Gonzalez Mondragon et al v. R.T. Farm Labor, Inc. et al

Filing 86

ORDER ADOPTING 72 Findings and Recommendations, FINDING Defendant R T Labor, Inc. in Contempt, signed by District Judge Jennifer L. Thurston on January 7, 2025. R T Farm Labor, Inc. SHALL pay monetary sanctions of $50 per day beginning January 7, 2025, for each day the company remains in contempt, payable to the Clerk of Court for the Eastern District of California. R T Farm Labor Inc. may purge the contempt by: a. Responding to the subpoena and b. Paying the monetary sanction ordered. Plaintiffs SHALL file a status report every 14 days, informing the Court of whether R T Farm Labor Inc. has complied with the subpoena and whether an extension of the daily fine is necessary. (Deputy Clerk OFR)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CLAUDIA GONZALEZ MONDRAGON,
GUSTAVO GUSMAN, and ALAN REYES,
on behalf of themselves and others similarly
situated,

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Plaintiffs,
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v.
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R T FARM LABOR INC., et al.,
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Defendants.
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Case No.: 1:22-cv-01259 JLT BAM
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, FINDING
DEFENDANT R T LABOR, INC. IN CONTEMPT
(Docs. 63, 72)

Plaintiffs seek to hold the defendants, including defaulted defendant R T Farm Labor, Inc.,

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liable for violations of California wage and hour laws and the federal Migrant and Seasonal

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Agricultural Worker Protection Act. (See Doc. 23.) After R T Farm Labor failed to respond to the

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amended complaint, the Clerk entered default. (Doc. 47.) Plaintiff then served a subpoena upon R T

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Farm Labor pursuant to Rule 45 of the Federal Rules of Civil Procedure and moved to compel

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compliance. (Doc. 63 at 2.) The magistrate judge ordered R T Farm Labor to show cause why

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contempt sanctions should not issue, and R T Farm Labor failed to either respond to the order or appear

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at the show cause hearing. (Doc. 71; Doc. 72 at 7.) After the hearing, the magistrate judge certified

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facts for the Court and issued Findings and Recommendations, recommending R T Farm Labor be held

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in contempt. (Doc. 72.)

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The Court held a contempt hearing on January 6, 2025. (Doc. 77.) Plaintiffs filed proof of
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service, indicating Plaintiff served R T Farm Labor’s agent for service with the Certification of Facts

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and Findings and Recommendations on October 23, 20241 (Doc. 81), and the Notice of Order to Show

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Cause Hearing on November 1, 2024 (Doc 82). Although served with the Findings and

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Recommendations and informed any objections must be filed in writing within 14 days (see Doc. 72 at

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11), R T Farm Labor did not file any objections. Similarly, R T Farm Labor did not avail itself of the

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purge conditions identified by the magistrate judge. (See id. at 9-10.) The Court held the contempt

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hearing as scheduled on January 6, 2025, and R T Farm Labor again failed to appear.

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According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case.

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Having carefully reviewed the matter, the Court concludes the Certification of Facts Supporting

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Contempt Findings and Recommendations are supported by the record and proper analysis. A person

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who has been served but fails to comply with a Rule 45 subpoena or an order related to the subpoena

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“without adequate excuse” may be held in contempt. Fed. R. Civ. P. 45(g); see also Chicago Truck

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Drivers v. Bhd. Lab. Leasing, 207 F.3d 500, 507 (8th Cir. 2000). Because R T Farm Labor fails to

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offer any excuse for the failure to comply, it is clearly in contempt. Thus, the Court ORDERS:
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The Certification of Facts and Findings and Recommendations to Hold Defaulted
Defendant R T Farm Labor, Inc. in Contempt (Doc. 72) are ADOPTED in full.

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2.

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Plaintiff’s motion to compel, construed as request for order to show cause why a
contempt citation should not issue is (Doc. 63) GRANTED.

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3.

R T Farm Labor, Inc. is HELD in contempt of the Court.

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4.

R T Farm Labor, Inc. SHALL pay monetary sanctions of $50 per day beginning

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January 7, 2025, for each day the company remains in contempt, payable to the Clerk

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of Court for the Eastern District of California.
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R T Farm Labor Inc. may purge the contempt by:

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a.

Responding to the subpoena and

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b.

Paying the monetary sanction ordered.

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The magistrate judge ordered Plaintiffs “to personally serve a copy of the[] Certifications of Facts and
Findings and Recommendations upon defaulted Defendant R T Farm Labor, Inc. … and to file proof of service
with the Court.” (Doc. 72 at 9.)
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6.

Plaintiffs SHALL file a status report every 14 days, informing the Court of whether

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R T Farm Labor Inc. has complied with the subpoena and whether an extension of the

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daily fine is necessary.

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IT IS SO ORDERED.
Dated:

January 7, 2025

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