Case: Rosalino Perez-Benites v. Candy Brand LLC

U.S. Court of Appeals for the Eighth Circuit

COMPLAINT WITH CLASS ACTION ALLEGATIONS against Candy Brand, LLC, Arkansas Tomato Shippers, LLC, Randy Clanton, Dale McGinnis, Brooks Linesby,( Filing fee $ 350 receipt number 1000023.), filed by Rosalino Perez-Benites, Luis Alberto Asencio-Vasquez, Pascual Noriega-Narvaez. (Attachments: # 1 Exhibit Consents)(cnn) (Entered: 06/07/2007)

NOTICE by plaintiffs of filing consents (Attachments: # 1 Exhibit Additional Consents)(cnn) (Entered: 06/07/2007)

MOTION to Appear Pro Hac Vice by Arlen S. Benjamin-Gomez for plaintiffs. (Attachments: # 1 Exhibit Certificate)(cnn) (Entered: 06/07/2007)

NOTICE by all plaintiffs (Attachments: # 1 Exhibit A)(Bowen, Martin) (Entered: 06/07/2007)

MOTION to Appear Pro Hac Vice by Jennifer J. Rosenbaum for plaintiffs. (Attachments: # 1 Exhibit Certificate)(cnn) (Entered: 06/07/2007)

MOTION to Appear Pro Hac Vice by Edward Tuddenham for plaintiffs. (Attachments: # 1 Exhibit Certificate)(cnn) (Entered: 06/07/2007)

Six (6)Summons Issued as to Charles Searcy, Randy Clanton, Dale McGinnis, Brooks Linesby, Candy Brand, LLC, Arkansas Tomato Shippers, LLC and returned to attorney/plaintiff for service (cnn)

ORDER granting 3 Motion to Appear Pro Hac Vice. Arlen S. Benjamin-Gomez is directed to immediately register as a CM/ECF user if he/she has not already done so and enter his/her appearance in this matter. Signed by Judge Harry F. Barnes on June 8, 2007. (cnn) (Entered: 06/08/2007)

ORDER granting 5 Motion to Appear Pro Hac Vice. Jennifer J. Rosenbaum is directed to immediately register as a CM/ECF user if he/she has not already done so and enter his/her appearance in this matter. Signed by Judge Harry F. Barnes on June 8, 2007. (cnn) (Entered: 06/08/2007)

ORDER granting 6 Motion to Appear Pro Hac Vice. Edward Tuddenham is directed to immediately register as a CM/ECF user if he/she has not already done so and enter his/her appearance in this matter. Signed by Judge Harry F. Barnes on June 8, 2007. (cnn) (Entered: 06/08/2007)

AFFIDAVIT of Service for complaint and summons, filed by all plaintiffs. Charles Searcy served on 6/26/2007, answer due 7/16/2007. (Attachments: # 1 Exhibit A, Return of Service)(Rosenbaum, Jennifer) (Entered: 07/05/2007)

AFFIDAVIT of Service for Complaint and Summons, filed by all plaintiffs. Arkansas Tomato Shippers, LLC served on 6/26/2007, answer due 7/16/2007. (Attachments: # 1 Exhibit A, Return of Service)(Rosenbaum, Jennifer) (Entered: 07/05/2007)

AFFIDAVIT of Service for Complaint and Summons, filed by all plaintiffs. Candy Brand, LLC served on 6/26/2007, answer due 7/16/2007. (Attachments: # 1 Exhibit A, Candy Brand)(Rosenbaum, Jennifer) (Entered: 07/05/2007)

AFFIDAVIT of Service for Complaint and Summons, filed by all plaintiffs. Dale McGinnis served on 6/25/2007, answer due 7/16/2007. (Attachments: # 1 Exhibit A, Return of Service)(Rosenbaum, Jennifer) (Entered: 07/05/2007)

AFFIDAVIT of Service for Complaint and Summons, filed by all plaintiffs. Brooks Linesby served on 6/25/2007, answer due 7/16/2007. (Attachments: # 1 Exhibit A, Return of Service)(Rosenbaum, Jennifer) (Entered: 07/05/2007)

