United States v. Sunrise Produce LLC

19 OCAHO no. 1544 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE CHIEF ADMINISTRATIVE HEARING OFFICER UNITED STATES OF AMERICA, Complainant, v. SUNRISE PRODUCE LLC, Respondent. April 15, 2024 Appearances: Ariel Chino, Esq., for Complainant Scott Davidson, Esq., for Respondent 8 U.S.C. § 1324a Proceeding OCAHO Case No. 2023A00075 ORDER SETTING CASE SCHEDULE This case arises under the employment discrimination provisions of the Immigration and Nationality Act (INA), as amended, 8 U.S.C. § 1324a. Complainant, the Department of Homeland Security, Immigration and Customs Enforcement, filed a complaint against Respondent, Sunrise Produce LLC, on July 6, 2023. Respondent filed an answer on August 15, 2023.

On November 21, 2023, the Court received the parties’ Joint Motion For and Consent to Referral to Settlement Officer Program. On November 29, 2023, the Court referred this case to the Settlement Officer Program for a period of sixty days, beginning December 4, 2023. The Settlement Officer Program referral period ended on February 2, 2024. On February 6, 2024, the Court requested a status report due on or before March 1, 2024.

To date, the parties have ignored the court’s order to provide a status report. In failing to meet the expectations of the forum, the parties also lost their opportunity to be heard on the case schedule. 19 OCAHO no. 1544 The Court now sets the following revised case schedule: Dispositive motions due: Responses to dispositive motions due: Tentative hearing: Hearing location: If the parties have reached a settlement agreement, or do so before the due date for dispositive motions, they should consult 28 C.F.R. § 68.14(a)(2) for guidance on how the parties should notify the court of their settlement agreement and jointly move to dismiss the case.1 The filing should also indicate whether the parties would like the case dismissed with or without prejudice. May 6, 2024 30 days after the filing of dispositive motion Fall 2024 Harlingen, TX SO ORDERED.

Dated and entered on April 15, 2024. __________________________________ Honorable Andrea R. Carroll-Tipton Administrative Law Judge 1 Please note joint motions must contain compliant certificates of service. See 28 C.F.R. § 68.6(a). 2