Evans Fruit Co Inc et al v. United States Department of Labor et al
| McDougall & Sons Inc, Evans Fruit Co Inc, Wade & Wade LLC, WGE Holdings LLC, Columbia Fruit Packers Inc, McDougall Family Farming Inc, Double S Orchards LLC and Columbia Orchard Management Inc |
| United States Department of Labor, Cheryl M Stanton, John P Pallasch and Patrick Pizzella |
| Washington State Employment Security Department |
| 1:2019cv03202 |
| September 3, 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. § 702 |
| None |
Docket Report
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This docket was last retrieved on November 7, 2019. A more recent docket listing may be available from PACER.
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Filing 58
ORDER GRANTING #33 DEFENDANT-INTERVENOR'S MOTION TO INTERVENE; denying #49 Plaintiffs' Motion to Strike Non-Party Employment Security Department's Response to Plaintiffs' Motion for Preliminary Injunction. Signed by Judge Salvador Mendoza, Jr. (AY, Case Administrator)
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Filing 57
ORDER DENYING #15 PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION Signed by Judge Salvador Mendoza, Jr. (AY, Case Administrator)
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| Filing 56 NOTICE OF WITHDRAWAL OF COUNSEL by Jonathan E Pitel by Bruce L Turcott on behalf of Intervenor Washington State Employment Security Department (Pitel, Jonathan). Modified on 10/11/2019 to correct docket text to reflect withdrawing attorney on document (LR, Case Administrator). |
| Filing 55 Minute Entry for proceedings held before Judge Salvador Mendoza, Jr: Motion Hearing held on 10/9/2019 re #33 MOTION to Intervene filed by Washington State Employment Security Department, #15 MOTION for Preliminary Injunction filed by McDougall & Sons Inc, Columbia Fruit Packers Inc, Wade & Wade LLC, Evans Fruit Co Inc, Columbia Orchard Management Inc, McDougall Family Farming Inc, Double S Orchards LLC, WGE Holdings LLC. (Reported/Recorded by: Kimberly Allen) (DB, Courtroom Deputy) |
| Filing 54 DECLARATION by Sally W. Harmeling in Support re #15 MOTION for Preliminary Injunction filed by All Plaintiffs. (Harmeling, Sally) |
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Filing 53
ORDER: Plaintiffs' Unopposed Motion to Expedite Plaintiffs' Motion to Strike, ECF No. #50 , is GRANTED. Plaintiffs' Motion to Strike Non-Party Employment Security Department's Response to Plaintiffs' Motion for Preliminary Injunction, ECF No. 49, shall be noted for hearing at 6:30 PM on October 9, 2019, without oral argument. 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 52 RESPONSE to Motion re #49 MOTION to Strike #32 Response to Motion for Preliminary Injunction filed by Washington State Employment Security Department. (Pitel, Jonathan) |
| Filing 51 REPLY MEMORANDUM re #33 MOTION to Intervene filed by Washington State Employment Security Department. (Pitel, Jonathan) |
| Filing 50 MOTION to Expedite Hearing on Motion to Strike by All Plaintiffs. Motion Hearing set for 10/9/2019 Without Oral Argument before Judge Salvador Mendoza Jr. (Attachments: #1 Civil Cover Sheet)(Harmeling, Sally) |
| Filing 49 MOTION to Strike #32 Response to Motion for Preliminary Injunction by All Plaintiffs. Motion Hearing set for 10/9/2019 Without Oral Argument before Judge Salvador Mendoza Jr. (Attachments: #1 Text of Proposed Order)(Harmeling, Sally) |
| Filing 48 MEMORANDUM in Opposition re #33 MOTION to Intervene filed by All Plaintiffs. (Attachments: #1 Text of Proposed Order)(Harmeling, Sally) |
| Filing 47 NOTICE of Hearing on Motion - By Court - Text entry;no PDF document. Oral Argument Requested re #33 MOTION to Intervene : Motion Hearing set for 10/9/2019 at 08:45 AM Richland Courtroom 189 before Judge Salvador Mendoza Jr. (DB, Courtroom Deputy) |
