Case: Luna v. Del Monte Fresh Produce

1:06-cv-02000 | U.S. District Court for the Northern District of Georgia

Filed Date: April 20, 2006

Closed Date: May 21, 2010

Clearinghouse coding complete

Case Summary

On April 20, 2006, four migrant and seasonal agricultural laborers who worked for Del Monte Fresh Produce's Georgia farms at various times during the 2003, 2004, 2005, and 2006 harvest seasons filed suit in the U.S. District Court for the Southern District of Florida, alleging violations of the Fair Labor Standards Act, 29 U.S.C. §§ 201-219 and the Migrant and Seasonal Agricultural Workers Protection Act, 29 U.S.C. §§ 1801-1871. The class action lawsuit was filed against Del Monte Fresh Product…

On April 20, 2006, four migrant and seasonal agricultural laborers who worked for Del Monte Fresh Produce's Georgia farms at various times during the 2003, 2004, 2005, and 2006 harvest seasons filed suit in the U.S. District Court for the Southern District of Florida, alleging violations of the Fair Labor Standards Act, 29 U.S.C. §§ 201-219 and the Migrant and Seasonal Agricultural Workers Protection Act, 29 U.S.C. §§ 1801-1871. The class action lawsuit was filed against Del Monte Fresh Product (Southeast) ("DMSE") and its parent company, Del Monte Fresh Product, NA ("DMNA"). Plaintiffs alleged that defendants: 1) failed to pay the promised wage rate; 2) failed to reimburse plaintiffs for costs that they incurred in order to work on defendants' farms; and 3) violated federal employment laws. Plaintiffs were represented by attorneys for the Southern Poverty Law Center.

Shortly after the suit was filed, the parties filed a joint motion to have the case transferred to the Northern District of Georgia. On June 30, 2006, the District Court (Judge Donald L. Graham) entered an order granting the motion to transfer. The case was transferred and assigned docket number 06-cv-02000-JEC in the Northern District of Georgia.

The Del Monte defendants contended that they had not employed any of the plaintiffs and therefore had no liability in the case. Del Monte maintained that the farm labor contractors who recruited plaintiffs were their true employers, not Del Monte.

In order to resolve the issue of defendants' status as plaintiffs' employer, the District Court (Julie E. Carnes) entered a bifurcated discovery schedule, with discovery first concentrating on the employer issue. Numerous discovery disputes arose, which were ultimately resolved by the Court in May 2007. Luna v. Del Monte Fresh Produce (Southeast), Inc., 2007 WL 1500269 (N.D. Ga. 2007). The main disputes centered on the proper location for depositions of class representatives who lived in Mexico and who’s immigration status made it challenging to travel to the United States. Defendants disputed that they should have to travel to Mexico for the depositions. The court found that defendants could travel to Mexico (with plaintiffs bearing the differential cost) for the deposition or depose plaintiffs by phone or video conference. By separate order, the Court, with agreement by the parties, denied without prejudice plaintiffs' motions for class and collective action certification, until the court decided the employer issue.

Following the initial discovery period, the parties filed cross-motions for summary judgment on the employment issue. On March 19, 2008, the Court dismissed plaintiffs' claims against DMNA on the grounds that the parent corporation did not employ plaintiffs, but denied summary judgment to DMSE on the FLSA and AWPA claims. Luna v. Del Monte Fresh Produce (Se.), Inc., No. 1:06-CV-2000-JEC, 2008 WL 754452 (N.D. Ga. Mar. 19, 2008). Plaintiffs filed a motion to alter the judgment and clarify the record on March 26, 2008. They asked the court to clarify that DMSE remained a defendant in the case as to all claims and asked the court to vacate the judgment with respect to DMNA.

On April 10, 2008, plaintiffs renewed their motion for class certification on behalf of two classes of workers: 1) guest-workers recruited from Mexico pursuant to the temporary agricultural work visa program, known as the "H-2A program" and 2) non-H-2A migrant and seasonal agricultural workers recruited from within the U.S. Plaintiffs also sought certification of a collective action to pursue their FLSA claims. The Court denied class certification for the first two classes but granted certification of the FLSA collective action. Luna v. Del Monte Fresh Produce (Se.), Inc., No. 1:06-CV-2000-JEC, 2009 WL 10670185 (N.D. Ga. Mar. 3, 2009). In the same order, the Court granted plaintiffs motion to alter the judgment in part and clarified that the DMSE remained a defendant, but it declined to vacate the judgment with respect to DMNA. Plaintiffs appealed the decision to not certify the class, but lost in the Eleventh Circuit Court of Appeals (Judge Charles Wilson, Judge William Pryor, and Judge Emmett Cox), which on December 3, 2009, affirmed the district court's denial of class certifications. Luna v. Del Monte Fresh Produce (SE), Inc., 354 F. App'x 422 (11th Cir. 2009).

While the appeal was pending, the parties attempted to proceed with merits discovery in the district court. Discovery stalled, however, due to a number of disputes. On December 10, 2009, the District Court granted: (1) plaintiffs' motion for leave to file their third amended complaint, (2) plaintiffs' motion for joinder to add 52 opt-ins as individual plaintiffs on Counts I and II of the complaint, and (3) the parties' joint motion for extension of time to complete discovery. The court denied: (1) plaintiffs' motion to intervene, (2) plaintiffs' motion for a protective order to limit discovery to a small sample of the opt-in plaintiffs, (3) defendants' motion to stay discovery, and (4) plaintiffs' motion for a scheduling conference. Luna v. Del Monte Fresh Produce (Se.), Inc., No. 1:06-CV-2000-JEC, 2009 WL 4801357 (N.D. Ga. Dec. 10, 2009).

On April 15, 2010, the District Court approved a confidential settlement agreement with 63 workers. The court approved of an undisclosed settlement amount to be paid to the workers as well as payment of attorneys' fees and costs. Defendants did not admit liability. The court retained jurisdiction to enforce the settlement agreement. All of plaintiffs’ claims were dismissed on the merits and with prejudice. There was no further activity on the docket. Presumably, there were no disputes over the settlement agreement and the case was closed.

