Zirkle Fruit Company v. United States Department of Labor et al
| Zirkle Fruit Company |
| Patrick Pizzella, Cheryl M Stanton, John P Pallasch and United States Department of Labor |
| WGE Holdings LLC, McDougall & Sons Inc, Columbia Orchard Management Inc, Columbia Fruit Packers Inc, Double S Orchards LLC, Wade & Wade LLC, Evans Fruit Co Inc and McDougall Family Farming Inc |
| 1:2019cv03180 |
| August 7, 2019 |
| US District Court for the Eastern District of Washington |
| Salvador Mendoza |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 |
| None |
Docket Report
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| Filing 50 NOTICE of Appearance by John T Drake on behalf of John P Pallasch, Patrick Pizzella, Cheryl M Stanton, United States Department of Labor (Attorney John T Drake added to party John P Pallasch(pty:dft), Attorney John T Drake added to party Patrick Pizzella(pty:dft), Attorney John T Drake added to party Cheryl M Stanton(pty:dft), Attorney John T Drake added to party United States Department of Labor(pty:dft))(Drake, John) |
Filing 49
ORDER GRANTING #4 PRELIMINARY INJUNCTION; Plaintiffs Motion for a Temporary Restraining Order, ECF No. 4, is CONVERTED into a motion for a preliminary injunction, and that motion is GRANTED. Signed by Judge Salvador Mendoza, Jr. (AN, Courtroom Deputy)
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| Filing 48 First AMENDED COMPLAINT AND PRAYER FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF against John P Pallasch, Patrick Pizzella, Cheryl M Stanton, United States Department of Labor. Filed by Zirkle Fruit Company.(Monahan, Brendan) |
| Filing 47 NOTICE OF WITHDRAWAL OF COUNSEL by Peter Anthony Spadoni on behalf of Intervenor Plaintiffs Columbia Fruit Packers Inc, Columbia Orchard Management Inc, Double S Orchards LLC, Evans Fruit Co Inc, McDougall & Sons Inc, McDougall Family Farming Inc (Spadoni, Peter) |
| Filing 46 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing. Proceedings held on 09/05/2019 in Richland, Washington before Judge Salvador Mendoza, Jr. Page Numbers: 1-41 Parties have seven (7) business 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 electronically available to the public without redaction after 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. Information regarding the policy can be found on the court website at www.waed.uscourts.gov. To purchase a copy of the transcript contact Court Reporter/Transcriber Kimberly Allen at 509-943-8175 or Kim_Allen@waed.uscourts.gov. Redaction Request due 9/30/2019. Redacted Transcript Deadline set for 10/10/2019. Release of Transcript Restriction set for 12/9/2019. (Allen, Kim) |
| Filing 45 Minute Entry for proceedings held before Judge Salvador Mendoza, Jr: Motion Hearing held on 9/5/2019 re #4 MOTION for Temporary Restraining Order filed by Zirkle Fruit Company. (Reported/Recorded by: Kimberly Allen) (DB, Courtroom Deputy) |
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Filing 44
ORDER: Before the Court is the Government's Objection to Plaintiff's Additional Declarations and New Evidence, ECF No. #38 , which the Court construes as a motion to strike three declarations, ECF Nos. #33 , #34 & #37 , submitted by Plaintiff on August 29, 2019. The parties previously moved to extend the deadline for Plaintiff's reply memorandum to August 29, 2019, and the Court denied that motion, instead setting the deadline for the reply memorandum, as well as any supporting declarations, for August 27, 2019 at 3:00 PM. ECF No. 26 . Accordingly, because the three declarations were untimely, the Government's construed motion to strike, ECF No. #38 , is GRANTED, and ECF Nos. #33 , #34 & #37 are STRICKEN. THIS IS A TEXT ONLY ENTRY. NO PDF TO ISSUE. THIS CONSTITUTES THE COURT'S RULING/NOTICE ON THE MATTER. Signed by Judge Salvador Mendoza, Jr. (SG, Case Administrator)