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Filing 46
ORDER: Defendant-Intervenor State of Washington, Employment Security Department's Motion to Expedite, ECF No. #34 , is GRANTED. A hearing on Defendant-Intervenor's Motion to Intervene, ECF No. 33, is SET for Wednesday, October 9, 2019 at 8:45 AM in Richland. Counsel for Defendant-Intervenor shall also be prepared to participate in the hearing on Plaintiffs' Motion for Preliminary Injunction, ECF No. 15, which will commence thereafter. Plaintiffs shall submit their response memorandum to the Motion to Intervene, ECF No. 34, no later than 12:00 PM on Friday, October 4, 2019. Defendants may also submit an optional response, if any, to the Motion to Intervene, ECF No. 34, by no later than 12:00 PM on Friday, October 4, 2019. Defendant-Intervenors shall submit a single, optional reply memorandum, if any, by no later than 12:00 PM on Saturday, October 5, 2019. 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 45
ORDER: Plaintiffs' Motion for Leave to File Excess Pages in Reply, ECF No. #41 , is GRANTED. Plaintiffs' reply memorandum shall be considered in full. 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 44 CERTIFICATE OF SERVICE filed by All Plaintiffs. (Harmeling, Sally) |
| Filing 43 DECLARATION by Madison McPherson in Support re #15 MOTION for Preliminary Injunction filed by All Plaintiffs. (Harmeling, Sally) |
| Filing 42 DECLARATION by Stephen G. Bronars in Support re #15 MOTION for Preliminary Injunction filed by All Plaintiffs. (Harmeling, Sally) |
| Filing 41 MOTION for Leave to File Excess Pages by All Plaintiffs. Motion Hearing set for 11/4/2019 Without Oral Argument before Judge Salvador Mendoza Jr. (Attachments: #1 Text of Proposed Order)(Harmeling, Sally) |
| Filing 40 REPLY MEMORANDUM re #15 MOTION for Preliminary Injunction filed by All Plaintiffs. (Harmeling, Sally) |
| Filing 39 DECLARATION by Sally F. White in Support re #15 MOTION for Preliminary Injunction filed by All Plaintiffs. (Harmeling, Sally) |
| Filing 38 DECLARATION by D. Michael Wade in Support re #15 MOTION for Preliminary Injunction filed by All Plaintiffs. (Harmeling, Sally) |
| Filing 37 DECLARATION by John McQuaig in Support re #15 MOTION for Preliminary Injunction filed by All Plaintiffs. (Harmeling, Sally) |
| Filing 36 DECLARATION by Irene Birdsall in Support re #15 MOTION for Preliminary Injunction filed by All Plaintiffs. (Harmeling, Sally) |
| Filing 35 Praecipe filed by John P Pallasch, Patrick Pizzella, Cheryl M Stanton, United States Department of Labor: Re #29 Declaration in Support of Motion,,. Description: Exhibit J was mislabeled. (Verschoor, Rudolf) |
| Filing 34 MOTION to Expedite by - Washington State Employment Security Department. Motion Hearing set for 10/9/2019 Without Oral Argument before Judge Salvador Mendoza Jr. (Turcott, Bruce) |
| Filing 33 MOTION to Intervene by - Washington State Employment Security Department. Motion Hearing set for 10/9/2019 Without Oral Argument before Judge Salvador Mendoza Jr. (Turcott, Bruce) |
| Filing 32 RESPONSE to Motion re #15 MOTION for Preliminary Injunction filed by - Washington State Employment Security Department. (Turcott, Bruce) |
| Filing 31 MEMORANDUM of Points and Authorities in Opposition re #15 MOTION for Preliminary Injunction filed by John P Pallasch, Patrick Pizzella, Cheryl M Stanton, United States Department of Labor. (Verschoor, Rudolf) |
| Filing 30 DECLARATION by Joshua Moll in Support re #15 MOTION for Preliminary Injunction filed by John P Pallasch, Patrick Pizzella, Cheryl M Stanton, United States Department of Labor. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Verschoor, Rudolf) |
