Case: Trollinger v. Tyson Foods, Inc.

4:02-cv-00023 | U.S. District Court for the Eastern District of Tennessee

Filed Date: April 2, 2002

Closed Date: Oct. 20, 2008

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Case Summary

In December 2001, a federal grand jury returned a 36-count indictment against Tyson Foods, Inc., the world's largest poultry processor, and several individuals, charging the defendants with conspiring to smuggle undocumented aliens into the U.S. and employing them at Tyson's chicken processing plants throughout the country. Shortly after the criminal indictment, plaintiffs filed a nationwide class action in the U.S. District Court for the Eastern District of Tennessee against Tyson and several of its top management personnel, alleging civil violations of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1961 et seq., and the Immigration Reform and Control Act ("IRCA"), 8 U.S.C. § 1324(a), et seq. Plaintiffs alleged that Tyson engaged in a massive scheme to hire undocumented immigrants for the express purpose of depressing employee wages. The scheme allegedly involved the use of temporary employment agencies to recruit and lure undocumented immigrants from Mexico to work in its chicken plants. Plaintiffs further alleged that the scheme consisted of what plaintiffs termed a "willful blindness policy," which included management turning a blind eye to obviously fake work papers and ignoring other factors that suggested that the workers it hired were not legally entitled to work in the U.S. The civil case was initially assigned to Judge R. Allan Edgar.

Tyson and its officers responded by moving to dismiss the case for lack of subject matter jurisdiction, asserting that plaintiffs' RICO claims were preempted by the National Labor Relations Act. Tyson also asserted that plaintiffs' complaint failed to state a claim, in that employee wages were the product of Union collective bargaining and therefore could not have resulted from the hiring of undocumented workers. The District Court (Chief Judge Edgar) granted the motion and dismissed the case for failure to state a claim. Trollinger v. Tyson Foods, Inc., 214 F. Supp. 2d 840 (E.D. Tenn. 2002) Plaintiffs appealed, and the Sixth Circuit Court of Appeals reversed the dismissal. Trollinger v. Tyson Foods, Inc., 370 F.3d 602 (6th Cir. 2004).

On remand, Tyson moved for summary judgment on statute of limitations grounds as to two of the plaintiffs. That motion was denied. Trollinger v. Tyson Foods, Inc., 2006 WL 319022, 2006 U.S. Dist. LEXIS 17448 (E.D. Tenn. Feb. 8, 2006). Tyson also filed a second motion to dismiss the case on the pleadings, and that motion, too, was denied on September 18, 2006. The District Court (Chief Judge Curtis L. Collier) also denied defendants' request to certify its ruling for purposes of immediate appeal. Trollinger v. Tyson Foods, Inc., 2006 WL 2868980, 2006 U.S. Dist. LEXIS 71500 (E.D. Tenn. Sep. 29, 2006).

Shortly thereafter, the District Court (Chief Judge Collier) granted plaintiffs' motion for class certification. Trollinger v. Tyson Foods, Inc., 2006 WL 2924938, 2006 U.S. Dist. LEXIS 74114 (E.D. Tenn. Oct. 10, 2006). A case management conference was held in January 2007 and the Court entered a discovery schedule and set the case for trial on March 3, 2008.

In 2007, the District Court issued a series of rulings on a variety of discovery and procedural issues. See Trollinger v. Tyson Foods, Inc., 2007 WL 951869, 2007 U.S. Dist. LEXIS 23329 (E.D. Tenn. Mar. 28, 2007) (ordering defendants not to redact certain portions of Tyson company minutes submitted for in camera review); Trollinger v. Tyson Foods, Inc., 2007 WL 1091217, 2007 U.S. Dist. LEXIS 26611 (E.D. Tenn. Apr. 10, 2007) (ruling that defendants are not entitled to affirmative defenses of estoppel and statute of limitations); Trollinger v. Tyson Foods, Inc., 2007 WL 1574275, 2007 U.S. Dist. LEXIS 38882(E.D. Tenn. May 29, 2007) (denying Tyson's motion to dismiss); Trollinger v. Tyson Foods, Inc., 2007 WL 3231793 (E.D. Tenn. Oct 30, 2007) (denying motion to continue an expert witness hearing and the trial date); Trollinger v. Tyson Foods, Inc., 2007 WL 4260817, 2007 U.S. Dist. LEXIS 88866 (E.D. Tenn. Dec. 3, 2007) (approving class notice as modified by order). See also McGrew v. Trollinger, No. 4:02-cv-00023, 2007 WL 4106067 (W.D. Ark. Nov. 16, 2007) (ruling that witnesses in Arkansas that were subpoenaed for depositions had to appear.).