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| Filing 43 RESPONSE re #38 Memorandum in Opposition to Motion RESPONSE TO ECF NO. 38 by Zirkle Fruit Company. (Monahan, Brendan) |
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Filing 42
ORDER DENYING #35 PLAINTIFF INTERVENORS EVANS FRUIT CO., INC., WGE HOLDINGS, LLC, McDOUGALL FAMILY FARMING, INC., McDOUGALL & SONS, INC., DOUBLE S ORCHARDS, LLC, COLUMBIA FRUIT PACKERS, INC., COLUMBIA ORCHARD MANAGEMENT, INC., AND WADE& WADE, LLC'S MOTION TO INTERVENE, and granting #36 Motion to Expedite. Signed by Judge Salvador Mendoza, Jr. (LR, Case Administrator)
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| Filing 41 RESPONSE to Motion re #36 MOTION to Expedite filed by United States Department of Labor. (Verschoor, Rudolf) |
| Filing 40 NOTICE of Appearance by Peter Anthony Spadoni on behalf of Columbia Fruit Packers, Inc., Columbia Orchard Management Inc, Double S Orchards LLC, Evans Fruit Co Inc, McDougall & Sons Inc, McDougall Family Farming Inc, WGE Holdings LLC, Wade & Wade LLC (Attorney Peter Anthony Spadoni added to party Columbia Fruit Packers, Inc.(pty:intvp), Attorney Peter Anthony Spadoni added to party Columbia Orchard Management Inc(pty:intvp), Attorney Peter Anthony Spadoni added to party Double S Orchards LLC(pty:intvp), Attorney Peter Anthony Spadoni added to party Evans Fruit Co Inc(pty:intvp), Attorney Peter Anthony Spadoni added to party McDougall & Sons Inc(pty:intvp), Attorney Peter Anthony Spadoni added to party McDougall Family Farming Inc(pty:intvp), Attorney Peter Anthony Spadoni added to party WGE Holdings LLC(pty:intvp), Attorney Peter Anthony Spadoni added to party Wade & Wade LLC(pty:intvp))(Spadoni, Peter) |
| Filing 39 NOTICE RESETTING TIME OF MOTION HEARING - By Court -Text entry; no PDF document. Re #4 MOTION for Temporary Restraining Order. Motion Hearing currently set for 9/5/2019 at 9:00 AM is RESET to 9/5/2019 at 08:30 AM in Richland Courtroom 189 before Judge Salvador Mendoza Jr. (SG, Case Administrator) |
| Filing 38 MEMORANDUM in Opposition re #4 MOTION for Temporary Restraining Order (Defendants' Objection to Plaintiff's Additional Declarations and Evidence) filed by United States Department of Labor. (Verschoor, Rudolf) |
| Filing 37 DECLARATION by Stephen G. Bronars in Support re #4 MOTION for Temporary Restraining Order filed by Zirkle Fruit Company. (Attachments: #1 Exhibit 1, Pages 15-22)(Monahan, Brendan) Document stricken pursuant to ECF No. 44 . Modified on 9/4/2019 (SG, Case Administrator). |
| Filing 36 MOTION to Expedite by Columbia Fruit Packers, Inc., Columbia Orchard Management, Inc., Double S Orchards, LLC, Evans Fruit Co., Inc., McDougall & Sons, Inc., McDougall Family Farming, Inc., WGE Holdings, LLC, Wade & Wade, LLC. Motion Hearing set for 9/5/2019 Without Oral Argument before Judge Salvador Mendoza Jr. (Attachments: #1 Text of Proposed Order)(Harmeling, Sally) |
| Filing 35 MOTION to Intervene by Evans Fruit Co., Inc., WGE Holdings, LLC, McDougall Family Farming, Inc., McDougall & Sons, Inc., Double S Orchards, LLC, Columbia Fruit Packers, Inc., Columbia Orchard Management, Inc., Wade & Wade, LLC. Motion Hearing set for 9/5/2019 Without Oral Argument before Judge Salvador Mendoza Jr. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Harmeling, Sally) |
| Filing 34 DECLARATION by Richard J. Sexton in Support re #4 MOTION for Temporary Restraining Order filed by Zirkle Fruit Company. (Attachments: #1 Exhibit 1, Pages 15-35)(Monahan, Brendan) Document stricken pursuant to ECF No. 44 . Modified on 9/4/2019 (SG, Case Administrator). |
