Case: Martinez v. Mecca Farms, Inc.

Martinez v. Mecca Farms, Inc

COMPLAINT FOR DAMAGES DECLARATORY RELIEF, LITIGATION COSTS AND ATTORNEY'S FEES filed; FILING FEE $150.00 RECEIPT # 715541 ; A-7; Magistrate Judge Ted E. Bandstra (at, Deputy Clerk) (Entered: 12/20/2001)

SUMMONS() issued for Mecca Farms, Inc (at, Deputy Clerk) (Entered: 12/20/2001)

SUMMONS() issued for Medrano Harvesting (at, Deputy Clerk) (Entered: 12/20/2001)

SUMMONS() issued for Maria Medrano (at, Deputy Clerk) (Entered: 12/20/2001)

SUMMONS() issued for Candido Packing, Inc (at, Deputy Clerk) (Entered: 12/20/2001)

SUMMONS() issued for Candido Munoz, Inc (at, Deputy Clerk) (Entered: 12/20/2001)

SUMMONS() issued for Candido Munoz (at, Deputy Clerk) (Entered: 12/20/2001)

SUMMONS() issued for A-Z Grading & Packin (at, Deputy Clerk) (Entered: 12/20/2001)

SUMMONS() issued for Ruben Munoz (at, Deputy Clerk) (Entered: 12/20/2001)

ORDER OF REFERENCE to United States Magistrate Judge Ted E. Bandstra for the conducting of a Scheduling Conference, pursuant to Local Rule 16.1.B for the purpose of setting pre-trial deadline dates, a trial date and for determining possible consent to the jurisdiction of the Magistrate Judge for trial (Signed by Judge Donald M. Middlebrooks on 01/04/02) [EOD Date: 1/7/02] (at, Deputy Clerk) (Entered: 01/07/2002)

ORDER and Notice of Scheduling Conference scheduling conference for 10:00 3/5/02 before Judge Paul C. Huck ( Signed by Magistrate Ted E. Bandstra on 01/17/02) [EOD Date: 1/22/02] (nt, Deputy Clerk) (Entered: 01/22/2002)

MOTION by Carmelina Martinez, Jorgelia Velasquez, Esther Ramos, Maria Ester Escobar Torres to extend time to hold Scheduling Conference (wc, Deputy Clerk) (Entered: 03/01/2002)

Answer and affirmative defenses by Mecca Farms, Inc (Attorney Cathy Mattson Stutin), (wc, Deputy Clerk) (Entered: 03/05/2002)

MOTION by Carmelina Martinez, Jorgelia Velasquez, Esther Ramos, Maria Ester Escobar Torres to extend time to hold Scheduling Conference (wc, Deputy Clerk) (Entered: 03/05/2002)

ORDER granting [14-1] motion to extend time to hold Scheduling Conference, granting [12-1] motion to extend time to hold Scheduling Conference reset scheduling conference for 10:00 5/2/02 before Magistrate Ted E. Bandstra ( Signed by Magistrate Ted E. Bandstra on 3/5/02) [EOD Date: 3/6/02] (wc, Deputy Clerk) (Entered: 03/06/2002)

MOTION by Carmelina Martinez, Jorgelia Velasquez, Esther Ramos, Maria Ester Escobar Torres to extend time to file motion for declaration of class action (cj, Deputy Clerk) (Entered: 03/13/2002)

Answer and affirmative defenses by Medrano Harvesting, Maria Medrano (cj, Deputy Clerk) (Entered: 03/21/2002)

Answer and affirmative defenses by Candido Packing, Inc, Candido Munoz, Inc, Candido Munoz, A-Z Grading & Packin (cj, Deputy Clerk) (Entered: 03/21/2002)

ORDER GRANTING IN PART MOTION FOR ENLARGEMENT OF TIME:ORDER granting in part, denying in part [16-1] motion to extend time to file motion for declaration of class action, until 5/20/02(Signed by Judge Donald M. Middlebrooks on 3/25/02) [EOD Date: 3/26/02] (Former Deputy Clerk) Modified on 10/30/2002 (Entered: 03/26/2002)

Waiver of service executed by Mecca Farms, Inc (Attorney )1/5/02 Answer due by 3/6/02 for Mecca Farms, Inc (cj, Deputy Clerk) (Entered: 03/29/2002)