On February 13, 2008, the District Court (Chief Judge Collier) entered an order granting summary judgment for the defendants and dismissing the plaintiffs' claims with prejudice. Trollinger v. Tyson Foods, Inc., 543 F. Supp. 2d 842 (E.D. Tenn. 2008). The Court found that plaintiffs had failed to produce evidence demonstrating the presence of at least ten unauthorized employees at any given Tyson facility; it further found that plaintiffs' evidence only demonstrated that Tyson was harboring or concealing undocumented aliens at all at one facility, and that this evidence was insufficient to show proximate causation of any injuries.

The Court (Chief Judge Collier) denied a motion for reconsideration on May 2, Trollinger v. Tyson Foods, Inc., 2008 WL 1984264, 2008 U.S. Dist. LEXIS 33101 (E.D. Tenn. May 2, 2008), and the case was closed.

Summary Authors

Christopher Schad (7/9/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4812936/parties/trollinger-v-tyson-foods-inc/

Judge(s)

Batchelder, Alice Moore (Ohio)

Bell, Robert Holmes (Michigan)

Attorney for Plaintiff

AUSA, John P (Tennessee)

AUSA), Matthew T (Tennessee)

Attorney for Defendant

Adler, Robert M (District of Columbia)

Judge(s)

Batchelder, Alice Moore (Ohio)

Bell, Robert Holmes (Michigan)

Carter, William B. (Tennessee)

Collier, Curtis Lynn (Tennessee)

Edgar, Robert Allan (Tennessee)

Sutton, Jeffrey S. (Ohio)

Attorney for Plaintiff

AUSA, John P (Tennessee)

AUSA), Matthew T (Tennessee)

Berman, Steve W. (Washington)

Colvin, William G. (Tennessee)

Combs, Tammy O (Tennessee)

Foster, Howard W. (Illinois)

Greenholtz, Thomas Clifton (Tennessee)

Johnson, William V (Illinois)

Maccoon, John P. (District of Columbia)

McMahan, John D (Tennessee)

Morris, Matthew T (Tennessee)

Thacker, Stephanie Dawn (District of Columbia)

Volk, Andrew M. (Washington)

Attorney for Defendant

Adler, Robert M (District of Columbia)

Creswell, C Celeste (Tennessee)

Dickson, Roger W (Tennessee)

Dillard, W. Thomas (Tennessee)

Green, Griffith L.

Green, Thomas C (District of Columbia)

Harwell, Aubrey B. Jr. (Tennessee)

Holmes, P. K. III (Arkansas)

Hopson, Mark Daniel (District of Columbia)

Knight, Paul L (District of Columbia)

Koller, Julie G (District of Columbia)

Lauerman, Colleen M (District of Columbia)

McDonough, Travis R. (Tennessee)

Seitz, Virginia A. (District of Columbia)

Shemin, Kenneth R (Arkansas)

Steger, Christopher H (Tennessee)

Trant, Douglas A (Tennessee)

Volpe, Frank R. (New York)

Warren, Matthew J. (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

4:01-cr-00061	Docket [PACER] USA v. Tyson Foods, Inc	May 19, 2003	May 19, 2003 Docket
4:02-cv-00023	Docket [PACER] Trollinger v. Tyson Foods	Oct. 31, 2008	Oct. 31, 2008 Docket
21 4:02-cv-00023	Memorandum [and Order Granting Defendants' Motion to Dismiss]	Aug. 16, 2002	Aug. 16, 2002 Order/Opinion 214 F.Supp.2d 840
4:02-cv-00023 02-06020	[Sixth Circuit] Opinion [Reversing the District Court's Order] U.S. Court of Appeals for the Sixth Circuit	June 3, 2004	June 3, 2004 Order/Opinion 370 F.3d 602
115 4:02-cv-00023	Second Amended Complaint	June 24, 2005	June 24, 2005 Complaint
157 4:02-cv-00023	Memorandum [and Order Denying Defendants' Motion for Summary Judgment]	Feb. 8, 2006	Feb. 8, 2006 Order/Opinion 2006 WL 319022
174 4:02-cv-00023	Memorandum [and Order Denying Defendants' Motion for Judgment on the Pleadings]	Sept. 18, 2006	Sept. 18, 2006 Order/Opinion
179 4:02-cv-00023	Memorandum [and Order Denying Defendants' Motion for Amendment of the Court's September 18 Order to Permit Interlocutory Appeal]	Sept. 29, 2006	Sept. 29, 2006 Order/Opinion 2006 WL 2868980
182 4:02-cv-00023	Memorandum [and Order Granting Plaintiffs' Motion for Class Certification] Trollinger v. Tyson Foods, Inc	Oct. 10, 2006	Oct. 10, 2006 Order/Opinion 2006 WL 2924938
280 4:02-cv-00023	Memorandum and Order [Instructing Defendants Not to Redact Certain Sections of Documents Submitted for In Camera Review]	March 28, 2007	March 28, 2007 Order/Opinion 2007 WL 951869

