Fowler Packing Company, Inc. et al v. Lanier et al

Filing 68

ORDER Granting 67 Motion for Leave to File Amicus Curiae Brief signed by District Judge Dale A. Drozd on 10/23/2017. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 FOWLER PACKING COMPANY, INC. and GERAWAN FARMING, INC., Plaintiffs, 13 14 15 16 17 18 19 No. 1:16-cv-00106-DAD-SAB ORDER GRANTING MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF v. DAVID M. LANIER, in his official capacity as Secretary of the California Labor and Workforce Development Agency; CHRISTINE BAKER, in her official capacity as the California Director of Industrial Relations; and JULIE SU, in her official capacity as California Labor Commissioner, (Doc. No. 67) Defendants. 20 21 Before the court is a motion for leave to file an amicus curiae brief regarding the currently 22 pending cross-motions for summary judgment. The pending motion was filed by Beatriz Aldapa 23 and Elmer Avalos—the proposed class representatives in Aldapa v. Fowler Packing, Inc., et al., 24 Case No. 1:15-cv-00420-DAD-SAB—and Rafael Marquez Amaro, Jesus Alarcon Urzua, and the 25 class of certified workers in Amaro v. Gerawan Farming, Inc., Case No. 1:14-cv-00147-DAD- 26 SAB. (Doc. No. 67.) The motion and a supporting declaration indicate neither of the parties to 27 this dispute object to the proposed filing of the amicus curiae brief. (Id. at 3; Doc. No. 67-2 at 28 ¶ 4.) Therefore, finding good cause and noting the lack of objections, the court grants the motion. 1 1 The amicus curiae brief submitted with the request (Doc. No. 67-1) shall be deemed filed. The 2 amicus parties may appear at the hearing on the cross-motions for summary judgment pending in 3 this action and are advised to comply with the court’s orders regarding appearances at that 4 hearing. 5 IT IS SO ORDERED. 6 Dated: October 23, 2017 UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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