Case: De Leon-Granados v. Eller And Sons Trees, Inc.

1:05-cv-01473 | U.S. District Court for the Northern District of Georgia

Filed Date: June 5, 2005

Closed Date: Oct. 29, 2012

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Case Summary

On June 5, 2005, attorneys with the Legal Aid Justice Center, the Southern Poverty Law Center and the Virginia Justice Center for Farm and Immigrant Workers filed a class action lawsuit on behalf of a group of over 1500 migrant workers in the U.S. District Court for the Northern District of Georgia against their former employer, Eller and Sons Trees, Inc. Plaintiffs, who were from Guatemala, Honduras, and Mexico, were admitted to the U.S. under the H-2B temporary farm worker program. The plaintiffs alleged that they planted trees and performed other forestry related work for the defendant, but that the defendant took advantage of them by grossly underpaying them in violation of the Migrant and Seasonal Agricultural Worker Protection Act (AWPA) and the Fair Labor Standards Act (FLSA). The case was assigned to Judge Clarence Cooper.

The District Court granted class certification on September 28, 2006. Leon-Granados v. Eller and Sons Trees, Inc., 2006 U.S. Dist. LEXIS 73781 (N.D. Ga. Sept. 28, 2006). That same day, Judge Cooper issued a discovery order and held that the applicable statute of limitations for the AWPA claims was six years. Leon-Granados v. Eller and Sons Trees, Inc., 452 F.Supp.2d 1282 (N.D. Ga. 2006). Defendants appealed the class certification order. The Eleventh Circuit affirmed the order granting class certification. De Leon-Granados v. Eller and Sons Trees, Inc. 2007 WL 2456206 (11th Cir. Aug. 31, 2007).

While the case was on appeal, discovery continued, as the District Court refused defendants' request to stay the case proceedings. On November 15, 2007, plaintiffs moved for partial summary judgment on one of their multiple claims under FLSA--their claim for reimbursement of passport, visa and travel expenses incurred in coming to work for Defendants--as well as on their claim of non-compliance with the AWPA. On October 7, 2008, the court granted Plaintiffs' partial summary judgment motion for the FLSA claim. De Leon-Granados v. Eller & Sons Trees, Inc., 581 F. Supp. 2d 1295, 1313 (N.D. Ga. 2008). The court found that Eller and Sons failed to reimburse their guest workers for travel and visa expenses incurred when they came to the United States to work for the company, failed to provide them all the hours of work they were promised in their H-2B work contracts, and failed to maintain accurate records of the hours they worked. Plaintiffs were awarded $57,001.28 in damages (after court granted plaintiffs' motion to correct summary judgment order). However, the Court was unable to rule on the AWPA claim. The defendants had moved to strike the plaintiffs' expert witness, a veteran wage and hour investigator who had reviewed the defendants' records. Without that testimony, the Court could not rule on the AWPA claim, so it would have to wait until the motion was resolved.

On October 30, 2008, the defendants withdrew their motion to strike the plaintiffs' expert witness. They then moved for an interlocutory appeal on November 4, 2008.

The interlocutory appeal was fought over until September 14, 2009 when the Court denied the appeal because (1) it "would not materially advance the ultimate termination of this litigation," and (2) final judgment would likely follow a damages hearing, and the defendants could just appeal then. 2009 WL 10696537. In the same order, the Court granted the plaintiffs' motion for partial summary judgement on the AWPA claim, holding that the defendants' payroll had failed to meet the AWPA requirements. It found that, following testimony by the plaintiffs' expert witness, there was no genuine issue of material fact that the defendants had kept inaccurate records and were sometimes intentionally underreporting workers' hours to evade wage payment obligations.

The plaintiffs submitted an amended complaint on July 22, 2010, clarifying requested damages. They then moved for statutory damages on August 6, 2010.

The defendant filed for bankruptcy on September 23, 2010, but the Court ordered on November 4, 2010 that litigation would proceed anyway. The parties proceeded with negotiations in the U.S. Bankruptcy Court for the District of Montana until June 4, 2012 when that court issued an order that the parties had come to a settlement agreement.

Back in the district court, on September 28, 2012, Judge Cooper granted the plaintiffs' motion for statutory damages pursuant to the AWPA claim. Finding that the defendants were clearly aware of the requirements but willfully ignored them, that these were far more than "mere technical violations," and that each class member would be receiving only a small amount, he awarded statutory damages to the plaintiff class near to the maximum allowable: $499,858.74. 2012 WL 13065433. On October 29, 2012, he then issued a final judgment for the plaintiffs, granting full damages in excess of $11 million.

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Summary Authors

Dan Dalton (11/16/2007)

Jennifer Bronson (12/13/2013)

Jack Kanarek (4/17/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6169650/parties/de-leon-granados-v-eller-and-sons-trees-inc/

Judge(s)

Black, Susan Harrell (Florida)

Cooper, Clarence (Georgia)

Dubina, Joel Fredrick (Alabama)

Attorney for Plaintiff

Bauer, Mary C. (Virginia)

Bruner, Kelley McNair (Alabama)

Attorney for Defendant

Judge(s)

Black, Susan Harrell (Florida)

Cooper, Clarence (Georgia)

Dubina, Joel Fredrick (Alabama)

Restani, Jane A. (New York)

Attorney for Plaintiff

Bauer, Mary C. (Virginia)

Bruner, Kelley McNair (Alabama)

Freilich, Tim A (Virginia)

Gulotta, Alex Ross (Virginia)

Knoepp, James Melvin (Virginia)

Spears, George Brian (Georgia)

Trodden, Erin Margaret (Virginia)

Turner, Andrew Hess (Alabama)

Attorney for Defendant

Oliver, Paul (Georgia)

Stine, James Larry (Georgia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:05-cv-01473	Docket [PACER] De Leon-Granados v. Eller and Sons Trees, Inc	Oct. 29, 2012	Oct. 29, 2012 Docket
70 1:05-cv-01473	Complaint - Class Action De Leon-Granados v. Eller and Sons Trees, Inc	Feb. 7, 2006	Feb. 7, 2006 Complaint
84 1:05-cv-01473	Answer to Plaintiffs' First Amended Complaint De Leon-Granados v. Eller and Sons Trees, Inc	March 29, 2006	March 29, 2006 Pleading / Motion / Brief
100 1:05-cv-01473	Opinion De Leon-Granados v. Eller and Sons Trees, Inc	Sept. 28, 2006	Sept. 28, 2006 Order/Opinion 2006 U.S.Dist.LEXIS 73781
101 1:05-cv-01473	Discovery Order	Sept. 28, 2006	Sept. 28, 2006 Order/Opinion 452 F.Supp.2d 1282
06-15876	Appellate Opinion De Leon-Granados v. Eller and Sons Trees, Inc U.S. Court of Appeals for the Eleventh Circuit	Aug. 31, 2007	Aug. 31, 2007 Order/Opinion 497 F.3d 1214
355 1:05-cv-01473	Re: Escolastico De Leon-Granados, et al. v. Eller, et al. Civil Action File No. 1:05-CV-1473-CC De Leon-Granados v. Eller	June 19, 2009	June 19, 2009 Correspondence
366 1:05-cv-01473	Order De Leon-Granados v. Eller & Sons Trees	Sept. 29, 2009	Sept. 29, 2009 Order/Opinion
389-2 1:05-cv-01473	Complaint - Class Action Escolastico de Leon-Granados v. Eller and Sons Trees	July 22, 2010	July 22, 2010 Complaint
405 1:05-cv-01473	Order De Leon-Granados v. Eller & Sons Tree	Sept. 28, 2012	Sept. 28, 2012 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6169650/de-leon-granados-v-eller-and-sons-trees-inc/