Summary Authors

Dan Dalton (9/24/2007)

Carlos Torres (6/30/2013)

Jennifer Bronson (10/22/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4606946/parties/luna-v-del-monte-fresh-produce-southeast-inc/


Judge(s)

Carnes, Julie E. (Georgia)

Cox, Emmett Ripley (Alabama)

Graham, Donald L. (Florida)

Pryor, William Holcombe Jr. (Alabama)

Tidwell, George Ernest (Georgia)

Attorneys(s) for Plaintiff

Appley, Elizabeth Joan (Georgia)

Bauer, Mary C. (Virginia)

Benjamin-Gomez, Arlen S (Alabama)

Bruner, Kelley McNair (Alabama)

Dees, Morris S. Jr. (Alabama)

Judge(s)

Carnes, Julie E. (Georgia)

Cox, Emmett Ripley (Alabama)

Graham, Donald L. (Florida)

Pryor, William Holcombe Jr. (Alabama)

Tidwell, George Ernest (Georgia)

Attorneys(s) for Plaintiff

Appley, Elizabeth Joan (Georgia)

Bauer, Mary C. (Virginia)

Benjamin-Gomez, Arlen S (Alabama)

Bruner, Kelley McNair (Alabama)

Dees, Morris S. Jr. (Alabama)

Graunke, Kristi L (Alabama)

Knoepp, James Melvin (Georgia)

Schell, Gregory Scott (Florida)

Turner, Andrew Hess (Alabama)

Werner, Daniel (Georgia)

Attorneys(s) for Defendant

Bailey, Latesa K (Georgia)

Kalk, Jacqueline Elise (Minnesota)

Reese, Kelly D (Alabama)

Strawn, Bradley E (Georgia)

Wilson, Courtney Blair (Florida)

Documents in the Clearinghouse

Document

1:06-cv-21015

S.D. Florida Docket [PACER]

U.S. District Court for the Southern District of Florida

Aug. 28, 2006

Aug. 28, 2006

Docket

1:06-cv-02000

Docket [PACER]

May 21, 2010

May 21, 2010

Docket
1

1:06-cv-21015

Class Action Complaint

Luna v. Del Monte Fresh Produce (Southeast)

U.S. District Court for the Southern District of Georgia

April 20, 2006

April 20, 2006

Complaint
55

1:06-cv-02000

First Amended Complaint - Class Action

Luna v. Del Monte Fresh Produce (Southeast), Inc.

Sept. 21, 2006

Sept. 21, 2006

Complaint
144

1:06-cv-02000

Order and Opinion

Luna v. Del Monte Fresh Produce (Southeast), Inc.

2007 WL 1500269

May 18, 2007

May 18, 2007

Order/Opinion
147

1:06-cv-02000

Order

Luna v. Del Monte Fresh Produce Company, Inc

May 29, 2007

May 29, 2007

Order/Opinion
231

1:06-cv-02000

Order and Opinion

Luna v. Del Monte Fresh Produce (Southeast), Inc.

March 18, 2008

March 18, 2008

Order/Opinion
233

1:06-cv-02000

Plaintiffs' Motion to Vacate Erroneous Judgment and for Clarification and Correction of Record

Luna v. Del Monte Fresh Produce (Southeast), Inc.

March 26, 2008

March 26, 2008

Pleading / Motion / Brief
277

1:06-cv-02000

Order and Opinion

Luna v. Del Monte Fresh Produce (Southeast), Inc.

2009 WL 10670185

March 3, 2009

March 3, 2009

Order/Opinion
378

1:06-cv-02000

Third Amended Complaint

Luna v. Del Monte Fresh Produce (Southeast), Inc.

May 7, 2009

May 7, 2009

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4606946/luna-v-del-monte-fresh-produce-southeast-inc/

Last updated Aug. 12, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT filed by Hector Luna, Julian Garcia, Santos Maldonado, Bartolo Nunez. (Filed 4/20/2006 in USDC SD/FL)(adg) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 08/28/2006)

Aug. 24, 2006

Aug. 24, 2006

RECAP
20

ANSWER to Complaint by Del Monte Fresh Produce N.A., Inc. (Filed 6/15/2006 in USDC SD/FL)(adg) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 08/28/2006)

Aug. 24, 2006

Aug. 24, 2006

PACER
21

ANSWER to Complaint by Del Monte Fresh Produce (Southeast), Inc.(Filed 6/15/2006 in USDC SD/FL)(adg) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 08/28/2006)

Aug. 24, 2006

Aug. 24, 2006

PACER
31

ORDER by Judge Donald L. Graham of USDC Southern District of Florida, Miami Division TRANSFERRING action to USDC Northern District of Georgia, Atlanta Division. (Filed 7/3/2006 in USDC SD/FL) (adg) (Entered: 08/28/2006)

Aug. 24, 2006

Aug. 24, 2006

PACER
35

Certified Copy of Docket Sheet from USDC SD/FL, Miami Division (06-CV-21015)(adg) (Entered: 08/28/2006)

Aug. 24, 2006

Aug. 24, 2006

PACER
36

Case transferred in from District of Southern District of Florida; Case Number 06-CV-21015. Original file with documents numbered 1-34, certified copy of transfer order and docket sheet received. (adg) (Entered: 08/28/2006)

Aug. 24, 2006

Aug. 24, 2006

PACER
37

ORDER RECUSING Judge G. Ernest Tidwell and REASSIGNING CASE. Case reassigned to Judge Julie E. Carnes for all further proceedings. Signed by Judge G. Ernest Tidwell on 8/30/06. (jlm) (Entered: 08/31/2006)

Aug. 30, 2006

Aug. 30, 2006

PACER
38

NOTICE to parties re 37 Order Reassigning Case to Judge Julie E. Carnes. (jlm) (Entered: 08/31/2006)

Aug. 31, 2006

Aug. 31, 2006

PACER
39

Letter from Clerk of Court to Gregory Scott Schell re: Local Rule 83.1 requirement. (adg) (Entered: 09/01/2006)

Aug. 31, 2006

Aug. 31, 2006

PACER
40

Letter from Clerk of Court to Courtney Blair Wilson re: Local Rule 83.1 requirement (adg) (Entered: 09/01/2006)

Aug. 31, 2006

Aug. 31, 2006

PACER
41

NOTICE of Appearance by Kristi L. Graunke on behalf of all plaintiffs (Graunke, Kristi) (Entered: 09/19/2006)

Sept. 19, 2006

Sept. 19, 2006

PACER
42

NOTICE Of Filing FLSA Consent to Sue Forms by Hector Luna Various Opt-In Plaintiffs (Graunke, Kristi) (Entered: 09/21/2006)

