United Farm Workers, et al. v. The United States Department of Labor, et al.

Filing 86

ORDER GRANTING 85 Stipulation to Extend Deadlines, signed by Magistrate Judge Jennifer L. Thurston on 9/7/2021. Scheduling Conference CONTINUED to 11/15/2021 at 09:00 AM before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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Case 1:20-cv-01690-DAD-JLT Document 86 Filed 09/08/21 Page 1 of 4 1 Mark Selwyn (SBN 244180) mark.selwyn@wilmerhale.com 2 WILMER CUTLER PICKERING 3 HALE AND DORR LLP 2600 El Camino Real, Suite 400 4 Palo Alto, California 94306 Telephone: (650) 858-6031 5 Facsimile: (650) 858-6100 6 Attorney for Plaintiffs 7 BRIAN D. NETTER Deputy Assistant Attorney General 8 BRAD P. ROSENBERG Assistant Branch Director 9 MICHAEL J. GAFFNEY (D.C. Bar No. 1048531) Trial Attorney 10 United States Department of Justice Civil Division, Federal Programs Branch 11 1100 L St. NW Washington, DC 20005 12 Tel: (202) 514-2356 Fax: (202) 616-8470 13 Email: Michael.J.Gaffney@usdoj.gov 14 Attorneys for Defendants 15 IN THE UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 FRESNO DIVISION 18 19 UNITED FARM WORKERS, et al., 20 Plaintiffs, 21 v. 22 23 24 25 26 27 28 30 THE UNITED STATES DEPARTMENT OF LABOR, et al., Defendants. Case No. 1:20-cv-01690-DAD-JLT STIPULATION AND PROPOSED ORDER TO EXTEND DEADLINES Deadline to Respond Current Date: September 7, 2021 Proposed Date: November 8, 2021 Scheduling Conference Current Date: September 14, 2021 Proposed Date: November 15, 2021 Case 1:20-cv-01690-DAD-JLT Document 86 Filed 09/08/21 Page 2 of 4 1 IT IS HEREBY STIPULATED, by and between the parties and subject to the Court’s approval, 2 that the deadline for Defendants to respond to Plaintiffs’ Complaint, ECF 1, shall be extended by a 3 further sixty (60) days from September 7, 2021 to November 8, 2021. IT IS HEREBY FURTHER 4 STIPULATED, by and between the parties and subject to the Court’s approval, that the scheduling 5 conference currently scheduled for September 14, 2021 be continued to November 15, 2021. The 6 reasons for this Stipulation are as follows: 7 1. On November 30, 2020, Plaintiffs filed their Complaint. ECF 1. 8 2. Plaintiffs timely served the United States Attorney’s Office in the Eastern District of 9 California in Fresno, California with, inter alia, the Complaint and civil summons via registered mail on 10 December 1, 2020. ECF 35 at 1, 35-2 at 6. 11 3. Pursuant to Federal Rule of Civil Procedure 12(a)(2) and in the absence of an extension, 12 Defendants “must serve an answer to a complaint . . . within 60 days after service on the United States 13 attorney.” The initial deadline for responding to Plaintiffs’ Complaint was therefore February 5, 2021. 14 4. The parties have stipulated to four previous extensions of Defendants’ deadline to respond; 15 the current deadline to respond is September 7, 2021. See ECF 84; see also ECF 41, 43, 53. 16 5. On December 23, 2020, the Court granted Plaintiffs’ motion for a preliminary injunction. 17 United Farm Workers v. Dep’t of Labor, No. 20-cv-1690 (E.D. Cal. Dec. 23, 2020). On January 12, 2021, 18 the Court issued a supplemental order regarding preliminary injunctive relief. See United Farm Workers 19 v. Dep’t of Labor, No. 20-cv-1690 (E.D. Cal. Jan. 12, 2021). 20 6. On February 23, 2021, DOL’s Employment and Training Administration issued a notice 21 in the Federal Register announcing the 2021 AEWRs applicable to H-2A workers performing agricultural 22 labor or services other than the herding or production of livestock on the range. 86 Fed. Reg. 10,966 (Feb. 23 23, 2021). The AEWRs set forth in that notice were effective immediately. 24 7. DOL is pursuing new rulemaking that would revisit the methodology for setting AEWRs 25 for non-range occupations. See Adverse Effect Wage Rate Methodology for the Temporary Employment 26 of H-2A Nonimmigrants in Non-Range Occupations in the United States, Unified Agenda (Spring 2021), 27 https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202104&RIN=1205-AC05. 28 STIPULATION AND PROPOSED ORDER TO EXTEND DEADLINES 30 Error! Unknown document property name. 1 Case 1:20-cv-01690-DAD-JLT Document 86 Filed 09/08/21 Page 3 of 4 1 8. Accordingly, on August 24, 2021, DOL transmitted to the Office of Management and 2 Budget’s Office of Information and Regulatory Affairs (“OIRA”) a draft Notice of Proposed Rulemaking. 3 See Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in 4 Non-Range Occupations in the United States, Pending EO 12866 Regulatory Review (Aug. 24, 2021), 5 https://www.reginfo.gov/public/do/eoDetails?rrid=191913. 6 9. The parties have been actively engaged in discussions to resolve this litigation 7 expeditiously. To facilitate those continued discussions, Defendants request a further 60-day extension 8 of the deadline to respond to Plaintiffs’ complaint. Plaintiffs consent to Defendants’ requested extension. 9 10. In light of the requested extension, the parties also agree that the scheduling conference be 10 continued 60 days. 11 11. This proceeding is exempt from the requirement that parties make initial disclosures under 12 Federal Rule of Civil Procedure 26, because it is “an action for review on an administrative record.” Fed. 13 R. Civ. Pro. 26(a)(1)(B)(i). 14 The Parties therefore stipulate, subject to the Court’s approval, that the deadline for Defendants 15 to respond to Plaintiffs’ Complaint, ECF 1, shall be extended by a further sixty (60) days from 16 September 7, 2021 to November 8, 2021. The Parties further stipulate, subject to the Court’s approval, 17 that the scheduling conference shall be continued from September 14, 2021 to November 15, 2021. 18 19 Dated: September 3, 2021 BRIAN D. NETTER Deputy Assistant Attorney General 20 BRAD P. ROSENBERG Assistant Branch Director 21 By: 24 /s/ Michael J. Gaffney MICHAEL J. GAFFNEY (D.C. Bar No. 1048531) Trial Attorney United States Department of Justice Civil Division, Federal Programs Branch 25 Attorneys for Defendants 22 23 26 Dated: September 3, 2021 27 /s/ Mark Selwyn (authorized 09/03/21) MARK SELWYN (SBN 244180) Wilmer Cutler Pickering Hale and Dorr LLP 28 Attorney for Plaintiffs STIPULATION AND PROPOSED ORDER TO EXTEND DEADLINES 30 Error! Unknown document property name. By: 2 Case 1:20-cv-01690-DAD-JLT Document 86 Filed 09/08/21 Page 4 of 4 1 [PROPOSED] ORDER 2 IT IS HEREBY ORDERED that the deadline to respond to Plaintiffs’ Complaint shall be 3 4 extended from September 7, 2021 to November 8, 2021, and that the Scheduling Conference currently scheduled for September 14, 2021 shall be continued to November 15, 2021. All associated deadlines, 5 6 including for submission of the Joint Scheduling Report, are correspondingly extended. 7 8 IT IS SO ORDERED. 9 Dated: September 7, 2021 _ /s/ Jennifer L. Thurston CHIEF UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER TO EXTEND DEADLINES 30 Error! Unknown document property name. 1

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