United Farm Workers et al v. Perdue et al

Filing 17

ORDER SETTING BRIEFING SCHEDULE AND HEARING ON PLAINTIFFS' MOTION FOR A TEMPORARY RESTRAINING ORDER (Doc. No. #3 ) signed by District Judge Dale A. Drozd on 10/14/2020. Temporary Restraining Order Hearing set for 10/20/2020 at 10:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Thorp, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED FARM WORKERS, et al.,

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No. 1:20-cv-01452-DAD-JLT

Plaintiffs,
v.
SONNY PERDUE, et al.,

ORDER SETTING BRIEFING SCHEDULE
AND HEARING ON PLAINTIFFS’ MOTION
FOR A TEMPORARY RESTRAINING
ORDER

Defendants.
(Doc. No. 3)

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On October 13, 2020, plaintiffs United Farm Workers and UFW Foundation (collectively,

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“plaintiffs”) filed a motion for a temporary restraining order in this action. (Doc. No. 3.)

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Therein, plaintiffs seek an order restraining defendant United States Department of Agriculture

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(“USDA”) from implementing its September 30, 2020 decision to discontinue the Farm Labor

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Survey and cease publication of the Farm Labor Report. (Id. at 30) (citing Notice of Revision to

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the Agricultural Labor Survey and Farm Labor Reports by Suspending Data Collection for

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October 2020, 85 Fed. Reg. 61719 (Sept. 30, 2020)).

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In a Certificate of Counsel Pursuant to Local Rule 231(c)(5) attached to the pending

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motion, plaintiffs’ counsel Joseph Gooch states that he, attorney Mark Selwyn and attorney Derek

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Woodman (collectively, “plaintiffs’ counsel”), contacted the United States Attorney’s Office for

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the Eastern District of California via telephone and electronic mail on October 13, 2020 to inform
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defendants of plaintiffs’ intention to file the pending motion. (Doc. No. 3-35 at ¶ 4.) Attorney

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Gooch further states that Assistant U.S. Attorney Edward Olsen confirmed receipt of the notice

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by electronic mail. (Id.) Additionally, attorney Gooch states that on October 13, 2020, or as soon

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thereafter as possible, plaintiffs intend to send via electronic mail the following documents to

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Assistant U.S. Attorneys Edward Olsen and Pamela Beauvais and Brian Mizoguchi, Assistant

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General Counsel in the USDA’s Office of General Counsel: (1) the complaint; (2) summons; (3)

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the pending motion for a temporary restraining order, (4) declarations in support of the pending

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motion; (5) exhibits in support of pending motion; and (6) a proposed order granting the pending

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motion. (Id. at ¶ 6.) Finally, attorney Gooch states that plaintiffs will inform defendants of the

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date and time for the hearing on the pending motion as soon as one is established by the court.

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(Id. at ¶ 7.) On October 14, 2020, the summons pertaining to defendants William Northey, Sonny

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Perdue, and the USDA (collectively, “defendants”) were issued. (See Doc. Nos. 4, 5.)

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Accordingly, defendants will be provided with an opportunity to file a response to

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plaintiffs’ motion for a temporary restraining order by 12:00 p.m. PST on October 19, 2020. A

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hearing on plaintiffs’ motion will be held on October 20, 2020 at 10:30 a.m. PST before District

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Judge Dale A. Drozd. The parties must appear by video. The undersigned’s Courtroom Deputy

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Jami Thorp ([e-mail]) will email the parties with log-in information before the

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hearing.

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IT IS SO ORDERED.

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Dated:

October 14, 2020
UNITED STATES DISTRICT JUDGE

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