Last updated March 22, 2024, 3:10 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT filed and summon(s) issued. Consent form to proceed before U.S. Magistrate and pretrial instructions given to attorney ( Filing fee $ 250 receipt number 537844.), filed by Armenio Pablo-Calmo, Escolastico De Leon-Granados, Rene Villatoro- De Leon, Margarito Recinos-Villatoro, Isaias Profeta De Leon-Granados. (Attachments: # 1 Summons)(fkt) (Entered: 06/09/2005) 1 Summons View on PACER	June 6, 2005	June 6, 2005 RECAP
2	APPLICATION for Admission of Andrew H. Turner Pro Hac Viceby Armenio Pablo-Calmo, Escolastico De Leon-Granados, Rene Villatoro- De Leon, Margarito Recinos-Villatoro, Isaias Profeta De Leon-Granados.Filing Fee received $150.00, Receipt #537846. (Attachments: # 1 Proposed Order)(vs) (Entered: 06/09/2005) 1 Text of Proposed Order View on PACER	June 6, 2005	June 6, 2005 PACER
3	APPLICATION for Admission of Kelley Bruner, Alex R. Gulotta, Tim A. Freilich, Mary C. Bauer, James M. Knoepp Pro Hac Viceby Armenio Pablo-Calmo, Escolastico De Leon-Granados, Rene Villatoro- De Leon, Margarito Recinos-Villatoro, Isaias Profeta De Leon-Granados.Filing Fee received $750.00, Receipt #537847. (Attachments: # 1 Proposed Order Knoepp # 2 Proposed Order Bauer # 3 Proposed Order Freilich # 4 Proposed Order Gulotta # 5 Proposed Order Bruner)(vs) (Entered: 06/09/2005) 1 Text of Proposed Order View on PACER 2 Text of Proposed Order View on PACER 3 Text of Proposed Order View on PACER 4 Text of Proposed Order View on PACER 5 Text of Proposed Order View on PACER	June 6, 2005	June 6, 2005 PACER
4	ORDER granting 3 Application for Admission Pro Hac Vice Kelley Bruner, Alex R. Gulotta, Tim A. Freilich, Mary C. Bauer, James M. Knoepp Pro Hac Vice by Armenio Pablo-Calmo, Escolastico De Leon-Granados, Rene Villatoro- De Leon, Margarito Recinos-Villatoro, Isaias Profeta De Leon-Granados.. Signed by Judge Clarence Cooper on 6/17/05. (vs) (Entered: 06/21/2005)	June 17, 2005	June 17, 2005 PACER
5	ORDER granting 2 Application for Admission Pro Hac Vice of Andrew H. Turner by Armenio Pablo-Calmo, Escolastico De Leon-Granados, Rene Villatoro- De Leon, Margarito Recinos-Villatoro, Isaias Profeta De Leon-Granados. Signed by Judge Clarence Cooper on 6/17/05. (vs) (Entered: 06/21/2005)	June 17, 2005	June 17, 2005 PACER
6	Return of Service Executed by Escolastico De Leon-Granados. Eller and Sons Trees, Inc. served on 6/8/2005, answer due 6/28/2005. (Spears, George) (Entered: 06/23/2005)	June 23, 2005	June 23, 2005 PACER
7	Return of Service Executed by Escolastico De Leon-Granados. Jerry Eller served on 6/13/2005, answer due 7/5/2005. (Spears, George) (Entered: 06/23/2005)	June 23, 2005	June 23, 2005 PACER
8	ANSWER to Complaint with Jury Demand by Eller and Sons Trees, Inc., Jerry Eller. Discovery ends on 11/25/2005.(Stine, James) (Entered: 06/28/2005)	June 28, 2005	June 28, 2005 RECAP
9	MOTION for Order Certification of Class Action with Brief In Support by Escolastico De Leon-Granados. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7)(Spears, George) (Entered: 06/29/2005)	June 29, 2005	June 29, 2005 PACER
10	CERTIFICATE of Counsel Formatting Compliance by George Brian Spears on behalf of all plaintiffs (Spears, George) (Entered: 07/01/2005)	July 1, 2005	July 1, 2005 PACER
11	STATUS REPORT Joint Statement Regarding Restrictions on Class Communications by Escolastico De Leon-Granados. (Spears, George) (Entered: 07/08/2005)	July 8, 2005	July 8, 2005 PACER
12	RESPONSE in Opposition re 9 MOTION for Order Certification of Class Action By Plaintiff filed by Eller and Sons Trees, Inc., Jerry Eller. (Stine, James) (Entered: 07/11/2005)	July 11, 2005	July 11, 2005 PACER
13	PRELIMINARY REPORT AND DISCOVERY SCHEDULE filed by Eller and Sons Trees, Inc., Jerry Eller. (Stine, James) (Entered: 07/15/2005)	July 15, 2005	July 15, 2005 PACER
14	NOTICE Of Filing Consent to Join FLSA Collective Action by Escolastico De Leon-Granados (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit 4 # 5 Exhibit 5 )(Spears, George) Modified on 7/25/2005 (vs). (Entered: 07/18/2005) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER	July 18, 2005	July 18, 2005 PACER
15	NOTICE to Take Deposition of Escolastico De Leon-Granados, Rene Villatoro-De Leon, Margarito Recinso-Villatoro, Isias Profeta De Leon-Granados and Amrenio Pablo-Calmo filed by Eller and Sons Trees, Inc., Jerry Eller (Stine, James) (Entered: 07/22/2005)	July 22, 2005	July 22, 2005 PACER
16	Initial Disclosures by Eller and Sons Trees, Inc., Jerry Eller.(Stine, James) (Entered: 07/27/2005)	July 27, 2005	July 27, 2005 PACER
17	MOTION to Certify Class Certificate of Collective Action with Brief In Support by Escolastico De Leon-Granados. (Attachments: # 1 Brief Memorandum in Support# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Errata 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Errata 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11# 13 Exhibit 12# 14 Exhibit 13# 15 Exhibit 14# 16 Errata 15# 17 Exhibit 16# 18 Exhibit 17)(Spears, George) (Entered: 07/27/2005) 1 Brief Memorandum in Support View on PACER 2 Exhibit 1 View on PACER 3 Exhibit 2 View on PACER 4 Exhibit 3 View on PACER 5 Errata 4 View on PACER 6 Exhibit 5 View on PACER 7 Exhibit 6 View on PACER 8 Exhibit 7 View on PACER 9 Errata 8 View on PACER 10 Exhibit 9 View on PACER 11 Exhibit 10 View on PACER 12 Exhibit 11 View on PACER 13 Exhibit 12 View on PACER 14 Exhibit 13 View on PACER 15 Exhibit 14 View on PACER 16 Errata 15 View on PACER 17 Exhibit 16 View on PACER 18 Exhibit 17 View on PACER	July 27, 2005	July 27, 2005 PACER
