Equal Employment Opportunity Commission v. Global Horizons, Inc.

287 F.R.D. 644, 2012 WL 5986418, 2012 U.S. Dist. LEXIS 169779
CourtDistrict Court, E.D. Washington
DecidedNovember 29, 2012
DocketNo. CV-11-3045-EFS
StatusPublished
Cited by1 cases

This text of 287 F.R.D. 644 (Equal Employment Opportunity Commission v. Global Horizons, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Equal Employment Opportunity Commission v. Global Horizons, Inc., 287 F.R.D. 644, 2012 WL 5986418, 2012 U.S. Dist. LEXIS 169779 (E.D. Wash. 2012).

Opinion

ORDER RULING ON THE PARTIES’ DISCOVERY-RELATED MOTIONS, SETTING AN EXPEDITED HEARING, AND CAUTIONING COUNSEL

EDWARD F. SHEA, Senior District Judge.

A telephonic hearing occurred in the above-captioned matter on November 20, 2012. Plaintiff Equal Employment Opportunity Commission (EEOC) was represented by Lorena Garcia-Bautista and Elizabeth Esparza-Cervantes. Beth Joffe appeared on behalf of Defendant Green Acre Farms, Inc. (“Green Acre”) and Valley Fruit Orchards, LLC (“Valley Fruit”) (collectively, “Grower Defendants”). Before the Court was the Grower Defendants’ Motion to Compel Rule 26(a)(1) Disclosures, ECF No. 201, and the EEOC’s Motion for Protective Order Re: Immigration Status, Information Related to Immigration Status, and Identities of Class [646]*646Members, ECF No. 217. After reviewing the record and relevant authority and hearing from counsel, the Court was fully informed. This Order supplements and memorializes the Court’s oral rulings. Following the hearing, the Court received a fax from the Grower Defendants’ counsel on November 26, 2012; this Order addresses that faxed document as well.

A. Background

Each of the Grower Defendants entered into separate contracts with Global Horizons, Inc. (“Global”) for Global to provide H-2A guest workers to the Grower Defendants’ orchards. Consistent with the contracts, Global provided Thai individuals with H-2A guest worker visas to the Grower Defendants’ orchards to work in 2004 and 2005.

The Thai workers contend that Global and the Grower Defendants subjected them to discriminatory and intolerable working conditions. On April 18, 2006, the Thai workers (“Claimants”) filed identical charges of discrimination with the EEOC against these entities. On August 26, 2010, the EEOC issued Letters of Determination as to the 1) 73 charges of discrimination filed against Green Acre Farms and 2) 29 charges of discrimination filed against Valley Fruit. These Letters of Determination named the Claimants and were sent to the Grower Defendants.

In 2011, the Claimants filed this class lawsuit against Global and the Grower Defendants, naming Marut Kongpia and Laphit Khadthan as class representatives. ECF No. 1. On February 1, 2012, a Scheduling Order was entered, setting an initial disclosure deadline of March 8, 2012. ECF No. 54. On March 1, 2012, an Order was entered staying discovery based on a federal criminal prosecution brought against the owner and certain employees of Global in the District of Hawaii, United States v. Orian, et al., No. 10-CR-00576-SOM (D.Haw.); however, the civil stay did not extend to motions practice or initial disclosures under Federal Rule of Civil Procedure 26(a)(1)(A).

On March 7, 2012, the EEOC served its initial disclosures, which were signed by EEOC counsel Ms. Esparza-Cervantes. ECF No. 202-1. The initial disclosures identified the Claimants by first and last initials and indicated at which farm(s) the Claimant worked; the EEOC mentioned that it would disclose the Claimants’ names subject to a protective order.

