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Case Name Figueroa v. Servicios Agricolas Mex, Inc. IM-AZ-0012
Docket / Court 2:07-cv-02581-EHC ( D. Ariz. )
State/Territory Arizona
Case Type(s) Immigration
Case Summary
On December 19, 2007, attorneys with Community Legal Services of Arizona and Farmworker Justice filed suit in the United States District Court for the District of Arizona on behalf of displaced American farmworkers who were replaced by foreign workers during 2006-2007 and previous citrus harvesting ... read more >
On December 19, 2007, attorneys with Community Legal Services of Arizona and Farmworker Justice filed suit in the United States District Court for the District of Arizona on behalf of displaced American farmworkers who were replaced by foreign workers during 2006-2007 and previous citrus harvesting seasons. Plaintiffs alleged that defendants, an Arizona grower and farm labor contractor, violated 42 U.S.C. § 1981 and the Migrant and Seasonal Agricultural Worker Protection Act ("AWPA"), 29 U.S.C. §§ 1802 et seq., by providing false and misleading information to the federal government concerning the terms and conditions of employing farmworkers. Plaintiffs, who all worked for defendants during the 2005-2006 season, alleged that defendants refused to rehire them for the 2006-2007 season and instead told the government that they couldn't find any workers, therefore forcing them to hire migrant workers under the H-2A foreign guestworker program. Plaintiffs sought lost wages and an injunction to prevent the defendants from discriminating against U.S. workers in their hiring practices.

Shortly after the case began, it was consolidated with another action for pretrial purposes only (Reynaldo Guerra Jimenez, et al. v. Servicios Agricolas Mex Inc., et al., No. CV07-1492-PHX-GMS). On September 20, 2010, the Court (Judge G. Murray Snow) entered an order denying the defendants' motion for summary judgment, and granting and denying in part plaintiffs' motion for summary judgment. Jimenez v. Servicios Agricolas Mex, Inc., 742 F. Supp. 2d 1078 (D. Az. 2010). The Court found that plaintiffs had put forth evidence that defendants had refused to rehire them, and instead hired non-citizen immigrant workers, holding that defendants deprived plaintiffs of an equal right to contract as was enjoyed by others, and that defendants engaged in such discrimination against plaintiffs based on their citizenship status. The Court denied summary judgment to all other claims.

On April 8, 2011, the parties notified the Court that they had reached a settlement in the Jimenez case; however, the parties also informed the Court that they were unable to settle the Murillo case. The Court unconsolidated the two cases and dismissed Jimenez with prejudice.

From August 23 through September 2, 2011, a seven-day bench trial was held before Judge Snow. The defendants moved for judgment as a matter of law after they rested their case.

On March 27, 2012, the Court (Judge Snow) entered his findings of fact and conclusions of law. Murillo v. Servicios Agricolas Mex, Inc., No. CV-07-2581-PHX-GMS, 2012 WL 1030084 (D. Az. Mar. 27, 2012). The Court found that defendants violated the "working arrangement" they had undertaken with certain of the plaintiffs, and that they did not inform these plaintiffs prior to the beginning of the season that defendants would not be employing them. As a result, the Court found, a number of the plaintiffs were unemployed for some time at the beginning of the harvest season while they sought work elsewhere. The Court held this was a violation of a provision of AWPA, 29 U.S.C. § 1832(c), and awarded statutory damages in the amount of $500 to ten of the plaintiffs, $250 to another ten, and $150 to another eight. The Court awarded no relief to the remaining 143 plaintiffs. The Court entered judgment accordingly on April 26, 2012.

On May 25, 2012, the plaintiffs filed a notice of appeal, seeking review of the Court's final judgment. The case was argued before and submitted to the United States Court of Appeals for the Ninth Circuit in March of 2014. As of October 4, 2014, the appeal remains pending.

Dan Dalton - 12/21/2007
Dan Whitman - 10/07/2014


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Issues and Causes of Action
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Issues
Discrimination-basis
Immigration status
Immigration
Employment
Temporary foreign workers program
Work authorization - criteria
Work authorization - procedures
Plaintiff Type
Private Plaintiff
Causes of Action Migrant and Seasonal Agricultural Workers Protection Act, 29 U.S.C. §§ 1801-1871
42 U.S.C. § 1981
Defendant(s) Marlin Ranching Company
Richard De Leon, Ralph De Leon, d/b/a Servicios Agricolas Mexicanos
Servicios Agricolas Mex, Inc.
Plaintiff Description Displaced U.S. farmworkers employed by Defendants in the 2005-2006 and previous citrus harvesting seasons and replaced by foreign migrant workers
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
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)
CV07-01492-PHX-GMS (D. Ariz.) 06/30/2011
IM-AZ-0012-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
2:07-cv-02581-EHC (D. Ariz.) 02/07/2014
IM-AZ-0012-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief 12/19/2007
IM-AZ-0012-0001.pdf | Detail
US Farmworkers Displaced by Guestworkers Sue Employers for Discrimination, Violation of Worker Protection Laws 12/19/2007
IM-AZ-0012-0002.pdf | Detail
Order denying Defendants' Motion for Summary Judgment, and Granting in Part and Denying in Part Plaintiffs' Motion for Summary Judgment 09/20/2010 (742 F.Supp.2d 1078) (D. Ariz.)
IM-AZ-0012-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Fifth Amended Complaint for Declaratory and Injunctive Relief and Damages 08/12/2011
IM-AZ-0012-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Findings of Fact and Conclusions of Law 03/27/2012 (2012 WL 1030084) (D. Ariz.)
IM-AZ-0012-0005.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Snow, G. Murray (State Appellate Court, D. Ariz.)
IM-AZ-0012-0003 | IM-AZ-0012-0005 | IM-AZ-0012-9000 | IM-AZ-0012-9001
Monitors/Masters None on record
Plaintiff's Lawyers Bridge, Pamela Marie (Arizona)
IM-AZ-0012-0001 | IM-AZ-0012-0004 | IM-AZ-0012-9000 | IM-AZ-0012-9001
Karsh, Joshua (Illinois)
IM-AZ-0012-9001
McKay, George H. (Arizona)
IM-AZ-0012-0001 | IM-AZ-0012-9000 | IM-AZ-0012-9001
Ruiz, Virginia (District of Columbia)
IM-AZ-0012-9000 | IM-AZ-0012-9001
Willenson, Marni (Illinois)
IM-AZ-0012-9000 | IM-AZ-0012-9001
Defendant's Lawyers Campbell, Harold Edward III (Arizona)
IM-AZ-0012-9000
Crowe, Thomas N. (Arizona)
IM-AZ-0012-9000 | IM-AZ-0012-9001
Other Lawyers None on record

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