1:23-cv-02660•A.B. et al v. Jacobs Solutions Inc. et al
Full text
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 23-cv-02660-RMR-CYC F.C., A.B., D.D.R., L.V., Ra.G, R.S., J.D.C., W.C., G.G., R.C., D.L., E.I., M.G., E.C., Rh.P., L.L., J.J.G., R.V., R.L., A.S., E.A., J.V., A.C., A.G., A.A., R.A., Ro.L., Ro.P., S.N., B.M., G.T., J.B., E.D.C., V.A., Re.D., C.S., Ra.D., M.R., L.P. I.E., M.A., Ro.D., A.D., Ri.D., Rod.O., M.D.L., Ri.O., En.C., Ron.O., G.S., B.D., C.C., and N.C., Plaintiffs, v. JACOBS ENGINEERING GROUP INC., CH2M HILL COMPANIES, LTD., and CH2M HILL INTERNATIONAL, LTD., Defendants. ______________________________________________________________________________ RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE ______________________________________________________________________________ Cyrus Y. Chung, United States Magistrate Judge. Defendants Jacobs Engineering Group Inc.; CH2M Hill Companies, Ltd.; and CH2M Hill International, Ltd. move for interlocutory appeal, ECF No. 79, of this Court’s Order denying in part their motion to dismiss (the “Order”), F.C. v. Jacobs Sols. Inc., 790 F. Supp. 3d 1158 (D. Colo. 2025). The Order set out in detail the background of this case, with which the Court assumes familiarity. In particular, the defendants move to appeal the Court’s conclusion that the private right of action in the Trafficking Victims Protection Act (the “TVPRA”), 18 U.S.C. § 1595, applies extraterritorially. F.C., 790 F. Supp. 3d at 1179–85. A “district judge” may authorize interlocutory appeal of an order when he or she finds “that such order involves a controlling question of law as to which there is substantial ground for Case No. 1:23-cv-02660-RMR-CYC Document 119 filed 02/03/26 USDC Colorado pg 1 of 5
2 difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation.” 28 U.S.C. § 1292(b). “Appeals under this statute are ‘traditionally disfavored,’” Townsend v. Toro Co., No. 1:22-cv-00743-RMR-JPO, 2024 WL 6915533, at *3 (D. Colo. July 15, 2024) (quoting Vallario v. Vandehey, 554 F.3d 1259, 1262 (10th Cir. 2009)), and “exceedingly rare,” id. (quoting Carbajal v. Keefer, 51 F. Supp. 3d 1065, 1068 (D. Colo. 2014)), because they “are necessarily disruptive, time-consuming, and expensive for the parties and the courts.” Id. (quotation marks omitted). Whether to grant interlocutory appeal lies in the discretion of the district court, “and such relief ‘should be reserved for rare and extraordinary cases.’” Id. (quoting In re Richard D. Van Lunen Charitable Found., No. 22-cv- 02309-REB, 2023 WL 4706758, at *3 (D. Colo. July 24, 2023)). “[T]he party seeking the interlocutory appeal ‘has a heavy burden to show that exceptional circumstances’ warrant immediate appellate review.” Id. (quoting Hawaii ex rel. Louie v. JP Morgan Chase & Co., 921 F. Supp. 2d 1059, 1065 (D. Haw. 2013)). The parties agree that the Order involves a controlling question of law and that an appeal could materially advance the ultimate termination of the litigation. ECF No. 80 at 3 n.1. The only element of section 1292(b)’s requirements that they contest is whether there is substantial ground for difference of opinion. There, the defendants do not meet their burden. “To determine if a ‘substantial ground for difference of opinion’ exists under § 1292(b), courts must examine to what extent the controlling law is unclear.” Couch v. Telescope Inc., 611 F.3d 629, 633 (9th Cir. 2010). “District judges have not been bashful about refusing to find substantial reason to question a ruling of law, even in matters of first impression.” 16 Wright & Miller’s Federal Practice & Procedure § 3930 (3d ed. 2025). “Courts traditionally will find that a substantial ground for difference of opinion exists Case No. 1:23-cv-02660-RMR-CYC Document 119 filed 02/03/26 USDC Colorado pg 2 of 5
3 where ‘the circuits are in dispute on the question and the court of appeals of the circuit has not spoken on the point, if complicated questions arise under foreign law, or if novel and difficult questions of first impression are presented.’” Couch, 611 F.3d at 633 (quoting 3 Federal Procedure, Lawyers Edition § 3:212 (2010)). None of those circumstances are present. The only two circuits to speak on the extraterritoriality of the TVPRA’s civil cause of action agree with this Court, even if the Fifth Circuit’s treatment of the issue is more of a passing remark than a detailed analysis. See Roe v. Howard, 917 F.3d 229, 239–43 (4th Cir. 2019); Adhikari v. Kellogg Brown & Root, Inc., 845 F.3d 184, 204–05 (5th Cir. 2017). This is not, then, a question where “the four circuits that have offered opinions on the issue have split evenly,” State Farm Mut. Auto. Ins. Co. v. Boellstorff, 540 F.3d 1223, 1224 (10th Cir. 2008), or one where “federal circuit courts of appeal[] have called the holding of” a relied-upon Tenth Circuit precedent “into question.” Atl. Richfield Co. v. NL Indus., Inc., No. 20-cv-00234-NYW-KAS, 2023 WL 5333756, at *6 (D. Colo. Aug. 18, 2023). There is no issue of foreign law in interpreting the TVPRA. And it is not a matter of first impression; even in 2016, there was an “overwhelming majority of courts” that shared this Court’s conclusion. F.C., 790 F. Supp. 3d at 1181 (quoting Ratha v. Phatthana Seafood Co., Ltd., No. CV 16-4271-JFW (ASx), 2016 WL 11020222, at *6 (C.D. Cal. Nov. 9, 2016)). Nor do the defendants seriously argue that the traditional grounds justify an interlocutory appeal here. Instead, they point to two decisions from a single out-of-circuit district judge to carry the weight of their burden, ECF No. 79 at 5–6 (citing Doe I v. Apple Inc., No. 1:19-cv-03737 (CJN), 2021 WL 5774224, at *14 (D.D.C. Nov. 2, 2021), aff’d, 96 F.4th 403 (D.C. Cir. 2024), and Mia v. Kimberly-Clark Corp., No. 1:22-cv-02353 (CJN), 2025 WL 752564, at *6 (D.D.C. Mar. 10, 2025)), as well as a third decision that found Doe I to be “persuasive.” Xu Lun v. Milwaukee Case No. 1:23-cv-02660-RMR-CYC Document 119 filed 02/03/26 USDC Colorado pg 3 of 5