| Filing 29 DECLARATION by Brian D. Pasternak in Support re #15 MOTION for Preliminary Injunction filed by John P Pallasch, Patrick Pizzella, Cheryl M Stanton, United States Department of Labor. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, See Praecipe filed at ECF No. #35 #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y)(Verschoor, Rudolf) Modified on 10/2/2019 to link docket entry to Praecipe. (AY, Case Administrator). |
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Filing 28
ORDER: Defendants' Motion for Excess Pages, ECF No. #25 , and related motion to expedite, ECF No. #26 , are GRANTED. Defendants' response to Plaintiffs' Motion for Preliminary Injunction, ECF No. 15, which is due no later than October 2, 2019 at 12:00 PM, shall not exceed 30 pages. Signed by Judge Salvador Mendoza, Jr. THIS IS A TEXT ONLY. NO PDF TO ISSUE. THIS CONSTITUTES THE COURT'S RULING/NOTICE ON THE MATTER. (DB, Courtroom Deputy)
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| Filing 27 Praecipe filed by John P Pallasch, Patrick Pizzella, Cheryl M Stanton, United States Department of Labor: Re #26 MOTION to Expedite . Description: Plaintiff's object to anything over 10 pages. (Verschoor, Rudolf) |
| Filing 26 MOTION to Expedite by John P Pallasch, Patrick Pizzella, Cheryl M Stanton, United States Department of Labor. Motion Hearing set for 10/1/2019 Without Oral Argument before Judge Salvador Mendoza Jr. (Attachments: #1 Text of Proposed Order)(Verschoor, Rudolf) |
| Filing 25 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 10/1/2019 Without Oral Argument before Judge Salvador Mendoza Jr. (Attachments: #1 Text of Proposed Order)(Verschoor, Rudolf) |
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Filing 24
ORDER: Before the Court is the parties' Stipulated Motion for Modification of Briefing Schedule on Plaintiffs' Motion for Preliminary Injunction, ECF No. #23 . The Court finds the briefing schedule proposed by the parties insufficient to permit adequate consideration of the issues raised in Plaintiffs' Motion for Preliminary Injunction, and accordingly DENIES the motion, ECF No. #23 . The Government shall file its response to Plaintiffs' Motion for Preliminary Injunction, ECF No. 15, by no later than October 2, 2019 at 12:00 PM. Plaintiffs must file their optional reply memorandum, if any, by no later than October 3, 2019 at 12:00 PM. 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 23 Stipulated MOTION to Continue Briefing Schedule by All Plaintiffs. Motion Hearing set for 10/1/2019 Without Oral Argument before Judge Salvador Mendoza Jr. (Attachments: #1 Text of Proposed Order)(Harmeling, Sally) |
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Filing 22
ORDER: Plaintiffs' Unopposed Motion to Expedite Hearing on Motion for Preliminary Injunction, ECF No. #19 , is GRANTED. A hearing on Plaintiffs' Motion for Preliminary Injunction, ECF No. #15 , is SET for October 9, 2019 at 9:00 AM in Richland The Government shall file its Response to Plaintiffs' motion by no later than October 2, 2019 at 12:00 PM. Plaintiffs may file their optional Reply memorandum, if any, by no later than October 3, 2019 at 12:00 PM. 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 21 NOTICE of Hearing on Motion - By Court - Text entry;no PDF document. Oral Argument Requested re #15 MOTION for Preliminary Injunction : Motion Hearing RESET for 10/9/2019 at 09:00 AM Richland Courtroom 189 before Judge Salvador Mendoza Jr. Hearing is in Richland and not in Yakima.(DB, Courtroom Deputy) |
| Filing 20 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 19 Unopposed MOTION to Expedite HEARING ON MOTION FOR PRELIMINARY INJUNCTION by All Plaintiffs. Motion Hearing set for 9/30/2019 Without Oral Argument before Judge Salvador Mendoza Jr. (Attachments: #1 Text of Proposed Order)(Harmeling, Sally) |