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4812936/trollinger-v-tyson-foods-inc/

Last updated Oct. 29, 2026, 5:29 p.m.

Change selected docket

Docket for: Trollinger v. Tyson Foods, Inc.

ECF Number	Date	Description	Link
1	April 2, 2002	COMPLAINT (Summons(es) issued); jury demand, Magistrate Judge Powers designated (JGM) (Entered: 04/03/2002)	RECAP
	April 2, 2002	FILING FEE PAID on 4/2/02 in the amount of $ 150.00, receipt # 00836. (JGM)
	April 3, 2002	REMARK - contacted Mr. McMahan's office about Mr. Berman, Mr. Volk and Mr. Foster complying w/Rule 83.5 (JGM)
2	April 10, 2002	RETURN OF SERVICE unexecuted as to defendant Tyson Foods, Inc. due to amended complaint filed prior to service (JGM) (Entered: 04/10/2002)	RECAP
3	April 10, 2002	FIRST AMENDED COMPLAINT [1-1]; jury demand (JGM) (Entered: 04/10/2002)	RECAP
4	April 19, 2002	AFFIDAVIT OF SERVICE executed upon defendant Tyson Foods, Inc. on 4/12/02 via process server (JGM) (Entered: 04/23/2002)	RECAP
5	April 25, 2002	MOTION by plaintiffs for attorney Howard W. Foster to appear pro hac vice w/cert of good standing from USDC/NDIL attched (JGM) (Entered: 04/26/2002)	RECAP
	April 25, 2002	RECEIPT #00850 in the amt of $60.00 for phv fee of Howard W. Foster (JGM) Modified on 05/24/2002
7	May 2, 2002	JOINT STIPULATION to extend time to answer or otherwise respond to pltf's complaint on or before 5/22/02 (JGM) Modified on 05/06/2002 (Entered: 05/06/2002)	RECAP
6	May 3, 2002	ORDER by Mag Judge John Y. Powers granting motion for attorney Howard W. Foster to appear pro hac vice w/cert of good standing from USDC/NDIL attched [5-1] (cc: all counsel) (JGM) (Entered: 05/03/2002)	RECAP
8	May 22, 2002	MOTION by plaintiffs for attorney Andrew M. Volk & Steve W Berman to appear pro hac vice w/cert of good standing from USDC/EDWA & USDC/WDWA attched (JGM) (Entered: 05/24/2002)	RECAP
	May 22, 2002	RECEIPT no. 00871 in the amt of $120.00 for phv fee of Andrew M. Volk & Steve W. Berman (JGM)
9	May 24, 2002	MOTION by defendant to dismiss for lack of subject matter jurisdiction C/S (JGM) Modified on 06/03/2002 (Entered: 06/03/2002)	RECAP
10	May 24, 2002	MEMORANDUM IN SUPPORT by defendant of motion to dismiss for lack of subject matter jurisdiction [9-1] C/S (JGM) (Entered: 06/03/2002)	RECAP
11	May 24, 2002	MOTION by defendant to dismiss for failure to state a claim C/S (JGM) (Entered: 06/03/2002)	RECAP
12	May 24, 2002	MEMORANDUM IN SUPPORT by defendant of motion to dismiss for failure to state a claim [11-1] C/S (JGM) (Entered: 06/03/2002)	RECAP
13	May 24, 2002	CERTIFICATE OF CORPORATE INTEREST by defendant C/S (JGM) (Entered: 06/03/2002)	RECAP
14	May 24, 2002	AFFIDAVIT of Timothy J. McCoy w/Contracts attched (JGM) (Entered: 06/03/2002)	RECAP
15	June 4, 2002	ORDER by Mag Judge John Y. Powers granting motion for attorney Andrew M. Volk & Steve W Berman to appear pro hac vice [8-1] (cc: all counsel) (JGM) (Entered: 06/04/2002)	RECAP
16	June 4, 2002	AGREED ORDER by Honorable R Allan Edgar extending time to answer or otherwise respond to pltf's complaint (cc: all counsel) (JGM) (Entered: 06/04/2002)	RECAP
17	June 10, 2002	MEMORANDUM IN OPPOSITION by plaintiffs to motion to dismiss for lack of subject matter jurisdiction [9-1] C/S (JGM) (Entered: 06/10/2002)	RECAP
18	June 10, 2002	RESPONSE by plaintiffs to motion to dismiss for failure to state a claim [11-1] C/S (JGM) (Entered: 06/14/2002)	RECAP
	June 13, 2002	REMARK. File #2 begins with pleading #19. (TJG)
