Case: Perez-Farias v. Global Horizons, Inc.

2:05-cv-03061 | U.S. District Court for the Eastern District of Washington

Filed Date: July 12, 2005

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On July 12, 2005, three U.S. orchard workers from Yakima Valley who had been denied or terminated from agricultural employment, brought this class action lawsuit in the U.S. District Court for the Eastern District of Washington. Represented by Columbia Legal Services and private counsel, the plaintiffs sued Global Horizons, Green Acre Farms, Platte River Insurance Company, and Valley Fruit Orchards, under the Migrants and Seasonal Agricultural Worker Protection Act (29 U.S.C. § 1801), the Farm…

On July 12, 2005, three U.S. orchard workers from Yakima Valley who had been denied or terminated from agricultural employment, brought this class action lawsuit in the U.S. District Court for the Eastern District of Washington. Represented by Columbia Legal Services and private counsel, the plaintiffs sued Global Horizons, Green Acre Farms, Platte River Insurance Company, and Valley Fruit Orchards, under the Migrants and Seasonal Agricultural Worker Protection Act (29 U.S.C. § 1801), the Farm Labor Contractors Act (42 U.S.C § 1981), and Washington anti-discrimination law.

In their complaint (amended several times), the plaintiffs sought declaratory and injunctive relief, as well as damages. They alleged that the defendants systematically and intentionally preferred H-2A laborers from Thailand to U.S. workers, in violation of federal and state law. The plaintiffs also claimed that the defendants provided false and misleading information concerning the terms and conditions of employment, failed to comply with the working arrangement, failed to pay wages as promised, and failed to provide adequate written pay statements in violation of 29 U.S.C. § 1801. They sought declaratory, injunctive, and monetary relief.

The case was assigned to Magistrate Judge Michael W. Leavitt. On February 3, 2006, the plaintiffs filed a motion to certify the class, which Magistrate Judge Leavitt granted on July 28, 2006. 2006 WL 2129295. The class was defined as "All workers who were U.S. residents and who sought employment through defendant Global Horizons to work at either Green Acre Farms or Valley Fruit Orchards in 2004, and all U.S. resident who, in the future, seek employment with or obtain employment with Global, Green Acre, or Valley Fruit." It also included three subclasses:

1. Denied Workers: All workers who were U.S. residents and who sought and were denied employment with the defendant and all U.S. residents who in the future would seek employment with the defendant,

2. Green Acre Workers: All workers who were U.S. residents and who were employed through the defendant Global to work at Green Acre Farms,

3. Valley Fruit Workers: All workers who were U.S. residents and who were employed through defendant Global to work at Valley fruit.

The Court also granted the plaintiffs' motion to bifercate the trial, separating the liability and damages issues.

Between May 2006 and February 2007, the plaintiffs filed several motions to compel discovery; each motion was granted by Judge Leavitt. (insert citations for discovery orders) On March 23, 2007, in response to yet another motion by the plaintiffs to compel discovery and for sanctions, the defendants filed their own motion for sanctions alleging that the plaintiffs' attorneys were using abusive litigation tactics to drive up costs, such as filing motions for contempt and sanctions knowing that the defendants' attorney was in the process of applying for permission to appear pro hac vice. The defendants eventually withdrew their motion for sanctions, and the plaintiffs' motion was denied by the Court on March 27, 2007. The Court also gave the defendants additional time to produce all the requested discovery documents.

When the defendants still did not produce the requested documents, the Court, in a May 2007 order, imposed sanctions in the amount of $12,500 against the defendants for the continued refusal to comply with the Court's order regarding discovery. Payment was due no later than June 1, 2007. The Court also warned that the defendant's continued failure to comply with the Court's order would result in additional monetary sanctions in the amount of $500 a day until there was full compliance.

In a July 11, 2007 order, District Court Judge Alan A. McDonald granted the plaintiffs' motion for partial summary judgment, finding that the defendants had violated the Migrant and Seasonal Agricultural Worker Protection Act (AWPA) and the Washington Farm Labor Contract Act (FLCA). He awarded statutory damages under FLCA. As to their motion to strike the defendants' jury demand with respect to the plaintiffs' Farm Labor Contractors Act and Migrants and Seasonal Agricultural Worker Protection Act claims, the Court granted the motion, the defendants' jury demand was stricken, and the plaintiffs were entitled to $1,857,000. The plaintiffs were denied summary judgment on the claim that the defendants intentionally deprived employees of wages.

Judge McDonald also imposed monetary sanctions on the defendants for their continued refusal to comply with the Court's orders. The Court ordered that the defendants immediately pay $27,000, in addition to the $12,500 previously imposed, and the additional penalty of $500 for each day the defendants failed to make payment. The Court also ordered defendant Global Horizons to appear before the court on July 24, 2007 or face criminal contempt charges. 2007 WL 2041973

The defendants filed motions for reconsideration of Judge McDonald's order regarding their failure to respond to the plaintiffs' partial summary judgment motions, but Judge McDonald passed away before considering the motions for reconsideration. The case was transferred to U.S. District Court Judge Robert H. Whaley, and on August 10, 2007, he vacated the judgment with respect to the amount of damages while leaving the portion of Judge McDonald's order that found that Global committed the alleged violations of the Farm Labor Contractors Act and Migrants and Seasonal Agricultural Worker Protection Act. He also vacated the award of statutory damages in the amount of $500 per violation per person because Judge McDonald did not cite to relevant 9th Circuit case law with respect to the awarding of statutory damages. 2007 WL 2327073, E.D.Wash.

In September of 2007, the plaintiffs' claims of racial discrimination, which were not resolved by Judge McDonald's order, were tried by a jury. It found that Global Horizons and Mordechai Orian violated the Farm Labor Contractors Act by failing to employ, or discharging or laying off members of the subclasses, and discriminated against the subclasses because of their race. The jury awarded $300,000 in punitive damages to the class, and awarded the following damages to the representative Plaintiffs: Ricardo Betancourt: $5099.50 for lost wages, $2500.00 for emotional distress; Jose F. Sanchez: $492.20 for lost wages, $5,000.00 for emotional distress; Jose Guadalupe Perez-Farias; $0.00 for lost wages, $4,000.00 for emotional. The Court entered judgment on October 23, 2007 consistent with the jury's findings.