Scheduling Report of Scheduling Meeting by Carmelina Martinez, Jorgelia Velasquez, Esther Ramos, Maria Ester Escobar Torres, Mecca Farms, Inc, Medrano Harvesting, Maria Medrano, Candido Packing, Inc, Candido Munoz, Inc, Candido Munoz, A-Z Grading & Packin, Ruben Munoz (gz, Deputy Clerk) (Entered: 04/09/2002)

Answer and affirmative defenses by Candido Packing, Inc, Candido Munoz, Inc, Candido Munoz, A-Z Grading & Packin (cj, Deputy Clerk) (Entered: 04/10/2002)

Initial Disclosures Witness list by Mecca Farms, Inc (Former Deputy Clerk) (Entered: 04/25/2002)

Scheduling conference held before Magistrate Ted E. Bandstra (sk, Deputy Clerk) (Entered: 05/06/2002)

Scheduling conference held before Magistrate Ted E. Bandstra (sk, Deputy Clerk)

Minutes of telephonic scheduling conference held before Magistrate Ted E. Bandstra on 5/2/02; (sk, Deputy Clerk) (Entered: 05/06/2002)

ORDER referring case to mediation. 15 days to appoint mediator. See Order for additional details. ( Signed by Magistrate Ted E. Bandstra on 5/7/02) [EOD Date: 5/9/02] (ct, Deputy Clerk) (Entered: 05/09/2002)

SCHEDULING ORDER setting Deadline for filing of all pretrial motions by 6/1/03 Jury trial set for 9:00 8/10/03 Joint Pretrial Stipulation due on or before 7/1/03 Discovery cutoff 5/1/03 ; See Order for additional details. ( Signed by Magistrate Ted E. Bandstra on 5/7/02) [EOD Date: 5/9/02] CCAP (ct, Deputy Clerk) (Entered: 05/09/2002)

AMENDED COMPLAINT FOR DAMAGES, DECLARATORY RELIEF, litgation costs and attorney fees, by Carmelina Martinez, Jorgelia Velasquez, Esther Ramos, Maria Ester Escobar Torres, (Answer due 5/30/02 for Mecca Farms, Inc, for Medrano Harvesting, for Maria Medrano, for Candido Munoz, Inc, for A-Z Grading & Packin, for Candido Packing, Inc, for Candido Munoz) amending [1-1] complaint (Former Deputy Clerk) Modified on 10/30/2002 (Entered: 05/20/2002)

MOTION by Carmelina Martinez, Jorgelia Velasquez, Esther Ramos, Maria Ester Escobar Torres to add parties plaintiff, drop defendant, and for leave to file amended complaint (Former Deputy Clerk) (Entered: 05/20/2002)

MEMORANDUM by Carmelina Martinez, Jorgelia Velasquez, Esther Ramos, Maria Ester Escobar Torres in support of [28-1] motion to add parties plaintiff, [28-2] motion drop defendant, [28-3] motion for leave to file amended complaint (Former Deputy Clerk) (Entered: 05/20/2002)

DEPOSITION of Maria Medrano (Former Deputy Clerk) (Entered: 05/21/2002)

DEPOSITION of Raquel Tuttle (Former Deputy Clerk) (Entered: 05/21/2002)

DEPOSITION of Candido Munoz (Former Deputy Clerk) (Entered: 05/21/2002)

MOTION by Carmelina Martinez, Jorgelia Velasquez, Esther Ramos, Maria Ester Escobar Torres to certify class action (Former Deputy Clerk) (Entered: 05/21/2002)

MEMORANDUM by Carmelina Martinez, Jorgelia Velasquez, Esther Ramos, Maria Ester Escobar Torres in support of [34-1] motion to certify class action (Former Deputy Clerk) (Entered: 05/21/2002)

DEPOSITION of Kristine Mecca (Former Deputy Clerk) (Entered: 05/21/2002)

NOTICE of filing of deposition transcripts of Maria Medrano, Raquel Tuttle, Candido Munoz, Kristine Mecca (Excerpt), by Carmelina Martinez, Jorgelia Velasquez, Esther Ramos (Former Deputy Clerk) (Entered: 05/21/2002)

STIPULATION of dismissal of defendant Ruben Munoz,by Carmelina Martinez, Jorgelia Velasquez, Esther Ramos, Maria Ester Escobar Torres, Ruben Munoz (Former Deputy Clerk) (Entered: 05/21/2002)

ORDER granting [36-1] dismiss/dismissal stipulation dismissing defendant Ruben Munoz from case ( Signed by Judge Donald M. Middlebrooks on 5/24/02) [EOD Date: 5/29/02] (Former Deputy Clerk) (Entered: 05/29/2002)