18	RESPONSE in Support re 9 MOTION to Certify Class Certificate of Collective Action filed by Escolastico De Leon-Granados. (Spears, George) Modified on 10/11/2005 (vs). (Entered: 07/27/2005)	July 27, 2005	July 27, 2005 PACER
19	Notice of Filing (Exhibit 18) re Motion to to Certify Class Certificate of Collective Action (Spears, George) Modified on 7/28/2005 to correct text (vs). (Entered: 07/28/2005)	July 28, 2005	July 28, 2005 PACER
20	REPLY BRIEF re 9 MOTION to Certify Class Certificate of Collective Action filed by Escolastico De Leon-Granados. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16# 17 Exhibit 17# 18 Exhibit 18)(Spears, George) Modified on 10/11/2005 (vs). (Entered: 07/28/2005) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Exhibit 6 View on PACER 7 Exhibit 7 View on PACER 8 Exhibit 8 View on PACER 9 Exhibit 9 View on PACER 10 Exhibit 10 View on PACER 11 Exhibit 11 View on PACER 12 Exhibit 12 View on PACER 13 Exhibit 13 View on PACER 14 Exhibit 14 View on PACER 15 Exhibit 15 View on PACER 16 Exhibit 16 View on PACER 17 Exhibit 17 View on PACER 18 Exhibit 18 View on PACER	July 28, 2005	July 28, 2005 PACER
21	Initial Disclosures by Escolastico De Leon-Granados.(Spears, George) (Entered: 07/28/2005)	July 28, 2005	July 28, 2005 PACER
22	CERTIFICATE of Counsel Service of Discovery Materials by George Brian Spears on behalf of all plaintiffs (Spears, George) (Entered: 07/28/2005)	July 28, 2005	July 28, 2005 PACER
23	Amended NOTICE to Take Deposition of Escolastico De Leon-Granados, Rene Villatoro-De Leon, Margarito Recinso-Villatoro, Isias Profeta De Leon-Granados and Amrenio Pablo-Calmo filed by Eller and Sons Trees, Inc., Jerry Eller (Stine, James) (Entered: 08/04/2005)	Aug. 4, 2005	Aug. 4, 2005 PACER
24	RESPONSE re 17 MOTION to Certify Class Certificate of Collective Action, 19 MOTION to Certify Class Certificate of Collective Action (Exhibit 18), 9 MOTION for Order Certification of Class Action Defendant's Response To Plaintiff's Motion For Certification Of Collective Action filed by Eller and Sons Trees, Inc., Jerry Eller. (Attachments: # 1 Exhibit 1A-Court's Order# 2 Exhibit 1B - Spanish# 3 Exhibit 2 - Court's Notice)(Stine, James) (Entered: 08/15/2005) 1 Exhibit 1A-Court's Order View on PACER 2 Exhibit 1B - Spanish View on PACER 3 Exhibit 2 - Court's Notice View on PACER	Aug. 15, 2005	Aug. 15, 2005 PACER
25	NOTICE by Escolastico De Leon-Granados Filing Consents to Join (Attachments: # 1 Exhibit Omar Consent# 2 Exhibit Samuel# 3 Exhibit Nelson# 4 Exhibit Marcial)(Spears, George) (Entered: 08/26/2005) 1 Exhibit Omar Consent View on PACER 2 Exhibit Samuel View on PACER 3 Exhibit Nelson View on PACER 4 Exhibit Marcial View on PACER	Aug. 26, 2005	Aug. 26, 2005 PACER
26	Amended Initial Disclosures by Escolastico De Leon-Granados.(Spears, George) (Entered: 08/26/2005)	Aug. 26, 2005	Aug. 26, 2005 PACER
27	for Leave of Absence for the following date(s): 9/23/05-9/26/05, 10/7/05 - 10/10/05, 10/27/05 - 10/30/05, 11/23/05 - 11/28/05, 12/23/05 - 12/31/05, by George Brian Spears. (Spears, George) (Entered: 08/30/2005)	Aug. 30, 2005	Aug. 30, 2005 PACER
28	REPLY BRIEF re 17 MOTION to Certify Class Certificate of Collective Action, 19 MOTION to Certify Class Certificate of Collective Action (Exhibit 18) filed by Escolastico De Leon-Granados. (Attachments: # 1 Exhibit Plaintiffs' Proposed Notice# 2 Exhibit Plaintiffs' Proposed Consent-to-Sue Form# 3 Affidavit Declaration of Cathleen Caron# 4 Exhibit Vergara-Perdomo v. Wendell Roberson, Inc.# 5 Exhibit Reyes v. Mongiello)(Bauer, Mary) (Entered: 09/01/2005) 1 Exhibit Plaintiffs' Proposed Notice View on PACER 2 Exhibit Plaintiffs' Proposed Consent-to-Sue Form View on PACER 3 Affidavit Declaration of Cathleen Caron View on PACER 4 Exhibit Vergara-Perdomo v. Wendell Roberson, Inc. View on PACER 5 Exhibit Reyes v. Mongiello View on PACER	Sept. 1, 2005	Sept. 1, 2005 PACER
29	CERTIFICATE OF SERVICE filed by Eller and Sons Trees, Inc., Jerry Eller Defendant's First and Partial Response To Plaintiffs' First Request For Production of Documents To Defendant Eller & Sons Trees, Inc. (Stine, James) (Entered: 09/06/2005)	Sept. 6, 2005	Sept. 6, 2005 PACER
30	CERTIFICATE OF SERVICE filed by Eller and Sons Trees, Inc., Jerry Eller Defendants' First and Partial Response To Plaintiff Escolastico De Leon-Granados' First Interrogatories (Stine, James) (Entered: 09/06/2005)	Sept. 6, 2005	Sept. 6, 2005 PACER
31	NOTICE Of Filing Plaintiffs' Third Notice of Filing FLSA Consent-to-Sue Forms by Escolastico De Leon-Granados (Attachments: # 1 Consent- to-Sue Form of Alberto Diaz-Diaz# 2 Consent-to-Sue Form of Aureliano Rivas-Lucas# 3 Consent-to-Sue Form of Juan Aguilar-Vasquez# 4 Consent-to-Sue Form of Jose Ruiz-Rodriguez)(Bauer, Mary) (Entered: 09/07/2005) 1 Consent- to-Sue Form of Alberto Diaz-Diaz View on PACER 2 Consent-to-Sue Form of Aureliano Rivas-Lucas View on PACER 3 Consent-to-Sue Form of Juan Aguilar-Vasquez View on PACER 4 Consent-to-Sue Form of Jose Ruiz-Rodriguez View on PACER	Sept. 7, 2005	Sept. 7, 2005 PACER