| Filing 33 DECLARATION by Alexandra Hill in Support re #4 MOTION for Temporary Restraining Order filed by Zirkle Fruit Company. (Attachments: #1 Exhibit 1, Pages 15-17)(Monahan, Brendan) Document stricken pursuant to ECF No. 44. Modified on 9/4/2019 (SG, Case Administrator). |
| Filing 32 Errata filed by Zirkle Fruit Company: Re #30 Declaration in Support of Motion for Temporary Restraining Order. (Attachments: #1 Errata Second Declaration of Harold Austin)(Monahan, Brendan) |
| Filing 31 REPLY MEMORANDUM re #4 MOTION for Temporary Restraining Order filed by Zirkle Fruit Company. (Monahan, Brendan) |
| Filing 30 DECLARATION by Harold Austin in Support re #4 MOTION for Temporary Restraining Order filed by Zirkle Fruit Company. (Attachments: #1 Exhibit A-H, Pages 9-83)(Monahan, Brendan) Modified on 8/28/2019 See Errata filed at ECF No. #32 (LR, Case Administrator). |
| Filing 29 DECLARATION by Brendan V. Monahan in Support re #4 MOTION for Temporary Restraining Order filed by Zirkle Fruit Company. (Attachments: #1 Exhibit A, Pages 8-12, #2 Exhibit B, Pages 13-16, #3 Exhibit C, Pages 17-19, #4 Exhibit D, Pages 20-24, #5 Exhibit E, Pages 25-27, #6 Exhibit F, Pages 28-48, #7 Exhibit G, Pages 49-51, #8 Exhibit H, Pages 52-59)(Monahan, Brendan) |
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Filing 28
ORDER: Plaintiff's Motion for Leave to File Excess Pages, and related motion to expedite, ECF No. 27, are GRANTED. Plaintiff's reply brief shall not exceed twenty-five pages. THIS IS A TEXT-ONLY ENTRY; NO PDF WILL ISSUE; THIS ENTRY CONSTITUTES THE COURT'S RULING/NOTICE ON THE MATTER. Signed by Judge Salvador Mendoza, Jr. (SG, Case Administrator)
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| Filing 27 MOTION for Leave to File Excess Pages and to Expedite Hearing by Zirkle Fruit Company. Motion Hearing set for 8/27/2019 Without Oral Argument before Judge Salvador Mendoza Jr. (Attachments: #1 Text of Proposed Order )(Monahan, Brendan) |
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Filing 26
ORDER: Before the Court is the parties' Stipulation Re: Revised TRO Briefing and Hearing Schedule, ECF No. #25 . Having reviewed the filing, the Court is fully informed and ACKNOWLEDGES and GRANTS IN PART and DENIES IN PART the stipulation. The motion hearing on ECF No. 4 currently set for August 29, 2019 at 10:00 AM in Richland is RESET to September 5, 2019 at 9:00 AM in Richland. Plaintiff's optional reply brief shall be filed no later than 3:00 PM on August 27, 2019. THIS IS A TEXT-ONLY ENTRY; NO PDF WILL ISSUE; THIS ENTRY CONSTITUTES THE COURT'S RULING/NOTICE ON THE MATTER. Signed by Judge Salvador Mendoza, Jr. (SG, Case Administrator)
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| Filing 25 Stipulated MOTION More time for reply and change in hearing date by John P Pallasch, Patrick Pizzella, Cheryl M Stanton, United States Department of Labor. Motion Hearing set for 8/26/2019 Without Oral Argument before Judge Salvador Mendoza Jr. (Attachments: #1 Text of Proposed Order)(Verschoor, Rudolf) |
| Filing 24 DECLARATION by Brian Pasternak in Opposition re #4 MOTION for Temporary Restraining Order filed by John P Pallasch, Patrick Pizzella, Cheryl M Stanton, United States Department of Labor. (Attachments: #1 Exhibit K, Handbook 385, #2 Exhibit L, ETA 232, #3 Exhibit M, 2018 Survey results, #4 Exhibit N, Memo to NPWC, #5 Exhibit O, Notice to Zirkle, #6 Exhibit P, Notice to Zirkle, #7 Exhibit Q, Quick Search screen, #8 Exhibit R, H-2A Application 900, #9 Exhibit S, Attach to ETA 9142, #10 Exhibit T, Cert ltr 2-22-19, #11 Exhibit U, AFPC Order ETA form 790, #12 Exhibit V, H-2A App 1850, #13 Exhibit W, Attachment to ETA 9142, #14 Exhibit X, Cert ltr 4-22-19, #15 Exhibit Y, Y, AFPC Order ETA form 790)(Waldref, Vanessa) |