The claims against "Grower Defendants" (the named defendants other than Global Horizons) were tried separately by the Court. On March 27, 2008, the Court determined that Grower Defendants did not discriminate against the subclasses based on race and dismissed the plaintiffs' discrimination claims against the Grower Defendants. The Court upheld the jury verdict against defendant Global Horizon. With respect to the FLCA claims, the Grower Defendants were found liable for FLCA violations. 2008 WL 833055, E.D.Wash.

The Court also addressed Global Horizons' post-trial motions, upholding the jury verdict with respect to the discrimination claim against Global and Mordechai Orian and the FLCA claims asserted against Global, but agreeing with the Global Horizons that, as a matter of law, Mordechai Orian could not be held individually liable for violations of the FLCA.

On May 23, 2008, the judgment for damages for racial discrimination was amended, and the denied-work subclass definition was changed. 2008 WL 2180166, E.D.Wash. The judgment was again amended on June 15, 2009, specifying which defendant was liable to which plaintiff for what damages; Global and Grower Defendants were responsible, jointly and severally, for lost wages to each plaintiff while Global alone was responsible only for damages for emotional distress to each of the three named plaintiffs. The $100,000 amount for punitive damages awarded to each subclass category did not change in the amendment of the judgment.

In April 2008, the Court ordered Global Horizons to pay the previously ordered monetary sanctions of $45,500 by May 30, 2008. The order stated that if Global Horizons failed to make the payment, its attorney would have to appeal and show cause why it failed to obey the Court's orders and why the sanctions should not be reduced to a judgment. The District Court Judge also referred the matter to Magistrate Judge James P. Hutton.

After Global Horizons failed to make the $45,500 payment, the Court ordered that a representative appear and show cause as to why Global had failed to obey the Court's orders. At a show cause hearing on June 3, 2009, Global's local counsel, Gary Lowland, appeared and reported that he had no knowledge to answer a majority of the Court's questions regarding Global's financial status. Thus, the Court directed Mordechai Orian, the president and chief strategic officer for Global Horizons, to appear at a supplemental show cause hearing to be held on July 2, 2008. On that day, Orian testified as to Global's financial status. Based on his testimony, Magistrate Judge Hutton issued a report and recommendation on July 21, 2008 concluding that Global Horizons was financially insolvent, with debts far exceeding its assets. Judge Hutton also suggested that the if Global Horizons insisted on continuing litigation, the District Court should consider imposing case dispositive sanctions on Global.

On August 6, 2008, Global Horizons filed a motion to seal, which was granted on January 4, 2011.

On November 14, 2008, the plaintiffs filed a memorandum for "Phase II" of the class action addressing class membership, injunctive relief, statutory damages for violations of the Farm Labor Contractors Act (FLCA), and the distribution of punitive damages awarded at trial. A bench trial was held on March 3, 2009, after which Judge Whaley issued Findings of Fact and Conclusions of Law regarding five of the plaintiffs' motions. 2009 WL 1011180. He determined that the plaintiffs were entitled to $235,000 in statutory damages, and each individual class member was to relieve $350 or more in statutory damages. The Court also held that proof of eligibility to work would not be necessary in order to receive statutory damages. The Court ultimately rejected the plaintiffs' attempts to hold two individuals personally liable for their companies' use of an unlicensed farm labor contractor as well as the plaintiffs' motion for injunctive relief against Global Horizons and Grower Defendants.

The defendants filed motions to amend the Court's Findings of Fact and Conclusions of Law, but those motions were denied in a June 15, 2009 Order addressing pending motions. That same day, the original judgment was amended for the second time, as previously mentioned, and the Court also issued a new judgment in favor of the plaintiffs reflecting what it had decided in its Findings of Fact and Conclusions of Law. The defendants filed an appeal to this new judgment on June 19, 2009.

Earlier, in May 2009, the plaintiffs had filed a motion for attorneys fees. The defendants filed motions to extend the time to respond to the motion, which was granted by the Court. The parties litigated over attorneys’ fees for several months until the Court granted the plaintiffs' motion for attorneys fees on March 24, 2010 and entered judgment in favor of the plaintiffs in the amount of $1,452,831. Global Horizons and Mr. Orian were also ordered to pay the Court $1,424.58 for costs of interpretation fees that were provided at trial on a cost-reimbursable basis. 2010 WL 11437705. The defendants appealed this decision in April 2010, but their appeal was dismissed on December 17, 2010 because they lacked representation by a licensed attorney.

On April 23, 2010, the plaintiffs filed a cross appeal to the 9th Circuit, appealing from the:

- March 24, 2010 Judgment Against Global for Reasonable Attorney's Fees;

- March 24, 2010 Order Granting Plaintiffs' Motion for Attorney's Fees;

- August 3, 2009 Second Amended Judgment of the Jury Verdict;

- August 8, 2009 Amended Judgment of the FLCA Statutory Damages;

- June 15, 2009 Order Addressing Pending Motions Re FLCA Emotional Distress Damages;

- April 15, 2009 Findings of Fact and Conclusions of Law Re FLCA Statutory Damages;

- March 27, 2008 Findings of Fact and Conclusions of Law Re Claims against Grower Defendants; and

- August 10, 2007 Order Vacating FCLA Damages Judgment

The 9th Circuit (J. Richard R. Clifton, N. Randy Smith, and Edward R. Korman) heard oral arguments on July 12, 2011. It held on August 17, that the district court had erred in not awarding the workers the full amount of mandatory statutory damages under the Farm Labor Contractors Act – their damages should equal $1,998,500. It affirmed the district court’s finding on the grower defendants’ liability regarding discrimination. 447 Fed.Appx. 843.

The 9th Circuit then withdrew its August 17th order and granted a petition for rehearing. 669 F.3d 927. It then certified to the Washington State Supreme Court three issues of state law. These issues were:

1. Did the Fair Labor Contractors Act, specifically Washington Revised Code § 19.30.17(2) mandate that courts order a $500 damage award per plaintiff per violation, or did courts have discretion to decide the appropriate amount?

2. If the Fair Labor Contractors Act mandated a $500 per plaintiff per violation award, did that violate Washington’s public policy or due process guarantees?

3. Could people who had not been “aggrieved” by a violation nonetheless be awarded damages under the Fair Labor Contractors Act? 669 F.3d 927.

On September 27, 2012, the Washington Supreme Court held that the $500 per plaintiff per violation damage award was mandated under the Fair Labor Contractors Act and due process did not require a cap on statutory damages. Moreover, nothing in the Washington State law conflicted with Congress’s ability to enact statutes that created standing where legal rights had been violated without injury. 175 Wash.2d 518.

