Florida Growers Association, Inc. et al v. Su et al
Florida Growers Association, Inc., National Council of Agricultural Employers, Florida Citrus Mutual, Florida Fruit and Vegetable Association, G&F Farms, LLC and Franberry Farms, LLC |
Acting Sec. Labor Julie A. Su, Prin. Dep. Asst. Sec Brent Parton, Admin Empl Train Brian Pasternak, Act Admin Wage Hour Jessica Looman, Julie A. Su, Brent Parton, Brian Pasternak and Jessica Looman |
James Simpson, Stephanus De Klerk and Farmworker Justice |
8:2023cv00889 |
April 21, 2023 |
US District Court for the Middle District of Florida |
Charlene Edwards Honeywell |
Christopher P Tuite |
Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
05 U.S.C. § 0702 Administrative Procedure Act |
None |
Docket Report
This docket was last retrieved on March 29, 2024. A more recent docket listing may be available from PACER.
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Filing 51 RESPONSE re #43 Memorandum in support, 50 Order #16 Time Sensitive MOTION for Preliminary Injunction filed by Jessica Looman, Brent Parton, Brian Pasternak, Julie A. Su. (Press, Joshua) |
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Filing 46 MOTION to Strike #45 Supplement Statement of Facts by All Plaintiffs. (Dankelman, Ian) Motions referred to Magistrate Judge Christopher P. Tuite. |
Filing 45 ***STRICKEN PER ORDER 47*** SUPPLEMENT re #44 Supplement Defendants' Supplemental Statement of Facts by Jessica Looman, Brent Parton, Brian Pasternak, Julie A. Su. (Press, Joshua) Modified text on 6/6/2023 (MCB). |
Filing 44 SUPPLEMENT re #16 Time Sensitive MOTION for Preliminary Injunction by Jessica Looman, Brent Parton, Brian Pasternak, Julie A. Su. (Press, Joshua) Modified text on 6/5/2023 (MCB). |
Filing 43 MEMORANDUM in support re #16 Motion for Preliminary Injunction 32 Order, filed by Florida Citrus Mutual, Florida Fruit and Vegetable Association, Florida Growers Association, Inc., Franberry Farms, LLC, G&F Farms, LLC, National Council of Agricultural Employers. (Dankelman, Ian) |
Filing 42 MOTION to Supplement #22 Response in Opposition to Motion, #30 Motion Hearing, Regarding Plaintiffs' Article III Standing by All Defendants. (Press, Joshua) |
Filing 41 Joint MOTION for Extension of Time to File Joint Submission of Facts by All Defendants. (Press, Joshua) Motions referred to Magistrate Judge Christopher P. Tuite. |
Filing 40 TRANSCRIPT of motion hearing held on May 23, 2023 before Judge Christopher P. Tuite. Court Reporter/Transcriber: David J. Collier. Email address: david_collier@flmd.uscourts.gov. Telephone number: (813) 301-5575. NOTICE TO THE PARTIES - The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such notice is filed, the transcript may be made remotely available to the public without redaction after ninety (90) calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 6/23/2023. Redacted Transcript Deadline set for 7/3/2023. Release of Transcript Restriction set for 8/31/2023. (DJC) |
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Filing 36 Unopposed MOTION for Peter A. Murray to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20876163 for $150 by Stephanus De Klerk. (Schell, Gregory) Motions referred to Magistrate Judge Christopher P. Tuite. |
Filing 35 Unopposed MOTION for Michael T. Kirkpatrick to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20876107 for $150 by Stephanus De Klerk, Farmworker Justice, James Simpson. (Schell, Gregory) Motions referred to Magistrate Judge Christopher P. Tuite. |
Filing 34 Unopposed MOTION for Douglas L. Stevick to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20873851 for $150 by James Simpson. (Schell, Gregory) Motions referred to Magistrate Judge Christopher P. Tuite. |