32	NOTICE Of Filing Plaintiffs' Fourth Notice of Filing Consents to Join FLSA Collective Action by Escolastico De Leon-Granados (Attachments: # 1 Consent-to-Sue Form of Hermelindo Jesus Castillo# 2 Consent-to-Sue Form of Marvin Vallardo Castillo)(Bauer, Mary) (Entered: 09/08/2005) 1 Consent-to-Sue Form of Hermelindo Jesus Castillo View on PACER 2 Consent-to-Sue Form of Marvin Vallardo Castillo View on PACER	Sept. 8, 2005	Sept. 8, 2005 PACER
33	CERTIFICATE OF SERVICE filed by Eller and Sons Trees, Inc., Jerry Eller for Defendants' REsponse to Plaintiff Escolastico De Leon-Granados' First Interrogatories (Stine, James) (Entered: 09/19/2005)	Sept. 19, 2005	Sept. 19, 2005 PACER
34	CERTIFICATE OF SERVICE filed by Eller and Sons Trees, Inc., Jerry Eller Defendants' Response to Plaintiffs' First Request for Production of Documents to Defendant (Stine, James) (Entered: 09/19/2005)	Sept. 19, 2005	Sept. 19, 2005 PACER
35	NOTICE of Hearing:Scheduling Conference set for 10/12/2005 04:00 PM before Judge Clarence Cooper. (pds) (Entered: 09/21/2005)	Sept. 21, 2005	Sept. 21, 2005 PACER
36	NOTICE Of Filing FLSA opt-ins by Escolastico De Leon-Granados et. al. (Attachments: # 1 Exhibit Jose Maria Tomas-Recinos FLSA Consent to Sue# 2 Exhibit Sergio Roldan FLSA Consent to Sue# 3 Exhibit Alejandro Luis Morales FLSA Consent to Sue)(Bauer, Mary) (Entered: 10/11/2005) 1 Exhibit Jose Maria Tomas-Recinos FLSA Consent to Sue View on PACER 2 Exhibit Sergio Roldan FLSA Consent to Sue View on PACER 3 Exhibit Alejandro Luis Morales FLSA Consent to Sue View on PACER	Oct. 11, 2005	Oct. 11, 2005 PACER
37	First MOTION to Compel Production of Documents with Brief In Support by Escolastico De Leon-Granados. (Attachments: # 1 Brief Memorandum of Law In Support of Plaintiff's Motion to Compel Production of Documents# 2 Exhibit Plaintiffs' Exhibit 24# 3 Exhibit Plaintiffs' Exhibit 25# 4 Exhibit Plaintiffs' Exhibit 26)(Bauer, Mary) (Entered: 10/11/2005) 1 Brief Memorandum of Law In Support of Plaintiff's Motion to Compel Producti View on PACER 2 Exhibit Plaintiffs' Exhibit 24 View on PACER 3 Exhibit Plaintiffs' Exhibit 25 View on PACER 4 Exhibit Plaintiffs' Exhibit 26 View on PACER	Oct. 11, 2005	Oct. 11, 2005 PACER
38	First MOTION to Compel Responses to Interrogatories with Brief In Support by Escolastico De Leon-Granados. (Attachments: # 1 Brief Memorandum of Law In Support of Plaintiff's Motion to Compel Responses to Interrogatories# 2 Exhibit Plaintiffs' Exhibit 17# 3 Exhibit Plaintiffs' Exhibit 24# 4 Exhibit Plaintiffs' Exhibit 25# 5 Exhibit Plaintiffs' Exhibit 26)(Bauer, Mary) (Entered: 10/12/2005) 1 Brief Memorandum of Law In Support of Plaintiff's Motion to Compel Response View on PACER 2 Exhibit Plaintiffs' Exhibit 17 View on PACER 3 Exhibit Plaintiffs' Exhibit 24 View on PACER 4 Exhibit Plaintiffs' Exhibit 25 View on PACER 5 Exhibit Plaintiffs' Exhibit 26 View on PACER	Oct. 11, 2005	Oct. 11, 2005 PACER
41	Minute Entry for proceedings held before Judge Clarence Cooper : Scheduling Conference held on 10/12/2005. Hrg on motion for class certification. Court denied w/o prejudice motion for class certification to allow parties to conduct discovery regarding certification issues. Court granted plas' motion for preliminary certification of collective action and for disclosure of names, addresses & phone numbers of potential Opt-In plas. Discovery track changed to 8 month. Cnsl to prepare order. (Court Reporter Amanda Lohnaas.)(vs) (Entered: 10/17/2005)	Oct. 12, 2005	Oct. 12, 2005 PACER
39	MOTION for Leave to File Excess Pages by Escolastico De Leon-Granados. (Spears, George) (Entered: 10/14/2005)	Oct. 14, 2005	Oct. 14, 2005 PACER
40	MOTION for Leave to File Excess Pages by Escolastico De Leon-Granados. (Attachments: # 1Proposed Order )(Spears, George) Modified on 10/17/2005 (vs). (Entered: 10/14/2005) 1 Proposed Order View on PACER	Oct. 14, 2005	Oct. 14, 2005 PACER
42	NOTICE by Eller and Sons Trees, Inc., Jerry Eller of Submission of Names, Last Known Addresses, and Telephone Numbers (Stine, James) (Entered: 10/18/2005)	Oct. 18, 2005	Oct. 18, 2005 PACER
43	ORDER denying 9 Motion for Order Certification of Class Action, granting 17 Motion for Preliminary Certification of Collective Action and for Disclosure of the Names, Addresses and Telephone Number of Potential Opt-In Plas. Signed by Judge Clarence Cooper on 10/18/05. (vs) (Entered: 10/19/2005)	Oct. 18, 2005	Oct. 18, 2005 PACER
44	ORDER granting 40 Motion for Leave to File Excess Pages . Signed by Judge Clarence Cooper on 10/18/05. (vs) (Entered: 10/19/2005)	Oct. 18, 2005	Oct. 18, 2005 PACER
45	ORDER re 13 Preliminary Report and Discovery Schedule filed by Jerry Eller,, Eller and Sons Trees, Inc., The discovery period is herby extended for an additional four months. Discovery ends on 3/25/2005. Signed by Judge Clarence Cooper on 10/20/05. (vs) (Entered: 10/24/2005)	Oct. 20, 2005	Oct. 20, 2005 PACER
48	TRANSCRIPT of Proceedings held on 10/12/05 before Judge Clarence Cooper. Court Reporter: Amanda Lohnaas. (vs) (Entered: 10/27/2005)	Oct. 24, 2005	Oct. 24, 2005 PACER
