brief due by 11/20/2019, Oral Argument set for 11/21/2019 at 3:00 PM in Courtroom 18 before Judge Richard J. Leon. (Court Reporter: Cathryn Jones) (zjd) Modified Courtroom Number on 11/13/2019 (tg). |
| Filing 8 NOTICE of Appearance by Christopher Charles Hair on behalf of All Defendants (Hair, Christopher) |
| Filing 7 NOTICE of Proposed Order by EVERGLADES HARVESTING AND HAULING, INC., FLORIDA CITRUS MUTUAL, FLORIDA FRUIT AND VEGETABLE ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, STATEWIDE HARVESTING AND HAULING, LLC re #5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (Attachments: #1 Text of Proposed Order TRO, #2 Text of Proposed Order PI)(Schulte, Christopher) |
| Filing 6 MEMORANDUM re #5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by FLORIDA FRUIT AND VEGETABLE ASSOCIATION, FLORIDA CITRUS MUTUAL, EVERGLADES HARVESTING AND HAULING, INC., NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, STATEWIDE HARVESTING AND HAULING, LLC by EVERGLADES HARVESTING AND HAULING, INC., FLORIDA CITRUS MUTUAL, FLORIDA FRUIT AND VEGETABLE ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, STATEWIDE HARVESTING AND HAULING, LLC. (Schulte, Christopher) |
| Filing 5 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by EVERGLADES HARVESTING AND HAULING, INC., FLORIDA CITRUS MUTUAL, FLORIDA FRUIT AND VEGETABLE ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, STATEWIDE HARVESTING AND HAULING, LLC (Attachments: #1 Exhibit Meador Declaration, #2 Exhibit Carlton Declaration, #3 Exhibit Marsh Declaration)(Schulte, Christopher) |
| Set/Reset Hearings: Motion Hearing scheduled for 11/7/2019, at 4:30 PM in Courtroom 18 before Judge Richard J. Leon. (tg) |
|
MINUTE ORDER. It is hereby ORDERED that a hearing on #5 Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction shall be held on Thursday, November 7, 2019 at 4:30 PM in Courtroom 18 before Judge Richard J. Leon. SO ORDERED. Signed by Judge Richard J. Leon on 11/6/19. (lcrjl3)
|
| Filing 4 SUMMONS (4) Issued Electronically as to JOHN P PALLASCH, EUGENE SCALIA, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(zmc) |
| Case assigned to Judge Richard J. Leon. (zmc) |
| Filing 3 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by EVERGLADES HARVESTING AND HAULING, INC., FLORIDA CITRUS MUTUAL, FLORIDA FRUIT AND VEGETABLE ASSOCIATION, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS, STATEWIDE HARVESTING AND HAULING, LLC (Schulte, Christopher) (Main Document 3 replaced on 11/1/2019) (zeg). |
| Filing 2 NOTICE of Appearance by Christopher J. Schulte on behalf of All Plaintiffs (Schulte, Christopher) (Main Document 2 replaced on 11/1/2019) (zeg). |
| Filing 1 COMPLAINT against JOHN P PALLASCH, EUGENE SCALIA ( Filing fee $ 400 receipt number ADCDC-6495717) filed by FLORIDA CITRUS MUTUAL, EVERGLADES HARVESTING AND HAULING, INC., FLORIDA FRUIT AND VEGETABLE ASSOCIATION, STATEWIDE HARVESTING AND HAULING, LLC, NATIONAL COUNCIL OF AGRICULTURAL EMPLOYERS. (Attachments: #1 Civil Cover Sheet, #2 Summons Scalia, #3 Summons Pallasch, #4 Summons Barr, #5 Summons Liu, #6 Exhibit A)(Schulte, Christopher) |
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 District Of Columbia 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.