19	June 14, 2002	REPLY IN SUPPORT by defendant Tyson Foods, Inc. re [11-1], re [9-1] C/S (TJG) (Entered: 06/17/2002)	RECAP
20	June 17, 2002	REPLY by defendant to response to motion to dismiss for failure to state a claim [11-1] C/S (JGM) (Entered: 06/24/2002)	RECAP
21	July 16, 2002	MEMORANDUM by Honorable R Allan Edgar (cc: all counsel) (JGM) (Entered: 07/16/2002)	RECAP
22	July 16, 2002	JUDGMENT by Honorable R Allan Edgar granting motion to dismiss for failure to state a claim [11-1], denying motion to dismiss for lack of subject matter jurisdiction [9-1] dismissing case with prejudice (cc: all counsel) OB 31 Pg 29 (JGM) (Entered: 07/16/2002)	RECAP
23	Aug. 9, 2002	NOTICE OF APPEAL by plaintiff from Dist. Court decision [22-2] (cc: all counsel) (JGM) (Entered: 08/12/2002)	RECAP
	Aug. 9, 2002	APPEAL FEE RECEIVED re [23-1] fee in amount of $ 105.00 ( Receipt # 00909) (JGM)
	Aug. 15, 2002	TRANSMISSION FORM - forwarding copy of notice of appeal, document appealed, and updated docket entries to USCA: [23-1] (cc: all counsel) (JGM)
	Sept. 4, 2002	NOTIFICATION by Circuit Court of Appellate Docket Number 02-6020 (JGM)
24	Sept. 6, 2002	TRANSCRIPT Order by plaintiff Birda Trollinger, plaintiff Robert Martinez, plaintiff Tabetha Eddings, plaintiff Doris Jewell for dates: no hearings (JGM) (Entered: 09/06/2002)	RECAP
25	June 7, 2004	USCA JUDGMENT as to 23 Notice of Appeal filed by Birda Trollinger, Tabetha Eddings, Robert Martinez, Doris Jewell JGM, ) (Entered: 07/02/2004)	RECAP
26	July 2, 2004	MANDATE of USCA as to 23 Notice of Appeal filed by Birda Trollinger, Tabetha Eddings, Robert Martinez, Doris Jewell. Judgment of the district court is REVERSED and the case is REMANDED for further proceedings consistent with the opinion of this court (JGM, ) (Entered: 07/02/2004)	RECAP
27	July 2, 2004	NOTICE of Scheduling Conference set for Monday, September 13, 2004 at 04:30 PM before Honorable R Allan Edgar in Chattanooga. (JGM, ) (Entered: 07/02/2004)	RECAP
28	July 30, 2004	DEMAND for Trial by Jury by Tabetha Eddings, Doris Jewell, Robert Martinez, Birda Trollinger. (JGM, ) (Entered: 08/06/2004)	RECAP
29	Aug. 6, 2004	AGREE ORDER OF SUBSTITUTION OF COUNSEL. It is ORDERED that William G. Colvin and Shumacker Witt Gaither & Whitaker are substitution of counsel for Plaintiffs, in the place of John D. McMahan, the McMahan Law Fir,. Signed by Judge R Allan Edgar on 8/6/04. (KFB, ) (Entered: 08/09/2004)	RECAP
30	Aug. 24, 2004	REPORT of Rule 26(f) Planning Meeting. (McDonough, Travis) (Entered: 08/24/2004)	RECAP
31	Sept. 8, 2004	ANSWER to Amended Complaint by Tyson Foods, Inc.(McDonough, Travis) (Entered: 09/08/2004)	RECAP
33	Sept. 13, 2004	AGREED STIPULATED PROTECTIVE ORDER, Signed by Judge R Allan Edgar on 9/13/04. (KFB, ) (Entered: 09/17/2004)	RECAP
32	Sept. 15, 2004	SCHEDULING ORDER: Jury Trial set for 11/7/2006 09:30 AM in Third Floor Courtroom before Honorable R Allan Edgar (in Chatta). Final Pretrial Conference set for 11/1/2006 10:00 AM in Third Floor Chambers (in Chatta) before Honorable R Allan Edgar. Discovery due by 5/10/2006. Joinder of Parties due by 1/14/2005. Motions due by 5/26/2006.Signed by Judge R Allan Edgar on 9/15/04. (KFB, ) (Entered: 09/15/2004)	RECAP
34	Sept. 17, 2004	MOTION for Leave to Appear pro hac vice by Tyson Foods, Inc. for Frank R. Volpe. Certificate of Good Standing from another District Court requested. U.S. Court of Appeals certicate attached. (JGM, ) (Entered: 09/22/2004)	RECAP