On December 5, the 9th Circuit entered another order that the district court had erred in awarding less than $500 per plaintiff per violation, and should have ordered a total damages award of $1,998,500. 669 F.3d 927. In May 2014, it granted the plaintiffs attorneys’ fees totaling $141,513.50 for appellate litigation.

Back in District Court, the plaintiffs continued to seek payment from the defendants for owed sanctions. As this case had carried on, Global Horizons had been involved in a separate case, Nasee v. Global Horizon, in which it was granted a motion for costs and fees. Because Global Horizon owed a significant amount in sanction fees for this case, On November 8, 2011, Judge Whaley in the District Court directed the award of $3,293.22 deposited into the Court's registry and disbursed to the plaintiffs’ counsel.

On December 9, 2011, the plaintiffs moved for the district court to order Platte River Insurance pay a bond to be disbursed to the plaintiffs. Washington state law requires farm labor contractors to obtain bonds to “be conditions on payment of sums legally owing under contract to an agricultural employee.” Platte River Insurance held such bonds for the parties in the case. Judge Whaley granted the plaintiffs’ motion on January 18, 2012, contingent on the 9th Circuit remanding the issue to the district court. 2012 WL 12830389. On March 26, 2012, Judge Whaley directed disbursements of the funds.

After receiving the 9th Circuit’s holding, the District Court amended its August 3, 2009 judgment. On March 27, 2013, it held that the Denied Worker Subclass was to recover $997,099.50, the Green Acre Subclass was to recover $410,492.20, and the Valley Fruit Subclass was to recover $596,500.00.

Judge Whaley granted plaintiffs’ motion for fees on June 28, 2013 with $979,394.25 for attorneys fees and 39,842.66 for costs. The plaintiffs then moved for attorneys’ fees for post appellate work, which was granted on August 27 for a total of $41,125.55

On November 4, 2013, the plaintiffs’ attorneys submitted a Satisfaction of Judgments to the court, stating:

- All judgments against Green Acre Farm and Valley Fruit Orchard had been fully satisfied;

- All judgments for plaintiffs against Global Horizons and Mordechai Orian had been fully satisfied;

- Judgments for attorneys’ fees and costs against Global Horizon and Mordechai Orian were still unsatisfied in the amount of $486,717,64

After the plaintiffs’ counsel attempted to find and compensate all class members to the case, $813,542.58 remained undistributed to silent members. The plaintiffs moved to distribute the money through incentive awards (for the representative plaintiffs in compensation for their work on the case); costs (for the cost of distributing the funds to class members); and cy press (to help advance the objectives of the Farm Labor Contractors Act). On April 2, 2014, Judge Whaley granted the plaintiffs’ motion as follows

- $7,500 to each representative plaintiff as an incentive award

- $25,258.51 to Columbia Legal Services as compensation for costs of distribution

- $495,990.01 to Columbia Legal Services as cy press ($95,990 of which was to remain in reserve through the end of 2014 to pay additional class members who came forward)

- $95,261.33 each to Northwest Justice Project, Laurel Rubin Farmworker Justice Project, and Northwest Communities Education Center as cy press awards. 2014 WL 1399420.

There has been no further litigation and the case now appears closed.

Summary Authors

Saeeda Joseph-Charles (3/31/2017)

Gabriela Hybel (11/27/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5344104/parties/perez-farias-v-global-horizons-inc/


Judge(s)

Clifton, Richard R. (Hawaii)

Attorney for Plaintiff

Contreras, Mirta Laura (Washington)

Attorney for Defendant

Beattie, Paul Hamilton (Washington)

Bobbitt, Chrystal L. (California)

Bowman, David M. (Washington)

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Documents in the Clearinghouse

Document

2:05-cv-03061

Docket [PACER]

May 15, 2014

May 15, 2014

Docket
1-4

2:05-cv-03061

Complaint for Declaratory and Injunctive Relief and Damages

Perez-Farias . Global Horizons, Inc.

July 12, 2005

July 12, 2005

Complaint
114

2:05-cv-03061

Order Granting Plaintiffs' Motion to Compel Discovery and for Sanctions

June 5, 2006

June 5, 2006

Order/Opinion
133

2:05-cv-03061

Plaintiffs' Third Amended Complaint for Declaratory and Injunctive Relief and Damages

July 19, 2006

July 19, 2006

Complaint
136

2:05-cv-03061

Order re: Class Certification

July 28, 2006

July 28, 2006

Order/Opinion
190

2:05-cv-03061

Order Granting in Part Plaintiffs' Motion to Compel and Denying Sanctions

Nov. 28, 2006

Nov. 28, 2006

Order/Opinion
199

2:05-cv-03061

Order Regarding Plaintiffs' Motion to Compel Discovery

Dec. 18, 2006

Dec. 18, 2006

Order/Opinion
205

2:05-cv-03061

Order Denying Defendants' Motion for a Protective Order

Dec. 28, 2006

Dec. 28, 2006

Order/Opinion

2006 WL 2006

233

2:05-cv-03061

Order Granting Plaintiffs' Motion to Compel Discovery and for Sanctions

Feb. 8, 2007

Feb. 8, 2007

Order/Opinion
274

2:05-cv-03061

Order Granting Plaintiffs' Motion to Compel Discovery and for Sanctions

March 12, 2007

March 12, 2007

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5344104/perez-farias-v-global-horizons-inc/

Last updated Feb. 21, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND DAMAGES (CLASS ACTION) against Global Horizons Inc., Green Acre Farms Inc, Valley Fruit Orchards, LLC, Platte River Insurance Company ( Filing fee $ 250; Receipt # 061941). Summons issued. Filed by Ricardo Betancourt, Jose Guadalupe Perez-Farias, Jose F Sanchez and all other similarly situated persons. (Attachments: # 1 Complaint Continued, pp. 47-92; # 2 Civil Cover Sheet)(LE, Case Administrator) (Entered: 07/13/2005)

July 12, 2005

July 12, 2005

PACER
2

NOTICE of Appearance by Ryan M Edgley on behalf of Valley Fruit Orchards, LLC (Edgley, Ryan) (Entered: 07/29/2005)

July 29, 2005

July 29, 2005

PACER
3

NOTICE of Appearance by Ryan M Edgley on behalf of Green Acre Farms Inc (Edgley, Ryan) (Entered: 07/29/2005)

July 29, 2005

July 29, 2005

PACER
4

NOTICE of Appearance by Lawton Henry Humphrey on behalf of Global Horizons Inc. (Humphrey, Lawton) (Entered: 08/02/2005)

