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Perez v. Pan-American Berry Growers, LLC

United States District Court, D. Oregon

April 24, 2014

THOMAS E. PEREZ, SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR, Plaintiff,
v.
PAN-AMERICAN BERRY GROWERS, LLC, an Oregon limited liability company, Defendant.

ORDER

MICHAEL J. McSHANE, District Judge.

Magistrate Judge Thomas M. Coffin filed a Findings and Recommendation (ECF No. 48), and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed.R.Civ.P. 72(b). Plaintiff filed objections to the Findings and Recommendation. Accordingly, I have reviewed the file of this case de novo. See 28 U.S.C. § 636(b)(1)(c); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). I find no error and conclude the report is correct.

Plaintiff largely recites arguments made in its opposition to the motions to vacate. I agree with Judge Coffin that the unique circumstances in this case warrant granting defendants' motions to vacate. Plaintiff appears to believe Judge Coffin took issue with the Department of Labor's general practices regarding "hot goods objections." If so, I disagree.

The unique situation here involved a "hot goods objections" to a highly perishable product at peak harvest. As noted by Judge Coffin, additional delays, even of mere days, threatened to cripple the growers. Additionally, the Department of Labor had recently changed the implementation (and remedy) of its policy. Under these circumstances, defendants had no choice but to agree to the consent judgments. I agree with Judge Coffin that any delay in filing the motion to vacate was reasonable under the circumstances.

Magistrate Judge Coffin's Findings and Recommendation (ECF No. 48) is adopted in full. Defendants' motions to vacate their respective consent judgments (ECF No.5 in 12-1474-TC and ECF No.5 in 12-1566-TC) are GRANTED. The Department of Labor's motion to dismiss (ECF No. 32 in 13-14390TC) is GRANTED.

IT IS SO ORDERED.


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