AFFIDAVIT of Service for Complaint and Summons, filed by all plaintiffs. Randy Clanton served on 6/25/2007, answer due 7/16/2007. (Attachments: # 1 Exhibit A, Return of Service)(Rosenbaum, Jennifer) (Entered: 07/05/2007)

ANSWER to Complaint with Jury Demand by Candy Brand, LLC.(Moore, Michael) (Entered: 07/13/2007)

MOTION for More Definite Statement by Charles Searcy, Randy Clanton, Dale McGinnis, Brooks Linesby, Arkansas Tomato Shippers, LLC. (Moore, Michael) (Entered: 07/13/2007)

MEMORANDUM BRIEF in Support of Motion for More Definite Statement by Charles Searcy, Randy Clanton, Dale McGinnis, Brooks Linesby, Arkansas Tomato Shippers, LLC. (Moore, Michael) (Entered: 07/13/2007)

NOTICE of Appearance by H. Wayne Young, Jr on behalf of all defendants (Young, H.) (Entered: 07/16/2007)

CLERK'S NOTICE re Multiple Attorneys Listed on Pleadings 16, 17, 18 directed to defendants lists multiple attorneys appearing for the filer. All listed attorneys re: specificically Hani Hashem and H. Wayne Young, other than the attorney signing the pleading, must enter a separate Notice of Appearance in order to receive electronic notification of future activity in the case. TEXT ONLY ENTRY, NO DOCUMENT ATTACHED (cnn)

NOTICE of Appearance by Hani W. Hashem on behalf of all defendants (Hashem, Hani) (Entered: 07/17/2007)

NOTICE of Appearance by Jennifer J. Rosenbaum on behalf of all plaintiffs (Rosenbaum, Jennifer) (Entered: 07/19/2007)

NOTICE of Appearance by Arlen S. Benjamin-Gomez on behalf of all plaintiffs (Benjamin-Gomez, Arlen) (Entered: 07/19/2007)

NOTICE of Appearance by Edward J. Tuddenham on behalf of all plaintiffs (Tuddenham, Edward) (Entered: 07/20/2007)

MEMORANDUM BRIEF in Opposition to 17 MOTION for More Definite Statement by Rosalino Perez-Benites. (Attachments: # 1 Exhibit 1, unpublished cases)(Rosenbaum, Jennifer) (Entered: 07/23/2007)

REPLY to Response to Motion re 17 MOTION for More Definite Statement filed by Randy Clanton, Dale McGinnis, Brooks Linesby, Candy Brand, LLC, Arkansas Tomato Shippers, LLC. (Young, H.) (Entered: 07/31/2007)

NOTICE by all plaintiffs Filing Consents to Join FLSA Collective Action (Attachments: # 1 Exhibit FLSA consent forms)(Rosenbaum, Jennifer) (Entered: 09/13/2007)

INITIAL SCHEDULING ORDER: Rule 26(f) Conference to be held by 11/2/2007. Rule 26(f) Meeting Report due by 11/27/2007. Jury Trial set for the week of 7/14/2008 in El Dorado -- 2nd flr before Judge Harry F. Barnes. Signed by Judge Harry F. Barnes on September 18, 2007. (rwg) (Entered: 09/18/2007)

MOTION to Withdraw as Attorney Arlen Benjamin Gomez by Rosalino Perez-Benites, Luis Alberto Asencio-Vasquez, Pascual Noriega-Narvaez. (Rosenbaum, Jennifer) (Entered: 09/19/2007)

TEXT ONLY ORDER re 27 Initial Scheduling Order - all deadlines imposed are lifted pending the Court's ruling on 17 MOTION for More Definite Statement by Charles Searcy, Randy Clanton, Dale McGinnis, Brooks Linesby, Arkansas Tomato Shippers, LLC. Signed by Judge Harry F. Barnes on September 27, 2007. (rwg)

ORDER granting 28 Motion to Withdraw attorney Arlen S. Benjamin-Gomez as one of the attorneys of record. Signed by Judge Harry F. Barnes on October 9, 2007. (cnn) (Entered: 10/09/2007)

MOTION for Extension of Time to Complete Discovery by Charles Searcy, Randy Clanton, Dale McGinnis, Brooks Linesby, Candy Brand, LLC. (Moore, Michael) (Entered: 10/09/2007)