46	RESPONSE in Opposition re 37 First MOTION to Compel Production of Documents filed by Eller and Sons Trees, Inc., Jerry Eller. (Attachments: # 1 Exhibit Sample Score Sheet)(Stine, James) (Entered: 10/25/2005) 1 Exhibit Sample Score Sheet View on PACER	Oct. 25, 2005	Oct. 25, 2005 PACER
47	RESPONSE in Opposition re 38 First MOTION to Compel Responses to Interrogatories filed by Eller and Sons Trees, Inc., Jerry Eller. (Stine, James) (Entered: 10/26/2005)	Oct. 26, 2005	Oct. 26, 2005 PACER
49	TRANSCRIPT of Proceedings held on 10/12/05 before Judge Clarence Cooper. Court Reporter: Amanda Lohnaas. (vs) (Entered: 11/01/2005)	Oct. 28, 2005	Oct. 28, 2005 PACER
50	REPLY BRIEF re 37 First MOTION to Compel Production of Documents filed by Escolastico De Leon-Granados. (Attachments: # 1 Exhibit Plaintiffs' Exhibit 27# 2 Exhibit Plaintiffs' Exhibit 28# 3 Exhibit Plainitffs' Exhibit 29)(Spears, George) (Entered: 11/10/2005) 1 Exhibit Plaintiffs' Exhibit 27 View on PACER 2 Exhibit Plaintiffs' Exhibit 28 View on PACER 3 Exhibit Plainitffs' Exhibit 29 View on PACER	Nov. 10, 2005	Nov. 10, 2005 PACER
51	REPLY BRIEF re 38 First MOTION to Compel Responses to Interrogatories filed by Escolastico De Leon-Granados. (Attachments: # 1 Exhibit Plaintiffs' Exhibit 27# 2 Exhibit Plaintiffs' Exhibit 28)(Spears, George) (Entered: 11/11/2005) 1 Exhibit Plaintiffs' Exhibit 27 View on PACER 2 Exhibit Plaintiffs' Exhibit 28 View on PACER	Nov. 11, 2005	Nov. 11, 2005 PACER
52	NOTICE by Herman Osbeli Recinos-Martinez Filing Withdrawal of Consent to Sue Form (Attachments: # 1 Affidavit Affidavit of Herman Osbeli Recinos Martinez)(Spears, George) (Entered: 12/12/2005) 1 Affidavit Affidavit of Herman Osbeli Recinos Martinez View on PACER	Dec. 12, 2005	Dec. 12, 2005 PACER
53	NOTICE Of Filing by Escolastico De Leon-Granados (Attachments: # 1 FLSA Consent to Sue Form Ruben Perez-Lucas# 2 FLSA Consent to Sue Form Rosanio Concepcion-Matias)(Spears, George) (Entered: 12/14/2005) 1 FLSA Consent to Sue Form Ruben Perez-Lucas View on PACER 2 FLSA Consent to Sue Form Rosanio Concepcion-Matias View on PACER	Dec. 14, 2005	Dec. 14, 2005 PACER
54	NOTICE Of Filing by Escolastico De Leon-Granados (Attachments: # 1 Felix Morales-Antonio FLSA Consent-to-Sue Form)(Spears, George) (Entered: 12/21/2005) 1 Felix Morales-Antonio FLSA Consent-to-Sue Form View on PACER	Dec. 21, 2005	Dec. 21, 2005 PACER
55	OBJECTION to Plainitffs' Notice of Depositions for 30(b)(6) Deposition filed by Eller and Sons Trees, Inc., Jerry Eller. (Stine, James) (Entered: 01/06/2006)	Jan. 6, 2006	Jan. 6, 2006 PACER
56	Notice for Leave of Absence for the following date(s): 2/18-2/19/06, 3/28-4/3/06, 5/25-5/28/06, 6/22-6/25/06, 7/14-7/19/06, 10/11-10/16/06, by George Brian Spears. (Spears, George) Modified on 1/12/2006 (vs). (Entered: 01/11/2006)	Jan. 11, 2006	Jan. 11, 2006 PACER
57	Notice of Leave of Absence, by George Brian Spears. (Spears, George) (Entered: 01/16/2006)	Jan. 16, 2006	Jan. 16, 2006 PACER
58	CERTIFICATE OF SERVICE for Defendant's Response to No. 55-61 of Plaintiff's First Request for Admissions to Defendants by Eller and Sons Trees, Inc., Jerry Eller.(Stine, James) (Entered: 01/17/2006)	Jan. 17, 2006	Jan. 17, 2006 PACER
59	NOTICE Of Filing by Escolastico De Leon-Granados Notice of Filing Consent to Join FLSA Collective Action (Attachments: # 1 Consent to Sue Form of Protasio Burgos-Maldonado)(Spears, George) (Entered: 01/24/2006) 1 Consent to Sue Form of Protasio Burgos-Maldonado View on PACER	Jan. 24, 2006	Jan. 24, 2006 PACER
60	CERTIFICATE OF SERVICE of Defendants' REsponse to No. 1-54 of Plaintiffs' First Request for Admissions to Defendants by Eller and Sons Trees, Inc., Jerry Eller.(Stine, James) (Entered: 01/24/2006)	Jan. 24, 2006	Jan. 24, 2006 PACER
61	NOTICE Of Filing by Margarito Recinos-Villatoro Notice of Withdrawal (Attachments: # 1 Affidavit Second Affidavit of Margarito Recinos-Villatoro)(Spears, George) (Entered: 01/25/2006) 1 Affidavit Second Affidavit of Margarito Recinos-Villatoro View on PACER	Jan. 25, 2006	Jan. 25, 2006 PACER
62	Second MOTION for Leave to File Excess Pages by Escolastico De Leon-Granados. (Spears, George) (Entered: 01/29/2006)	Jan. 29, 2006	Jan. 29, 2006 PACER
63	MOTION to Certify Class Plaintiffs' Renewed Motion for Certification of Class Action with Brief In Support by Escolastico De Leon-Granados. (Attachments: # 1 Memorandum of Law Supporting Plaintiffs' Renewed Motion for Certification of Class Action)(Spears, George) (Entered: 01/31/2006) 1 Memorandum of Law Supporting Plaintiffs' Renewed Motion for Certification View on PACER	Jan. 31, 2006	Jan. 31, 2006 PACER
64	NOTICE Of Filing Plaintiffs' Renewed Motion for Certification of Class Action by Escolastico De Leon-Granados re 63 MOTION to Certify Class Plaintiffs' Renewed Motion for Certification of Class Action Exhibits 30-35d (Attachments: # 1 Exhibit Plaintiffs' Exhibit 30# 2 Exhibit Plaintiffs' Exhibit 31# 3 Exhibit Plaintiffs' Exhibit 32a# 4 Exhibit Plaintiffs' Exhibit 32b# 5 Exhibit Plaintiffs' Exhibit 33a# 6 Exhibit Plaintiffs' Exhibit 33b1# 7 Exhibit Plaintiffs' Exhibit 33b2# 8 Exhibit Plaintiffs' Exhibit 34# 9 Exhibit Plaintiffs' Exhibit 35a# 10 Exhibit Plaintiffs' Exhibit 35b# 11 Exhibit Plaintiffs' Exhibit 35c# 12 Exhibit Plaintiffs' Exhibit 35d)(Spears, George) (Entered: 02/02/2006) 1 Exhibit Plaintiffs' Exhibit 30 View on PACER 2 Exhibit Plaintiffs' Exhibit 31 View on PACER 3 Exhibit Plaintiffs' Exhibit 32a View on PACER 4 Exhibit Plaintiffs' Exhibit 32b View on PACER 5 Exhibit Plaintiffs' Exhibit 33a View on PACER 6 Exhibit Plaintiffs' Exhibit 33b1 View on PACER 7 Exhibit Plaintiffs' Exhibit 33b2 View on PACER 8 Exhibit Plaintiffs' Exhibit 34 View on PACER 9 Exhibit Plaintiffs' Exhibit 35a View on PACER 10 Exhibit Plaintiffs' Exhibit 35b View on PACER 11 Exhibit Plaintiffs' Exhibit 35c View on PACER 12 Exhibit Plaintiffs' Exhibit 35d View on PACER	Feb. 2, 2006	Feb. 2, 2006 PACER
