FARM LABOR ORGANIZING COMMITTEE et al V. ROY COOPER, ET AL.
| FARM LABOR ORGANIZING COMMITTEE, VICTOR TOLEDO VENCES and VALENTIN ALVARADO HERNANDEZ |
| ROY COOPER and MARION R. WARREN |
| 1:2017cv01037 |
| November 15, 2017 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Alamance |
| UNASSIGNED |
| L. PATRICK AULD |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
162
ORDER signed by JUDGE LORETTA C. BIGGS on 09/15/2021, that the Court therefore adopts the Magistrate Judge's Recommendation. ORDERED that: (1) Defendant, acting in his official capacity as Attorney General, and Defendant's officers, agents, servants, employees, and attorneys, and those persons acting in active concert or participation with him, or under his supervision, are PERMANENTLY ENJOINED from threatening to enforce, taking any action to enfor ce, and/or enforcing Section 20.5 of the Farm Act insofar as it declares that any provision that directly or indirectly conditions the terms of an agreement not to sue or to settle litigation upon an agricultural producer's status as a union or nonunion employer or entry into or refusal to enter into an agreement with a labor union or labor organization is invalid and unenforceable as against public policy in restraint of trade or commerce in the State of North Carolina; (2) Defendant SHA LL assume control over and terminate any prosecutions for violation of the Settlement Clause as soon as Defendant learns of the initiation of any such prosecution; and (3) Defendant SHALL promptly provide notice and a copy of this Order to (A) his employees; (B) those under his supervision; (C) any other persons who are in active concert or participation with Defendant, his employees, or those under his supervision; and (D) the Commissioner of Labor and the district attorneys for each prosecutorial district of North Carolina as defined in North Carolina General Statute Section 7A-60(a)-(a1). FURTHER ORDERED that the Court's preliminary injunction is DISSOLVED.(Taylor, Abby)
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Filing
155
MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 08/18/2021. Plaintiffs have established the propriety of declaratory and permanent injunctive relief regarding the Settlement Provision, but the Court should dissolve its preliminary injunction. RECOMMENDED that the Court issue an order and judgment as set out herein.(Taylor, Abby)
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Filing
141
ORDER signed by JUDGE LORETTA C. BIGGS on 03/30/2021, that Defendant's Motion, (ECF No. 106 ), and Plaintiffs' Motion, (ECF No. 108 ), are GRANTED IN PART and DENIED IN PART as follows: summary judgment is awarded Plaintiffs on their claims that the Settlement Provision violates their first-amendment and (first-amendment-related) equal-protection rights, but summary judgment is awarded Defendant on Plaintiffs' remaining claims. FURTHER ORDER ED that, on or before April 20, 2021, Plaintiffs shall file a memorandum addressing the appropriateness and scope of the permanent injunction (and any other relief) they seek, to which Defendant may respond on or before May 11, 2021, after which Plaintiffs may file a reply on or before May 25, 2021.(Taylor, Abby)
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Filing
124
MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 02/25/2021, that Defendant's Motion (Docket Entry 106 ) and Plaintiffs' Motion (Docket Entr y 108 ) be granted in part and denied in part as follows: the Court should enter summary judgment for Plaintiffs on their claims that the Settlement Provision violates their first-amendment and (first-amendment related) equal-protection rights, but the Court should enter summary judgment for Defendant on Plaintiffs' remaining claims.(Taylor, Abby)
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Filing
80
ORDER signed by JUDGE LORETTA C. BIGGS on 06/18/2019, that the Motion for Reconsideration by North Carolina Farm Bureau Federation, Inc., (ECF No. 64 ), is DENIED.(Taylor, Abby)
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Filing
75
MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 05/17/2019, that the Court deny the Reconsideration Motion (Docket Entry 64 ). (Taylor, Abby)
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Filing
62
ORDER signed by JUDGE LORETTA C. BIGGS on 09/20/2018, that the Warren Dismissal Motion, (ECF No. 39 ), is GRANTED; the Stein Dismissal Motion, (ECF No. 44 ), is DENIED; the Intervention Motion, (ECF No. 21 ), is DENIED; and the Preliminary Injunction Motion, (ECF No. 34 ), is GRANTED as follows: Defendant Stein is enjoined from enforcing the Farm Act and the security requirement is waived.(Taylor, Abby)
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Filing
56
MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 08/21/2018, that the Court grant the Warren Dismissal Motion (Docket Entry 39 ). FURTHER that the Court deny the Stein Dismissal Motion (Docket Entry 44 ). FURTHER that the Court deny the Intervention Motion (Docket Entry 21 ). FURTHER that the Court grant the Preliminary Injunction Motion (Docket Entry 34 ) by enjoining Stein from enforcing the Farm Act and waiving the security requirement.(Taylor, Abby)
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