Aug. 2, 2005

Aug. 2, 2005

PACER
5

NOTICE of Appearance by Marvin Lee Gray, Jr on behalf of Global Horizons Inc. (Gray, Marvin) (Entered: 08/02/2005)

Aug. 2, 2005

Aug. 2, 2005

PACER
6

ANSWER to Complaint by Green Acre Farms Inc.(Edgley, Ryan) (Entered: 08/08/2005)

Aug. 8, 2005

Aug. 8, 2005

PACER
7

AMENDED ANSWER to Complaint 1 Complaint,, 6 Answer to Complaint by Green Acre Farms Inc. (Edgley, Ryan) (Entered: 08/10/2005)

Aug. 10, 2005

Aug. 10, 2005

PACER
8

ANSWER to Complaint by Valley Fruit Orchards, LLC.(Edgley, Ryan) (Entered: 08/10/2005)

Aug. 10, 2005

Aug. 10, 2005

PACER
9

First MOTION for Extension of Time to File Answer Complaint for Declaratory and Injunctive Relief and Damages by Global Horizons Inc.. (Attachments: # 1 Text of Proposed Order Ageed motion to Extend Deadline for Global Horizons Inc to File Its Answer)(Humphrey, Lawton) (Entered: 08/12/2005)

2 Text of Proposed Order Ageed motion to Extend Deadline for Global Horizons Inc t

View on PACER

Aug. 12, 2005

Aug. 12, 2005

PACER
10

NOTICE of Hearing on Motion re 9 First MOTION for Extension of Time to File Answer Complaint for Declaratory and Injunctive Relief and Damages: Motion Hearing set for 8/15/2005 at 06:30 PM Spokane for 9, before Judge Fred Van Sickle (Humphrey, Lawton) (Entered: 08/12/2005)

Aug. 12, 2005

Aug. 12, 2005

PACER
11

NOTICE of Appearance by Medora A Marisseau on behalf of Platte River Insurance Company (Marisseau, Medora) (Entered: 08/15/2005)

Aug. 15, 2005

Aug. 15, 2005

PACER
12

MOTION for Extension of Time to File Answer re 1 Complaint, Agreed Motion by Platte River Insurance Company. (Attachments: # 1 Text of Proposed Order Order)(Marisseau, Medora) Modified on 8/17/2005 **INCORRECT IMAGE AS ATTACHMENT**(VR, Case Administrator). (Entered: 08/16/2005)

Aug. 16, 2005

Aug. 16, 2005

PACER
13

Praecipe filed by Platte River Insurance Company: Re 12 MOTION for Extension of Time to File Answer re 1 Complaint, Agreed Motion Proposed Order. (Marisseau, Medora) (Entered: 08/17/2005)

Aug. 17, 2005

Aug. 17, 2005

PACER
14

TEXT ORDER: The "Agreed Motion to Extend Deadline for Global Horizons Inc. to File Its Answer" (Ct. Rec. 9) is granted. The "Agreed Motion to Extend Deadline for Platte River Ins. Co. to File Its Answer" (Ct. Rec. 12) is granted.. Signed by Judge Fred Van Sickle. (KJH, Judicial Assistant) (Entered: 08/19/2005)

Aug. 19, 2005

Aug. 19, 2005

PACER
15

NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant Global Horizons Inc.. Attorney Medora A. Marisseau is withdrawing. Lawton Henry Humphrey is substituted as counsel for Defendant. Notice of Substitution of Counsel for Defendant Platte River Insurance Co. (Humphrey, Lawton) (Entered: 08/29/2005)

Aug. 29, 2005

Aug. 29, 2005

PACER
16

SUMMONS Returned Executed by Ricardo Betancourt, Jose Guadalupe Perez-Farias, Jose F Sanchez re Global Horizons Inc., Green Acre Farms Inc, Valley Fruit Orchards, LLC, Platte River Insurance Company. (Isley, Lori) (Entered: 08/31/2005)

Aug. 31, 2005

Aug. 31, 2005

PACER
17

ANSWER to Complaint by Platte River Insurance Company.(Humphrey, Lawton) (Entered: 08/31/2005)

Aug. 31, 2005

Aug. 31, 2005

PACER
18

ANSWER to Complaint by Global Horizons Inc..(Humphrey, Lawton) (Entered: 08/31/2005)

Aug. 31, 2005

Aug. 31, 2005

PACER
19

SCHEDULING CONFERENCE NOTICE : Telephonic Scheduling Conference set for 10/20/2005 08:45 AM before Judge Fred Van Sickle. (Attachments: # 1 Consent)(CP, Courtroom Deputy) (Entered: 09/20/2005)

2 Consent

View on PACER

Sept. 20, 2005

Sept. 20, 2005

PACER
20

NOTICE of Appearance by Joachim Morrison on behalf of all plaintiffs (Morrison, Joachim) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

PACER
21

RULE 7.1 CORPORATE DISCLOSURE STATEMENT by Green Acre Farms Inc. (Edgley, Ryan) (Entered: 10/10/2005)

Oct. 10, 2005

Oct. 10, 2005

PACER
22

RULE 7.1 CORPORATE DISCLOSURE STATEMENT by Valley Fruit Orchards, LLC. (Edgley, Ryan) (Entered: 10/10/2005)

Oct. 10, 2005

Oct. 10, 2005

PACER
23

STATUS REPORT Joint Status Certificate by Global Horizons Inc.. (Humphrey, Lawton) (Entered: 10/10/2005)

Oct. 10, 2005

Oct. 10, 2005

PACER
24

RULE 7.1 CORPORATE DISCLOSURE STATEMENT by Global Horizons Inc.. (Humphrey, Lawton) (Entered: 10/10/2005)

Oct. 10, 2005

Oct. 10, 2005

PACER
25

RULE 7.1 CORPORATE DISCLOSURE STATEMENT by Platte River Insurance Company. (Humphrey, Lawton) (Entered: 10/11/2005)

Oct. 11, 2005

Oct. 11, 2005

PACER
26

AMENDED DOCUMENT by Platte River Insurance Company. Amended Corporate Disclosure. (Humphrey, Lawton) (Entered: 10/11/2005)

