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Case: Martinez v. Mecca Farms, Inc.

9:01-cv-09096 | U.S. District Court for the Southern District of Florida

Filed Date: Dec. 20, 2001

Closed Date: 2003

Clearinghouse coding complete

Case Summary

On December 20, 2001, the Florida Legal Services Inc. Migrant Farmworker Justice Project filed a class action lawsuit on behalf of migrant farm workers in the U.S. District Court for the Southern District of Florida, alleging violations of Migrant and Seasonal Agricultural Worker Protection Act at Florida tomato and chili pepper packing houses. The workers alleged that they were not paid overtime wages, employee Social Security taxes were deducted from their wages were never paid to the govern…

On December 20, 2001, the Florida Legal Services Inc. Migrant Farmworker Justice Project filed a class action lawsuit on behalf of migrant farm workers in the U.S. District Court for the Southern District of Florida, alleging violations of Migrant and Seasonal Agricultural Worker Protection Act at Florida tomato and chili pepper packing houses. The workers alleged that they were not paid overtime wages, employee Social Security taxes were deducted from their wages were never paid to the government and that their hours worked were incorrectly calculated. Plaintiffs sought monetary damages and class certification.

This was a companion case to the lawsuit Carranza v. Mecca Farms, Inc. [IM-FL-22] which was filed on behalf of field workers who worked on the farm operations of Mecca Farms, Inc.

On November 25, 2002, the District Court (Judge Donald M. Middlebrooks) certified the case as a class action, over the objections of defendants. Two separate subclasses were created for the tomato and chili pepper packers. Martinez v. Mecca Farms, Inc., 213 F.R.D. 601, (S.D.Fla. 2002).

Shortly after class certification, the parties settled the case. The District Court (Judge Middlebrooks) entered its order approving the settlement on April 3, 2003, retaining jurisdiction to enforce the terms of the settlement, but otherwise dismissing and closing the case. Under the terms of the Settlement Agreement, an unlimited joint settlement fund was created to settle claims in the Martinez case and in the companion case Luz-Carranza v. Mecca Farms, Inc., case no. 01-9013, filed on behalf of field workers. [IM-FL-22]. The defendants agreed to pay the Martinez class members $4.00 per day worked in the tomato packing houses and $3.00 per day worked in the pepper packing houses. Defendants also agreed to file appropriate W-2 forms with the government. Attorneys fees in the amount of $200,000.00 would be paid by defendants and a $25,000 contribution would also be made to a local farm workers assistance group. Luz-Carranza class members were to be paid $5.00 per day for field work.

.

Summary Authors

Dan Dalton (11/12/2007)

Related Cases

Carranza v. Mecca Farms, Inc., Southern District of Florida (2001)

People


Judge(s)

Middlebrooks, Donald M. (Florida)

Attorneys(s) for Plaintiff

Caron, Cathleen Demerise (Florida)

Hirales, Lillian Magdaleno (Florida)

Schell, Gregory Scott (Florida)

Attorneys(s) for Defendant

Boswell, Don R. (Florida)

Fields, Carlton (Florida)

Ianno, Joseph Jr. (Florida)

Smigiel, Gary G. (Florida)

Stutin, Cathy Mattson (Florida)

Wulf, Henry S. (Florida)

Judge(s)

Middlebrooks, Donald M. (Florida)

Attorneys(s) for Plaintiff

Caron, Cathleen Demerise (Florida)

Hirales, Lillian Magdaleno (Florida)

Schell, Gregory Scott (Florida)

Attorneys(s) for Defendant

Boswell, Don R. (Florida)

Fields, Carlton (Florida)

Ianno, Joseph Jr. (Florida)

Smigiel, Gary G. (Florida)

Stutin, Cathy Mattson (Florida)

Wulf, Henry S. (Florida)

Documents in the Clearinghouse

Document

9:01-cv-09096

Docket (PACER)

April 15, 2003

April 15, 2003

Docket
1

9:01-cv-09096

Complaint []

Dec. 20, 2001

Dec. 20, 2001

Complaint
27

9:01-cv-09096

Amended Complaint []

May 20, 2002

May 20, 2002

Complaint
66

9:01-cv-09096

Order Granting Plaintiff's Motion for Class Certification

Nov. 25, 2002

Nov. 25, 2002

Order/Opinion
69

9:01-cv-09096

[Order Granting] Defendant's, Mecca Farms, Inc., Motion to Compel Plaintiff's to Respond to the First Set of Interrogatories to Plaintiffs

Feb. 25, 2003

Feb. 25, 2003

Order/Opinion
74

9:01-cv-09096

Joint Motion for Preliminary Approval of Settlement; Order on Motion for Preliminary Approval of Settlement; and Settlement Agreement

Martinez v. Mecca Farms, Inc

March 10, 2003

March 10, 2003

Settlement Agreement
80

9:01-cv-09096

Final Order

April 8, 2003

April 8, 2003

Order/Opinion

Docket

Last updated Sept. 5, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

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)

