Rosas et al v. Sarbanand Farms, LLC et al

Filing 145

ORDER granting L&I's 137 Motion for Leave to File Amicus Brief. L&I shall file its amicus brief no later than 8/2/2019. Signed by U.S. District Judge John C Coughenour. (TH)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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BARBARO ROSAS and GUADALUPE
TAPIA, as individuals an on behalf of all
similarly situated persons,

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ORDER

Plaintiffs,
v.

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CASE NO. C18-0112-JCC

SARBANAND FARMS, LLC, et al.,

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Defendants.

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This matter comes before the Court on the Washington State Department of Labor &

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Industries’ (“L&I”) motion to file an amicus brief in support of Plaintiffs’ request to certify a

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question to the Washington Supreme Court (Dkt. No. 137). Having thoroughly considered the

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parties’ briefing and the relevant record, the Court finds oral argument unnecessary and hereby

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GRANTS the motion for the reasons explained herein.

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I.

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BACKGROUND
On June 13, 2019, the Court granted in part and denied in part Plaintiffs’ motion for

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partial summary judgment on their claims arising under the Farm Labor Contractors Act

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(“FLCA”), Wash. Rev. Code § 19.30.010 et seq. (See Dkt. No. 134). The Court dismissed

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Plaintiffs’ claims as to “class members who were initially sent to California pursuant to a

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contract between CSI and Defendant Munger Bros. or Crowne Cold Storage and later transferred
ORDER
C18-0112-JCC
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by Growers to Washington, and for whose transfer CSI did not receive an additional fee.” (Id. at

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14.) Plaintiffs have filed a motion seeking reconsideration of the Court’s dismissal of these

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claims or, in the alternative, to certify the following question to the Washington Supreme Court:

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“whether a farm labor contractor subject to FLCA includes an entity that receives a flat fee to

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simultaneously recruit and supply agricultural workers to work in one state before beginning

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work in Washington state?” (Dkt. No. 135.) L&I moves to file an amicus brief in support of

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Plaintiffs’ request to certify the above question to the Washington Supreme Court. (Dkt. No.

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137; see Dkt. No. 137-1.)

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II.

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DISCUSSION
District courts have “broad discretion” regarding the appointment of amici. Hoptowit v.

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Ray, 682 F.2d 1237, 1260 (9th Cir. 1982), abrogated on other grounds by Sandin v. Conner, 515

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U.S. 472 (1995). “[T]he classic role of amicus curiae [includes] assisting in a case of general

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public interest, supplementing the efforts of counsel, and drawing the court’s attention to law that

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escaped consideration.” Miller-Wohl Co. v. Comm’r of Labor & Indus. State of Mont., 694 F.2d

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203, 204 (9th Cir. 1982). District courts frequently welcome amicus briefs from non-parties

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“concerning legal issues that have potential ramifications beyond the parties directly involved or

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if the amicus has unique information or perspective that can help the court beyond the help that

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the lawyers for the parties are able to provide.” Skokomish Indian Tribe v. Goldmark, 2013 WL

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5720053, slip op. at 1 (W.D. Wash. 2013) (internal quotation omitted) (quoting NGV Gaming,

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Ltd. v. Upstream Point Molate, LLC, 355 F. Supp. 2d 1061, 1067 (N.D. Cal. 2005)).

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The Court finds that L&I’s participation would be useful in resolving Plaintiffs’ pending

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motion for reconsideration or, in the alternative, to certify a question to the Washington Supreme

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Court. L&I is charged with administering and enforcing laws governing employment standards

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in Washington, including the FLCA. See Wash. Rev. Code § 43.22.270(4); see also Wash. Rev.

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Code §§ 19.30.130, 19.30.160. The issues presented may have ramifications beyond the current

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parties as to the enforcement of the FLCA in Washington, making L&I’s input appropriate.
ORDER
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III.

CONCLUSION
For the foregoing reasons, L&I’s motion to file an amicus brief (Dkt. No. 137) is

GRANTED. L&I shall file its amicus brief no later than August 2, 2019.
DATED this 30th day of July 2019.

A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER
C18-0112-JCC
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