Oct. 11, 2005

Oct. 11, 2005

PACER
27

CONSENT BY ALL PARTIES TO TRIAL AND ORDER OF REFERENCE TO MAGISTRATE JUDGE. Case assigned to Magistrate Judge Michael W. Leavitt for all further proceedings. PLEASE NOTE THAT CASE NUMBER INITIALS ARE CHANGED TO: CV-05-3061-MWL Signed by Judge Robert H. Whaley. (LS, Courtroom Deputy) (Entered: 10/13/2005)

Oct. 13, 2005

Oct. 13, 2005

PACER
28

NOTICE SETTING COURT'S TELEPHONIC SCHEDULING CONFERENCE: Telephonic Scheduling Conference RESET for 10/20/2005 08:45 AM via Telephonic Argument before Magistrate Judge Michael W. Leavitt. The parties are to dial the court conference line: (509) 372-1234, at the time scheduled.(AG, Courtroom Deputy) (Entered: 10/14/2005)

Oct. 14, 2005

Oct. 14, 2005

PACER
29

ORDER RESETTING TELEPHONIC SCHEDULING CONFERENCE. Signed by Judge Michael W. Leavitt. (AG, Courtroom Deputy) (Entered: 10/14/2005)

Oct. 14, 2005

Oct. 14, 2005

PACER
30

Minute Entry for TELEPHONIC proceedings held before Judge Michael W. Leavitt : Telephonic Scheduling Conference held on 10/20/2005. (Reported/Recorded by: Not Reported) (KW, Case Administrator) (Entered: 10/20/2005)

Oct. 20, 2005

Oct. 20, 2005

PACER
31

NOTICE of Appearance by David M Bowman on behalf of Global Horizons Inc. (Bowman, David) (Entered: 10/20/2005)

Oct. 20, 2005

Oct. 20, 2005

PACER
32

NOTICE of Appearance by David M Bowman on behalf of Platte River Insurance Company (Bowman, David) (Entered: 10/20/2005)

Oct. 20, 2005

Oct. 20, 2005

PACER
33

SCHEDULING ORDER: Telephonic Status Conference set for 11/27/2006 02:00 PM in Telephonic Argument before Magistrate Judge Michael W. Leavitt. Telephonic Pretrial Conference set for 12/28/2006 11:00 AM in Telephonic Argument before Magistrate Judge Michael W. Leavitt. Jury Trial set for 1/15/2007 09:00 AM in Yakima before Magistrate Judge Michael W. Leavitt. Signed by Judge Michael W. Leavitt. (KW, Case Administrator) (Entered: 10/20/2005)

Oct. 20, 2005

Oct. 20, 2005

PACER
34

NOTICE of Appearance and Association of Counsel by Paul Hamilton Beattie on behalf of Green Acre Farms Inc, Valley Fruit Orchards, LLC (Beattie, Paul) (Entered: 11/17/2005)

Nov. 17, 2005

Nov. 17, 2005

PACER
40

Minute Entry for TELEPHONIC proceedings held before Judge Michael W. Leavitt : Discovery Hearing held on 11/28/2005. (Reported/Recorded by: Not Reported) (KW, Case Administrator) (Entered: 12/05/2005)

Nov. 28, 2005

Nov. 28, 2005

PACER
41

ORAL MOTION for Protective Order by Ricardo Betancourt, Jose Guadalupe Perez-Farias, Jose F Sanchez. (KW, Case Administrator) (Entered: 12/05/2005)

Nov. 28, 2005

Nov. 28, 2005

PACER
35

BRIEF ORDER REGARDING SCOPE OF DEPOSITIONS OF NAMED PLAINTIFFS PROPOSED by Ricardo Betancourt, Jose Guadalupe Perez-Farias, Jose F Sanchez. (Isley, Lori) (Entered: 11/30/2005)

Nov. 30, 2005

Nov. 30, 2005

PACER
36

ORDER REGARDING SCOPE OF DEPOSITIONS OF NAME PLAINTIFFS. Signed by Judge Michael W. Leavitt. (RF, Case Administrator) (Entered: 11/30/2005)

Nov. 30, 2005

Nov. 30, 2005

PACER
37

MEMORANDUM in Support of Motion for a Protective Order Prohibiting Discovery of Plaintiffs' Immigration Status by Ricardo Betancourt, Jose Guadalupe Perez-Farias, Jose F Sanchez. (Isley, Lori) (Entered: 11/30/2005)

Nov. 30, 2005

Nov. 30, 2005

PACER
38

Praecipe filed by Ricardo Betancourt, Jose Guadalupe Perez-Farias, Jose F Sanchez: Re 37 Memorandum Proposed Order Regarding Plaintiffs' Motion for a Protective Order of Plaintiffs' Immigration Status. (Isley, Lori) (Entered: 12/01/2005)

Dec. 1, 2005

Dec. 1, 2005

PACER
39

ORDER REGARDING PLAINTIFFS' MOTION FOR A PROTECTIVE ORDER OF PLAINTIFFS' IMMIGRATION STATUS. Signed by Judge Michael W. Leavitt. (RF, Case Administrator) (Entered: 12/02/2005)

Dec. 2, 2005

Dec. 2, 2005

PACER
42

MEMORANDUM in Opposition re 41 MOTION for Protective Order filed by Global Horizons Inc., Platte River Insurance Company. (Gray, Marvin) (Entered: 12/07/2005)

Dec. 7, 2005

Dec. 7, 2005

PACER
43

NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant Platte River Insurance Company. Attorney David M. Bowman is withdrawing. David M Bowman is substituted as counsel for Defendant. David Bowman is not substituted at this time. (Bowman, David) (Entered: 12/08/2005)

Dec. 8, 2005

Dec. 8, 2005

PACER
44

NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant Global Horizons Inc.. Attorney David M. Bowman is withdrawing. David M Bowman is substituted as counsel for Defendant. Marvin Gray and Lawton Humphrey remaining as counsel (Bowman, David) (Entered: 12/08/2005)

Dec. 8, 2005

Dec. 8, 2005

PACER
45

REPLY MEMORANDUM re 41 MOTION for Protective Order Regarding Immigration Status filed by Ricardo Betancourt, Jose Guadalupe Perez-Farias, Jose F Sanchez. (Isley, Lori) (Entered: 12/12/2005)

Dec. 12, 2005

Dec. 12, 2005

PACER
46

RESPONSE to Motion re 41 MOTION for Protective Order filed by Global Horizons Inc., Platte River Insurance Company. (Gray, Marvin) (Entered: 12/14/2005)