Sept. 21, 2006

Sept. 21, 2006

PACER
43

Unopposed MOTION to Amend 1 Complaint and Incorporated Memorandum of Law by Hector Luna. (Attachments: # 1 Exhibit First Amended Complaint# 2 Exhibit Proposed Order)(Graunke, Kristi) (Entered: 09/21/2006)

1 Exhibit First Amended Complaint

View on PACER

2 Exhibit Proposed Order

View on PACER

Sept. 21, 2006

Sept. 21, 2006

PACER
44

NOTICE of Filing Joint Statement Regarding Class Communications by Hector Luna. (Graunke, Kristi) Modified on 9/22/2006 to correct docket text (ddm). (Entered: 09/21/2006)

Sept. 21, 2006

Sept. 21, 2006

PACER
45

Notice of Substitution of Attorney Jacqueline E. Kalk for Courtney Wilson by Del Monte Fresh Produce (Southeast), Inc.. (Kalk, Jacqueline) Modified on 9/26/2006 to correct attorney e-filing (ddm). (Entered: 09/25/2006)

Sept. 25, 2006

Sept. 25, 2006

PACER
46

Notice of Substitution of Attorney Jacqueline E. Kalk for Courtney Wilson by Del Monte Fresh Produce N.A., Inc.. (Kalk, Jacqueline) Modified on 9/26/2006 to correct attorney e-filing (ddm). (Entered: 09/25/2006)

Sept. 25, 2006

Sept. 25, 2006

PACER
47

Certification of Consent to Substitution of Counsel. Kristi L. Graunke replacing attorney Kelley Bruner. (Graunke, Kristi) (Entered: 09/25/2006)

Sept. 25, 2006

Sept. 25, 2006

PACER
48

Certification of Consent to Substitution of Counsel. Kristi L. Graunke replacing attorney Kelley Bruner. (Graunke, Kristi) (Entered: 09/25/2006)

Sept. 25, 2006

Sept. 25, 2006

PACER
49

Certification of Consent to Substitution of Counsel. Kristi L. Graunke replacing attorney Kelley Bruner. (Graunke, Kristi) (Entered: 09/25/2006)

Sept. 25, 2006

Sept. 25, 2006

PACER
50

Certification of Consent to Substitution of Counsel. Kristi L. Graunke replacing attorney Kelley Bruner. (Graunke, Kristi) (Entered: 09/25/2006)

Sept. 25, 2006

Sept. 25, 2006

PACER
51

Joint Certificate of Interested Persons by Del Monte Fresh Produce (Southeast), Inc., Del Monte Fresh Produce N.A., Inc., Hector Luna, Julian Garcia, Santos Maldonado, Bartolo Nunez. (Bailey, Latesa) (Entered: 09/25/2006)

Sept. 25, 2006

Sept. 25, 2006

PACER
52

Joint PRELIMINARY REPORT AND DISCOVERY SCHEDULE filed by Hector Luna. (Graunke, Kristi) (Entered: 09/25/2006)

Sept. 25, 2006

Sept. 25, 2006

PACER
53

NOTICE Of Filing FLSA Consents to Sue of Veota Khamlusa and Adolfo Gomez filed by Hector Luna. (Graunke, Kristi) Modified on 10/2/2006 to correct docket text (ddm). (Entered: 09/29/2006)

Sept. 29, 2006

Sept. 29, 2006

PACER
54

ORDER granting Plaintiffs' 43 Unopposed Motion to Amend Complaint. The First Amended Complaint attached as Exhibit 1 to the Motion shall be filed and docketed. Signed by Judge Julie E. Carnes on 10/6/06. (mas) (Entered: 10/11/2006)

Oct. 11, 2006

Oct. 11, 2006

PACER
55

First AMENDED COMPLAINT against Del Monte Fresh Produce (Southeast), Inc., Del Monte Fresh Produce N.A., Inc., filed by Fransciso Javier Lorenzo, Hector Luna, Julian Garcia, Santos G. Maldonado, Bartolo Nunez.(mas) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 10/11/2006)

Oct. 11, 2006

Oct. 11, 2006

PACER
56

ANSWER to Amended Complaint by Del Monte Fresh Produce (Southeast), Inc..(Bailey, Latesa) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 10/12/2006)

Oct. 12, 2006

Oct. 12, 2006

PACER
57

ANSWER to Amended Complaint by Del Monte Fresh Produce N.A., Inc..(Bailey, Latesa) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 10/12/2006)

Oct. 12, 2006

Oct. 12, 2006

PACER
58

NOTICE by Hector Luna Filing of Consent to Sue (Attachments: # 1 Exhibit Consent to Sue Form)(Graunke, Kristi) (Entered: 10/21/2006)

1 Exhibit Consent to Sue Form

View on PACER

Oct. 21, 2006

Oct. 21, 2006

PACER
59

NOTICE by Hector Luna Filing of Consents to Sue (Attachments: # 1 Exhibit FLSA Consent to Sue Forms)(Graunke, Kristi) (Entered: 10/24/2006)

1 Exhibit FLSA Consent to Sue Forms

View on PACER

Oct. 24, 2006

Oct. 24, 2006

PACER
60

Second MOTION to Amend Complaint with Brief In Support by Hector Luna. (Attachments: # 1 Exhibit Second Amended Complaint# 2 Text of Proposed Order Proposed Order Granting Second Motion to Amend Complaint)(Graunke, Kristi) (Entered: 10/25/2006)

1 Exhibit Second Amended Complaint

View on PACER

2 Text of Proposed Order Proposed Order Granting Second Motion to Amend Complaint

View on PACER

Oct. 25, 2006

Oct. 25, 2006

PACER
61

MOTION to Disqualify Putative Class Representatives with Brief In Support by Del Monte Fresh Produce (Southeast), Inc., Del Monte Fresh Produce N.A., Inc. (Attachments: # 1 Brief In Support of Motion to Disqualify Putative Class Representatives# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D)(Kalk, Jacqueline) Modified on 10/27/2006 to remove duplicative language (ddm). (Entered: 10/26/2006)

1 Brief In Support of Motion to Disqualify Putative Class Representatives

View on PACER

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

4 Exhibit C

View on PACER

5 Exhibit D

View on PACER

Oct. 26, 2006

Oct. 26, 2006

PACER
62

MOTION for Protective Order with Brief In Support by Hector Luna. (Attachments: # 1 Brief in Support of Plaintiffs' Motion for a Protective Order# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10)(Graunke, Kristi) (Entered: 10/30/2006)

