Galaviz-Zamora v. Brady Farms, Inc.

230 F.R.D. 499, 2005 U.S. Dist. LEXIS 22120, 2005 WL 2372326
CourtDistrict Court, W.D. Michigan
DecidedSeptember 23, 2005
DocketNo. 1:04-CV-661
StatusPublished
Cited by23 cases

This text of 230 F.R.D. 499 (Galaviz-Zamora v. Brady Farms, Inc.) is published on Counsel Stack Legal Research, covering District Court, W.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Galaviz-Zamora v. Brady Farms, Inc., 230 F.R.D. 499, 2005 U.S. Dist. LEXIS 22120, 2005 WL 2372326 (W.D. Mich. 2005).

Opinion

ORDER

CARMODY, United States Magistrate Judge.

This matter is before the Court on Plaintiffs’ Motion for Protective Order. (Dkt.#44). As discussed herein, Plaintiffs motion is granted in part and denied in part.

Plaintiffs are a class of migrant and seasonal agricultural workers who allege that Defendants' violated their rights under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (AWPA). In defending the present action Defendants have submitted to Plaintiffs various interrogatories and requests for production seeking information which Plaintiffs allege is designed for the improper purpose of determining their immigration status.

For example, Defendants seek to discover the following: (1) Plaintiffs’ social security numbers; (2) the various addresses of Plaintiffs’ private residences; (3) copies of Plaintiffs’ tax returns (including all W-2s and 1099s); (4) copies of Plaintiffs’ driver’s licenses or identification cards; (5) copies of Plaintiffs’ social security cards; (6) copies of Plaintiffs’ passports; (7) copies of Plaintiffs’ Alien Registration cards; (8) copies of Plaintiffs’ Employment Authorization cards; (9) copies of Plaintiffs’ voter’s registration cards; (10) copies of each Plaintiff’s United States birth certificate or Certificate of Birth Abroad issued by the United States Department of State. (Dkt. #45, Exhibits 1-2). Plaintiffs seek a protective order preventing Defendants from discovering such information.

[501]*501Pursuant to Federal Rule of Civil Procedure 26(c) the Court may “make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense.” See also, Degen v. United States, 517 U.S. 820, 826, 116 S.Ct. 1777, 135 L.Ed.2d 102 (1996) (the court has the authority “to manage discovery in a civil suit, including the power to enter protective orders limiting discovery as the interests of justice require”); In re Sealed Case (Medical Records), 381 F.3d 1205, 1216 (D.C.Cir.2004)(“the ‘court, in its discretion, is authorized by [Rule 26(c)] to fashion a set of limitations that allows as much relevant material to be discovered as possible, while preventing unnecessary intrusions into the legitimate interests — including privacy and other confidentiality interests— that might be harmed by the release of the material sought’ ”).

The party seeking the imposition of a protective orders bears the burden of establishing that good cause exists to impose such relief. See Nix v. Sword, 11 Fed.Appx. 498, 500 (6th Cir., May 24, 2001) (citations omitted). To establish good cause, the party seeking a protective order “must articulate specific facts showing ‘clearly defined and serious injury’ resulting from the discovery sought and cannot rely on mere conclusory statements.” Id. (citations omitted). As discussed below, the Court finds that Plaintiffs have satisfied this standard.

There is no question that the disputed discovery requests are designed to uncover Plaintiffs’ immigration status. Defendants readily acknowledge such, asserting that Plaintiffs’ immigration status is “relevant for purposes of establishing their entitlement to damages and their standing to sue.” Defendants further assert that Plaintiffs’ immigration status is relevant to class certification as well as assessing credibility. The Court is unpersuaded.

In support of its position that Plaintiffs’ immigration status is relevant for purposes of establishing standing and damages, Defendants rely on Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137, 122 S.Ct. 1275, 152 L.Ed.2d 271 (2002). This reliance is misplaced.

In 1988, Hoffman Plastics hired Jose Castro. Id. at 140, 122 S.Ct. 1275. Several months later, Hoffman laid off Castro and other employees engaged in union organizing activities. Id. Finding Hoffman’s action illegal, the National Labor Relations Board (NLRB) ordered Hoffman to reinstate several employees, including Castro, with backpay. Id. at 140-41, 122 S.Ct. 1275. It was later determined, however, that Castro had “never been legally admitted to, or authorized to work in, the United States.” Id. at 141, 122 S.Ct. 1275. Based on this evidence, an ALJ ruled that Castro was not entitled to back-pay. Id. The NLRB reversed this determination. Id. at 141-42, 122 S.Ct. 1275. The Court of Appeals for the District of Columbia Circuit affirmed the NLRB’s decision, a ruling which Hoffman appealed to the United States Supreme Court. Id. at 142, 122 S.Ct. 1275. The Court concluded that awarding backpay to illegal aliens “for years of work not performed?’ ran counter to the “comprehensive scheme prohibiting the employment of illegal aliens” enacted by Congress. Id. at 147-49, 122 S.Ct. 1275 (emphasis added). The Court, therefore, reversed the decision of the court of appeals on the ground that Castro was not entitled to receive backpay for work he never performed. Id. at 152, 122 S.Ct. 1275.

At first glance, Hoffman appears to support Defendants’ position that Plaintiffs’ immigration status is relevant in this matter. However, courts have “limited the application of Hoffman to cases where claims of backpay are made for work ‘not performed.’ ” Flores v. Amigon, 233 F.Supp.2d 462, 463 (E.D.N.Y. 2002) (citations omitted). As the Flores court recognized, the Hoffman court “did not expressly deal with the circumstances presented here, where the plaintiffs have already performed the work for which unpaid wages were being sought.” Id.

The Flores court also noted that the policy issues implicated in Hoffman are not implicated in circumstances where an employee seeks backpay for work already performed. Id. at 464. For example, while the award of backpay in Hoffman was held to be contrary to federal immigration law, compelling employers to pay illegal aliens at the same rate [502]*502as legal workers (for work actually performed) helps eliminate the incentive to employ illegal aliens, one of the stated goals of federal immigration law. Id. The Flores court further observed that “the distinction between undocumented workers seeking backpay for wages actually earned and those seeking backpay for work not performed has been recognized by courts even prior to the decision in Hoffman.” Id. at 463-64.

The Flores court, therefore, declined to extend Hoffman to circumstances such as those presently before the Court where individuals seek fair compensation for work already performed. The Court is persuaded by the Flores court’s reasoning and analysis. Defendants have presented no controlling authority concluding otherwise. While Defendants have identified authority which purportedly supports extending Hoffman to the facts of this case, the Court finds such authority unpersuasive. Accordingly, the Court concludes that Plaintiffs’ immigration status is not relevant for purposes of standing or damages.

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Bluebook (online)
230 F.R.D. 499, 2005 U.S. Dist. LEXIS 22120, 2005 WL 2372326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galaviz-zamora-v-brady-farms-inc-miwd-2005.