United States Ninth Circuit

Protective order denying discovery to inquire into plaintiffs' immigration status is affirmed. District court properly found such discovery would unduly burden plaintiffs; defendant had the opportunity to examine their status upon hiring, and their status is irrelevant to the question of liability.

Appellate Information

• Argued 07/16/2003
• Decided 04/13/2004
• Published 04/13/2004

Judges

• REINHARDT, Circuit Judge:, Before: REINHARDT, SILER, and HAWKINS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Sara Hedgpeth-Harris,Sagaser, Franson & Jones, Fresno, CA, for the appellant., Rebecca Smith, The National Employment Law Project, Olympia, WA, for amici curiae The National Employment Law Project, Mexican American Legal Defense and Educational Fund, American Federation of State, County and Municipal Employees, Asian American Legal Defense and Education Fund, Asian Pacific American Legal Center, Coalition for the Humane Immigrant Rights of Los Angeles, Equal Rights Advocates, New York Immigration Coalition, Immigrant Rights Network of Iowa-Nebraska, National Council of la Raza, National Interfaith Committee for Worker Justice, Puerto Rican Legal Defense and Education Fund, Pineros y Campesinos Unidos del Noreste, and Sweatshop Watch.  Brendan D. Cummins, Minneapolis, MN, for amici curiae The National Employment Lawyers Association, California Women's Law Center, and The National Partnership for Women and Families.


• For Appellees:
  
• Christopher Ho, The Legal Aid Society-Employment Law Center, San Francisco, CA, for the appellees.