1 Brief in Support of Plaintiffs' Motion for a Protective Order

View on PACER

2 Exhibit 1

View on PACER

3 Exhibit 2

View on PACER

4 Exhibit 3

View on PACER

5 Exhibit 4

View on PACER

6 Exhibit 5

View on PACER

7 Exhibit 6

View on PACER

8 Exhibit 7

View on PACER

9 Exhibit 8

View on PACER

10 Exhibit 9

View on PACER

11 Exhibit 10

View on PACER

Oct. 30, 2006

Oct. 30, 2006

PACER
63

ORDER directing the Clerk to STRIKE the name of Gregory Scott Schell as counsel for Plaintiffs, as he failed to comply with the 39 August 31, 2006 directive. The Court notes that Mary C. Bauer, Kelley Bruner, Kristi L. Graunke and Andrew H. Turner continue to represent the Plaintiffs. Signed by Judge Julie E. Carnes on 11/1/06. (ddm) (Entered: 11/02/2006)

Nov. 1, 2006

Nov. 1, 2006

PACER
64

RESPONSE in Opposition re 61 MOTION to Disqualify Putative Class Representatives filed by Hector Luna. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6)(Graunke, Kristi) (Entered: 11/05/2006)

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 Exhibit 6

View on PACER

Nov. 5, 2006

Nov. 5, 2006

PACER
67

APPLICATION for Admission of Andrew H. Turner Pro Hac Vice by Fransciso Javier Lorenzo, Hector Luna, Julian Garcia, Santos Maldonado, Bartolo Nunez.Filing Fee received $150, Receipt #557870. (Attachments: # 1 proposed order) (forwarded to Court for approval)(mas) (Entered: 11/09/2006)

1 proposed order

View on PACER

Nov. 6, 2006

Nov. 6, 2006

PACER
65

ORDER APPROVING re 52 Preliminary Report and Discovery Schedule filed by Hector Luna. Signed by Judge Julie E. Carnes on 10/30/06. (kb) (Entered: 11/07/2006)

Nov. 7, 2006

Nov. 7, 2006

PACER
66

SCHEDULING ORDER: Discovery ends on WEDNESDAY, 2/21/2007. Summary Judgment Motions due by TUESDAY, 3/13/2007. Proposed Consolidated Pretrial Order due by FRIDAY, 3/23/2007. Signed by Judge Julie E. Carnes on 11/6/06. (Attachments: # 1 CIVIL TRIAL INSTRUCTIONS)(kb) (Entered: 11/07/2006)

1 CIVIL TRIAL INSTRUCTIONS

View on PACER

Nov. 7, 2006

Nov. 7, 2006

PACER
68

RESPONSE in Opposition re 62 MOTION for Protective Order filed by Del Monte Fresh Produce (Southeast), Inc., Del Monte Fresh Produce N.A., Inc.. (Kalk, Jacqueline) Modified on 11/13/2006 to remove duplicative language (ddm). (Entered: 11/10/2006)

Nov. 10, 2006

Nov. 10, 2006

RECAP
69

REPLY BRIEF re 61 MOTION to Disqualify Putative Class Representatives filed by Del Monte Fresh Produce (Southeast), Inc., Del Monte Fresh Produce N.A., Inc.. (Kalk, Jacqueline) (Entered: 11/13/2006)

Nov. 13, 2006

Nov. 13, 2006

RECAP
70

NOTICE Of Filing FLSA Consent to Sue Form by Hector Luna Hope Williams (Graunke, Kristi) (Entered: 11/13/2006)

Nov. 13, 2006

Nov. 13, 2006

PACER
71

ORDER granting 67 Application for Admission Pro Hac Vice of Andrew H. Turner. Signed by Judge Julie E. Carnes on 11/15/06. (kb) (Entered: 11/15/2006)

Nov. 15, 2006

Nov. 15, 2006

PACER
72

Joint MOTION for Extension of Time Bifurcated Discovery Period re: 66 Scheduling Order, by Del Monte Fresh Produce (Southeast), Inc., Del Monte Fresh Produce N.A., Inc.. (Attachments: # 1 Exhibit Proposed Amended Scheduling Order)(Kalk, Jacqueline) (Entered: 11/16/2006)

1 Exhibit Proposed Amended Scheduling Order

View on PACER

Nov. 16, 2006

Nov. 16, 2006

PACER
74

APPLICATION for Admission of Kelly D. Reese Pro Hac Vice filed by Del Monte Fresh Produce (Southeast), Inc. Filing Fee received $150.00, Receipt #558386. (ddm) (Entered: 11/27/2006)

Nov. 20, 2006

Nov. 20, 2006

PACER
73

MOTION to Certify Class with Brief In Support by Hector Luna. (Attachments: # 1 Brief Memo of Law Supporting Pl Motion for Certification of Class Action# 2 Exhibit Pl Ex 1# 3 Exhibit Pl. Ex. 2# 4 Exhibit Pl Ex 3# 5 Exhibit Pl Ex 4# 6 Exhibit Pl Ex 5# 7 Exhibit Pl Ex 6# 8 Exhibit Pl Ex 7# 9 Exhibit Pl Ex 8# 10 Exhibit Pl Ex 9# 11 Exhibit Pl Ex 10# 12 Exhibit Pl Ex 11# 13 Exhibit Pl Ex 12# 14 Exhibit Pl Ex 13# 15 Exhibit Pl Ex 14# 16 Exhibit Pl Ex 15# 17 Exhibit Pl Ex 16# 18 Exhibit Pl Ex 17# 19 Exhibit Pl Ex 18# 20 Exhibit Pl Ex 19)(Graunke, Kristi) (Entered: 11/22/2006)

1 Brief Memo of Law Supporting Pl Motion for Certification of Class Action

View on PACER

2 Exhibit Pl Ex 1

View on PACER

3 Exhibit Pl. Ex. 2

View on PACER

4 Exhibit Pl Ex 3

View on PACER

5 Exhibit Pl Ex 4

View on PACER

6 Exhibit Pl Ex 5

View on PACER

7 Exhibit Pl Ex 6

View on PACER

8 Exhibit Pl Ex 7

View on PACER

9 Exhibit Pl Ex 8

View on PACER

10 Exhibit Pl Ex 9

View on PACER

11 Exhibit Pl Ex 10

View on PACER

12 Exhibit Pl Ex 11

View on PACER

13 Exhibit Pl Ex 12

View on PACER

14 Exhibit Pl Ex 13

View on PACER

15 Exhibit Pl Ex 14

View on PACER

16 Exhibit Pl Ex 15

View on PACER

17 Exhibit Pl Ex 16

View on PACER

18 Exhibit Pl Ex 17

View on PACER

19 Exhibit Pl Ex 18

View on PACER

20 Exhibit Pl Ex 19

View on PACER

Nov. 22, 2006

Nov. 22, 2006

PACER
75

REPLY BRIEF re 62 MOTION for Protective Order filed by Hector Luna. (Attachments: # 1 Exhibit 11# 2 Exhibit 12# 3 Exhibit 13)(Graunke, Kristi) (Entered: 11/27/2006)