Dec. 14, 2005

Dec. 14, 2005

PACER
47

MOTION for Leave to File Excess Pages Plaintiffs' Motion in Support of Order to File and Overlength Brief by Ricardo Betancourt, Jose Guadalupe Perez-Farias, Jose F Sanchez. (Attachments: # 1 Text of Proposed Order)(Isley, Lori) (Entered: 12/14/2005)

2 Text of Proposed Order

View on PACER

Dec. 14, 2005

Dec. 14, 2005

PACER
48

RESPONSE to Motion re 47 MOTION for Leave to File Excess Pages Plaintiffs' Motion in Support of Order to File and Overlength Brief filed by Global Horizons Inc., Platte River Insurance Company. (Gray, Marvin) (Entered: 12/15/2005)

Dec. 15, 2005

Dec. 15, 2005

PACER
49

ORDER GRANTING PLAINTIFF'S MOTION TO EXCEED PAGE LIMIT. Ct. Rec. # 47 GRANTED NUNC PRO TUNC. Signed by Judge Michael W. Leavitt. (AG, Courtroom Deputy) (Entered: 12/15/2005)

Dec. 15, 2005

Dec. 15, 2005

PACER
50

ORDER GRANTING PLAINTIFF'S MOTION FOR A PROTECTIVE ORDER PROHIBITING DISCOVERY OF PLAINTIFFS' IMMIGRATION STATUS granting Ct. Rec. # 41 . Signed by Judge Michael W. Leavitt. (AG, Courtroom Deputy) (Entered: 01/04/2006)

Jan. 4, 2006

Jan. 4, 2006

RECAP
51

MOTION to Withdraw as Attorney (atty Marvin L. Gray, Jr.) by Global Horizons Inc.. (Gray, Marvin) (Entered: 01/09/2006)

Jan. 9, 2006

Jan. 9, 2006

PACER
52

NOTICE of Hearing on Motion re 51 MOTION to Withdraw as Attorney (atty Marvin L. Gray, Jr.): Motion Hearing set for 2/10/2006 at 06:30 PM Without Oral Argument for 51, before Magistrate Judge Michael W. Leavitt (Gray, Marvin) (Entered: 01/09/2006)

Jan. 9, 2006

Jan. 9, 2006

PACER
53

RESPONSE to Motion re 51 MOTION to Withdraw as Attorney (atty Marvin L. Gray, Jr.) Objection to Withdrawal Motion by Counsel for Defendant Global Horizons, Inc. filed by Ricardo Betancourt, Jose Guadalupe Perez-Farias, Jose F Sanchez. (Kuhling, Richard) (Entered: 01/12/2006)

Jan. 12, 2006

Jan. 12, 2006

PACER
54

REPLY MEMORANDUM re 51 MOTION to Withdraw as Attorney (atty Marvin L. Gray, Jr.) filed by Global Horizons Inc.. (Gray, Marvin) (Entered: 01/17/2006)

Jan. 17, 2006

Jan. 17, 2006

PACER
55

MOTION for Leave to File Excess Pages by Ricardo Betancourt, Jose Guadalupe Perez-Farias, Jose F Sanchez. (Attachments: # 1 Text of Proposed Order)(Isley, Lori) (Entered: 01/30/2006)

2 Text of Proposed Order

View on PACER

Jan. 30, 2006

Jan. 30, 2006

PACER
56

ORDER GRANTING PLAINTIFF'S MOTION TO EXCEED PAGE LIMIT granting Ct. Rec. # 55 . Signed by Judge Michael W. Leavitt. (AG, Courtroom Deputy) (Entered: 01/30/2006)

Jan. 30, 2006

Jan. 30, 2006

PACER
57

MOTION to Amend/Correct 1 Complaint, by Ricardo Betancourt, Jose Guadalupe Perez-Farias, Jose F Sanchez. (Attachments: # 1 Text of Proposed Order # 2 Proposed Amended Complaint)(Isley, Lori) (Entered: 02/03/2006)

2 Text of Proposed Order

View on PACER

3 Proposed Amended Complaint

View on PACER

Feb. 3, 2006

Feb. 3, 2006

PACER
58

NOTICE of Hearing on Motion re 57 MOTION to Amend/Correct 1 Complaint,: Motion Hearing set for 3/6/2006 at 06:30 PM Without Oral Argument for 57, before Magistrate Judge Michael W. Leavitt (Isley, Lori) (Entered: 02/03/2006)

Feb. 3, 2006

Feb. 3, 2006

PACER
59

DECLARATION by Marvin L. Gray, Jr. in Support re 51 MOTION to Withdraw as Attorney (atty Marvin L. Gray, Jr.) filed by Global Horizons Inc.. (Gray, Marvin) (Entered: 02/03/2006)

Feb. 3, 2006

Feb. 3, 2006

PACER
60

MOTION to Certify Class and Memorandum in Support by Ricardo Betancourt, Jose Guadalupe Perez-Farias, Jose F Sanchez. (Isley, Lori) (Entered: 02/03/2006)

Feb. 3, 2006

Feb. 3, 2006

PACER
61

NOTICE of Hearing on Motion Oral Argument Requested re 60 MOTION to Certify Class and Memorandum in Support: Motion Hearing set for 3/22/2006 at 11:00 AM Yakima Video Conference for 60, before Magistrate Judge Michael W. Leavitt (Isley, Lori) (Entered: 02/03/2006)

Feb. 3, 2006

Feb. 3, 2006

PACER

Remark: NOTICE OF HEARING RE Motion Hearing as to Ct. Rec. # 60 MOTION to Certify Class. Motion Hearing SET for 3/22/2006 at 11:00 AM IN YAKIMA BEFORE Magistrate Judge Michael W. Leavitt. NO PDF ATTACHED. (AG, Courtroom Deputy)

Feb. 3, 2006

Feb. 3, 2006

PACER
62

RESPONSE to Motion re 57 MOTION to Amend/Correct 1 Complaint, Defendants Global Horizons Inc. and Platte River Insurance Company's Response to Plaintiffs' Motion for Leave to File First Amended Complaint filed by Global Horizons Inc.. (Humphrey, Lawton) (Entered: 02/15/2006)

Feb. 15, 2006

Feb. 15, 2006

PACER
63

ORDER GRANTING MOTION TO WITHDRAW AS ATTORNEY OF RECORD granting Ct. Rec. # 51 Motion to Withdraw as Attorney. Attorney Marvin Lee Gray, Jr terminated. This Order STAYS all pending motions until the current issueregarding Global's retention of new counsel is resolved.Signed by Judge Michael W. Leavitt. (AG, Courtroom Deputy) (Entered: 02/17/2006)

