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`Case 1:20-cv-01452-DAD-JLT Document 40 Filed 11/16/20 Page 1 of 2
`
`JEFFREY BOSSERT CLARK
`Acting Assistant Attorney General
`JOHN V. COGHLAN
`Deputy Assistant Attorney General
`ERIC WOMACK
`Assistant Branch Director, Federal Programs Branch
`MICHAEL J. GAFFNEY (D.C. Bar No. 1048531)
`Trial Attorney
`United States Department of Justice
`Civil Division, Federal Programs Branch
`1100 L St. NW
`Washington, DC 20005
`Tel: (202) 514-2356
`Fax: (202) 616-8470
`Email: Michael.J.Gaffney@usdoj.gov
`
`Attorneys for Defendants
`
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`
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`
`
`IN THE UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF CALIFORNIA
`FRESNO DIVISION
`
`Case No. 1:20-CV-01452-DAD-JLT
`
`
`
`NOTICE
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`Defendants.
`
`Defendants file this notice in response to a factual representation in Plaintiffs’ most recent filing
`that may be relevant to the Court’s consideration of Defendants’ pending motion.1 In the opposition
`Plaintiffs filed on November 11, 2020, Plaintiffs stated that the Department of Labor’s final rule “ignores
`that, under this Court’s Order, 2020 FLS data will be available to calculate 2021 AEWRs.” ECF 39 at 1;
`see also ECF 39 at 5, 10. To the extent Plaintiffs’ statement is intended to indicate that USDA will be
`able to collect and publish 2020 FLS data before the end of the calendar year as a consequence of the
`
`1 Defendants waived the right to file a written reply to Plaintiffs’ opposition, but requested an
`opportunity to reply orally, should the Court set a date for a hearing. See ECF 37 at 1. Accordingly,
`Defendants do not present any legal argument herein.
`
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`1
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`UNITED FARM WORKERS, et al.,
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`Plaintiffs,
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` v.
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`SONNY PERDUE, in his official capacity as
`the Secretary of the United States Department
`of Agriculture, et al.,
`
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`
`
`Case 1:20-cv-01452-DAD-JLT Document 40 Filed 11/16/20 Page 2 of 2
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`Court’s October 28 Order, Defendants provide this notice and the attached declaration to clarify the
`timeline for the Farm Labor Survey data collection and Farm Labor report publication following this
`Court’s Order barring suspension of the data collection previously scheduled for October. See Exhibit 1,
`Declaration of Hubert Hamer.
`Dated: November 16, 2020
`
`
`
`
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`
`
`Respectfully submitted,
`
`JEFFREY BOSSERT CLARK
`Acting Assistant Attorney General
`
`JOHN V. COGHLAN
`Deputy Assistant Attorney General
`
`ERIC WOMACK
`Assistant Branch Director, Federal Programs
`Branch
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`By:
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`/s/ Michael J. Gaffney
`
`MICHAEL J. GAFFNEY (D.C. Bar No. 1048531)
`Trial Attorney
`United States Department of Justice
`Civil Division, Federal Programs Branch
`1100 L St. NW
`Washington, DC 20005
`Tel: (202) 514-2356
`Fax: (202) 616-8470
`Email: Michael.J.Gaffney@usdoj.gov
`
`
`
`Attorneys for Defendants
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`2
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`
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