1 Exhibit 11

View on PACER

2 Exhibit 12

View on PACER

3 Exhibit 13

View on PACER

Nov. 27, 2006

Nov. 27, 2006

PACER
76

MOTION for Leave to File Excess Pages by Hector Luna. (Attachments: # 1 Text of Proposed Order)(Graunke, Kristi) (Entered: 11/27/2006)

1 Text of Proposed Order

View on PACER

Nov. 27, 2006

Nov. 27, 2006

PACER
77

ORDER granting 74 Application for Admission Pro Hac Vice filed by Kelly D. Reese. Signed by Judge Julie E. Carnes on 11/27/06. (ddm) (Entered: 11/29/2006)

Nov. 29, 2006

Nov. 29, 2006

PACER
78

MOTION to Compel Plaintiffs' Compliance with Rule 26(A)(1)'s Initial Disclosure Requirements and to Compel Supplementation of Discovery Responses with Brief In Support by Del Monte Fresh Produce (Southeast), Inc., Del Monte Fresh Produce N.A., Inc.. (Kalk, Jacqueline) (Entered: 11/29/2006)

Nov. 29, 2006

Nov. 29, 2006

PACER
79

RESPONSE in Support re 78 MOTION to Compel Plaintiffs' Compliance with Rule 26(A)(1)'s Initial Disclosure Requirements and to Compel Supplementation of Discovery Responses filed by Del Monte Fresh Produce (Southeast), Inc., Del Monte Fresh Produce N.A., Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Kalk, Jacqueline) (Entered: 11/29/2006)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

Nov. 29, 2006

Nov. 29, 2006

PACER
80

AMENDED SCHEDULING ORDER: Discovery ends on 5/22/2007. Motions due by 6/11/2007. Proposed Pretrial Order due by 6/21/2007. The Court notes that this is the FINAL EXTENSION. Signed by Judge Julie E. Carnes on 11/28/06. (ddm) (Entered: 11/30/2006)

Nov. 30, 2006

Nov. 30, 2006

PACER
81

NOTICE by Del Monte Fresh Produce (Southeast), Inc., Del Monte Fresh Produce N.A., Inc. LR 5.1B Certification (Kalk, Jacqueline) (Entered: 11/30/2006)

Nov. 30, 2006

Nov. 30, 2006

PACER
82

MOTION for Extension of Time Respond to Plaintiff's Motion for Class Certification re: 73 MOTION to Certify Class with Brief In Support by Del Monte Fresh Produce (Southeast), Inc., Del Monte Fresh Produce N.A., Inc.. (Attachments: # 1 Brief Memorandum in Support of Motion for Enlargement of Time# 2 Exhibit A, B & C to Memorandum in Support of Motion for Enlargement of Time)(Kalk, Jacqueline) (Entered: 12/01/2006)

1 Brief Memorandum in Support of Motion for Enlargement of Time

View on PACER

2 Exhibit A, B & C to Memorandum in Support of Motion for Enlargement of Time

View on PACER

Dec. 1, 2006

Dec. 1, 2006

PACER
83

NOTICE of Appearance by Kristi L. Graunke on behalf of all plaintiffs (Graunke, Kristi) (Entered: 12/06/2006)

Dec. 6, 2006

Dec. 6, 2006

PACER
84

MOTION to Certify Class FLSA Collective Action with Brief In Support by Hector Luna. (Attachments: # 1 Brief Memorandum of Law in Support of Plaintiffs' Motion for Certification of a Collective Action# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11# 13 Exhibit 12# 14 Exhibit 13# 15 Exhibit 14# 16 Exhibit 15# 17 Exhibit 16# 18 Exhibit 17# 19 Exhibit 18# 20 Exhibit 19)(Graunke, Kristi) (Entered: 12/07/2006)

1 Brief Memorandum of Law in Support of Plaintiffs' Motion for Certification

View on PACER

2 Exhibit 1

View on PACER

3 Exhibit 2

View on PACER

4 Exhibit 3

View on PACER

5 Exhibit 4

View on PACER

6 Exhibit 5

View on PACER

7 Exhibit 6

View on PACER

8 Exhibit 7

View on PACER

9 Exhibit 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 Exhibit 15

View on PACER

17 Exhibit 16

View on PACER

18 Exhibit 17

View on PACER

19 Exhibit 18

View on PACER

20 Exhibit 19

View on PACER

Dec. 7, 2006

Dec. 7, 2006

PACER
85

RESPONSE in Opposition re 76 MOTION for Leave to File Excess Pages filed by Del Monte Fresh Produce (Southeast), Inc., Del Monte Fresh Produce N.A., Inc.. (Bailey, Latesa) (Entered: 12/07/2006)

Dec. 7, 2006

Dec. 7, 2006

PACER
86

NOTICE Of Filing Supplemental Affidavit by Julian Garcia re 75 Reply Brief, 62 MOTION for Protective Order (Attachments: # 1 Exhibit Second Declaration of Julian Garcia)(Graunke, Kristi) (Entered: 12/07/2006)

1 Exhibit Second Declaration of Julian Garcia

View on PACER

Dec. 7, 2006

Dec. 7, 2006

PACER
87

MOTION to Strike Bartolo Nunez's Declaration found as Exhibit #13 of the 75 Reply Brief by Del Monte Fresh Produce (Southeast), Inc., Del Monte Fresh Produce N.A., Inc. (ddm) (Entered: 12/08/2006)

Dec. 7, 2006

Dec. 7, 2006

PACER
88

NOTICE of Appearance by Elizabeth Joan Appley on behalf of all plaintiffs (Appley, Elizabeth) (Entered: 12/13/2006)