| Filing 23 DECLARATION by Joshua Moll in Opposition re #4 MOTION for Temporary Restraining Order filed by John P Pallasch, Patrick Pizzella, Cheryl M Stanton, United States Department of Labor. (Attachments: #1 Exhibit A, 2018 Survey Results Rpt, #2 Exhibit B, Prog. Planning Guide, #3 Exhibit C, Handbook 385, #4 Exhibit D, Foreign Labor Cert, #5 Exhibit E, Template ltr & survey form, #6 Exhibit F, Powerpoint Feb 2019, #7 Exhibit G, Powerpoint Mar 2019, #8 Exhibit H, ETA 232 form, #9 Exhibit I, article Tri-City Herald, #10 Exhibit J, 2018 Survey results supplement)(Waldref, Vanessa) Modified on 8/21/2019 to remove "in support" and replace with "in opposition"(LR, Case Administrator). |
| Filing 22 DECLARATION by Steven Ross in Opposition re #4 MOTION for Temporary Restraining Order filed by John P Pallasch, Patrick Pizzella, Cheryl M Stanton, United States Department of Labor. (Waldref, Vanessa) Modified on 8/21/2019 to remove "in support" and replace with "in opposition" (LR, Case Administrator). |
| Filing 21 RESPONSE to Motion re #4 MOTION for Temporary Restraining Order filed by John P Pallasch, Patrick Pizzella, Cheryl M Stanton, United States Department of Labor. (Waldref, Vanessa) |
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Filing 20
ORDER: Defendants' unopposed Motion for Excess Pages, ECF No. #18 , and related Motion to Expedite, ECF No. #19 , are GRANTED. Defendants' response to Plaintiff's motion for a temporary restraining order, ECF No. 4, shall not exceed twenty-five pages. Signed by Judge Salvador Mendoza, Jr. THIS IS A TEXT ONLY ENTRY. NO PDF TO ISSUE. THIS CONSTITUTES THE COURT'S RULING/NOTICE ON THE MATTER. (DB, Courtroom Deputy)
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| Filing 19 MOTION to Expedite by John P Pallasch, Patrick Pizzella, Cheryl M Stanton, United States Department of Labor. Motion Hearing set for 8/20/2019 Without Oral Argument before Judge Salvador Mendoza Jr. (Attachments: #1 Text of Proposed Order)(Verschoor, Rudolf) |
| Filing 18 MOTION for Leave to File Excess Pages by John P Pallasch, Patrick Pizzella, Cheryl M Stanton, United States Department of Labor. Motion Hearing set for 8/20/2019 Without Oral Argument before Judge Salvador Mendoza Jr. (Attachments: #1 Text of Proposed Order)(Verschoor, Rudolf) |
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Filing 17
ORDER: Before the Court is the parties' Stipulation Re: TRO Briefing and Hearing Schedule, ECF No. 16. Having reviewed the filing, the Court is fully informed and ACKNOWLEDGES and GRANTS the stipulation. The motion hearing for ECF No. 4 currently set for August 12, 2019 is RESET to August 29, 2019 at 10:00 AM in Richland. Defendants' response brief shall be filed no later than August 21, 2019 at 5:00 PM. Plaintiffs optional reply brief shall be filed no later than August 26, 2019 at 5:00 PM. This text-only entry constitutes the Courts order or notice on the matter. Signed by Judge Salvador Mendoza, Jr. (SG, Case Administrator)
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| Filing 16 STIPULATION Re: TRO Briefing and Hearing Schedule by United States Department of Labor. (Attachments: #1 Text of Proposed Order)(Verschoor, Rudolf) |
| Filing 15 SUMMONS Returned Executed by Zirkle Fruit Company re All Defendants. (Monahan, Brendan) |
| Filing 14 MEMORANDUM in Opposition re #3 MOTION to Expedite Its Motion for Temporary Restraining Order MOTION for Leave to File Excess Pages , #4 MOTION for Temporary Restraining Order Objection to Setting of Hearing on Short Notice filed by United States Department of Labor. (Attachments: #1 Proposed Order re Hearing for Temporary Restraining Order)(Verschoor, Rudolf) |