MOTION by Mecca Farms, Inc for Gary G. Smigiel to appear pro hac vice (Former Deputy Clerk) (Entered: 05/28/2002)

STIPULATION by Mecca Farms, Inc In Re: Substitution of counsel of Carlton Fields, PA as attorney for Mecca Farms Inc. (Former Deputy Clerk) Modified on 10/30/2002 (Entered: 05/28/2002)

Filing Fee Paid; FILING FEE $ 75.00 RECEIPT # 716387 (Former Deputy Clerk) (Entered: 05/28/2002)

Filing Fee Paid; FILING FEE $ 75.00 RECEIPT # 716387 (Former Deputy Clerk)

ORDER GRANTING STIPULATION FOR SUBSTITUTION OF COUNSEL: ORDER granting [39-1] stipulation for substitution of counsel. Carlton Fields is hereby substituted as counsel of record for Mecca Farms, Inc. (Signed by Judge Donald M. Middlebrooks on 5/30/02) [EOD Date: 5/31/02] (Former Deputy Clerk) Modified on 10/30/2002 (Entered: 05/31/2002)

ORDER GRANTING DEFENDANT'S MECCA FARMS, INC., VERIFIED MOTION TO ADMIT GARY G. SMIGIEL, PRO HAC VICE: ORDER granting [38-1] motion for Gary G. Smigiel to appear pro hac vice ( Signed by Judge Donald M. Middlebrooks on 5/30/02) [EOD Date: 5/31/02] (Former Deputy Clerk) (Entered: 05/31/2002)

MOTION by Mecca Farms, Inc to extend time to respond to plaintiffs' motion for class certification (Former Deputy Clerk) (Entered: 06/04/2002)

ORDER GRANTING AGREED MOTION TO EXTEND DEADLINES TO RESPOND TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION:ORDER granting [43-1] motion to extend time to respond to plaintiffs' motion for class certification Response to motion reset to 6/28/02 for [34-1] motion to certify class action, Reply to Response to Motion reset to 7/12/02 for [34-1] motion to certify class action (Signed by Judge Donald M. Middlebrooks on 6/4/02) [EOD Date: 6/5/02] (Former Deputy Clerk) Modified on 10/30/2002 (Entered: 06/05/2002)

NOTICE of Hearing: set calendar call for 1:15 8/6/03 before Judge Donald M. Middlebrooks (Former Deputy Clerk) (Entered: 06/05/2002)

NOTICE of no opposition to plaintiffs' motion to add parties plaintiff, drop defendant, and, for leave to file amended complaint, by Mecca Farms, Inc (Former Deputy Clerk) Modified on 10/30/2002 (Entered: 06/12/2002)

REPLY MEMORANDUM OF LAW,by Carmelina Martinez, Jorgelia Velasquez, Esther Ramos, Maria Ester Escobar Torres to response to [34-1] motion to certify class action (Former Deputy Clerk) (Entered: 07/15/2002)

ORDER granting [28-1] motion to add parties plaintiff, granting [28-2] motion drop defendant, granting [28-3] motion for leave to file amended complaint ( Signed by Judge Donald M. Middlebrooks on 6/14/02) [EOD Date: 6/17/02] (cj, Deputy Clerk) (Entered: 06/17/2002)

MOTION by Mecca Farms, Inc to extend time to respond to motion for class certification (Former Deputy Clerk) (Entered: 06/27/2002)

RESPONSE by Carmelina Martinez, Jorgelia Velasquez, Esther Ramos, Maria Ester Escobar Torres, Maria Jose Alarcon, Luis A. Roca in opposition to [48-1] motion to extend time to respond to motion for class certification (Former Deputy Clerk) (Entered: 06/28/2002)

REQUEST by Mecca Farms, Inc for oral argument on [34-1] motion to certify class action (at, Deputy Clerk) (Entered: 07/02/2002)

MEMORANDUM OF LAW by Mecca Farms, Inc in opposition to [34-1] motion to certify class action (at, Deputy Clerk) (Entered: 07/02/2002)

ANSWER AND AFFIRMATIVE DEFENSES by Mecca Farms, Inc to Amended Complaint (at, Deputy Clerk) (Entered: 07/02/2002)

APPENDIX to: [51-1] opposition memorandum by Mecca Farms, Inc (at, Deputy Clerk) (Entered: 07/02/2002)