65	NOTICE Of Filing by Escolastico De Leon-Granados re 63 MOTION to Certify Class Plaintiffs' Renewed Motion for Certification of Class Action Plaintiffs' Exhibits 36-40 (Attachments: # 1 Plaintiffs' Exhibit 36# 2 Plaintiffs' Exhibit 37# 3 Plaintiffs' Exhibit 38# 4 Plaintiffs' Exhibit 39# 5 Plaintiffs' Exhibit 40)(Spears, George) Modified on 2/6/2006 to correct duplicate wording(vs). (Entered: 02/02/2006) 1 Exhibit Plaintiffs' Exhibit 36 View on PACER 2 Exhibit Plaintiffs' Exhibit 37 View on PACER 3 Exhibit Plaintiffs' Exhibit 38 View on PACER 4 Exhibit Plaintiffs' Exhibit 39 View on PACER 5 Exhibit Plaintiffs' Exhibit 40 View on PACER	Feb. 2, 2006	Feb. 2, 2006 PACER
66	NOTICE Of Filing by Escolastico De Leon-Granados re 63 MOTION to Certify Class Plaintiffs' Renewed Motion for Certification of Class Action Plaintiffs' Exhibits 41-45 (Attachments: # 1 Exhibit Plaintiffs' Exhibit 41# 2 Exhibit Plaintiffs' Exhibit 42# 3 Exhibit Plaintiffs' Exhibit 43# 4 Exhibit Plaintiffs' Exhibit 44# 5 Exhibit Plaintiff's Exhibit 45)(Spears, George) (Entered: 02/02/2006) 1 Exhibit Plaintiffs' Exhibit 41 View on PACER 2 Exhibit Plaintiffs' Exhibit 42 View on PACER 3 Exhibit Plaintiffs' Exhibit 43 View on PACER 4 Exhibit Plaintiffs' Exhibit 44 View on PACER 5 Exhibit Plaintiff's Exhibit 45 View on PACER	Feb. 2, 2006	Feb. 2, 2006 PACER
67	NOTICE Of Filing by Escolastico De Leon-Granados re 63 MOTION to Certify Class Plaintiffs' Renewed Motion for Certification of Class Action Plaintiffs' Exhibits 46-50 (Attachments: # 1 Plaintiffs' Exhibit 46# 2 Plaintiffs' Exhibit 47# 3 Plaintiffs' Exhibit 48a1# 4 Plaintiffs' Exhibit 48a2# 5 Plaintiffs' Exhibit 48a3# 6 Plaintiffs' Exhibit 48a4# 7 Plaintiffs' Exhibit 48a5# 8 Plaintiffs' Exhibit 48b1# 9 Plaintiffs' Exhibit 48b2# 10 Plaintiffs' Exhibit 48b3# 11 Plaintiffs' Exhibit 48b4# 12 Plaintiffs' Exhibit 48b5# 13 Plaintiffs' Exhibit 48b6# 14 Plaintiffs' Exhibit 48b7# 15 Plaintiffs' Exhibit 49# 16 Plaintiffs' Exhibit 50)(Spears, George) Modified on 2/6/2006 to delete dublicate wording(vs). (Entered: 02/02/2006) 1 Exhibit Plaintiffs' Exhibit 46 View on PACER 2 Exhibit Plaintiffs' Exhibit 47 View on PACER 3 Exhibit Plaintiffs' Exhibit 48a1 View on PACER 4 Exhibit Plaintiffs' Exhibit 48a2 View on PACER 5 Exhibit Plaintiffs' Exhibit 48a3 View on PACER 6 Exhibit Plaintiffs' Exhibit 48a4 View on PACER 7 Exhibit Plaintiffs' Exhibit 48a5 View on PACER 8 Exhibit Plaintiffs' Exhibit 48b1 View on PACER 9 Exhibit Plaintiffs' Exhibit 48b2 View on PACER 10 Exhibit Plaintiffs' Exhibit 48b3 View on PACER 11 Exhibit Plaintiffs' Exhibit 48b4 View on PACER 12 Exhibit Plaintiffs' Exhibit 48b5 View on PACER 13 Exhibit Plaintiffs' Exhibit 48b6 View on PACER 14 Exhibit Plaintiffs' Exhibit 48b7 View on PACER 15 Exhibit Plaintiffs' Exhibit 49 View on PACER 16 Exhibit Plaintiffs' Exhibit 50 View on PACER	Feb. 2, 2006	Feb. 2, 2006 PACER
68	NOTICE Of Filing by Escolastico De Leon-Granados re 63 MOTION to Certify Class Plaintiffs' Renewed Motion for Certification of Class Action Plaintiffs' Exhibits 51-55 (Attachments: # 1 Plaintiffs' Exhibit 51# 2 Plaintiffs' Exhibit 52# 3Plaintiffs' Exhibit 53# 4 Plaintiffs' Exhibit 54# 5 Plaintiffs' Exhibit 55)(Spears, George) Modified on 2/6/2006 to delete duplicate wording(vs). (Entered: 02/02/2006) 1 Exhibit Plaintiffs' Exhibit 51 View on PACER 2 Exhibit Plaintiffs' Exhibit 52 View on PACER 3 Exhibit Plaintiffs' Exhibit 53 View on PACER 4 Exhibit Plaintiffs' Exhibit 54 View on PACER 5 Exhibit Plaintiffs' Exhibit 55 View on PACER	Feb. 2, 2006	Feb. 2, 2006 PACER
69	NOTICE Of Filing by Escolastico De Leon-Granados FLSA Consent to Sue Form (Attachments: # 1 Consent to Sue Form of Antonio Pablo Roldan-Coban)(Spears, George) (Entered: 02/07/2006) 1 Consent to Sue Form of Antonio Pablo Roldan-Coban View on PACER	Feb. 7, 2006	Feb. 7, 2006 PACER
70	First AMENDED COMPLAINT against all defendants, filed by Escolastico De Leon-Granados. (Attachments: # 1 Exhibit Pl. Ex. 56 - Defendants Written Consent to Amendment of Complaint)(Spears, George) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 02/07/2006) 1 Exhibit Pl. Ex. 56 - Defendants Written Consent to Amendment of Complaint View on PACER	Feb. 7, 2006	Feb. 7, 2006 RECAP
71	ORDER granting (nunc pro tunc) 62 Motion for Leave to File Excess Pages . Signed by Judge Clarence Cooper on 2/9/06. (vs) (Entered: 02/09/2006)	Feb. 9, 2006	Feb. 9, 2006 PACER
72	NOTICE Of Filing by Escolastico De Leon-Granados FLSA Consent to Sue Form (Attachments: # 1 FLSA Consent to Sue Form of Cristobal Lucano Gutierrez)(Spears, George) (Entered: 02/14/2006) 1 FLSA Consent to Sue Form of Cristobal Lucano Gutierrez View on PACER	Feb. 14, 2006	Feb. 14, 2006 PACER
