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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED FARM WORKERS, et al., 12 13 14 15 16 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) 17 18 On October 13, 2020, plaintiffs United Farm Workers and UFW Foundation (collectively, 19 “plaintiffs”) filed a motion for a temporary restraining order in this action. (Doc. No. 3.) 20 Therein, plaintiffs seek an order restraining defendant United States Department of Agriculture 21 (“USDA”) from implementing its September 30, 2020 decision to discontinue the Farm Labor 22 Survey and cease publication of the Farm Labor Report. (Id. at 30) (citing Notice of Revision to 23 the Agricultural Labor Survey and Farm Labor Reports by Suspending Data Collection for 24 October 2020, 85 Fed. Reg. 61719 (Sept. 30, 2020)). 25 In a Certificate of Counsel Pursuant to Local Rule 231(c)(5) attached to the pending 26 motion, plaintiffs’ counsel Joseph Gooch states that he, attorney Mark Selwyn and attorney Derek 27 Woodman (collectively, “plaintiffs’ counsel”), contacted the United States Attorney’s Office for 28 the Eastern District of California via telephone and electronic mail on October 13, 2020 to inform 1 1 defendants of plaintiffs’ intention to file the pending motion. (Doc. No. 3-35 at ¶ 4.) Attorney 2 Gooch further states that Assistant U.S. Attorney Edward Olsen confirmed receipt of the notice 3 by electronic mail. (Id.) Additionally, attorney Gooch states that on October 13, 2020, or as soon 4 thereafter as possible, plaintiffs intend to send via electronic mail the following documents to 5 Assistant U.S. Attorneys Edward Olsen and Pamela Beauvais and Brian Mizoguchi, Assistant 6 General Counsel in the USDA’s Office of General Counsel: (1) the complaint; (2) summons; (3) 7 the pending motion for a temporary restraining order, (4) declarations in support of the pending 8 motion; (5) exhibits in support of pending motion; and (6) a proposed order granting the pending 9 motion. (Id. at ¶ 6.) Finally, attorney Gooch states that plaintiffs will inform defendants of the 10 date and time for the hearing on the pending motion as soon as one is established by the court. 11 (Id. at ¶ 7.) On October 14, 2020, the summons pertaining to defendants William Northey, Sonny 12 Perdue, and the USDA (collectively, “defendants”) were issued. (See Doc. Nos. 4, 5.) 13 Accordingly, defendants will be provided with an opportunity to file a response to 14 plaintiffs’ motion for a temporary restraining order by 12:00 p.m. PST on October 19, 2020. A 15 hearing on plaintiffs’ motion will be held on October 20, 2020 at 10:30 a.m. PST before District 16 Judge Dale A. Drozd. The parties must appear by video. The undersigned’s Courtroom Deputy 17 Jami Thorp (jthorp@caed.uscourts.gov) will email the parties with log-in information before the 18 hearing. 19 IT IS SO ORDERED. 20 21 Dated: October 14, 2020 UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28 2

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