Dec. 13, 2006

Dec. 13, 2006

PACER
89

MOTION to Compel This Court For Entry Of An Order Compelling Third-Parties Letisia Rojas Salazar and Margarita Rojas Cardenas To Respond to The Rule 45 Subpoena Previously Served Upon Each Of Them with Brief In Support by Del Monte Fresh Produce (Southeast), Inc., Del Monte Fresh Produce N.A., Inc.. (Attachments: # 1 Brief In Support of Defendants' Motion to Compel# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D)(Kalk, Jacqueline) (Entered: 12/13/2006)

1 Brief In Support of Defendants' Motion to Compel

View on PACER

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

4 Exhibit C

View on PACER

5 Exhibit D

View on PACER

Dec. 13, 2006

Dec. 13, 2006

PACER
90

MOTION for Order to Disqualify Putative Class Representative Francisco Javier Lorenzo by Del Monte Fresh Produce (Southeast), Inc., Del Monte Fresh Produce N.A., Inc.. (Kalk, Jacqueline) (Entered: 12/13/2006)

Dec. 13, 2006

Dec. 13, 2006

PACER
91

RESPONSE in Support re 90 MOTION for Order to Disqualify Putative Class Representative Francisco Javier Lorenzo filed by Del Monte Fresh Produce (Southeast), Inc., Del Monte Fresh Produce N.A., Inc.. (Attachments: # 1 Exhibit A)(Kalk, Jacqueline) (Entered: 12/13/2006)

1 Exhibit A

View on PACER

Dec. 13, 2006

Dec. 13, 2006

PACER
92

MOTION for Protective Order Deferring Depositions of Non-Representative Class Members with Brief In Support by Hector Luna. (Attachments: # 1 Brief Memorandum of Law# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7)(Graunke, Kristi) (Entered: 12/13/2006)

1 Brief Memorandum of Law

View on PACER

2 Exhibit 1

View on PACER

3 Exhibit 2

View on PACER

4 Exhibit 3

View on PACER

5 Exhibit 4

View on PACER

6 Exhibit 5

View on PACER

7 Exhibit 6

View on PACER

8 Exhibit 7

View on PACER

Dec. 13, 2006

Dec. 13, 2006

PACER
93

MOTION for Extension of Time to Respond to 84 MOTION to Certify Class FLSA Collective Action by Del Monte Fresh Produce (Southeast), Inc., Del Monte Fresh Produce N.A., Inc.. (Kalk, Jacqueline) Modified on 12/19/2006 to remove duplicative language (ddm). (Entered: 12/15/2006)

Dec. 15, 2006

Dec. 15, 2006

PACER
94

RESPONSE in Support re 93 MOTION for Extension of Time to Respond to 84 MOTION to Certify Class FLSA Collective Action filed by Del Monte Fresh Produce (Southeast), Inc., Del Monte Fresh Produce N.A., Inc.. (Attachments: # 1 Exhibit A)(Kalk, Jacqueline) Modified on 12/19/2006 to remove duplicative language (ddm). (Entered: 12/15/2006)

1 Exhibit A

View on PACER

Dec. 15, 2006

Dec. 15, 2006

PACER
95

RESPONSE in Opposition re 82 MOTION for Extension of Time Respond to Plaintiff's Motion for Class Certification re: 73 MOTION to Certify Class filed by Hector Luna. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Graunke, Kristi) (Entered: 12/15/2006)

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

Dec. 15, 2006

Dec. 15, 2006

PACER
97

ORDER granting 76 Plaintiffs' Motion for Leave to File Excess Pages. Signed by Judge Julie E. Carnes on 12/13/06. (ddm) (Entered: 12/18/2006)

Dec. 15, 2006

Dec. 15, 2006

PACER
96

RESPONSE in Opposition re 78 MOTION to Compel Plaintiffs' Compliance with Rule 26(A)(1)'s Initial Disclosure Requirements and to Compel Supplementation of Discovery Responses filed by Hector Luna. (Attachments: # 1 Exhibit Pl. Ex. 1# 2 Exhibit Pl. Ex. 2# 3 Exhibit Pl. Ex. 3# 4 Exhibit Pl. Ex. 4# 5 Exhibit Pl. Ex. 5)(Graunke, Kristi) (Entered: 12/16/2006)

1 Exhibit Pl. Ex. 1

View on PACER

2 Exhibit Pl. Ex. 2

View on PACER

3 Exhibit Pl. Ex. 3

View on PACER

4 Exhibit Pl. Ex. 4

View on PACER

5 Exhibit Pl. Ex. 5

View on PACER

Dec. 16, 2006

Dec. 16, 2006

PACER
98

RESPONSE in Opposition re 87 MOTION to Strike 75 Reply Brief filed by Hector Luna. (Attachments: # 1 Text of Proposed Order)(Graunke, Kristi) (Entered: 12/19/2006)

1 Text of Proposed Order

View on PACER

Dec. 19, 2006

Dec. 19, 2006

PACER
99

Unopposed MOTION for Extension of Time File Memorandum in Opposition to Plaintiff's Motion for Protective Order Deferring Depositions of Non-Representative Class Members and for Memorandum in Reply to Plaintiffs' Response in Opposition to Defendant's Motion to Compel Compliance with Initial Disclosures Requirements and Supplementation of Discovery Responses re: 92 MOTION for Protective Order Deferring Depositions of Non-Representative Class Members, 78 MOTION to Compel Plaintiffs' Compliance with Rule 26(A)(1)'s Initial Disclosure Requirements and to Compel Supplementation of Discovery Responses by Del Monte Fresh Produce (Southeast), Inc., Del Monte Fresh Produce N.A., Inc.. (Kalk, Jacqueline) (Entered: 12/21/2006)

Dec. 21, 2006

Dec. 21, 2006

PACER
100

RESPONSE in Opposition re 90 MOTION for Order to Disqualify Putative Class Representative Francisco Javier Lorenzo filed by Hector Luna. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Graunke, Kristi) (Entered: 12/22/2006)

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

Dec. 22, 2006

Dec. 22, 2006

PACER
101

RESPONSE in Opposition re 93 MOTION for Extension of Time to Respond to Plaintiffs' Motion for Preliminary Certification of Collective Action re: 84 MOTION to Certify Class FLSA Collective Action filed by Hector Luna. (Graunke, Kristi) (Entered: 12/23/2006)