Dec. 20, 2001

Dec. 20, 2001

2

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

Dec. 20, 2001

Dec. 20, 2001

3

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

Dec. 20, 2001

Dec. 20, 2001

4

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

Dec. 20, 2001

Dec. 20, 2001

5

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

Dec. 20, 2001

Dec. 20, 2001

6

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

Dec. 20, 2001

Dec. 20, 2001

7

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

Dec. 20, 2001

Dec. 20, 2001

8

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

Dec. 20, 2001

Dec. 20, 2001

9

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

Dec. 20, 2001

Dec. 20, 2001

10

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)

Jan. 4, 2002

Jan. 4, 2002

12

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)

Feb. 28, 2002

Feb. 28, 2002

13

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

March 4, 2002

March 4, 2002

14

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)

March 4, 2002

March 4, 2002

15

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)

March 5, 2002

March 5, 2002

16

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)

March 11, 2002

March 11, 2002

17

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

March 20, 2002

March 20, 2002

18

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

March 20, 2002

March 20, 2002

19

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)

March 25, 2002

March 25, 2002

20

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)

March 28, 2002

March 28, 2002

21

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)

April 8, 2002

April 8, 2002

22

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

April 9, 2002

April 9, 2002

23

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

April 24, 2002

April 24, 2002

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

May 2, 2002

May 2, 2002

25

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)

May 8, 2002

May 8, 2002

26

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)

May 8, 2002

May 8, 2002

27

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)

May 20, 2002

May 20, 2002

28

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)

May 20, 2002

May 20, 2002

29

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)

May 20, 2002

May 20, 2002

31

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

May 20, 2002

May 20, 2002

32

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

May 20, 2002

May 20, 2002

33

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

May 20, 2002

May 20, 2002

34

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

May 20, 2002

May 20, 2002

35

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)

May 20, 2002

May 20, 2002

37

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

May 20, 2002

May 20, 2002

30

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)

May 21, 2002

May 21, 2002

36

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)

May 21, 2002

May 21, 2002

38

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

May 28, 2002

May 28, 2002

39

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)

May 28, 2002

May 28, 2002

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

May 28, 2002

May 28, 2002

41

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)

May 30, 2002

May 30, 2002

42

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)

May 30, 2002

May 30, 2002

43

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

June 3, 2002

June 3, 2002

44

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)

June 4, 2002

June 4, 2002

45

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

June 4, 2002

June 4, 2002

46

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)

June 11, 2002

June 11, 2002

60

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)

June 12, 2002

June 12, 2002

47

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)

June 14, 2002

June 14, 2002

49

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)

June 28, 2002

June 28, 2002

50

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

July 1, 2002

July 1, 2002

51

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

July 1, 2002

July 1, 2002

52

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

July 1, 2002

July 1, 2002

53

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

July 1, 2002

July 1, 2002

54

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)

July 1, 2002

July 1, 2002

55

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)

July 11, 2002

July 11, 2002

56

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

July 11, 2002

July 11, 2002

57

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)

July 11, 2002

July 11, 2002

58

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)

July 11, 2002

July 11, 2002

59

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)

July 11, 2002

July 11, 2002

61

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)

Aug. 12, 2002

Aug. 12, 2002

62

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)

Oct. 1, 2002

Oct. 1, 2002

64

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)

Oct. 28, 2002

Oct. 28, 2002

65

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)

Nov. 5, 2002

Nov. 5, 2002

66

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)

Nov. 25, 2002

Nov. 25, 2002

67

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)

Nov. 27, 2002

Nov. 27, 2002

68

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

Jan. 24, 2003

Jan. 24, 2003

69

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)

Feb. 25, 2003

Feb. 25, 2003

70

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)

March 4, 2003

March 4, 2003

71

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)

March 4, 2003

March 4, 2003

72

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)

March 5, 2003

March 5, 2003

73

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)

March 5, 2003

March 5, 2003

74

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)

March 10, 2003

March 10, 2003

75

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)

March 10, 2003

March 10, 2003

76

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)

March 11, 2003

March 11, 2003

77

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)

March 11, 2003

March 11, 2003

78

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)

March 12, 2003

March 12, 2003

79

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)

April 1, 2003

April 1, 2003

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

April 1, 2003

April 1, 2003

80

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)

April 8, 2003

April 8, 2003

81

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)

April 15, 2003

April 15, 2003

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

April 15, 2003

April 15, 2003

Case Details

State / Territory: Florida

Case Type(s):

Immigration and/or the Border

Labor Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 20, 2001

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All migrant agricultural workers employed or jointly employed by Defendants Mecca Farms, Inc., in Mecca Farm's tomato or pepper packing house from October 1996 through March 2002.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Medrano Harvesting & Packing, Inc, Private Entity/Person

Mecca Farms, Inc, Private Entity/Person

A-Z Grading & Packing, Inc, Private Entity/Person

Case Details

Causes of Action:

Migrant and Seasonal Agricultural Workers Protection Act, 29 U.S.C. §§ 1801-1871

Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Immigration/Border:

Employment

Temporary foreign workers program