MOTION by Medrano Harvesting, Maria Medrano, Candido Packing, Inc, Candido Munoz, Inc, Candido Munoz, A-Z Grading & Packin to join defendants' mecca farms for extension of time to respond to motion for class certification (at, Deputy Clerk) (Entered: 07/02/2002)

RESPONSE by Medrano Harvesting, Maria Medrano, Candido Packing, Inc, Candido Munoz, Inc, Candido Munoz, A-Z Grading & Packin to [34-1] motion to certify class action (at, Deputy Clerk) (Entered: 07/11/2002)

ANSWER AND AFFIRMATIVE DEFENSES by Maria Medrano, Medrano Harvesting to amended complaint (at, Deputy Clerk) (Entered: 07/11/2002)

ORDER ON MOTION FOR EXTENSION denying [54-1] motion to join defendants' Mecca Farms for extension of time to respond to motion for class certification (Signed by Judge Donald M. Middlebrooks on 7/9/02) [EOD Date: 7/12/02] (at, Deputy Clerk) Modified on 10/30/2002 (Entered: 07/12/2002)

ORDER GRANTING MOTION FOR EXTENSION granting [48-1] motion to extend time to respond to motion for class certification The response (DE #51) filed by Mecca Farms, Inc is deemed as timely filed. (Signed by Judge Donald M. Middlebrooks on 7/9/02) [EOD Date: 7/12/02] (at, Deputy Clerk) (Entered: 07/12/2002)

REPLY by Mecca Farms, Inc to response to [48-1] motion to extend time to respond to motion for class certification (at, Deputy Clerk) (Entered: 07/12/2002)

NOTICE of Unavailability by Mecca Farms, Inc, Medrano Harvesting, Maria Medrano, Candido Packing, Inc, Candido Munoz, Inc, Candido Munoz for dates of: 9/9/02 through 9/23/02 (at, Deputy Clerk) (Entered: 08/12/2002)

ANSWER AND AFFIRMATIVE DEFENSES by Candido Packing, Inc, Candido Munoz, Inc, Candido Munoz, A-Z Grading & Packin to amended complaint (Former Deputy Clerk) (Entered: 10/02/2002)

MOTION by Mecca Farms, Inc to compel plaintiffs to respond to the first set of interrogatories to plaintiffs (Former Deputy Clerk) Modified on 10/30/2002 (Entered: 10/15/2002)

OPPOSITION by Maria Jose Alarcon, Luis A. Roca, Carmelina Martinez, Jorgelia Velasquez, Esther Ramos, Maria Ester Escobar Torres to [63-1] motion to compel plaintiffs to respond to the first set of interrogatories to plaintiffs (at, Deputy Clerk) Modified on 10/30/2002 (Entered: 10/28/2002)

REPLY by Mecca Farms, Inc to response in opposition to [63-1] motion to compel plaintiffs to respond to the first set of interrogatories to plaintiffs (Former Deputy Clerk) (Entered: 11/05/2002)

ORDER GRANTING PLAINTIFF'S MOTION FOR CLASS CERTIFICATION: ORDER granting [34-1] motion to certify class action ( Signed by Judge Donald M. Middlebrooks on 11/25/02) [EOD Date: 11/25/02] (Former Deputy Clerk) (Entered: 11/25/2002)

ORDER denying [50-1] motion for oral argument on [34-1] motion to certify class action ( Signed by Judge Donald M. Middlebrooks on 11/27/02) [EOD Date: 11/27/02] (Former Deputy Clerk) (Entered: 11/27/2002)

NOTICE of Failure of the parties to Consummate Settlement by Mecca Farms, Inc (at, Deputy Clerk) (Entered: 01/27/2003)

ORDER granting [63-1] motion to compel plaintiffs to respond to the first set of interrogatories to plaintiffs ( Signed by Judge Donald M. Middlebrooks on 2/25/03) [EOD Date: 2/26/03] (Former Deputy Clerk) (Entered: 02/26/2003)

JOINT MOTION by Carmelina Martinez, Jorgelia Velasquez, Esther Ramos, Maria Ester Escobar Torres, Mecca Farms, Inc, Medrano Harvesting, Maria Medrano, Candido Packing, Inc, Candido Munoz, Inc, Candido Munoz, A-Z Grading & Packin, Maria Jose Alarcon, Luis A. Roca to transfer case to Judge Kenneth Ryskamp who has jurisidiction over a related case 01-9013-Civ (Former Deputy Clerk) (Entered: 03/05/2003)