ORDER denying 30 Motion for Extension of Time to Complete Discovery. Signed by Judge Harry F. Barnes on October 10, 2007. (rwg) (Entered: 10/10/2007)

ORDER denying Defendants' 17 Motion for More Definite Statement. Signed by Honorable Harry F. Barnes on November 21, 2007. (mfr)

Consent MOTION for Leave to File First Amended Complaint by Rosalino Perez-Benites, Luis Alberto Asencio-Vasquez, Pascual Noriega-Narvaez. (Attachments: # 1 Proposed Pleading, First Amended Complaint)(Rosenbaum, Jennifer) (Entered: 11/30/2007)

ANSWER to 1 Complaint, with Jury Demand by Arkansas Tomato Shippers, LLC.(Moore, Michael) (Entered: 12/03/2007)

ANSWER to 1 Complaint, with Jury Demand by Brooks Linesby.(Moore, Michael) (Entered: 12/03/2007)

ANSWER to 1 Complaint, with Jury Demand by Charles Searcy.(Moore, Michael) (Entered: 12/03/2007)

ANSWER to 1 Complaint, with Jury Demand by Randy Clanton.(Moore, Michael) (Entered: 12/03/2007)

ANSWER to 1 Complaint, with Jury Demand by Dale McGinnis.(Moore, Michael) (Entered: 12/03/2007)

ORDER granting 33 Motion for Leave to File amended complaint; parties given five days from entry of order to file amended complaint. Signed by Honorable Harry F. Barnes on December 5, 2007. (cnn) (Entered: 12/05/2007)

AMENDED COMPLAINTagainst all defendants, filed by Rosalino Perez-Benites, Luis Alberto Asencio-Vasquez, Pascual Noriega-Narvaez.(Rosenbaum, Jennifer) (Entered: 12/09/2007)

ANSWER to Complaint with Jury Demand Answer to First Amended Complaint by Charles Searcy, Randy Clanton, Dale McGinnis, Brooks Linesby, Candy Brand, LLC, Arkansas Tomato Shippers, LLC.(Moore, Michael) (Entered: 12/20/2007)

MOTION to Appear Pro Hac Vice by Rosalino Perez-Benites, Luis Alberto Asencio-Vasquez, Pascual Noriega-Narvaez. (Bowen, Martin) (Entered: 03/28/2008)

ORDER granting 42 Motion to Appear Pro Hac Vice. Daniel Werner is directed to immediately register as a CM/ECF user if he/she has not already done so and enter his/her appearance in this matter. Signed by Honorable Harry F. Barnes on April 1, 2008. (cnn) (Entered: 04/01/2008)

NOTICE of Appearance by Daniel Werner on behalf of Rosalino Perez-Benites, Luis Alberto Asencio-Vasquez, Pascual Noriega-Narvaez (Attachments: # 1 Certificate of Service)(Werner, Daniel) (Entered: 04/03/2008)

MOTION for Discovery Status Conference by Rosalino Perez-Benites. (Attachments: # 1 Exhibit A)(Rosenbaum, Jennifer) (Entered: 05/02/2008)

RESPONSE to Motion re 45 MOTION for Discovery Status Conference and New Scheduling Order filed by Charles Searcy, Randy Clanton, Dale McGinnis, Brooks Linesby, Arkansas Tomato Shippers, LLC. (Young, H.) (Entered: 05/08/2008)

ORDER granting and denying 45 ; the court will issue a new initial scheduling order and the request for a status conference is denied. Signed by Honorable Harry F. Barnes on May 9, 2008. (cnn) Modified on 5/12/2008 to correct signature date (cnn). (Entered: 05/09/2008)

INITIAL SCHEDULING ORDER: Rule 26(f) Conference due by 7/22/2008. Rule 26(f)Meeting Report due by 8/18/2008. Jury Trial set for the week of 5/4/2009 @ 09:00 AM in El Dorado -- 2nd flr before Honorable Harry F. Barnes. Signed by Honorable Harry F. Barnes on June 5, 2008. (rwg) (Entered: 06/05/2008)