Feb. 17, 2006

Feb. 17, 2006

PACER
64

PROOF OF SERVICE by Global Horizons Inc. (Attachments: # 1)(Humphrey, Lawton) (Entered: 02/24/2006)

Feb. 24, 2006

Feb. 24, 2006

PACER
65

NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant Global Horizons Inc.. Attorney Davis Wright Tremaine is withdrawing. Ryan M Edgley is substituted as counsel for Defendant. (Edgley, Ryan) (Entered: 03/20/2006)

March 20, 2006

March 20, 2006

PACER
66

ORDER RESETTING DATES FOLLOWING SUBSTITUTION OF COUNSEL. Signed by Judge Michael W. Leavitt. (AG, Courtroom Deputy) (Entered: 03/23/2006)

March 22, 2006

March 22, 2006

PACER
67

NOTICE of Hearing on Motion - By Court - Text entry; no PDF document as to Ct. Rec. # 57 MOTION to Amend/Correct 1 Complaint. Motion Hearing RESET for 4/10/2006 at 06:30 PM Without Oral Argument for before Magistrate Judge Michael W. Leavitt. Defendants shall be provided additional time, through April 3, 2006, to respond to Plaintiffs' pending motion to amend. See Ct. Rec. # 66 .(AG, Courtroom Deputy) (Entered: 03/23/2006)

March 22, 2006

March 22, 2006

PACER
68

NOTICE of Hearing on Motion - By Court - Text entry; no PDF document. Oral Argument Requested as to Ct. Rec. # 60 MOTION to Certify Class. Motion Hearing RESET for 5/8/2006 at 02:00 PM VIA Telephonic Argument for before Magistrate Judge Michael W. Leavitt. Defendants shall be provided additional time, through April 24, 2006, to respond to Plaintiffs' pending motion for class certification. Plaintiffs may file a reply, if any, on or before May 1, 2006. See Ct. Rec. # 66 .(AG, Courtroom Deputy) (Entered: 03/23/2006)

March 22, 2006

March 22, 2006

PACER
69

MOTION to Appear Pro Hac Vice CLASS ACTION re Attorney: Howard Foster. Filing fee $ 100. by Global Horizons Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Loudon, Jeffrey) (Entered: 03/31/2006)

2 Text of Proposed Order Proposed Order

View on PACER

March 31, 2006

March 31, 2006

PACER
70

NOTICE of Hearing on Motion re 69 MOTION to Appear Pro Hac Vice CLASS ACTION re Attorney: Howard Foster. Filing fee $ 100.: (Loudon, Jeffrey) (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

PACER
71

NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant Global Horizons Inc.. Attorney Ryan Edgley is withdrawing. Jeffrey Cole Loudon is substituted as counsel for Defendant. (Loudon, Jeffrey) (Entered: 04/03/2006)

April 3, 2006

April 3, 2006

PACER
72

ORDER GRANTING PLAINTIFFS' MOTION TO FILE AN AMENDED COMPLAINT granting Ct. Rec. # 57 . Plaintiffs are permitted to file their First Amended Complaint asproposed. Signed by Judge Michael W. Leavitt. (AG, Courtroom Deputy) (Entered: 04/11/2006)

April 11, 2006

April 11, 2006

PACER
73

ORDER GRANTING DEFENDANT'S MOTION FOR PRO HAC VICE ADMISSION OF COUNSEL granting Ct. Rec. # 69 . Added Attorney Howard W Foster for Global Horizons Inc. Signed by Judge Michael W. Leavitt. (AG, Courtroom Deputy) (Entered: 04/11/2006)

April 11, 2006

April 11, 2006

PACER
74

MOTION for Extension of Time to File Response/Reply as to 60 MOTION to Certify Class and Memorandum in Support by Global Horizons Inc.. (Attachments: # 1 # 2)(Foster, Howard) (Entered: 04/12/2006)

April 12, 2006

April 12, 2006

PACER
75

NOTICE of Hearing on Motion re 74 MOTION for Extension of Time to File Response/Reply as to 60 MOTION to Certify Class and Memorandum in Support: Motion Hearing set for 5/11/2006 at 06:30 PM Yakima for 74, before Magistrate Judge Michael W. Leavitt (Foster, Howard) (Entered: 04/12/2006)

April 12, 2006

April 12, 2006

PACER
76

MEMORANDUM in Opposition re 74 MOTION for Extension of Time to File Response/Reply as to 60 MOTION to Certify Class and Memorandum in Support filed by Ricardo Betancourt, Jose Guadalupe Perez-Farias, Jose F Sanchez. (Isley, Lori) (Entered: 04/13/2006)

April 13, 2006

April 13, 2006

PACER
77

First AMENDED COMPLAINT For Declaratory And Injunctive Relief And Damages against Global Horizons Inc., Green Acre Farms Inc, Valley Fruit Orchards, LLC, Platte River Insurance Company. Filed by Ricardo Betancourt, Jose Guadalupe Perez-Farias, Jose F Sanchez.(Isley, Lori) (Entered: 04/13/2006)

April 13, 2006

April 13, 2006

PACER
78

ORDER granting 74 Defendants' Motion for Extension of Time to Respond to Plaintiffs' Motion for Class Certification: Defendants' response due 5/8/06; Plaintiffs' reply due 5/15/06; Motion for Class Certification will be heard 5/24/06 at 2:00 p.m. with counsel appearing in person. Signed by Judge Michael W. Leavitt. (KW, Case Administrator) (Entered: 04/14/2006)

April 14, 2006

April 14, 2006

PACER
79

MOTION for Extension of Time to File Response/Reply to Defendants' Response to Class Certification by Ricardo Betancourt, Jose Guadalupe Perez-Farias, Jose F Sanchez. (Attachments: # 1)(Isley, Lori) (Entered: 04/17/2006)

April 17, 2006

April 17, 2006

PACER
80

NOTICE of Hearing on Motion re 79 MOTION for Extension of Time to File Response/Reply to Defendants' Response to Class Certification: Motion Hearing set for 5/18/2006 at 06:30 PM for 79, before Magistrate Judge Michael W. Leavitt (Isley, Lori) (Entered: 04/17/2006)