Dec. 23, 2006

Dec. 23, 2006

PACER
102

RESPONSE in Support re 82 MOTION for Extension of Time Respond to Plaintiff's Motion for Class Certification re: 73 MOTION to Certify Class filed by Del Monte Fresh Produce (Southeast), Inc., Del Monte Fresh Produce N.A., Inc.. (Kalk, Jacqueline) (Entered: 01/02/2007)

Jan. 2, 2007

Jan. 2, 2007

PACER
103

RESPONSE re 92 MOTION for Protective Order Deferring Depositions of Non-Representative Class Members filed by Del Monte Fresh Produce (Southeast), Inc., Del Monte Fresh Produce N.A., Inc.. (Kalk, Jacqueline) Modified on 1/8/2007 to remove duplicative language (ddm). (Entered: 01/05/2007)

Jan. 5, 2007

Jan. 5, 2007

PACER
104

RESPONSE re 101 Response in Opposition to Motion, filed by Del Monte Fresh Produce (Southeast), Inc., Del Monte Fresh Produce N.A., Inc.. (Kalk, Jacqueline) Modified on 1/10/2007 to remove duplicative language (ddm). (Entered: 01/08/2007)

Jan. 8, 2007

Jan. 8, 2007

PACER
105

ORDER GRANTING 99 Unopposed Motion for Extension of Time for Defendants to File a Memorandum in Opposition to Plaintiffs' 92 Motion for Protective Order Deferring Deposition of Non-Representative Class Members through Friday, January 5, 2007 and an extension through Wednesday, January 10, 2007, to file a Memorandum in Reply to Plaintiffs' Response in Opposition to Defendants' 78 Motion to Compel Compliance with Initial Disclosures Requirements. The Court also TEMPORARILY GRANTS 93 Defendants' Motion for Enlargement of Time to Respond to Plaintiffs' Motion for Preliminary Certification of Collective Action and 82 Defendants' Motion for Enlargement of Time to Respond to Plaintiff's Motion for Class Certification. Plaintiffs' 60 Second Motion for Leave of Court to File First Amended Complaint is GRANTED as unopposed. Signed by Judge Julie E. Carnes on 1/8/07. (ddm) (Entered: 01/09/2007)

Jan. 8, 2007

Jan. 8, 2007

PACER
106

SECOND AMENDED COMPLAINT against Del Monte Fresh Produce (Southeast), Inc., Del Monte Fresh Produce N.A., Inc., filed by Hector Luna, Julian Garcia, Fransciso Javier Lorenzo, Santos G. Maldonado, Patricia Woodard, Bartolo Nunez.(ddm) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 01/09/2007)

Jan. 8, 2007

Jan. 8, 2007

PACER
107

RESPONSE in Support re 90 MOTION for Order to Disqualify Putative Class Representative Francisco Javier Lorenzo Defendants' Reply Memorandum in Further Support of Their Motion to Disqualify Putative Class Representative Francisco Javier Lorenzo filed by Del Monte Fresh Produce (Southeast), Inc., Del Monte Fresh Produce N.A., Inc.. (Kalk, Jacqueline) (Entered: 01/09/2007)

Jan. 9, 2007

Jan. 9, 2007

PACER
108

REPLY BRIEF re 78 MOTION to Compel Plaintiffs' Compliance with Rule 26(A)(1)'s Initial Disclosure Requirements and to Compel Supplementation of Discovery Responses filed by Del Monte Fresh Produce (Southeast), Inc., Del Monte Fresh Produce N.A., Inc.. (Attachments: # 1 Exhibit A)(Kalk, Jacqueline) (Entered: 01/10/2007)

1 Exhibit A

View on PACER

Jan. 10, 2007

Jan. 10, 2007

PACER
109

NOTICE Of Filing Consent to Sue by Hector Luna Sandreka Madison (Graunke, Kristi) (Entered: 01/11/2007)

Jan. 11, 2007

Jan. 11, 2007

PACER
110

REPLY BRIEF re 92 MOTION for Protective Order Deferring Depositions of Non-Representative Class Members filed by Hector Luna. (Graunke, Kristi) (Entered: 01/13/2007)

Jan. 13, 2007

Jan. 13, 2007

PACER
111

MOTION for Leave to File Memorandum of Law in Surreply to Rec. Doc. 108 Defendants' Reply Memorandum in Further Support of Motion to Compel Plaintiffs' Compliance With Rule 26(a)(1)'s Initial Disclosure Requirements And Compel Supplementation of Discovery Responses with Brief In Support by Hector Luna, Julian Garcia, Francisco Havier Lorenzo, Santos G. Maldonado, Bartolo Nunez, Patricia Woodward. (Attachments: # 1 Text of Proposed Order # 2 Brief Memorandum of Law in Surreply to Rec. Doc. 108# 3 Exhibit Ex 1# 4 Exhibit Ex. 2)(Graunke, Kristi) Modified on 1/19/2007 to include all filers (hfm). (Entered: 01/18/2007)

1 Text of Proposed Order

View on PACER

2 Brief Memorandum of Law in Surreply to Rec. Doc. 108

View on PACER

3 Exhibit Ex 1

View on PACER

4 Exhibit Ex. 2

View on PACER

Jan. 18, 2007

Jan. 18, 2007

PACER
112

ANSWER to Second Amended Complaint by Del Monte Fresh Produce (Southeast), Inc..(Strawn, Bradley) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 1/24/2007 to remove duplicative language (ddm). (Entered: 01/22/2007)

Jan. 22, 2007

Jan. 22, 2007

PACER
113

ANSWER to Second Amended Complaint by Del Monte Fresh Produce N.A., Inc..(Strawn, Bradley) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 1/24/2007 to remove duplicative language (ddm). (Entered: 01/22/2007)

Jan. 22, 2007

Jan. 22, 2007

PACER
114

NOTICE Of Filing FLSA Consent to Sue by Hector Luna Rosa Arias (Graunke, Kristi) (Entered: 02/02/2007)

Feb. 2, 2007

Feb. 2, 2007

PACER
115

APPLICATION for Admission of Arlen S. Benjamin-Gomez Pro Hac Vice filed by by Fransciso Javier Lorenzo, Santos G. Maldonado, Patricia Woodard, Hector Luna, Julian Garcia, Bartolo Nunez. Filing Fee received $150.00, Receipt #561312. (ddm) (Entered: 02/13/2007)

Feb. 7, 2007

Feb. 7, 2007

PACER
116

ORDER granting 115 Application for Admission Pro Hac Vice of Arlen S. Benjamin-Gomez. Signed by Judge Julie E. Carnes on 02/27/07. (kb) (Entered: 02/28/2007)

