COMITE DE APOYO A LOS TRABAJADORES AGRICOLAS et al v. SOLIS et al
| COMITE DE APOYO A LOS TRABAJADORES AGRICOLAS, PINEROS Y CAMPESINOS UNIDOS DEL NOROESTE, ALLIANCE OF FOREST WORKERS AND HARVESTERS and SALVADOR MARTINEZ BARRERA |
| ELAINE L. CHAO, UNITED STATES DEPARTMENT OF LABOR, ALEXANDER J. PASSANTINO, MICHAEL B. CHERTOFF and UNITED STATES DEPARTMENT OF HOMELAND SECURITY |
| 2:2009cv00240 |
| January 18, 2009 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Chester |
| LOUIS H. POLLAK |
| Other Statutes: Other Statutory Actions |
| 05 U.S.C. ยง 702 Administrative Procedure Act |
| None |
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Filing
199
MEMORANDUM AND ORDER THAT "PLAINTIFFS' MOTION TO COMPEL FURTHER COMPLIANCE WITH THE JUDGMENT" (NO. 09-240, DOC.NO.194) IS DENIED. "PLAINTIFFS' MOTION FOR A TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT INJUNCTIVE REL IEF" (NO.09-240, DOC.NO.175) IS DENIED AS MOOT. "DEFENDANTS' MOTION FOR A PROTECTIVE ORDER" (NO.09-240, DOC.NO.189) IS WITHDRAWN. IT IS FURTHER ORDERED THAT THIS ACTION IS DISMISSED WITHOUT PREJUDICE. THE COURT RETAINS JURISDICTIO N OVER PLAINTIFFS' OUTSTANDING CLAIMS UNDER FRCP 54(D)(2) AND THE EQUAL ACCESS TO JUSTICE ACT, 28 USC:2412(D) FOR ATTORNEYS' FEES AND COSTS. THE CLERK OF COURT IS DIRECTED TO MARK THIS ACTION CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE LEGROME D. DAVIS ON 9/10/14. 9/11/14 ENTERED & E-MAILED.(fdc)
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Filing
169
MEMORANDUM AND ORDER THAT PLAINTIFF'S MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF [#152] IS GRANTED IN PART AND DENIED IN PART. PLAINTIFFS' MOTION FOR PERMANENT INJUNCTIVE RELIEF IS GRANTED. THE 2008 WAGE RULE, 73 FED. REG. 78020-01, 78056 (AS CODIFIED AT 20 CFR:655.10(b)(2))(DEC.19,2008), IS VACATED AND REMANDED TO THE DEPARTMENT OF LABOR. PLAINTIFF'S MOTION FOR A TEMPORARY RESTRAINING ORDER AND FOR PRELIMINARY INJUNCTIVE RELIEF IS DENIED AS MOOT. THE DEPARTMENT OF LABOR SHALL COME INTO COMPLIANCE WITH THIS ORDER WITHIN THIRTY (30) DAYS. SIGNED BY HONORABLE LEGROME D. DAVIS ON 3/21/13. 3/21/13 ENTERED & E-MAILED.[fdc]
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Filing
123
MEMORANDUM AND ORDER THAT THE REMAINDER OF PLAINTIFFS' MOTION TO ENFORCE IS DENIED [A PORTION OF PLAINTIFFS' MOTION TO ENFORCE WAS ADDRESSED IN THIS COURT'S MEMORANDUM AND ORDER OF 6/16/11 - DKTS. 119,120]. SIGNED BY HONORABLE LOUIS H. POLLAK ON 7/18/11. 7/20/11 ENTERED AND COPIES E-MAILED.(fdc)
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Filing
120
MEMORANDUM AND ORDER THAT THE 1/1/12 EFFECTIVE DATE OF THE DEPARTMENT OF LABOR'S WAGE METHODOLOGY FOR THE TEMPORARY NON-AGRICULTURAL EMPLOYMENT H-2B PROGRAM, 76 FED. REG. 3452 (1/19/11),("THE WAGE RULE") IS VACATED. THE REMAINDER OF TH E WAGE RULE HAS NOT BEEN CHALLENGED AND REMAINS UNDISTURBED. THE COURT WILL EXPECT THAT, WITHIN FORTY-FIVE (45) DAYS, THE DOL WILL - IN COMPLIANCE WITH THE ADMINISTRATIVE PROCEDURE ACT, THE IMMIGRATION AND NATIONALITY ACT, AND THIS COURT'S ORDERS - ANNOUNCE A NEW EFFECTIVE DATE. THIS MATTER IS REMANDED TO THE DEPARTMENT OF LABOR FOR FURTHER PROCEEDINGS. SIGNED BY HONORABLE LOUIS H. POLLAK ON 6/15/11. 6/16/11 ENTERED AND COPIES E-MAILED.(fdc)
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Filing
98
MEMORANDUM AND ORDER THAT THE REMAINING COMPONENT OF PLAINTIFFS' MOTION, WHICH ASKS THIS COURT TO ORDER THE DOL TO ISSUE CONDITIONAL LABOR CERTIFICATIONS, IS DENIED. SIGNED BY HONORABLE LOUIS H. POLLAK ON 11/24/10. 11/24/10 ENTERED AND COPIES MAILED, E-MAILED.(fdc)
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Filing
81
MEMORANDUM AND ORDER THAT PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFFS' MOTION TO SUPPLEMENT THE ADMINISTRATIVE RECORD AND TAKE JUDICIAL NOTICE I S GRANTED IN PART, DENIED IN PART, AND DISMISSED AS MOOT IN PART. PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION IS DISMISSED AS MOOT; AND DEFENDANTS' MOTION TO STRIKE CERTAIN AFFIDAVITS IS DENIED IN PART AND DISMISSED AS MOOT IN PART. SIGNED BY HONORABLE LOUIS H. POLLAK ON 8/30/10. 8/31/10 ENTERED AND COPIES MAILED, E-MAILED.(fdc)
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