73	Unopposed MOTION for Extension of Time to Respond to Plaintiff's Motion for Certification of Class by Eller and Sons Trees, Inc., Jerry Eller. (Stine, James) (Entered: 02/14/2006)	Feb. 14, 2006	Feb. 14, 2006 PACER
74	ORDER granting 73 Motion for Extension of Time to repond to pla's motion for certification of class. Dfts' response shall be due on February 28, 2006, and plas' reply shall be due 10 days thereafter. Signed by Judge Clarence Cooper on 2/15/06. (vs) (Entered: 02/15/2006)	Feb. 15, 2006	Feb. 15, 2006 PACER
75	MOTION for Leave to File Excess Pages by Eller and Sons Trees, Inc., Jerry Eller. (Stine, James) (Entered: 02/28/2006)	Feb. 28, 2006	Feb. 28, 2006 PACER
76	RESPONSE in Opposition re 63 MOTION to Certify Class Plaintiffs' Renewed Motion for Certification of Class Action filed by Eller and Sons Trees, Inc., Jerry Eller. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 eller and sons depo.# 7 Oziel Matias depo.# 8 Margarito Villatoro depo.# 9 Escolastico De Leon Granados depo.# 10 Armenio Pablo-Calmo# 11 Isaias Granados depo.# 12 Ogler Recinos depo.# 13 Edy Garcia depo.# 14 Argelio Villatoro depo.)(Stine, James) (Entered: 02/28/2006) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 eller and sons depo. View on PACER 7 Oziel Matias depo. View on PACER 8 Margarito Villatoro depo. View on PACER 9 Escolastico De Leon Granados depo. View on PACER 10 Armenio Pablo-Calmo View on PACER 11 Isaias Granados depo. View on PACER 12 Ogler Recinos depo. View on PACER 13 Edy Garcia depo. View on PACER 14 Argelio Villatoro depo. View on PACER	Feb. 28, 2006	Feb. 28, 2006 PACER
77	NOTICE Of Filing by Escolastico De Leon-Granados Consent to Sue Form (Attachments: # 1 Consent to Sue Form of Agustin Soto Rios)(Spears, George) (Entered: 03/01/2006) 1 Consent to Sue Form of Agustin Soto Rios View on PACER	March 1, 2006	March 1, 2006 PACER
78	First MOTION for Extension of Time to Complete Discovery Joint Motion by Escolastico De Leon-Granados. (Attachments: # 1 Text of Proposed Order Proposed Order Amending Scheduling Order)(Spears, George) (Entered: 03/07/2006) 1 Text of Proposed Order Proposed Order Amending Scheduling Order View on PACER	March 7, 2006	March 7, 2006 PACER
79	REPLY BRIEF re 63 MOTION to Certify Class Plaintiffs' Renewed Motion for Certification of Class Action filed by Escolastico De Leon-Granados. (Attachments: # 1 Exhibit Pl. Ex. 57# 2 Exhibit Pl. Ex. 58# 3 Exhibit Pl. Ex. 59# 4 Exhibit Pl. Ex. 60# 5 Exhibit Pl. Ex. 61# 6 Exhibit Pl. Ex. 62# 7 Exhibit Pl. Ex. 63a# 8 Exhibit Pl. Ex. 63 b# 9 Exhibit Pl. Ex. 63c)(Spears, George) (Entered: 03/17/2006) 1 Exhibit Pl. Ex. 57 View on PACER 2 Exhibit Pl. Ex. 58 View on PACER 3 Exhibit Pl. Ex. 59 View on PACER 4 Exhibit Pl. Ex. 60 View on PACER 5 Exhibit Pl. Ex. 61 View on PACER 6 Exhibit Pl. Ex. 62 View on PACER 7 Exhibit Pl. Ex. 63a View on PACER 8 Exhibit Pl. Ex. 63 b View on PACER 9 Exhibit Pl. Ex. 63c View on PACER	March 17, 2006	March 17, 2006 PACER
80	ORDER granting (nucn pro tunc) 75 Motion for Leave to File Excess Pages . Signed by Judge Clarence Cooper on 3/21/06. (vs) (Entered: 03/21/2006)	March 21, 2006	March 21, 2006 PACER
81	ORDER granting 78 Joint Motion to Amend Scheduling Order. The Court Orders that the discovery period in this matter shall be extended to conclude 8 months from the date the Court issues its decision on plas' renewed Motion for Certification of Class Action. Signed by Judge Clarence Cooper on 3/21/06. (vs) (Entered: 03/21/2006)	March 21, 2006	March 21, 2006 PACER
82	NOTICE of TELECONFERENCE Hearing:Status Conference set for 3/28/2006 04:00 PM before Judge Clarence Cooper. (pds) (Entered: 03/22/2006)	March 22, 2006	March 22, 2006 PACER
83	First MOTION for Issuance of Letters Rogatory by Escolastico De Leon-Granados. (Attachments: # 1 Text of Proposed Order Letter Rogatory# 2 Appendix A to Pl.'s Letter Rogatory# 3 Spanish Translation of Pl.'s Letter Rogatory)(Spears, George) (Entered: 03/22/2006) 1 Text of Proposed Order Letter Rogatory View on PACER 2 Appendix A to Pl.'s Letter Rogatory View on PACER 3 Spanish Translation of Pl.'s Letter Rogatory View on PACER	March 22, 2006	March 22, 2006 PACER
85	Minute Entry for proceedings held before Judge Clarence Cooper : Status Conference held on 3/28/2006. Parties updated Court as to status of issues raised in motions to compel. Dfts to file answer to 1st Amended Cmp. (Court Reporter Amanda Lohnaas.)(vs) (Entered: 03/31/2006)	March 28, 2006	March 28, 2006 PACER
84	ANSWER to Amended Complaint by Eller and Sons Trees, Inc., Jerry Eller.(Stine, James) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 03/29/2006)	March 29, 2006	March 29, 2006 RECAP
86	MOTION for Leave to File Memorandum of Law in Surreply to Reply in Support of Plainitffs' Renewed Motion for Class Certification with Brief In Support by Eller and Sons Trees, Inc., Jerry Eller. (Stine, James) (Entered: 03/31/2006)	March 31, 2006	March 31, 2006 PACER
87	NOTICE Of Filing by Escolastico De Leon-Granados FLSA Consent to Sue Form (Attachments: # 1 Consent to Sue Form of Lauro Castillo Gonzalez)(Spears, George) (Entered: 04/04/2006) 1 Consent to Sue Form of Lauro Castillo Gonzalez View on PACER	April 4, 2006	April 4, 2006 PACER
88	NOTICE Of Filing by Escolastico De Leon-Granados (Attachments: # 1 FLSA Consent Form of Casimiro Silverio-Lopez)(Spears, George) (Entered: 04/06/2006) 1 FLSA Consent Form of Casimiro Silverio-Lopez View on PACER	April 6, 2006	April 6, 2006 PACER
