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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

Clearinghouse coding complete

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 plaint…

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.

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 attrorneys, 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)

Restani, Jane A. (New York)

Attorneys(s) 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)

Judge(s)

Black, Susan Harrell (Florida)

Cooper, Clarence (Georgia)

Dubina, Joel Fredrick (Alabama)

Restani, Jane A. (New York)

Attorneys(s) 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)

Attorneys(s) for Defendant

Oliver, Paul (Georgia)

Stine, James Larry (Georgia)

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
101

1:05-cv-01473

Discovery Order

Sept. 28, 2006

Sept. 28, 2006

Order/Opinion

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
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

Docket

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

Last updated Dec. 3, 2022, 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

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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

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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

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2 Text of Proposed Order

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3 Text of Proposed Order

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4 Text of Proposed Order

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5 Text of Proposed Order

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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

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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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

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Errata 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Errata 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

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14 Exhibit 13

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15 Exhibit 14

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16 Errata 15

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17 Exhibit 16

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18 Exhibit 17

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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

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Exhibit 15

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16 Exhibit 16

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17 Exhibit 17

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18 Exhibit 18

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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

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2 Exhibit 1B - Spanish

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3 Exhibit 2 - Court's Notice

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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

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2 Exhibit Samuel

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3 Exhibit Nelson

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4 Exhibit Marcial

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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

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2 Exhibit Plaintiffs' Proposed Consent-to-Sue Form

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3 Affidavit Declaration of Cathleen Caron

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4 Exhibit Vergara-Perdomo v. Wendell Roberson, Inc.

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5 Exhibit Reyes v. Mongiello

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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

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2 Consent-to-Sue Form of Aureliano Rivas-Lucas

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3 Consent-to-Sue Form of Juan Aguilar-Vasquez

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4 Consent-to-Sue Form of Jose Ruiz-Rodriguez

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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

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2 Consent-to-Sue Form of Marvin Vallardo Castillo

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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

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2 Exhibit Sergio Roldan FLSA Consent to Sue

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3 Exhibit Alejandro Luis Morales FLSA Consent to Sue

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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

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2 Exhibit Plaintiffs' Exhibit 24

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3 Exhibit Plaintiffs' Exhibit 25

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4 Exhibit Plaintiffs' Exhibit 26

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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

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2 Exhibit Plaintiffs' Exhibit 17

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3 Exhibit Plaintiffs' Exhibit 24

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4 Exhibit Plaintiffs' Exhibit 25

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5 Exhibit Plaintiffs' Exhibit 26

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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

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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

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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

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2 Exhibit Plaintiffs' Exhibit 28

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3 Exhibit Plainitffs' Exhibit 29

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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

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2 Exhibit Plaintiffs' Exhibit 28

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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

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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

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2 FLSA Consent to Sue Form Rosanio Concepcion-Matias

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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

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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

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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

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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

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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

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2 Exhibit Plaintiffs' Exhibit 31

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3 Exhibit Plaintiffs' Exhibit 32a

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4 Exhibit Plaintiffs' Exhibit 32b

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5 Exhibit Plaintiffs' Exhibit 33a

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6 Exhibit Plaintiffs' Exhibit 33b1

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7 Exhibit Plaintiffs' Exhibit 33b2

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8 Exhibit Plaintiffs' Exhibit 34

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9 Exhibit Plaintiffs' Exhibit 35a

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10 Exhibit Plaintiffs' Exhibit 35b

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11 Exhibit Plaintiffs' Exhibit 35c

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12 Exhibit Plaintiffs' Exhibit 35d

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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

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2 Exhibit Plaintiffs' Exhibit 37

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3 Exhibit Plaintiffs' Exhibit 38

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4 Exhibit Plaintiffs' Exhibit 39

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5 Exhibit Plaintiffs' Exhibit 40

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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

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2 Exhibit Plaintiffs' Exhibit 42

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3 Exhibit Plaintiffs' Exhibit 43

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4 Exhibit Plaintiffs' Exhibit 44

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5 Exhibit Plaintiff's Exhibit 45

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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

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2 Exhibit Plaintiffs' Exhibit 47

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3 Exhibit Plaintiffs' Exhibit 48a1

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4 Exhibit Plaintiffs' Exhibit 48a2

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5 Exhibit Plaintiffs' Exhibit 48a3

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6 Exhibit Plaintiffs' Exhibit 48a4

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7 Exhibit Plaintiffs' Exhibit 48a5

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8 Exhibit Plaintiffs' Exhibit 48b1

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9 Exhibit Plaintiffs' Exhibit 48b2

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10 Exhibit Plaintiffs' Exhibit 48b3

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11 Exhibit Plaintiffs' Exhibit 48b4

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12 Exhibit Plaintiffs' Exhibit 48b5

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13 Exhibit Plaintiffs' Exhibit 48b6

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14 Exhibit Plaintiffs' Exhibit 48b7

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15 Exhibit Plaintiffs' Exhibit 49

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16 Exhibit Plaintiffs' Exhibit 50

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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

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2 Exhibit Plaintiffs' Exhibit 52

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3 Exhibit Plaintiffs' Exhibit 53

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4 Exhibit Plaintiffs' Exhibit 54

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5 Exhibit Plaintiffs' Exhibit 55

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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

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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

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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

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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

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 eller and sons depo.

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7 Oziel Matias depo.

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8 Margarito Villatoro depo.

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9 Escolastico De Leon Granados depo.

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10 Armenio Pablo-Calmo

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11 Isaias Granados depo.

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12 Ogler Recinos depo.

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13 Edy Garcia depo.

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14 Argelio Villatoro depo.

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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

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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

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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

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2 Exhibit Pl. Ex. 58

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3 Exhibit Pl. Ex. 59

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4 Exhibit Pl. Ex. 60

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5 Exhibit Pl. Ex. 61

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6 Exhibit Pl. Ex. 62

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7 Exhibit Pl. Ex. 63a

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8 Exhibit Pl. Ex. 63 b

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9 Exhibit Pl. Ex. 63c

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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

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2 Appendix A to Pl.'s Letter Rogatory

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3 Spanish Translation of Pl.'s Letter Rogatory

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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

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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

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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

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2 Order Appointing Administrator Ad Litem of Mendez-Gomez Estate

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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

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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.

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2 Exhibit Plaintiff's Exhibit 64

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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

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2 Exhibit Pl. Ex. 65

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3 Exhibit Pl. Ex. 66

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4 Exhibit Pl. Ex. 67

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5 Exhibit Pl. Ex. 68

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6 Exhibit Pl. Ex. 69

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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

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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

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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

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

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)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Litigation

Amount Defendant Pays: $11,800,000

Issues

Immigration/Border:

Employer sanctions

Employment

Temporary foreign workers program