University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Escobar v. Baker IM-WA-0005
Docket / Court 3:92-cv-05016-TSZ ( W.D. Wash. )
State/Territory Washington
Case Type(s) Immigration
Case Summary
On January 16, 1992, migrant agricultural workers of Mexican descent filed a lawsuit against farm owner employers in the U.S. District Court for the Western District of Washington, alleging violations of the Migrant and Seasonal Agricultural Workers Protection Act, 29 U.S.C.A. § 1801, et seq. and ... read more >
On January 16, 1992, migrant agricultural workers of Mexican descent filed a lawsuit against farm owner employers in the U.S. District Court for the Western District of Washington, alleging violations of the Migrant and Seasonal Agricultural Workers Protection Act, 29 U.S.C.A. § 1801, et seq. and Washington State Farm Labor Contractor Act, RCW 49.48.010. Plaintiffs claimed that they were fired by farm owners because they sought legal advice from attorneys from Oregon Legal Services as to their employment rights. Plaintiffs were represented by attorneys for the National Employment Law Project. They sought declaratory and injunctive relief.

The parties filed cross-motions for summary judgment. Defendants also moved to compel plaintiffs to attend depositions in the state of Washington, which the District Court (Judge Thomas S. Zilly) granted in part.

On February 24, 1993, Judge Zilly issued his order on the parties' cross-motions for summary judgment, entering judgment for plaintiffs on several claims and for the defendants on others. Judge Zilly found that the farm owners had violated federal disclosure and recordkeeping requirements, and federal labor camp certification requirements. He determined, however, that the farm owners had not violated the Acts by using unlicensed farm labor. He reset the case for a pre-trial conference on the remaining claims. Escobar v. Baker, 814 F.Supp. 1491 (W.D. Wash. 1993).

Several weeks later, the parties notified the Court that they settled the case. Judge Zilly entered an order on March 8, 1993 closing the case in light of the settlement. The parties were given 120 days in which to finalize their settlement papers or to advise the Court if the settlement fell through. We do not know the details of the settlement as the agreement was not filed with the Court.

We have no further information on the case.

Erica Woodruff - 08/09/2007


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Issues and Causes of Action
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Issues
Immigration
Employment
Temporary foreign workers program
Undocumented immigrants - rights and duties
Work authorization - criteria
Plaintiff Type
Private Plaintiff
Causes of Action State law
Migrant and Seasonal Agricultural Workers Protection Act, 29 U.S.C. §§ 1801-1871
Defendant(s) Anne BAKER d/b/a Anne's Berry Farm
Jerry Dobbins d/b/a Dobbins Berry Farm
Plaintiff Description Migrant agricultural workers of Mexican descent employed by farms in Washington state.
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 Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration not on record
Case Closing Year 1993
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)
3:92-cv-05016-TSZ (W.D. Wash.) 03/22/1993
IM-WA-0005-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion 02/24/1993 (814 F.Supp. 1491) (W.D. Wash.)
IM-WA-0005-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Zilly, Thomas Samuel (W.D. Wash.)
IM-WA-0005-0001 | IM-WA-0005-9000
Monitors/Masters None on record
Plaintiff's Lawyers Smith, Rebecca Ann (Washington)
IM-WA-0005-0001 | IM-WA-0005-9000
Defendant's Lawyers Connolly, Paul R.J. (Oregon)
IM-WA-0005-0001 | IM-WA-0005-9000
Peeples, Darrell (Washington)
IM-WA-0005-0001 | IM-WA-0005-9000
Wyckoff, Douglas Peter (Washington)
IM-WA-0005-9000
Other Lawyers None on record

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