Saramiento

I. BACKGROUND

4 Plaintiff Rigoberto Sarmiento filed this employment class action on November 12, 2020 as 5 the sole named plaintiff. See Complaint, ECF No. 1. On June 11, 2021, an amended complaint was 6 filed joining Luevano-Vaca, a former H-2A worker for Fresh Harvest. See First Amended 7 Complaint (“FAC”), ECF No. 53. In its Answer, Fresh Harvest asserted a counterclaim against 8 Luevano-Vaca, alleging that in joining the present action, Luevano-Vaca breached a settlement 9 agreement releasing all claims against Fresh Harvest he had signed while a putative class member 10 to Sarmiento’s action. See Answer, ECF No. 59 at 31–33. Luevano-Vaca moved to dismiss Fresh 11 Harvest’s counterclaim, arguing that the settlement was void because it violated 29 C.F.R. § 501.5 12 of the H-2A regulations. See Motion to Dismiss, ECF No. 66. 29 C.F.R. § 501.5 prohibits seeking 13 an agreement with an H-2A worker that would waive or modify his or her rights under the H-2A 14 regulations, except if supervised by the Secretary of Labor or “in settlement of private litigation.” 15 29 C.F.R. § 501.5. Fresh Harvest opposed Luevano-Vaca’s motion, arguing that (1) class action 16…