	Sept. 17, 2004	RECEIPT #01256 in the amount of $60.00 for phv fee of Frank R. Volpe. (JGM, ) Modified on 9/27/2004 (JGM, ).
35	Sept. 27, 2004	ORDER granting 34 Motion for Leave to Appear pro hac vice for Frank R. Volpe. Signed by Judge R Allan Edgar on DateFiled. (JGM, ) (Entered: 09/27/2004)	RECAP
36	Sept. 29, 2004	MOTION to Strike 31 Answer to Complaint by Tabetha Eddings, Doris Jewell, Robert Martinez, Birda Trollinger. (Greenholtz, Thomas) (Entered: 09/29/2004)	RECAP
37	Sept. 29, 2004	MEMORANDUM in Support of Motion re 36 MOTION to Strike 31 Answer to Complaint filed by Tabetha Eddings, Doris Jewell, Robert Martinez, Birda Trollinger. (Greenholtz, Thomas) (Entered: 09/29/2004)	RECAP
38	Oct. 15, 2004	RESPONSE to Motion re 36 MOTION to Strike 31 Answer to Complaint filed by Tyson Foods, Inc.. (McDonough, Travis) (Entered: 10/15/2004)	RECAP
40	Oct. 19, 2004	REPLY to Response to Motion re 36 MOTION to Strike 31 Answer to Complaint 36 filed by Tabetha Eddings, Doris Jewell, Robert Martinez, Birda Trollinger. (Foster, Howard) (Entered: 10/21/2004)	RECAP
	Oct. 19, 2004	RESPONSE to Motion re 36 MOTION to Strike 31 Answer to Complaint 31 filed by Tabetha Eddings, Doris Jewell, Robert Martinez, Birda Trollinger. (Foster, Howard)(Document not signed. Resubmitted as 40 ) Modified on 10/21/2004 (JGM, ).
41	Oct. 26, 2004	MOTION For Instruction Regarding Spoliation of Documents by Tyson Foods, Inc.. (McDonough, Travis) (Entered: 10/26/2004)	RECAP
42	Nov. 16, 2004	MOTION to Amend/Correct 31 Answer to Complaint by Tyson Foods, Inc.. (Volpe, Frank) (Entered: 11/16/2004)	RECAP
43	Nov. 16, 2004	Amended ANSWER to Complaint by Tyson Foods, Inc..(Volpe, Frank) (Entered: 11/16/2004)	RECAP
44	Nov. 17, 2004	MOTION to Amend/Correct Motion for Leave to File an Amended Answer by Tyson Foods, Inc.. (Attachments: # 1 Amended Answer)(McDonough, Travis) (Entered: 11/17/2004)	RECAP
48	Nov. 19, 2004	ORDER on 41 Motion regarding spoliation of documents. Tyson shall maintain the records at issue for thirty days from the date of this order. After thirty days Tyson may dispose of the records as it sees fit . Signed by Judge William B Carter on DateFiled. (JGM, ) (Entered: 11/23/2004)	RECAP
45	Nov. 22, 2004	NOTICE of Hearing on Motion 36 MOTION to Strike 31 Answer to Complaint: Motion Hearing set for 12/3/2004 09:00 AM in Courtroom 1 before Magistrate William B Carter. (TJG, ) (Entered: 11/22/2004)	RECAP
46	Nov. 22, 2004	NOTICE of Hearing on Motion 41 MOTION For Instruction Regarding Spoliation of Documents: Motion Hearing set for 12/3/2004 09:00 AM in Courtroom 1 before Magistrate William B Carter. (TJG, ) (Entered: 11/22/2004)	RECAP
47	Nov. 22, 2004	NOTICE of Hearing on Motion 44 MOTION to Amend/Correct Motion for Leave to File an Amended Answer: Motion Hearing set for 12/3/2004 09:00 AM in Courtroom 1 before Magistrate William B Carter. (TJG, ) (Entered: 11/22/2004)	RECAP
49	Dec. 21, 2004	First MOTION to Compel by Birda Trollinger, Robert Martinez, Tabetha Eddings, Doris Jewell. (Foster, Howard) (Entered: 12/21/2004)	RECAP
50	Dec. 21, 2004	MEMORANDUM in Support of Motion re 49 First MOTION to Compel filed by Birda Trollinger, Robert Martinez, Tabetha Eddings, Doris Jewell. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Errata C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Foster, Howard) (Entered: 12/21/2004)	RECAP