MOTION to Withdraw as Attorney (Jennifer J. Rosenbaum) by Rosalino Perez-Benites, Luis Alberto Asencio-Vasquez, Pascual Noriega-Narvaez. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Werner, Daniel) (Entered: 06/25/2008)

ORDER granting 49 Motion to Withdraw attorney Jennifer J. Rosenbaum as one of the attorneys of record for the plaintiffs. Signed by Honorable Harry F. Barnes on July 1, 2008. (cnn) (Entered: 07/01/2008)

MOTION to Appear Pro Hac Vice for James M. Knoepp by Rosalino Perez-Benites, Luis Alberto Asencio-Vasquez, Pascual Noriega-Narvaez. (Werner, Daniel) (Entered: 07/22/2008)

ORDER granting 51 Motion to Appear Pro Hac Vice. James M Knoepp is directed to immediately register as a CM/ECF user if he/she has not already done so and enter his/her appearance in this matter. Signed by Honorable Harry F. Barnes on July 28, 2008. (cnn) (Entered: 07/28/2008)

NOTICE of Appearance by James M. Knoepp on behalf of all plaintiffs (Knoepp, James) (Entered: 07/30/2008)

JOINT REPORT of Rule 26(f) Planning Meeting by plaintiffs and defendants. (Knoepp, James) Modified on 8/6/2008 to show "joint" document (cnn). (Entered: 08/05/2008)

MOTION to Withdraw as Attorney Michael S. Moore and H. Wayne Young by Charles Searcy, Randy Clanton, Dale McGinnis, Brooks Linesby, Candy Brand, LLC, Arkansas Tomato Shippers, LLC. (Moore, Michael) (Entered: 08/25/2008)

FINAL SCHEDULING ORDER: Jury Trial set for the week of 5/4/2009 @ 09:00 AM in El Dorado -- 2nd flr before Honorable Harry F. Barnes. Signed by Honorable Harry F. Barnes on August 26, 2008. (rwg) (Entered: 08/26/2008)

ORDER granting 55 Motion to Withdraw Michael S. Moore and H. Wayne Young, Jr as attorneys of record. Signed by Honorable Harry F. Barnes on September 2, 2008. (cnn) (Entered: 09/02/2008)

NOTICE by Candy Brand, LLC Notice of Filing Discovery Materials (Hashem, Hani) (Entered: 10/10/2008)

Unopposed MOTION to Certify Class Plaintiffs' Unopposed Motion for Conditional Certification of FLSA Collective Action by Rosalino Perez-Benites. Responses due by 10/27/2008 (Attachments: # 1 Exhibit List, # 2 Plaintiffs' Exhibit 1, # 3 Plaintiffs' Exhibit 2, # 4Plaintiffs' Exhibit 3, # 5 Plaintiffs' Exhibit 4, # 6 Plaintiffs' Exhibit 5, # 7 Plaintiffs' Exhibit 6, # 8 Plaintiffs' Exhibit 7, # 9 Plaintiffs' Exhibit 8, # 10 Plaintiffs' Exhibit 9, # 11 Plaintiffs' Exhibit 10, # 12 Plaintiffs' Exhibit 11, # 13 Plaintiffs' Exhibit 12, # 14 Plaintiffs' Exhibit 13, # 15 Plaintiffs' Exhibit 14)(Knoepp, James) Modified on 10/14/2008 to delete duplicate docket text (cnn). (Entered: 10/13/2008)

MEMORANDUM BRIEF in Support of 59 Unopposed MOTION to Certify Class Plaintiffs' Unopposed Motion for Conditional Certification of FLSA Collective Action by Rosalino Perez-Benites. (Knoepp, James) (Entered: 10/13/2008)

MOTION for Extension of Time to Complete Discovery by Randy Clanton. (Hashem, Hani) (Entered: 10/15/2008)

ORDER granting 61 Motion for Extension of Time to Complete Discovery until 10/31/08. Signed by Honorable Harry F. Barnes on October 16, 2008. (cnn) (Entered: 10/16/2008)

NOTICE by Candy Brand, LLC Notice of Filing Discovery Materials (Hashem, Hani) (Entered: 10/17/2008)

