On December 13, 2007, the United Farm Workers and Farmworker Justice, two worker advocacy groups, filed this lawsuit against the U.S. Department of Labor (DOL). They filed under the Freedom of Information Act in the U.S. District Court for the District of Columbia, and the case was assigned to ...
read more >
On December 13, 2007, the United Farm Workers and Farmworker Justice, two worker advocacy groups, filed this lawsuit against the U.S. Department of Labor (DOL). They filed under the Freedom of Information Act in the U.S. District Court for the District of Columbia, and the case was assigned to Judge Henry H. Kennedy. The plaintiffs, represented by the Public Citizen Litigation Group and Farmworker Justice sought declaratory and injunctive relief. Specifically, they requested that their document requests be fulfilled without delay or cost and that the defendant's failure to produce these documents previously be declared as unlawful. The plaintiffs alleged that the DOL failed to release public information about employers who had used the H-2A visa program to hire foreign guest workers instead of U.S. workers. The plaintiffs wrote that they had made 7 separate FOIA requests, some nearly a year ago, which the DOL had either ignored or responded to in a deficient manner. The plaintiffs alleged that the FOIA requests were made in order to uncover documents which they believe will show employer abuses in the H-2A program.
On February 8, 2008, the plaintiffs filed an amended complaint after the DOL identified 32,809 documents that would fulfill the plaintiffs sixth and seventh FOIA requests but refused to produce them without reproduction costs of $723.50. The amended complaint reiterated their request for the documents without cost. On March 10, 2008, the defendants filed a motion to dismiss for lack of jurisdiction and a motion for summary judgment, which was answered by the plaintiffs' cross-motion for summary judgment on April 11, 2008.
Before the court decided on these motions, the plaintiffs filed a status report on July 18, 2008. The report stated that the DOL had produced documents in response to all 7 FOIA requests to the plaintiffs' satisfaction, and also granted fee waivers for all requests. The report concluded that all matters had settled except for attorneys' fees and costs. The defendants entered a stipulation of settlement paying attorneys' fees and voluntary dismissal on September 5, 2008, which was accepted by the Court on September 11, 2008. The case is now closed.
Dan Dalton - 12/21/2007
Carter Powers Beggs - 10/23/2019
compress summary