| Filing 18 DECLARATION by Darrin Belton in Support re #15 MOTION for Preliminary Injunction filed by All Plaintiffs. (Harmeling, Sally) |
| Filing 17 DECLARATION by Stephen G. Bronars, Ph.D. in Support re #15 MOTION for Preliminary Injunction filed by All Plaintiffs. (Harmeling, Sally) |
| Filing 16 DECLARATION by Sally W. Harmeling in Support re #15 MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B)(Harmeling, Sally) |
| Filing 15 MOTION for Preliminary Injunction by All Plaintiffs. Motion Hearing set for 10/9/2019 at 09:00 AM in Yakima Courtroom 324 before Judge Salvador Mendoza Jr. (Attachments: #1 Text of Proposed Order)(Harmeling, Sally) |
| Filing 14 NOTICE of Appearance by Vanessa Ruth Waldref on behalf of John P Pallasch, Patrick Pizzella, Cheryl M Stanton, United States Department of Labor (Attorney Vanessa Ruth Waldref added to party John P Pallasch(pty:dft), Attorney Vanessa Ruth Waldref added to party Patrick Pizzella(pty:dft), Attorney Vanessa Ruth Waldref added to party Cheryl M Stanton(pty:dft), Attorney Vanessa Ruth Waldref added to party United States Department of Labor(pty:dft))(Waldref, Vanessa) |
| Filing 13 NOTICE of Appearance by Joseph Q Ridgeway on behalf of All Plaintiffs (Attorney Joseph Q Ridgeway added to party Columbia Fruit Packers Inc(pty:pla), Attorney Joseph Q Ridgeway added to party Columbia Orchard Management Inc(pty:pla), Attorney Joseph Q Ridgeway added to party Double S Orchards LLC(pty:pla), Attorney Joseph Q Ridgeway added to party Evans Fruit Co Inc(pty:pla), Attorney Joseph Q Ridgeway added to party McDougall & Sons Inc(pty:pla), Attorney Joseph Q Ridgeway added to party McDougall Family Farming Inc(pty:pla), Attorney Joseph Q Ridgeway added to party WGE Holdings LLC(pty:pla), Attorney Joseph Q Ridgeway added to party Wade & Wade LLC(pty:pla))(Ridgeway, Joseph) |
| Filing 12 NOTICE of Appearance by Rudolf J Verschoor on behalf of John P Pallasch, Patrick Pizzella, Cheryl M Stanton, United States Department of Labor (Attorney Rudolf J Verschoor added to party John P Pallasch(pty:dft), Attorney Rudolf J Verschoor added to party Patrick Pizzella(pty:dft), Attorney Rudolf J Verschoor added to party Cheryl M Stanton(pty:dft), Attorney Rudolf J Verschoor added to party United States Department of Labor(pty:dft))(Verschoor, Rudolf) |
| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT by WGE Holdings, LLC by All Plaintiffs. (Harmeling, Sally) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT Wade & Wade, LLC by All Plaintiffs. (Harmeling, Sally) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT bv McDougall Family Farming, Inc. by All Plaintiffs. (Harmeling, Sally) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT by McDougal & Sons, Inc. by All Plaintiffs. (Harmeling, Sally) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT by Evans Fruit Company, Inc. by All Plaintiffs. (Harmeling, Sally) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT Double S Orchards, LLC by All Plaintiffs. (Harmeling, Sally) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT by Columbia Orchard Management, Inc. by All Plaintiffs. (Harmeling, Sally) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT bu Columbia Fruit Packers, Inc. by All Plaintiffs. (Harmeling, Sally) |
| Filing 3 Civil Cover Sheet 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. (Harmeling, Sally) |
| Filing 2 Summons Issued to United States Department of Labor (Attachments: #1 Summons Patrick Pizzella, #2 Summons Cheryl M Stanton, #3 Summons John P Pallasch) (AY, Case Administrator) |
| Filing 1 COMPLAINT against All Plaintiffs ( Filing fee $ 400; Receipt # 0980-3251412) Filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(Harmeling, Sally) |
| Notice of Judge Assignment. Judge Salvador Mendoza, Jr assigned to case. (AY, Case Administrator) |
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