89	NOTICE Of Filing by Escolastico De Leon-Granados FLSA Consent to Sue Form (Attachments: # 1 Consent to Sue Form of Santos Mendez-Gomez# 2 Order Appointing Administrator Ad Litem of Mendez-Gomez Estate)(Spears, George) (Entered: 04/12/2006) 1 Consent to Sue Form of Santos Mendez-Gomez View on PACER 2 Order Appointing Administrator Ad Litem of Mendez-Gomez Estate View on PACER	April 12, 2006	April 12, 2006 PACER
90	NOTICE Of Filing by Escolastico De Leon-Granados FLSA Consent to Sue Form (Attachments: # 1 FLSA Consent to Sue Form of Rudy Velasquez-Rivas)(Spears, George) (Entered: 04/13/2006) 1 FLSA Consent to Sue Form of Rudy Velasquez-Rivas View on PACER	April 13, 2006	April 13, 2006 PACER
91	RESPONSE in Opposition re 86 MOTION for Leave to File Memorandum of Law in Surreply to Reply in Support of Plainitffs' Renewed Motion for Class Certification filed by Escolastico De Leon-Granados. (Spears, George) (Entered: 04/13/2006)	April 13, 2006	April 13, 2006 PACER
92	NOTICE Of Filing by Escolastico De Leon-Granados Consent to Sue (Attachments: # 1)(Spears, George) (Entered: 04/13/2006)	April 13, 2006	April 13, 2006 PACER
93	MOTION for Leave to File Motion for Leave Response to Def. Ltr. with Brief In Support by Escolastico De Leon-Granados. (Attachments: # 1 Supplement Suppl. Brief Response to Def. Ltr.# 2 Exhibit Plaintiff's Exhibit 64)(Spears, George) (Entered: 07/10/2006) 1 Supplement Suppl. Brief Response to Def. Ltr. View on PACER 2 Exhibit Plaintiff's Exhibit 64 View on PACER	July 10, 2006	July 10, 2006 PACER
94	RESPONSE in Opposition re 93 MOTION for Leave to File Motion for Leave Response to Def. Ltr. filed by Eller and Sons Trees, Inc., Jerry Eller. (Stine, James) (Entered: 07/13/2006)	July 13, 2006	July 13, 2006 PACER
95	First MOTION to Compel Compliance with Subpoena Duces Tecum with Brief In Support by Escolastico De Leon-Granados. (Attachments: # 1 Brief Memorandum of Law Supporting Pl. Motion to Compel# 2 Exhibit Pl. Ex. 65# 3 Exhibit Pl. Ex. 66# 4 Exhibit Pl. Ex. 67# 5 Exhibit Pl. Ex. 68# 6 Exhibit Pl. Ex. 69)(Spears, George) (Entered: 07/20/2006) 1 Brief Memorandum of Law Supporting Pl. Motion to Compel View on PACER 2 Exhibit Pl. Ex. 65 View on PACER 3 Exhibit Pl. Ex. 66 View on PACER 4 Exhibit Pl. Ex. 67 View on PACER 5 Exhibit Pl. Ex. 68 View on PACER 6 Exhibit Pl. Ex. 69 View on PACER	July 20, 2006	July 20, 2006 RECAP
96	RESPONSE in Opposition re 95 First MOTION to Compel Compliance with Subpoena Duces Tecum filed by Eller and Sons Trees, Inc., Jerry Eller. (Stine, James) (Entered: 08/07/2006)	Aug. 7, 2006	Aug. 7, 2006 PACER
97	Notice for Leave of Absence for the following date(s): 10/18/06 - 10/22/06, by George Brian Spears. (Spears, George) (Entered: 08/24/2006)	Aug. 24, 2006	Aug. 24, 2006 PACER
98	NOTICE Of Filing by Escolastico De Leon-Granados Supplemental Authority in Support of Plaintiffs' Renewed Motion for Certification of Class Action (Attachments: # 1 Exhibit Pl. Ex. 70)(Spears, George) (Entered: 08/30/2006) 1 Exhibit Pl. Ex. 70 View on PACER	Aug. 30, 2006	Aug. 30, 2006 PACER
99	MOTION for Leave to File Response to Plaintiffs' Supplemental Authority in Support of Its Renewed Motion for Certification of Class Action with Brief In Support by Eller and Sons Trees, Inc., Jerry Eller. (Attachments: # 1Proposed Response)(Stine, James) Modified on 9/6/2006 to name attachment(vs). (Entered: 09/05/2006) 1 Proposed Response View on PACER	Sept. 5, 2006	Sept. 5, 2006 PACER
100	ORDER granting 63 Motion to Certify Class Plaintiffs' Renewed Motion for Certification of Class Action, granting 86 Motion for Leave to File Memorandum of Law in Surreply to Reply in Support of Plainitffs' Renewed Motion for Class Certification, denying 93 Motion for Leave to File Response to Def. Ltr, granting 99 Motion for Leave to File Response to Plaintiffs' Supplemental Authority in Support of Its Renewed Motion for Certification of Class Action; The Court hereby Certifies a class as to Cnt I of the First Amended Cmp, The Court hereby Certifies a sub-class as to Cnt I of the First Amended Cmp(See Order for details). The Court Appoints the Southern Poverty Law Center as class counsel. The Court Orders the parties to confer and jointly draft a proposed notice of class certification no later than Mondy, October 16, 2006. The Court will hold a telephone conference in this case on Wednesday, October 23, 2006, at 4:00 pm to discuss the notice of class certification and the Request for International Judicail Assistance. Signed by Judge Clarence Cooper on 9/28/06. (vs) (Entered: 09/29/2006)	Sept. 28, 2006	Sept. 28, 2006 PACER

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Case Details

State / Territory: Georgia

Case Type(s):

Immigration and/or the Border

Labor Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 5, 2005

Closing Date: Oct. 29, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Migrant workers who were employed by Eller and Sons Trees, Inc. at various times from June 1999 through June 2005 under the H-2B temporary farm worker program.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Eller And Sons Trees, Inc., Private Entity/Person

Case Details