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`Case 1:20-cv-01452-DAD-JLT Document 62 Filed 03/26/21 Page 1 of 3
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`Mark Selwyn (SBN 244180)
`mark.selwyn@wilmerhale.com
`WILMER CUTLER PICKERING
`HALE AND DORR LLP
`2600 El Camino Real
`Suite 400
`Palo Alto, California 94306
`Telephone: (650) 858-6031
`Facsimile: (650) 858-6100
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`Attorney for Plaintiffs
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`MICHAEL D. GRANSTON
`Deputy Assistant Attorney General
`ERIC WOMACK
`Assistant Branch Director
`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
`Email: Michael.J.Gaffney@usdoj.gov
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`Attorneys for Defendants
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`IN THE UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF CALIFORNIA
`FRESNO DIVISION
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`Case No. 1:20-CV-01452-DAD-JLT
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`JOINT STIPULATION OF DISMISSAL
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`Defendants.
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`UNITED FARM WORKERS, et al.,
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`Plaintiffs,
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`THOMAS J. VILSACK, 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 62 Filed 03/26/21 Page 2 of 3
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`IT IS HEREBY STIPULATED, by and between the parties that the above-captioned action is
`dismissed without prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The reasons
`for this Stipulation are as follows:
`On September 30, 2020, Defendants published a notice in the Federal Register announcing
`1.
`its intent to cancel data collection for the Farm Labor Survey (FLS) that was originally scheduled to be
`conducted in October 2020 and to cancel the corresponding publication of the Farm Labor Report (FLR)
`that was originally scheduled for November 2020 (Notice). See Notice of Revision to the Agricultural
`Labor Survey and Farm Labor Reports by Suspending Data Collection for October 2020, 85 Fed. Reg.
`61719 (Sept. 30, 2020).
`On October 13, 2020, Plaintiffs filed their Complaint, ECF 1, and a Motion for a
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`Temporary Restraining Order and Preliminary Injunction (Motion), seeking injunctive relief to prevent
`Defendants from canceling the October 2020 FLS data collection and the November 2020 FLR
`publication. ECF 3.
`On October 28, 2020, following expedited briefing and oral argument, the Court granted
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`Plaintiffs’ Motion (Order). ECF 33. The Order stated “that defendants shall be restrained and prevented
`from giving effect to the September 30, 2020 decision to suspend the October 2020 FLS and cease
`publication of the November 2020 FLR.” Id. at 28.
`On November 25, 2020, the Court denied Defendants’ Motion to Modify and Dissolve the
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`Temporary Restraining Order and Preliminary Injunction. ECF 43.
`Accordingly, USDA conducted the FLS data collection previously scheduled for October
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`2020, and on February 11, 2021, USDA’s National Agricultural Statistics Service published the FLR that
`had previously been scheduled for November 2020, reporting the quarterly and annual data based on the
`FLS
`data
`collection.
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`See NASS,
`Farm Labor Report,
`February
`11,
`2021,
`https://downloads.usda.library.cornell.edu/usda-esmis/files/x920fw89s/f7624565c/2v23wn12m/
`fmla0221.pdf.
`NASS has indicated that it intends to perform the next FLS as scheduled in April 2021 and
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`release the next FLR on May 26, 2021. See NASS, Publications – Reports by Date (May 2021),
`https://www.nass.usda.gov/Publications/Calendar/reports_by_date.php?month=05.
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`JOINT STIPULATION OF DISMISSAL
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`Case 1:20-cv-01452-DAD-JLT Document 62 Filed 03/26/21 Page 3 of 3
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`The parties therefore agree that this litigation is now moot.
`7.
`The Parties therefore stipulate that the above-captioned action is dismissed without prejudice,
`pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii).
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`Dated: March 26, 2021
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`By:
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`/s/ Mark Selwyn
`MARK SELWYN (SBN 244180)
`Wilmer Cutler Pickering Hale and Dorr LLP
`Attorney for Plaintiffs
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`MICHAEL D. GRANSTON
`Deputy Assistant Attorney General
`ERIC WOMACK
`Assistant Branch Director
`(authorized 3/25/21)
`/s/ Michael Gaffney
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`MICHAEL J. GAFFNEY (D.C. Bar No. 1048531)
`Trial Attorney
`United States Department of Justice
`Civil Division, Federal Programs Branch
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`Attorneys for Defendants
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`Dated: March 26, 2021
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`By:
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`JOINT STIPULATION OF DISMISSAL
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