4 Elec. Tool Corp., No. 24-cv-0803-BHL, 2025 WL 3443536, at *14 (E.D. Wis. Dec. 1, 2025); see ECF No. 102.1 And to be sure, there are occasions on which “conflicting positions” in different district courts along with a lack of “definitive guidance” can provide sufficient difference in opinion to warrant interlocutory appeal. Shire LLC v. Sandoz Inc., No. 07-cv-00197-PAB-CBS, 2008 WL 5120728, at *2 (D. Colo. Dec. 5, 2008). But “just because the authorities are not unanimous on a question of law does not mean a court must find that substantial grounds for difference of opinion exist.” Dekeyser v. Thyssenkrupp Waupaca, Inc., No. 08-C-488, 2009 WL 750278, at *3 (E.D. Wis. Mar. 20, 2009) (citing North Carolina ex rel. Howes v. W.R. Peele, Sr. Trust, 889 F. Supp. 849, 852 (E.D.N.C. 1995)). Thus, “differences in opinion among district courts outside the governing circuit do not require a finding of substantial grounds,” United States ex rel. A1 Procurement, LLC v. Thermcor, Inc., 173 F. Supp. 3d 320, 323 (E.D. Va. 2016), and “it is not enough” even “that the only other case on point reached the opposite conclusion.” Freedom Transp., Inc. v. Navistar Int'l Corp., No. 2:18-CV-02602-JAR-KGG, 2020 WL 108670, at *3 (D. Kan. Jan. 9, 2020). So it is here: the existing circuit authority is unanimous, and the district court decisions that conflict with this Court’s opinion do not create substantial grounds for difference of opinion. Indeed, Xu Lun does not engage with this Court’s reasoning at all, despite post-dating it; had it done so, it may have been unnecessary to address the extraterritoriality question there at all, given that the primary TVPRA “offender” was a Hong Kong corporation outside of the ambit of 18 U.S.C. § 1596(a)’s scope of extraterritorial jurisdiction. See Xu Lun, 2025 WL 3443536, at *1; see also F.C., 790 F. Supp. 3d at 1183–84. 1 A fourth cited decision, Doe v. MG Freesites, Ltd., No. 7:21-cv-00220-LSC, 2024 WL 5339485, at *18 (N.D. Ala. Dec. 19, 2024), never squarely addressed extraterritoriality because it held that the plaintiff’s case involved a domestic application of the TVPRA. Case No. 1:23-cv-02660-RMR-CYC Document 119 filed 02/03/26 USDC Colorado pg 4 of 5
5 The short of it is that while there is some conflict in the district courts in the interpretation of the TVPRA, it falls short of substantial ground for difference of opinion. Because this case was reassigned to a district judge after the Order pursuant to D.C.COLO.LCivR 40.1(a), the final authority on interlocutory appeal belongs to the district judge. See Vitols v. Citizens Banking Co., 984 F.2d 168, 169–70 (6th Cir. 1993). Accordingly, the Court RECOMMENDS2 that the Defendants’ Motion for Certification for Interlocutory Appeal Pursuant to 28 U.S.C. § 1292(b), ECF No. 79, be DENIED. Dated this 3rd day of February, 2026 at Denver, Colorado. BY THE COURT: ____________________________________ Cyrus Y. Chung United States Magistrate Judge 2 Be advised that all parties shall have fourteen days after service hereof to serve and file any written objections in order to obtain reconsideration by the District Judge to whom this case is assigned. Fed. R. Civ. P. 72. The party filing objections must specifically identify those findings or recommendations to which the objections are being made. The District Court need not consider frivolous, conclusive, or general objections. A party’s failure to file such written objections to proposed findings and recommendations contained in this report may bar the party from a de novo determination by the District Judge of the proposed findings and recommendations. United States v. Raddatz, 447 U.S. 667, 676–83 (1980); 28 U.S.C. § 636(b)(1). Additionally, the failure to file written objections to the proposed findings and recommendations within fourteen days after being served with a copy may bar the aggrieved party from appealing the factual findings and legal conclusions of the Magistrate Judge that are accepted or adopted by the District Court. Duffield v. Jackson, 545 F.3d 1234, 1237 (10th Cir. 2008) (quoting Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991)). Finally, all parties must consult and comply with the District Judge’s practice standards for any specific requirements concerning the filing and briefing of objections. Case No. 1:23-cv-02660-RMR-CYC Document 119 filed 02/03/26 USDC Colorado pg 5 of 5
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.