RESPONSE to Motion re 59 Unopposed MOTION to Certify Class Plaintiffs' Unopposed Motion for Conditional Certification of FLSA Collective Action filed by Candy Brand, LLC. (Hashem, Hani) (Entered: 10/20/2008)

NOTICE by Randy Clanton of Filing Discovery Materials (Hashem, Hani) (Entered: 10/29/2008)

ORDER granting 59 Conditional Motion to Certify Class. Signed by Honorable Harry F. Barnes on October 31, 2008. (cnn)

NOTICE by Rosalino Perez-Benites Notice of Completion of Mailing of FLSA Collective Action Notice (Knoepp, James) (Entered: 11/14/2008)

MOTION to Certify Class by Rosalino Perez-Benites, Luis Alberto Asencio-Vasquez, Pascual Noriega-Narvaez. Responses due by 12/16/2008 (Knoepp, James) (Entered: 11/26/2008)

MEMORANDUM BRIEF in Support of 68 MOTION to Certify Class by Rosalino Perez-Benites, Luis Alberto Asencio-Vasquez, Pascual Noriega-Narvaez. (Attachments: # 1 Exhibit List, # 2 Exhibit Pls.' Ex. 1, # 3 Exhibit Pls.' Ex. 2, # 4 Exhibit Pls.' Ex. 3, # 5 Exhibit Pls.' Ex. 4, # 6 Exhibit Pls.' Ex. 5, # 7 Exhibit Pls.' Ex. 6, # 8 Exhibit Pls.' Ex. 7, # 9 Exhibit Pls.' Ex. 8, # 10 Exhibit Pls.' Ex. 9, # 11 Exhibit Pls.' Ex. 10, # 12 Exhibit Pls.' Ex. 11, # 13 Exhibit Pls.' Ex. 12, # 14 Exhibit Pls.' Ex. 13, # 15 Exhibit Pls.' Ex. 14, # 16 Exhibit Pls.' Ex. 15, # 17 Exhibit Pls.' Ex. 16, # 18 Exhibit Pls.' Ex. 17, # 19 Exhibit Pls.' Ex. 18)(Knoepp, James) (Entered: 11/26/2008)

RESPONSE to Motion re 68 MOTION to Certify Class filed by Charles Searcy, Randy Clanton, Dale McGinnis, Brooks Linesby, Candy Brand, LLC, Arkansas Tomato Shippers, LLC. (Hashem, Hani) (Entered: 12/16/2008)

BRIEF in support of Response 70 to Motion 68 Certify Class filed by Charles Searcy, Randy Clanton, Dale McGinnis, Brooks Linesby, Candy Brand, LLC, Arkansas Tomato Shippers, LLC. (Hashem, Hani) Modified on 12/17/2008 to correct document link and proper event (cnn). (Entered: 12/16/2008)

MOTION for Extension of Time to Complete Discovery by Arkansas Tomato Shippers, LLC. (Hashem, Hani) (Entered: 12/23/2008)

MOTION for Extension of Time to Complete Discovery by Candy Brand, LLC. (Hashem, Hani) (Entered: 12/23/2008)

REPLY to Response to Motion re 68 MOTION to Certify Class filed by Rosalino Perez-Benites. (Knoepp, James) (Entered: 12/23/2008)

MOTION to Quash Subpoena and Objection by Randy Clanton Farms, Inc. (Attachments: # 1 Exhibit 1)(Hashem, Hani) Modified on 12/29/2008 to correct filer (cnn). (Entered: 12/24/2008)

MOTION to Quash Subpoena and Objection by McGinnis Farms, Inc. (Attachments: # 1 Exhibit 1)(Hashem, Hani) Modified on 12/29/2008 to correct filer (cnn). (Entered: 12/24/2008)

DISREGARD *** DUPLICATE ENTRY OF 75 MOTION to Quash Subpoena and Objection by Randy Clanton Farms, Inc. (Attachments: # 1 Exhibit 1)(Hashem, Hani) Modified on 12/29/2008 to correct filer (cnn). Modified on 12/29/2008 (cnn). (Entered: 12/24/2008)

RESPONSE to Motion re 72 MOTION for Extension of Time to Complete Discovery, 73 MOTION for Extension of Time to Complete Discovery filed by Rosalino Perez-Benites. (Knoepp, James) (Entered: 12/31/2008)