51	Dec. 22, 2004	NOTICE of Hearing on Motion 49 First MOTION to Compel: Motion Hearing set for 1/7/2005 09:00 AM in Magistrate Judge Courtroom - First Floor before Magistrate William B Carter. (AWH, ) (Entered: 12/22/2004)	RECAP
52	Dec. 23, 2004	First MOTION to Continue /Alter Scheduling Order by Birda Trollinger, Robert Martinez, Tabetha Eddings, Doris Jewell. (Foster, Howard) (Entered: 12/23/2004)	RECAP
53	Dec. 23, 2004	MEMORANDUM in Support of Motion re 52 First MOTION to Continue /Alter Scheduling Order filed by Birda Trollinger, Robert Martinez, Tabetha Eddings, Doris Jewell. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 2(A) - part 1# 4 Exhibit 2(A) - part 2# 5 Exhibit 2(B)# 6 Exhibit 2(C)# 7 Exhibit 2(D)# 8 Exhibit 2(E)# 9 Exhibit 2(F))(Foster, Howard) (Entered: 12/23/2004)	RECAP
54	Jan. 5, 2005	Agreed Proposed Order Granting Defendant's Motion for Leave to File Amended Answer by Tyson Foods, Inc.. (McDonough, Travis) (Entered: 01/05/2005)	RECAP
55	Jan. 6, 2005	ORDER withdrawing 36 Motion to Strike affirmative defenses, granting 42 Motion to file an amended answer, granting 44 Motion to Amend/Correct motion to file an amended answer . Signed by Judge William B Carter on 1/6/05. (JGM, ) (Entered: 01/06/2005)	RECAP
56	Jan. 7, 2005	RESPONSE to Motion re 49 First MOTION to Compel and Motion to Alter the Scheduling Order filed by Tyson Foods, Inc.. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8)(McDonough, Travis) (Entered: 01/07/2005)	RECAP
57	Jan. 11, 2005	Tyson's Amended ANSWER to Complaint by Tyson Foods, Inc..(McDonough, Travis) (Entered: 01/11/2005)	RECAP
58	Jan. 11, 2005	MOTION for Discovery To Deem Tyson's Untimely Consolidated Response to Pltf's Motion to Compel and Motion to Alter the Scheduling Order as Waived by Birda Trollinger, Robert Martinez, Tabetha Eddings, Doris Jewell. (Foster, Howard) (Entered: 01/11/2005)	RECAP
59	Jan. 11, 2005	MEMORANDUM in Support of Motion re 58 MOTION for Discovery To Deem Tyson's Untimely Consolidated Response to Pltf's Motion to Compel and Motion to Alter the Scheduling Order as Waived filed by Birda Trollinger, Robert Martinez, Tabetha Eddings, Doris Jewell. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Foster, Howard) (Entered: 01/11/2005)	RECAP
60	Jan. 11, 2005	REPLY to Response to Motion re 49 First MOTION to Compel filed by Birda Trollinger, Robert Martinez, Tabetha Eddings, Doris Jewell. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Foster, Howard) (Entered: 01/11/2005)	RECAP
61	Jan. 13, 2005	RESPONSE to Motion re 58 MOTION for Discovery To Deem Tyson's Untimely Consolidated Response to Pltf's Motion to Compel and Motion to Alter the Scheduling Order as Waived filed by Tyson Foods, Inc.. (McDonough, Travis) (Entered: 01/13/2005)	RECAP
62	Jan. 14, 2005	MOTION to Strike 57 Answer to Complaint D's Amended Ans to P's 1st Amended Complaint by Birda Trollinger, Robert Martinez, Tabetha Eddings, Doris Jewell. (Foster, Howard) (Entered: 01/14/2005)	RECAP
63	Jan. 14, 2005	MEMORANDUM in Support of Motion re 62 MOTION to Strike 57 Answer to Complaint D's Amended Ans to P's 1st Amended Complaint filed by Birda Trollinger, Robert Martinez, Tabetha Eddings, Doris Jewell. (Foster, Howard) (Entered: 01/14/2005)	RECAP
64	Jan. 18, 2005	ORDER reserving ruling on 49 Motion to Compel. A status conference will be held on 1/31/05 at 9:00 a.m. before Magistrate Judge Carter to discuss the status of document production in this case. Denying 58 Motion for Discovery . Signed by Judge William B Carter on 1/18/05. (JGM, ) (Entered: 01/19/2005)	RECAP
