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ALRB counsel: federal court denies preliminary injunction, plaintiffs file consolidated complaint in Western Growers suits
Summary
Chief Board Counsel Laura Heik told the Agricultural Labor Relations Board that a federal judge denied a preliminary injunction in the Western Growers litigation and ordered plaintiffs to file a consolidated complaint; the judge has directed the parties toward renewed motions to dismiss and set a hearing date.
Chief Board Counsel Laura Heik told the Agricultural Labor Relations Board that a federal district court denied in full the plaintiffs' motion for a preliminary injunction in the case brought by Western Growers Association and related plaintiffs.
Heik said the court consolidated two related matters and directed plaintiffs to file a consolidated complaint, which the counsel's office received July 1. "The judge has directed the plaintiffs to file a consolidated complaint, which they did yesterday," Heik said. She told the board that the consolidated complaint supersedes the prior complaints and that the office will refile motions to dismiss in the coming weeks.
Heik said the consolidated complaint will moot the office's prior pending motions to dismiss, but many of the same legal arguments are expected to apply; she reported the hearing on renewed motions to dismiss is scheduled for Aug. 18. Heik also reported that there was no new development in a related state-court appeal in the Fifth District, which remains fully briefed.
The report was informational; no board action was taken on litigation strategy during open session.