JOINT MOTION AND MEMORANDUM OF LAW,by Carmelina Martinez, Jorgelia Velasquez, Esther Ramos, Maria Ester Escobar Torres, Mecca Farms, Inc for approval settlement (Former Deputy Clerk) (Entered: 03/05/2003)

ORDER DENYING JOINT MOTION TO TRANSFER CASE:ORDER denying without prejudice [70-1] joint motion to transfer case to Judge Kenneth Ryskamp who has jurisidiction over a related case 01-9013-Civ ( Signed by Judge Donald M. Middlebrooks on 3/5/03) [EOD Date: 3/6/03] (Former Deputy Clerk) (Entered: 03/06/2003)

ORDER ON MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT BETWEEN PLAINTIFFS AND DEFENDANT MECCA FARMS, INC: ORDER affirming [71-1] joint motion for approval settlement (Signed by Judge Donald M. Middlebrooks on 3/5/03) [EOD Date: 3/6/03] (Former Deputy Clerk) (Entered: 03/06/2003)

JOINT MOTION with memorandum of law in support, by Carmelina Martinez, Jorgelia Velasquez, Esther Ramos, Maria Ester Escobar Torres, Medrano Harvesting, Maria Medrano, Candido Packing, Inc, Candido Munoz, Inc, Candido Munoz, A-Z Grading & Packin for preliminary approval of settlement (Former Deputy Clerk) (Entered: 03/10/2003)

JOINT MOTION and supporting memorandum of law, by Carmelina Martinez, Jorgelia Velasquez, Esther Ramos, Maria Ester Escobar Torres, Mecca Farms, Inc, Medrano Harvesting, Maria Medrano, Candido Packing, Inc, Candido Munoz, Inc, Candido Munoz, A-Z Grading & Packin, Maria Jose Alarcon, Luis A. Roca for scheduling of Fairness Hearing (Former Deputy Clerk) Modified on 03/12/2003 (Entered: 03/10/2003)

ORDER ON MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT BETWEEN PLAINTIFFS AND DEFENDANTS MEDRANO HARVESTING & PACKING, INC., MARIA MEDRANO, CANDIDO MUNOZ, INC. A-Z GRADING & PACKING INC., CANDIDO PACKING, INC. AND CANDIDO MUNOZ: ORDER approving [74-1] joint motion for preliminary approval of settlement (Signed by Judge Donald M. Middlebrooks on 3/11/03) [EOD Date: 3/11/03] (Former Deputy Clerk) Modified on 03/12/2003 (Entered: 03/11/2003)

ORDER TO SET FAIRNESS HEARING: ORDER granting [75-1] joint motion for scheduling of Fairness Hearing set evidentiary hearingon the fairness of the proposed settlements for 11:00 before Judge Donald M. Middlebrooks (Signed by Judge Donald M. Middlebrooks on 3/11/03) [EOD Date: 3/12/03] (Former Deputy Clerk) (Entered: 03/12/2003)

RE-NOTICE of Hearing: reset Fairness hearing for 11:00 4/1/03 before Judge Donald M. Middlebrooks (Former Deputy Clerk) Modified on 03/12/2003 (Entered: 03/12/2003)

Minutes of Fairness hearing on settlement held before Judge Donald M. Middlebrooks on 4/1/03; Court Reporter Name or Tape #: Roger Watford (Former Deputy Clerk) (Entered: 04/01/2003)

Motion hearing re: [75-1] joint motion for scheduling of Fairness Hearing held (Former Deputy Clerk)

Motion hearing re: [75-1] joint motion for scheduling of Fairness Hearing held (Former Deputy Clerk) (Entered: 04/01/2003)

FINAL ORDER: This action is hereby dismissd with prjudice, except to reserve jurisdiction to enforce the terms of the settlement (Signed by Judge Donald M. Middlebrooks on 4/8/03) [EOD Date: 4/8/03] (Former Deputy Clerk) (Entered: 04/08/2003)

ORDER CLOSING CASE: This case was dismissed on 4/8/03. Finao order, the Clerk of Court shall close this case( Signed by Judge Donald M. Middlebrooks on 4/15/03) [EOD Date: 4/16/03] (Former Deputy Clerk) (Entered: 04/16/2003)

CASE CLOSED. Case and Motions no longer referred to Magistrate. (Former Deputy Clerk) (Entered: 04/16/2003)

CASE CLOSED. Case and Motions no longer referred to Magistrate. (Former Deputy Clerk)