University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Perez-Perez v. Progressive Forestry Services, Inc. IM-OR-0002
Docket / Court CIV. 98-1474-KI ( D. Or. )
State/Territory Oregon
Case Type(s) Immigration
Case Summary
In 2000, four migrant reforestation workers, an Oregon labor organization, and one of its members filed a class action lawsuit in the U.S. District Court District for the District of Oregon, seeking redress for migrant reforestation workers recruited and employed by farm/forestry labor contractors ... read more >
In 2000, four migrant reforestation workers, an Oregon labor organization, and one of its members filed a class action lawsuit in the U.S. District Court District for the District of Oregon, seeking redress for migrant reforestation workers recruited and employed by farm/forestry labor contractors in Oregon. Plaintiffs alleged that in 1996, defendants recruited and hired workers from Mexico to work in Oregon and in doing so violated the Agricultural Migrant and Seasonal Worker Protection Act, 29 U.S.C. § 1801 et seq. ("AWPA"), and the Oregon Labor Contractors Registration Act, ORS 658.405 et seq. ("OCRA") by charging workers $1000 recruitment fees, visa fees, cost of transportation from Mexico to the U.S. and not paying the full amount of wages due. Plaintiffs sought statutory damages, injunctive relief and class certification.

The District Court (Judge Garr M. King) granted plaintiffs' motion for class certification to address alleged past wrongs, but denied the request for an injunction permanently enjoining defendants from committing future violations. In the same order, the Court granted defendants' partial summary judgment motion and dismissed as plaintiffs the Oregon labor organization and its members. The case proceeded as a class action with the four migrant reforestation workers acting as representative plaintiffs. Perez-Perez v. Progressive Forestry Services, Inc., F.Supp.2d, 2000 WL 40927 (D.Or. Jan. 19, 2000).

According to the PACER docket, the parties reached a settlement. The Court held a fairness hearing on August 26, 2002 and entered a final order approving the settlement on September 16, 2002. The settlement documents were filed by the parties under seal, so the terms of the settlement are unknown.

Dan Dalton - 12/05/2007


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Issues and Causes of Action
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Issues
Immigration
Employer sanctions
Employment
Temporary foreign workers program
Plaintiff Type
Private Plaintiff
Causes of Action State law
Migrant and Seasonal Agricultural Workers Protection Act, 29 U.S.C. §§ 1801-1871
Defendant(s) North American Labor Management, Inc.
Progressive Forestry Services, Inc.
Plaintiff Description All persons recruited from Mexico to work for Progressive Forestry Services, Inc. in its 1996/1997 reforestation project
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2002
Case Ongoing No
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
3:98-cv-01474-KI (D. Or.) 09/16/2002
IM-OR-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion [re: Class Certification] 01/19/2000 (2000 WL 40927 / 2000 U.S.Dist.LEXIS 414) (D. Or.)
IM-OR-0002-0003.pdf | WESTLAW| LEXIS | Detail
Class Notice 01/22/2002
IM-OR-0002-0002.pdf | Detail
Final Order Approving Settlement of Class Action 08/26/2002 (D. Or.)
IM-OR-0002-0001.pdf | Detail
Judges King, Garr M. (D. Or.)
IM-OR-0002-0001 | IM-OR-0002-0002 | IM-OR-0002-0003 | IM-OR-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Neal, Spencer M. (Oregon)
IM-OR-0002-9000
Shadbeh, Nargess (Oregon)
IM-OR-0002-0001 | IM-OR-0002-0003 | IM-OR-0002-9000
Defendant's Lawyers Curtin, Jack L. (Idaho)
IM-OR-0002-9000
Moran, Michael O. (Oregon)
IM-OR-0002-0003 | IM-OR-0002-9000
Other Lawyers Mechanic, Gene B. (New York)
IM-OR-0002-9000
Peterson, Benton G (District of Columbia)
IM-OR-0002-9000

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