April 17, 2006

April 17, 2006

PACER
81

ORDER GRANTING PLAINTIFFS' MOTION FOR EXTENSION OF TIME TO REPLY TO DEFENDANTS' RESPONSE granting Ct. Rec. # 79 . Plaintiffs may file a reply to Defendants' response on or before May 19, 2006. As previously ordered, the Court shall hear Plaintiffs' motion for class certification on May 24, 2006 at 2:00 p.m. Counsel shall personally appear for the hearing unless otherwise requested and approved by the Court, and all other dates provided in the October 20, 2005 scheduling order Ct. Rec. 33 remain in effect. Signed by Judge Michael W. Leavitt. (AG, Courtroom Deputy) (Entered: 04/18/2006)

April 18, 2006

April 18, 2006

PACER
82

Second AMENDED COMPLAINT for Declaratory and Injunctive Relief and Damages against all defendants. Filed by Ricardo Betancourt, Jose Guadalupe Perez-Farias, Jose F Sanchez.(Kuhling, Richard) (Entered: 04/24/2006)

April 24, 2006

April 24, 2006

PACER
83

MOTION for Extension of Time to File to Join Additional Parties by Ricardo Betancourt, Jose Guadalupe Perez-Farias, Jose F Sanchez. (Kuhling, Richard) (Entered: 04/24/2006)

April 24, 2006

April 24, 2006

PACER
84

MEMORANDUM in Support re 83 MOTION for Extension of Time to File to Join Additional Parties filed by all plaintiffs. (Kuhling, Richard) (Entered: 04/24/2006)

April 24, 2006

April 24, 2006

PACER
85

DECLARATION by Lori Jordan Isley in Support re 83 MOTION for Extension of Time to File to Join Additional Parties filed by all plaintiffs. (Kuhling, Richard) (Entered: 04/24/2006)

April 24, 2006

April 24, 2006

PACER
86

OBJECTIONS re 82 Amended Complaint by Global Horizons Inc.. (Foster, Howard) (Entered: 04/25/2006)

April 25, 2006

April 25, 2006

PACER
87

Praecipe filed by Ricardo Betancourt, Jose Guadalupe Perez-Farias, Jose F Sanchez: Re 83 MOTION for Extension of Time to File to Join Additional Parties Proposed Order Attached. (Attachments: # 1)(Isley, Lori) (Entered: 04/25/2006)

April 25, 2006

April 25, 2006

PACER
88

NOTICE of Hearing on Motion re 83 MOTION for Extension of Time to File to Join Additional Parties: Motion Hearing set for 5/10/2006 at 06:30 PM for 83, before Magistrate Judge Michael W. Leavitt (Isley, Lori) (Entered: 04/25/2006)

April 25, 2006

April 25, 2006

PACER
89

MOTION to Compel and for Discovery Sanctions by all plaintiffs. (Isley, Lori) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

PACER
90

DECLARATION by Lori Jordan Isley in Support re 89 MOTION to Compel and for Discovery Sanctions filed by all plaintiffs. (Isley, Lori) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

PACER
91

NOTICE of Hearing on Motion re 89 MOTION to Compel and for Discovery Sanctions: Motion Hearing set for 6/1/2006 at 06:30 PM Without Oral Argument for 89, before Magistrate Judge Michael W. Leavitt (Isley, Lori) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

PACER
92

Praecipe filed by all plaintiffs: Re 89 MOTION to Compel and for Discovery Sanctions Proposed Order. (Isley, Lori) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

PACER
93

MEMORANDUM in Support re 89 MOTION to Compel and for Discovery Sanctions filed by all plaintiffs. (Isley, Lori) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

PACER
94

MOTION for Leave to File Excess Pages by Global Horizons Inc.. (Foster, Howard) (Entered: 05/04/2006)

May 4, 2006

May 4, 2006

PACER
95

NOTICE of Hearing on Motion re 94 MOTION for Leave to File Excess Pages: Motion Hearing set for 5/19/2006 at 06:30 PM Yakima for 94, before Magistrate Judge Michael W. Leavitt (Foster, Howard) (Entered: 05/04/2006)

May 4, 2006

May 4, 2006

PACER
96

ORDER PERMITTING PLAINTIFFS' SUBMISSION OF A SECOND AMENDED COMPLAINT as to Ct. Rec. # 82 . Signed by Judge Michael W. Leavitt. (AG, Courtroom Deputy) (Entered: 05/04/2006)

May 4, 2006

May 4, 2006

PACER
97

ORDER GRANTING PLAINTIFFS' MOTION FOR EXTENSION OF DEADLINE TO JOIN ADDITIONAL PARTIES AND ORDER CONTINUING HEARING ON PLAINTIFFS' MOTION FOR CLASS CERTIFICATION: granting 83 Motion to Extend Deadline to Join Additional Parties; deadline is reset to 6/26/06. Hearing on Plaintiffs' motion for class certification is continued to 7/5/06 at 2:00 p.m. Signed by Judge Michael W. Leavitt. (KW, Case Administrator) (Entered: 05/04/2006)

May 4, 2006

May 4, 2006

PACER
98

RESPONSE to Motion re 60 MOTION to Certify Class and Memorandum in Support filed by Global Horizons Inc., Platte River Insurance Company. (Foster, Howard) Modified on 5/9/2006 to reflect filing error. This Court record filed in error. Document Amended and refiled by counsel. See Ct. Rec. # 99 (AG, Courtroom Deputy). (Entered: 05/08/2006)

May 8, 2006

May 8, 2006

PACER
99

AMENDED RESPONSE to Motion re 60 MOTION to Certify Class and Memorandum in Support filed by Global Horizons Inc., Platte River Insurance Company. (Foster, Howard) Modified on 5/9/2006 to add the word "Amended" to document name. (AG, Courtroom Deputy). (Entered: 05/09/2006)

May 9, 2006

May 9, 2006

PACER

Case Details

State / Territory: Washington

Case Type(s):

Equal Employment

Labor Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 12, 2005

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Farm workers from Yakima Valley who were denied or terminated from agricultural employment

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Columbia Legal Services (formerly Evergreen)

Northwest Immigrant Rights Project (NWIRP)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Global Horizons Inc., Private Entity/Person

Green Acre Farms Inc., Private Entity/Person

Valley Fruit Orchards LLC, Private Entity/Person

Platte River Insurance Company, Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

State law

Migrant and Seasonal Agricultural Workers Protection Act, 29 U.S.C. §§ 1801-1871

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Litigation

Form of Settlement:

Confession of Judgment

Amount Defendant Pays: 3,245,374

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Hiring

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Pay / Benefits

Discrimination-basis:

Immigration status

National origin discrimination

Race discrimination

National Origin/Ethnicity:

Other