	Jan. 18, 2005	Set/Reset Hearings: Status Conference set for 1/31/2005 09:00 AM before Magistrate Judge Carter. (JGM, )
65	Jan. 20, 2005	MOTION for Leave to Appear pro hac vice for Colleen M. Lauerman . (Attachments: # 1 Certificate of Good Standing from District of Columbia Court of Appeals)(JGM, ) (Entered: 01/27/2005)	RECAP
	Jan. 24, 2005	RECEIPT #01317 in the amt of $60.00 for phv fee of Colleen M. Lauerman. (JGM, )
66	Feb. 3, 2005	RESPONSE to Motion re 62 MOTION to Strike 57 Answer to Complaint D's Amended Ans to P's 1st Amended Complaint filed by Tyson Foods, Inc.. (McDonough, Travis) (Entered: 02/03/2005)	RECAP
67	Feb. 4, 2005	ORDER denying 65 Motion for Leave to Appear pro hac vice by Colleen M. Lauerman. Signed by Judge William B Carter on 2/4/05. (JGM, ) (Entered: 02/07/2005)	RECAP
68	Feb. 7, 2005	REPLY to Response to Motion re 62 MOTION to Strike 57 Answer to Complaint D's Amended Ans to P's 1st Amended Complaint (To Strike Tyson's Affirmative Defenses) filed by Birda Trollinger, Robert Martinez, Tabetha Eddings, Doris Jewell. (Foster, Howard) (Entered: 02/07/2005)	RECAP
69	Feb. 22, 2005	Second MOTION to Compel Tyson to Comply with Plaintiffs' Second and Third Request for Production of Documents and Notice of Depositions by Birda Trollinger, Robert Martinez, Tabetha Eddings, Doris Jewell. (Foster, Howard) (Entered: 02/22/2005)	RECAP
70	Feb. 22, 2005	MEMORANDUM in Support of Motion re 69 Second MOTION to Compel Tyson to Comply with Plaintiffs' Second and Third Request for Production of Documents and Notice of Depositions filed by Birda Trollinger, Robert Martinez, Tabetha Eddings, Doris Jewell. (Attachments: # 1 Exhibit A.1# 2 Exhibit A.2# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I# 11 Exhibit J)(Foster, Howard) (Entered: 02/22/2005)	RECAP
71	Feb. 23, 2005	SUPPLEMENT to Motion to Alter the Scheduling Order and Motion to Reconsider by Birda Trollinger. (Colvin, William) (Entered: 02/23/2005)	RECAP
72	Feb. 23, 2005	MEMORANDUM in Support of Motion re 52 First MOTION to Continue /Alter Scheduling Order filed by Birda Trollinger. (Attachments: # 1 Exhibit Scheduling Order# 2 Exhibit Order)(Colvin, William) (Entered: 02/23/2005)	RECAP
73	Feb. 23, 2005	AFFIDAVIT of William G. Colvin by Birda Trollinger. (Colvin, William) Modified on 2/23/2005 to link affidavit to the motion #52.(TJG, ). (Entered: 02/23/2005)	RECAP
74	Feb. 23, 2005	SUBPOENA Returned Executed as to John MacCoon on 02/18/2005 (Attachments: # 1 Exhibit)(Colvin, William) (Entered: 02/23/2005)	RECAP
75	Feb. 24, 2005	NOTICE of Hearing on Motion 69 Second MOTION to Compel Tyson to Comply with Plaintiffs' Second and Third Request for Production of Documents and Notice of Depositions: Motion Hearing set for 2/28/2005 02:00 PM before Magistrate William B Carter. (GRE, ) (Entered: 02/24/2005)	RECAP
76	Feb. 25, 2005	MOTION to Withdraw as Attorney Counsel For Plaintiffs by Birda Trollinger, Robert Martinez, Tabetha Eddings, Doris Jewell. (Volk, Andrew) (Entered: 02/25/2005)	RECAP
77	Feb. 25, 2005	RESPONSE in Opposition re 69 Second MOTION to Compel Tyson to Comply with Plaintiffs' Second and Third Request for Production of Documents and Notice of Depositions filed by Tyson Foods, Inc.. (Attachments: # 1 # 2)(McDonough, Travis) (Entered: 02/25/2005)	RECAP
78	March 1, 2005	ORDER granting 76 Motion to Withdraw as Attorney. Attorney Steve W Berman and Andrew M Volk terminated . Signed by Judge William B Carter on 3/1/05. (AWH, ) (Entered: 03/02/2005)	RECAP