Filing 33 RESPONSE in Opposition re #16 Time Sensitive MOTION for Preliminary Injunction of amici curiae filed by Stephanus De Klerk, Farmworker Justice, James Simpson. (Attachments: #1 Exhibit A - Florida Growers Ass'n job order - farm mechanics (Aug 17, 2022 - May 30, 2023), #2 Exhibit B - Florida Growers Ass'n job order - farm mechanics (August 12, 2022 - May 30, 2023), #3 Exhibit C - Florida Growers Ass'n job order - heavy truck drivers (Sep 12, 2022 - May 30, 2023), #4 Exhibit D - Florida Growers Ass'n job order - heavy truck drivers (Oct 10, 2022 - May 30, 2023), #5 Exhibit E - Everglades Harvesting, Inc. - first line supervisors (Sep 12, 2022 - May 30, 2023), #6 Exhibit F - ATP Agri-Services, Inc. - heavy truck drivers (Sep 25, 2022 - July 24, 2023), #7 Exhibit G - ATP Agri-Services, Inc. job order - crop workers (Nov 25, 2022 - June 1, 2023), #8 Exhibit H - ATP Agri-Services, Inc. job order - H-2B heavy truck drivers (Oct 23, 2022 - June 30, 2023), #9 Exhibit I - ATP Agri-Services, Inc. job order - H-2B heavy truck drivers (Nov 15, 2022 - May 31, 2023), #10 Exhibit J - VAGA v Donovan (WD Va) - Temporary injunction order for 1985 (April 26, 1985), #11 Exhibit K - FCFGA v Brock (WD Va) - Temporary restraining order (Dec 17, 1985), #12 Exhibit L -Tri-County Growers v Brock (ND WVa) - Temporary restraining order (August 28, 1985))(Schell, Gregory) |
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Filing 30 Minute Entry. Virtual Proceedings held before Magistrate Judge Christopher P. Tuite: MOTION HEARING held on 5/23/2023 re #16 Time Sensitive MOTION for Preliminary Injunction filed by G&F Farms, LLC, Florida Fruit and Vegetable Association, Florida Citrus Mutual, National Council of Agricultural Employers, Florida Growers Association, Inc., Franberry Farms, LLC. (Digital) (AMS) |
Filing 29 NOTICE of Lead Counsel Designation by Ian James Dankelman on behalf of Florida Citrus Mutual, Florida Fruit and Vegetable Association, Florida Growers Association, Inc., Franberry Farms, LLC, G&F Farms, LLC, National Council of Agricultural Employers. Lead Counsel: Christopher J. Schulte. (Dankelman, Ian) |
Filing 28 NOTICE by Stephanus De Klerk, Farmworker Justice, James Simpson re #23 MOTION for Leave to File Amicus Brief (Attachments: #1 Exhibit A - Florida Growers Ass'n job order - farm mechanics (Aug 17, 2022 - May 30, 2023), #2 Exhibit B - Florida Growers Ass'n job order - farm mechanics (Sep 12, 2022 - May 30, 2023), #3 Exhibit C - Florida Growers Ass'n job order - heavy truck drivers (Sep 12, 2022 - May 30, 2023), #4 Exhibit D - Florida Growers Ass'n job order - heavy truck drivers (Oct 10, 2022 - May 30, 2023), #5 Exhibit E - Everglades Harvesting, Inc. job order - first-line supervisors (Sep 12, 2022 - May 30, 2023), #6 Exhibit F - ATP Agri-Services, Inc. job order - heavy truck drivers (Sep 25, 2022 - July 24, 2023), #7 Exhibit G - ATP Agri-Services job order - crop workers (Nov 25, 2022 - June 1, 2023), #8 Exhibit H - ATP Agri-Services, Inc. job order - H-2B heavy truck drivers (Oct 23, 2022 - June 30, 2022), #9 Exhibit I - ATP Agri-Services, Inc. - H-2B heavy truck drivers (Nov 15, 2022 - May 31, 2023), #10 Exhibit J - VAGA v Donovan, temporary injunction order for 2015 (WD Va Apr 26, 1985), #11 Exhibit K - FCFGA v Brock, temporary restraining order (WD Va, Dec 17, 1985), #12 Exhibit L - Tri-County Growers v Brock, temporary restraining order (ND WVa, Aug 28, 1985))(Schell, Gregory) |
Filing 27 NOTICE of Lead Counsel Designation by Joshua S. Press on behalf of Jessica Looman, Brent Parton, Brian Pasternak, Julie A. Su. Lead Counsel: Joshua S. Press. (Press, Joshua) |