Feb. 28, 2007

Feb. 28, 2007

PACER
117

MOTION for Leave to File Pro Hac Vice Application of Matthew G. Laflinby Del Monte Fresh Produce (Southeast), Inc., Del Monte Fresh Produce N.A., Inc. (Attachments: # 1 Exhibit 1)(ddm) (Entered: 03/07/2007)

1 Exhibit 1

View on PACER

March 5, 2007

March 5, 2007

PACER
118

First MOTION to Compel Production of Documents with Brief In Support by Hector Luna. (Attachments: # 1 Brief Memorandum of Law# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11# 13 Exhibit 12# 14 Exhibit 13# 15 Exhibit 14# 16 Exhibit 15)(Graunke, Kristi) (Entered: 03/09/2007)

1 Brief Memorandum of Law

View on PACER

2 Exhibit 1

View on PACER

3 Exhibit 2

View on PACER

4 Exhibit 3

View on PACER

5 Exhibit 4

View on PACER

6 Exhibit 5

View on PACER

7 Exhibit 6

View on PACER

8 Exhibit 7

View on PACER

9 Exhibit 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 Exhibit 15

View on PACER

March 9, 2007

March 9, 2007

PACER
119

First MOTION to Compel Responses to Interrogatories with Brief In Support by Hector Luna. (Attachments: # 1 Brief Memorandum of Law# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7)(Graunke, Kristi) (Entered: 03/09/2007)

1 Brief Memorandum of Law

View on PACER

2 Exhibit 1

View on PACER

3 Exhibit 2

View on PACER

4 Exhibit 3

View on PACER

5 Exhibit 4

View on PACER

6 Exhibit 5

View on PACER

7 Exhibit 6

View on PACER

8 Exhibit 7

View on PACER

March 9, 2007

March 9, 2007

PACER
122

Mail Returned as Undeliverable. Mail sent to Kelly D. Reese regarding 116 Order on Application for Admission PHV for Arlen S. Benjamin-Gomez returned via USPS stating "Return to Sender". (Entered: 03/14/2007)

March 12, 2007

March 12, 2007

PACER
120

CERTIFICATE OF SERVICE of Discovery by Del Monte Fresh Produce (Southeast), Inc., Del Monte Fresh Produce N.A., Inc..(Kalk, Jacqueline) (Entered: 03/14/2007)

March 14, 2007

March 14, 2007

PACER
121

ORDER denying 117 Attorney Matthew G. Laflin's Motion for Leave to File Application to Appear Pro Hac Vice, as he does not meet the current residency requirements, set out by Local Rule 83.1(B). Signed by Judge Julie E. Carnes on 3/14/07. (ddm) (Entered: 03/14/2007)

March 14, 2007

March 14, 2007

PACER
123

NOTICE Of Filing FLSA Consents to Sue by Hector Luna Roblero-Morales and Aguilar-Esteban (Graunke, Kristi) (Entered: 03/23/2007)

March 23, 2007

March 23, 2007

PACER
124

RESPONSE in Opposition re 119 First MOTION to Compel Responses to Interrogatories filed by Del Monte Fresh Produce (Southeast), Inc., Del Monte Fresh Produce N.A., Inc.. (Kalk, Jacqueline) (Entered: 03/26/2007)

March 26, 2007

March 26, 2007

PACER
125

RESPONSE in Opposition re 118 First MOTION to Compel Production of Documents filed by Del Monte Fresh Produce (Southeast), Inc., Del Monte Fresh Produce N.A., Inc.. (Attachments: # 1 Exhibit A - Plaintiff's Privilege Log# 2 Exhibit B - Stipulated Protective Order)(Strawn, Bradley) (Entered: 03/26/2007)

1 Exhibit A - Plaintiff's Privilege Log

View on PACER

2 Exhibit B - Stipulated Protective Order

View on PACER

March 26, 2007

March 26, 2007

PACER
126

MOTION for Protective Order Prohibiting Plaintiffs From Further Exceeding The Number Of Depositions Permitted Under The Federal Rules Of Civil Procedure with Brief In Support by Del Monte Fresh Produce (Southeast), Inc., Del Monte Fresh Produce N.A., Inc.. (Attachments: # 1 Brief # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C)(Kalk, Jacqueline) (Entered: 03/30/2007)

1 Brief

View on PACER

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

4 Exhibit C

View on PACER

March 30, 2007

March 30, 2007

PACER
127

CERTIFICATE OF SERVICE Objections to Notice of Deposition Pursuant to Federal Rule of Civil Procedure 30(b)(6) by Del Monte Fresh Produce N.A., Inc..(Kalk, Jacqueline) (Entered: 04/02/2007)

April 2, 2007

April 2, 2007

PACER
128

CERTIFICATE OF SERVICE Objections to Notice of Deposition Pursuant to Federal Rule of Civil Procedures 30(b)(6) by Del Monte Fresh Produce (Southeast), Inc..(Kalk, Jacqueline) (Entered: 04/02/2007)

April 2, 2007

April 2, 2007

PACER
129

Joint MOTION for Protective Order by Del Monte Fresh Produce (Southeast), Inc., Del Monte Fresh Produce N.A., Inc.. (Attachments: # 1 Exhibit 1 - Stipulated Protective Order)(Kalk, Jacqueline) (Entered: 04/03/2007)

1 Exhibit 1 - Stipulated Protective Order

View on PACER

April 3, 2007

April 3, 2007

PACER
130

RESPONSE in Opposition re 126 MOTION for Protective Order Prohibiting Plaintiffs From Further Exceeding The Number Of Depositions Permitted Under The Federal Rules Of Civil Procedure filed by Fransciso Javier Lorenzo, Santos G. Maldonado, Patricia Woodard, Hector Luna, Julian Garcia, Santos Maldonado, Bartolo Nunez. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit)(Graunke, Kristi) (Entered: 04/04/2007)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

3 Exhibit

View on PACER

April 4, 2007

April 4, 2007

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 20, 2006

Closing Date: May 21, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Seasonal migrant workers who worked for Del Monte in Georgia from 2003-2006, including 1) H-2A guest-workers recruited from Mexico; and 2) non- H-2A migrant and seasonal agricultural workers recruited from within the United States.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Del Monte Fresh Produce , Private Entity/Person

Case Details

Causes of Action:

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Immigration/Border:

Employer sanctions

Employment

Temporary foreign workers program