79	March 4, 2005	Agreed Proposed Order re Plaintiff's Motion to Compel by Birda Trollinger. (Colvin, William) (Entered: 03/04/2005)	RECAP
80	March 9, 2005	CERTIFICATE OF GOOD STANDING from the District of Columbia as to Atty Colleen M. Lauerman, counsel for deft Tyson Foods, Inc.. (TJG, ) (Entered: 03/10/2005)	RECAP
81	March 9, 2005	ORDER GRANTING # 65 MOTION for Atty Lauerman to Appear pro hac vice, WITHDRAWING # 67 previous order on Motion for Leave to AppearSigned by Judge William B Carter on 3/09/05. (TJG, ) (Entered: 03/10/2005)	RECAP
82	March 10, 2005	ORDER granting 52 Motion to Alter or Amend the Scheduling Order; granting # 69 pla's Motion to Compel, and setting a status conference for 3/28/05 at 2pm. Signed by Judge William B Carter on 3/10/05. (TJG, ) (Entered: 03/10/2005)	RECAP
	March 10, 2005	Set Hearing: Status Conference set for 3/28/2005 02:00 PM before Magistrate William B Carter. (TJG, )
83	March 14, 2005	MOTION for Leave to Appear Pro Hac Vice for Matthew Galin by Birda Trollinger, Robert Martinez, Tabetha Eddings, Doris Jewell. $60.00 fee to be submitted (Attachments: # 1 Certificate of Good Standing)(Foster, Howard). Modified 3/14/05 (JGM) (Entered: 03/14/2005)	RECAP
84	March 16, 2005	MEMORANDUM AND ORDER that the pla's Rule 12(f) motion is GRANTED IN PART and DENIED IN PART. The Court RESERVES ruling on the pla's motion to strike the fourth affirmative defense. Accordingly, the pla's Rule 12(f) motion to strike deft Tyson's fifth affirmative defense is DENIED. Signed by Judge R Allan Edgar on 3/16/05. (TJG, ) (Entered: 03/16/2005)	RECAP
85	March 17, 2005	Second MOTION for Leave to Appear Pro Hac Vice /Matthew Galin -resubmitted by Birda Trollinger, Robert Martinez, Tabetha Eddings, Doris Jewell. (Attachments: # 1 Certificate of Good Standing# 2 Receipt for fee)(Foster, Howard) (Entered: 03/17/2005)	RECAP
86	March 18, 2005	ORDER granting 83 and 85 Motions for Attorney Matthew Galin Leave to Appear pro hac vice as counsel for plaintiffs. Signed by Judge William B Carter on 3/18/05. (TJG, ) (Entered: 03/18/2005)	RECAP
	March 18, 2005	RECEIPT #01349 in the amt of $60.00 for phv fee of Matthew Galin. (JGM, )
87	April 6, 2005	Proposed Pretrial Order by Birda Trollinger, Robert Martinez, Tabetha Eddings, Doris Jewell. (Colvin, William) (Entered: 04/06/2005)	RECAP

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Case Details

State / Territory:

Tennessee

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 2, 2002

Closing Date: Oct. 20, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons legally authorized to be employed in the United States who have been employed at the Tyson facilities since April 1998 through the present.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Private Entity/Person

Tyson Foods, Inc.

Case Details

Causes of Action:

Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961 et seq.

Other Dockets:

Eastern District of Tennessee 4:02-cv-00023

Eastern District of Tennessee 4:01-cr-00061

U.S. Court of Appeals for the Sixth Circuit 02-06020

U.S. Court of Appeals for the Sixth Circuit 08-05643

U.S. Court of Appeals for the Sixth Circuit 08-05786

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Immigration/Border:

Employer sanctions

Employment

Recommended Citation

Case Summary of Trollinger v. Tyson Foods, Inc., Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/10226/ (last updated 7/9/2012).