Filing 26 NOTICE of Lead Counsel Designation by Gregory Scott Schell on behalf of Stephanus De Klerk, Farmworker Justice, James Simpson. Lead Counsel: Gregory S. Schell. (Schell, Gregory) |
Filing 25 NOTICE to counsel of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (AG) |
Filing 24 NOTICE TO COUNSEL Douglas L. Stevick, Michael T. Kirkpatrick and Peter Murray Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee. (Signed by Deputy Clerk). (AG) |
Filing 23 MOTION for Leave to File Amicus Brief by Stephanus De Klerk, Farmworker Justice, James Simpson. (Attachments: #1 Brief of Amici Curiae)(AG) |
Filing 22 RESPONSE in Opposition re #16 Time Sensitive MOTION for Preliminary Injunction filed by Jessica Looman, Brent Parton, Brian Pasternak, Julie A. Su. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Press, Joshua) |
Filing 21 NOTICE OF HEARING re: #16 Plaintiffs' Time-Sensitive Motion for Preliminary Injunction. Oral argument on Plaintiffs' motion is set for May 23, 2023, at 10:00 a.m. before Magistrate Judge Christopher P. Tuite via Zoom videoconference. All pertinent parties will receive a Zoom videoconference invitation by separate email. Each person who participates in the proceeding must attend using his or her own device so that he or she appears on a separate screen during the videoconference. (WFM) |
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Filing 19 Joint MOTION for Extension of Time to File Response/Reply as to #16 Time Sensitive MOTION for Preliminary Injunction by All Defendants. (Press, Joshua) Motions referred to Magistrate Judge Christopher P. Tuite. |
Filing 18 NOTICE of Appearance by Joshua S. Press on behalf of Jessica Looman, Brent Parton, Brian Pasternak, Julie A. Su (Press, Joshua) |
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Filing 16 Time Sensitive MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: #1 Supplement, #2 Exhibit 1 - Schulte Declaration, #3 Exhibit 2 - Marsh Declaration, #4 Exhibit 3 - DOL Approved Contract, #5 Exhibit 4 - Farmworkers SOC Code, #6 Exhibit 5 - Livestock SOC Code, #7 Exhibit 6 - LA Times, #8 Exhibit 7 - G. M. Joyner Declaration, #9 Exhibit 8 - Williamson Declaration, #10 Exhibit 9 - Meador Declaration, #11 Exhibit 10 - AEWR Final Rule, #12 Exhibit 11 - AEWR Webinar, #13 Exhibit 12 - M. Joyner Declaration, #14 Exhibit 13 - Complaint, #15 Exhibit 14 - Proposed Order)(Dankelman, Ian) |
Filing 15 CERTIFICATE of interested persons and corporate disclosure statement by Florida Citrus Mutual, Florida Fruit and Vegetable Association, Florida Growers Association, Inc., Franberry Farms, LLC, G&F Farms, LLC, National Council of Agricultural Employers identifying Corporate Parent Florida Citrus Mutual, Other Affiliate Ian James Dankelman, Other Affiliate Christopher J. Schulte, Other Affiliate Brad M. Johnston, Other Affiliate Smith Gambrell Russell LLP, Other Affiliate Simons Hall Johnston PC for Florida Citrus Mutual; Corporate Parent Florida Growers Association, Inc., Other Affiliate Ian James Dankelman, Other Affiliate Christopher J. Schulte, Other Affiliate Brad M. Johnston, Other Affiliate Smith Gambrell Russell LLP, Other Affiliate Simons Hall Johnston PC for Florida Growers Association, Inc.; Corporate Parent G&F Farms, LLC, Other Affiliate Ian James Dankelman, Other Affiliate Christopher J. Schulte, Other Affiliate Brad M. Johnston, Other Affiliate Smith Gambrell Russell LLP, Other Affiliate Simons Hall Johnston PC for G&F Farms, LLC; Corporate Parent National Council of Agricultural Employers, Other Affiliate Ian James Dankelman, Other Affiliate Christopher J. Schulte, Other