NOTICE by Rosalino Perez-Benites of Filing Consents to Join FLSA Collective Action (Attachments: # 1 FLSA opt-in forms)(Knoepp, James) (Entered: 12/31/2008)

ORDER granting 72 and 73 Motion for Extension of Time to Complete Discovery until 1/20/09. Signed by Honorable Harry F. Barnes on January 5, 2009. (cnn) (Entered: 01/05/2009)

NOTICE by Rosalino Perez-Benites of Filing Consents to Join FLSA Collective Action (Attachments: # 1 FLSA opt-in forms)(Knoepp, James) (Entered: 01/06/2009)

SUPPLEMENTAL MEMORANDUM BRIEF in Support of 71 Response to Motion, 70 Response to Motion by Charles Searcy, Randy Clanton, Dale McGinnis, Brooks Linesby, Candy Brand, LLC, Arkansas Tomato Shippers, LLC. (Hashem, Hani) Modified on 1/8/2009 to edit text for clarification (cnn). (Entered: 01/07/2009)

RESPONSE in Opposition re 76 MOTION to Quash Subpoena and Objection filed by Rosalino Perez-Benites. (Attachments: # 1 Exhibit Letter from Hashem to Knoepp 12/24/08)(Knoepp, James) (Entered: 01/07/2009)

RESPONSE in Opposition re 75 MOTION to Quash Subpoena and Objection filed by Rosalino Perez-Benites. (Attachments: # 1 Exhibit Letter from Hashem to Knoepp 12/24/08)(Knoepp, James) (Entered: 01/07/2009)

Amended MOTION to Quash Subpoena and Objection by McGinnis Farms, Inc.. (Hashem, Hani) (Entered: 01/08/2009)

Amended MOTION to Quash Subpoena and Objection by Randy Clanton Farms, Inc.. (Hashem, Hani) (Entered: 01/08/2009)

NOTICE by Rosalino Perez-Benites of Filing Consents to Join FLSA Collective Action (Attachments: # 1 FLSA opt-in forms)(Knoepp, James) (Entered: 01/13/2009)

NOTICE by Rosalino Perez-Benites of Filing Consents to Join FLSA Collective Action (Attachments: # 1 FLSA consents)(Knoepp, James) (Entered: 01/16/2009)

NOTICE by Arkansas Tomato Shippers, LLC of Filing Discovery Materials (Hashem, Hani) (Entered: 01/20/2009)

NOTICE by Arkansas Tomato Shippers, LLC of Filing Discovery Materials (Hashem, Hani) (Entered: 01/20/2009)

NOTICE by Candy Brand, LLC of Filing Discovery Responses (Hashem, Hani) (Entered: 01/20/2009)

RESPONSE in Opposition re 86 Amended MOTION to Quash Subpoena and Objection filed by Rosalino Perez-Benites. (Knoepp, James) (Entered: 01/20/2009)

RESPONSE in Opposition re 85 Amended MOTION to Quash Subpoena and Objection filed by Rosalino Perez-Benites. (Attachments: # 1 Exhibit Affidavit of Service by David P. Forrest)(Knoepp, James) (Entered: 01/20/2009)

NOTICE by Arkansas Tomato Shippers, LLC of Filing Discover Materials (Hashem, Hani) (Entered: 01/21/2009)

MOTION to Continue Trial Date and Re-Set Deadlines With Request for Expedited Briefing and Emergency Telephonic Hearing by Rosalino Perez-Benites. (Knoepp, James) (Entered: 01/26/2009)

NOTICE by Rosalino Perez-Benites of Filing Consent to Join FLSA Collective Action (Attachments: # 1 FLSA Opt-in Form)(Knoepp, James) (Entered: 01/26/2009)

RESPONSE to Motion re 95 MOTION to Continue Trial Date and Re-Set Deadlines With Request for Expedited Briefing and Emergency Telephonic Hearing filed by Charles Searcy, Randy Clanton, Dale McGinnis, Brooks Linesby, Candy Brand, LLC, Arkansas Tomato Shippers, LLC. (Hashem, Hani) (Entered: 01/30/2009)