| Filing 13 NOTICE of Appearance by Vanessa Ruth Waldref on behalf of United States Department of Labor (Attorney Vanessa Ruth Waldref added to party United States Department of Labor(pty:dft))(Waldref, Vanessa) |
| Filing 12 NOTICE of Appearance by Rudolf J Verschoor on behalf of United States Department of Labor (Attorney Rudolf J Verschoor added to party United States Department of Labor(pty:dft))(Verschoor, Rudolf) |
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Filing 11
ORDER: Plaintiff's Motion to Exceed Page Limit and to Expedite Its Motion for Temporary Restraining Order, ECF No. #3 , is GRANTED. Plaintiff's Motion for Temporary Restraining Order, ECF No. 4, is accepted as is, including all pages in excess of those provided by local rule. Oral argument on the motion is set for August 12, 2019 at 3:00 PM in Yakima, Washington. Signed by Judge Salvador Mendoza, Jr. THIS IS A TEXT ONLY ENTRY. NO PDF TO ISSUE. THIS CONSTITUTES THE COURT'S RULING/NOTICE ON THE MATTER. (DB, Courtroom Deputy)
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| Filing 10 DECLARATION by Michael Gempler in Support re #4 MOTION for Temporary Restraining Order filed by Zirkle Fruit Company. (Monahan, Brendan) |
| Filing 9 DECLARATION by Brian Etzkorn in Support re #4 MOTION for Temporary Restraining Order filed by Zirkle Fruit Company. (Monahan, Brendan) |
| Filing 8 DECLARATION by Alan Schreiber in Support re #4 MOTION for Temporary Restraining Order filed by Zirkle Fruit Company. (Monahan, Brendan) |
| Filing 7 DECLARATION by Jon DeVaney in Support re #4 MOTION for Temporary Restraining Order filed by Zirkle Fruit Company. (Monahan, Brendan) |
| Filing 6 DECLARATION by Harold Austin in Support re #4 MOTION for Temporary Restraining Order filed by Zirkle Fruit Company. (Monahan, Brendan) |
| Filing 5 DECLARATION by Brendan V. Monahan in Support re #4 MOTION for Temporary Restraining Order filed by Zirkle Fruit Company. (Attachments: #1 Exhibit 1-pp. 7-10, #2 Exhibit 2-pp. 11-62, #3 Exhibit 3-pp. 63-75, #4 Exhibit 4-pp. 76-90, #5 Exhibit 5-pp. 91-92, #6 Exhibit 6-pp. 93-94, #7 Exhibit 7-pp. 95-98, #8 Exhibit 8-pp. 99-120, #9 Exhibit 9-pp.121-156, #10 Exhibit 10-pp. 157-216, #11 Exhibit 11-pp. 217-224, #12 Exhibit 12-pp. 225-255, #13 Exhibit 13-pp. 256-286, #14 Exhibit 14-pp. 287-289, #15 Exhibit 15-pp. 290-324)(Monahan, Brendan) |
| Filing 4 MOTION for Temporary Restraining Order by Zirkle Fruit Company. Motion Hearing set for 8/12/2019 at 03:00 PM in Yakima Courtroom 324 before Judge Salvador Mendoza Jr. (Attachments: #1 Text of Proposed Order)(Monahan, Brendan) |
| Filing 3 MOTION to Expedite Its Motion for Temporary Restraining Order, MOTION for Leave to File Excess Pages by Zirkle Fruit Company. Motion Hearing set for 8/14/2019 Without Oral Argument before Judge Salvador Mendoza Jr. (Attachments: #1 Text of Proposed Order)(Monahan, Brendan) |
| Filing 2 Summons Issued as to United States Department of Labor. (Attachments: #1 Summons Issued as to Patrick Pizzella, #2 Summons Issued as to John P Pallasch, #3 Summons Issued as to Cheryl M Stanton)(LR, Case Administrator) |
| Filing 1 COMPLAINT AND PRAYER FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF against All Defendants ( Filing fee $ 400; Receipt # 0980-3233090) Filed by Zirkle Fruit Company. (Attachments: #1 Exhibit 1, Pages 28-31, #2 Exhibit 2, Pages 32-83, #3 Exhibit 3, Pages 84-105, #4 Exhibit 4, Exhibits 106-120, #5 Civil Cover Sheet, #6 Summons US. Department of Labor, #7 Summons Patrick Pizzella, #8 Summons John P. Pallasch, #9 Summons Cheryl Stanton)(Monahan, Brendan) |
| Notice of Judge Assignment. Judge Salvador Mendoza, Jr assigned to case. (LR, Case Administrator) |
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