Affiliate Brad M. Johnston, Other Affiliate Smith Gambrell Russell LLP, Other Affiliate Simons Hall Johnston PC for National Council of Agricultural Employers; Corporate Parent Florida Fruit and Vegetable Association, Other Affiliate Ian James Dankelman, Other Affiliate Christopher J. Schulte, Other Affiliate Brad M. Johnston, Other Affiliate Smith Gambrell Russell LLP, Other Affiliate Simons Hall Johnston PC for Florida Fruit and Vegetable Association; Corporate Parent Franberry Farms, LLC, Other Affiliate Ian James Dankelman, Other Affiliate Christopher J. Schulte, Other Affiliate Brad M. Johnston, Other Affiliate Smith Gambrell Russell LLP, Other Affiliate Simons Hall Johnston PC for Franberry Farms, LLC. (Dankelman, Ian) |
Filing 14 NOTICE of a related action per Local Rule 1.07(c) by Florida Citrus Mutual, Florida Fruit and Vegetable Association, Florida Growers Association, Inc., Franberry Farms, LLC, G&F Farms, LLC, National Council of Agricultural Employers. Related case(s): Yes (Dankelman, Ian) |
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Filing 11 AMENDED MOTION for Brad M. Johnston to appear pro hac vice by Florida Citrus Mutual, Florida Fruit and Vegetable Association, Florida Growers Association, Inc., Franberry Farms, LLC, G&F Farms, LLC, National Council of Agricultural Employers. (AG) Motions referred to Magistrate Judge Christopher P. Tuite. Modified text on 4/28/2023 (AG). |
Filing 10 AMENDED MOTION for Christopher J. Schulte to appear pro hac vice by Florida Citrus Mutual, Florida Fruit and Vegetable Association, Florida Growers Association, Inc., Franberry Farms, LLC, G&F Farms, LLC, National Council of Agricultural Employers. (AG) Motions referred to Magistrate Judge Christopher P. Tuite. |
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Filing 7 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (BGS) |
Filing 6 NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District or elsewhere. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (BGS) |
Filing 5 SUMMONS issued as to Jessica Looman, Brent Parton, Brian Pasternak, Julie A. Su. (MCB) |
Filing 4 NEW CASE ASSIGNED to Judge Charlene Edwards Honeywell and Magistrate Judge Christopher P. Tuite. New case number: 8:23-cv-889-CEH-CPT. Motion(s) REFERRED: #2 MOTION for Christopher J. Schulte to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20754106 for $150 , #3 MOTION for Brad M. Johnston to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20754113 for $150 . Motion(s) referred to Magistrate Judge Christopher P. Tuite. (ARC) |
Filing 3 MOTION for Brad M. Johnston to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20754113 for $150 by All Plaintiffs. (Attachments: #1 Exhibit A Certification of B. Johnston, #2 Text of Proposed Order Granting Motion to Appeal PHV to B. Johnston)(Dankelman, Ian) |
Filing 2 MOTION for Christopher J. Schulte to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20754106 for $150 by All Plaintiffs. (Attachments: #1 Affidavit Certification of C. Schulte, #2 Text of Proposed Order Granting Motion PHV to C. Schulte)(Dankelman, Ian) |
Filing 1 COMPLAINT against All Defendants (Filing fee $402 receipt number AFLMDC-20754082) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 to Complaint, #3 Exhibit 2 to Complaint, #4 Exhibit 3 to Complaint, #5 Exhibit 4 to Complaint, #6 Exhibit 5 to Complaint, #7 Exhibit 6 to Complaint, #8 Exhibit 7 to Complaint, #9 Proposed Summons to Julie A. Su, #10 Proposed Summons to Brent Parton, #11 Proposed Summons to Brian Pasternak, #12 Proposed Summons Jessica Looman)(Dankelman, Ian) |
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