On March 20, 2012, the EEOC filed its First Amended Complaint, asserting the following Title VII claims under 42 U.S.C. §§ 2000e-5 and 2000e-6: 1) Defendants engaged in a pattern or practice of discriminatory treatment toward the Claimants because of their national origin or race, 2) Defendants subjected the Claimants to a hostile work environment because of their race or national origin, thereby constructively discharging the Claimants, 3) Defendants discriminated against the Claimants because of their race or national origin, and 4) Defendants retaliated against the Claimants for complaining about the subjected-to discrimination and hostile work environment. ECF No. 141. On April 6, 2012, the Grower Defendants filed motions to dismiss the First Amended Complaint for failure to state a claim, ECF Nos. 150 & 154. On July 27, 2012, the Court granted in part and denied in part the Grower Defendants’ motions to dismiss: 1) dismissing the disparate treatment claim and related pattern and practice claim against all Grower Defendants, 2) dismissing the retaliation claim and related pattern and practice claim against Valley Fruit, 3) dismissing the claims against the Grower Defendants based on non-orchard-related matters, 4) dismissing the claims exceeding the 300-day statute of limitations, 5) permitting the hostile work environment and constructive discharge claims and related pattern and practice claims against the Grower Defendants as to orchard-related matters, and 6) permitting the retaliation claim and related pattern and practice claim against Green Acre as to orchard-related matters. ECF No. 178. On August 1, 2012, the Court lifted the civil-discovery stay because the criminal proceeding in the District of Hawaii was dismissed. ECF No. 184.

On October 4, 2012, Ms. Esparza-Cer-vantes emailed defense counsel about entering into a stipulated protective order regarding the Claimants’ names and immigration [647]*647status; a telephone conference was set for October 9, 2012. ECF No. 219-1. On October 5, 2012, the Grower Defendants produced 3,000 pages of discovery in response to the EEOC’s First Requests for Production of Documents, including Global invoice records, which list the Thai workers’ names and hours worked at the Grower Defendants’ orchards for that billing period.

During the October 9, 2012 telephonic conference, Ms. Esparza-Cervantes and Derek Li participated for the EEOC, and Beth Joffe and Brendan Monahan participated for the Grower Defendants. On October 10, 2012, Ms. Joffe wrote a five-page letter to memorialize the October 9, 2012 telephone conference. ECF No. 231-3. The letter discussed the Grower Defendants’ understanding as to the parties’ respective positions regarding damage disclosures and the discovery of the Claimants’ names and immigration status. Id. Ms. Joffe’s letter concluded, “If we do not hear from you [by Monday, October 15, 2012], I think it is fair to say that attempts to confer have been exhausted and we will file a motion accordingly.” Id.

On October 12, 2012, Ms. Esparza-Cer-vantes sent two emails to defense counsel. In her first email, Ms. Esparza-Cervantes emailed Mr. Monahan, thanking him for his letter1 regarding the October 9, 2012 meet- and-eonfer and indicating that she would respond to the letter by the end of the following week. ECF No. 219^4. In her second email, Ms. Esparza-Cervantes emailed both Mr. Monahan and Ms. Joffe to inquire whether they would be amenable to a December hearing date on the EEOC’s anticipated motion for a protective order. ECF No. 219-5. It is unclear whether defense counsel received or read these emails; however, it is clear that defense counsel did not respond to either email.

At 1:54 p.m. on October 22, 2012, the Grower Defendants filed their motion to compel. ECF No. 201. Later that day at 2:47 p.m., unaware that the Grower Defendants had filed their motion, Ms. Esparza-Cervantes emailed Ms. Joffe and Mr. Mona-han stating that she “obtained all information I needed to respond to your letter following up on our October 9, 2012 conference call regarding the EEOC’s need to protect immigration status and claimant identity information,” and she would follow-up with a proposed protective order on the issues she believed were resolved. ECF No. 219-2.

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Related

Equal Employment Opportunity Commission v. Global Horizons, Inc.
940 F. Supp. 2d 1316 (E.D. Washington, 2013)

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Bluebook (online)
287 F.R.D. 644, 2012 WL 5986418, 2012 U.S. Dist. LEXIS 169779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/equal-employment-opportunity-commission-v-global-horizons-inc-waed-2012.