Case: Rosalino Perez-Benites v. Candy Brand LLC

1:07-cv-01048 | U.S. District Court for the Western District of Arkansas

Filed Date: June 7, 2007

Closed Date: 2013

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Case Summary

On June 7, 2007, attorneys with the Southern Poverty Law Center filed a class action lawsuit in the U. S. District Court for the Western District of Arkansas on behalf of about 2,700 Mexican migrant workers who entered the United States with H-2A visas and harvested and packed tomatoes and performed other agricultural work in Bradley County, Ark., from 2002 to 2007. Plaintiffs alleged that the employers violated the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq. by failing to pay …

Defendants included former employers Candy Brand, LLC, and Arkansas Tomato Shippers, LLC, and several individual supervisors. Defendants initially responded by filing a motion for more definite statement. The trial court denied that motion. Perez-Bemotes v. Candy Brand, LLC, 2007 WL 4189499 (W.D.Ark. Nov 21, 2007).

On December 9, 2007, the plaintiffs filed an amended complaint to include a statement about the grounds of jurisdiction over a class action claim. On October 13, 2008, the Court (Judge Harry F. Barnes) granted plaintiffs' conditional motion to certify a class and motion requesting information of potential class members from defendants. 2008 WL 4809105. After discovery, on March 23, 2010, the Court granted class certification for the plaintiffs, designating two classes. The first class included "all nonsupervisory workers employed by Defendants any time between 2003 and the date of judgment in this matter who were employed pursuant to H-2A temporary work visas;" and the second included "all nonsupervisory workers employed in the Defendants' packing shed operations at any time between 2003 and the date of the judgment in this matter--irrespective of visa status--who did not receive overtime pay during workweeks when they worked more than forty (40) hours." 267 F.R.D. 242. The defendants tried to appeal this decision, though permission for interlocutory appeal was denied by the U.S. Court of Appeals for the Eighth Circuit. Following class certification, the Court approved a stipulated dismissal as to defendant Dale McGinnis, though none of the other business defendants were dismissed.

On August 30, 2010, the Court dismissed individual and joint motions for summary judgment by the defendants, allowing plaintiffs more time for discovery.

The Court found that defendants were legally deemed employers for the H-2A guestworkers, and did not qualify for an exemption from paying overtime. The Court also held that defendants, in accordance with the FLSA, were required to reimburse plaintiffs for travel expenses if they brought plaintiffs' income below minimum wage, during the first work week. According to the employment contract, defendants were also required to reimburse plaintiffs for daily travel expenses and to pay plaintiffs overtime. Accordingly, on May 20, 2011, the Court denied defendants' numerous motions for summary judgment, and granted plaintiffs' motion for partial summary judgment related to violations of the FLSA and H-2A employment contracts, as well as their motion for summary judgment on the issue of employer status and liability of defendants. 2011 WL 1978414. The Court denied defendants' motion for reconsideration of the matter the next month. Following the grant of summary judgment for the plaintiffs, the Court instructed the parties to submit briefs regarding whether defendants mitigated damages by providing housing, whether defendants were liable for other expenses not presented in the motions for summary judgment, and whether plaintiffs were entitled to attorney fees pursuant to the FLSA.

A jury trial was set for January 23, 2012. Before this date, however, the parties reached a settlement agreement and the Court granted a motion for preliminary approval of a proposed class action settlement. The settlement agreement required the defendants to pay plaintiffs $1,212,500 in damages and attorney fees; it also provided terms for how to handle breach of payment and administration of the settlement agreement. Later that year, defendants breached the settlement agreement, and on September 4, 2013, the Court entered judgment against the defendants, requiring payment in the amount of $790,625 with an interest rate of 5%, with interest building from January 1, 2012 until paid. Additional attorney fees were to be calculated at the time of collection.

Summary Authors

Dan Dalton (12/7/2007)

Maurice Youkanna (7/29/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4128758/parties/perez-benites-v-candy-brand-llc/

Judge(s)

Barnes, Harry F. (Arkansas)

Attorney for Plaintiff

Benjamin-Gomez, Arlen S (Alabama)

Bowen, Martin W. (Arkansas)

Attorney for Defendant

Burnett, John L. (Arkansas)

Clark, Andrew L. Sr. (Arkansas)

Expert/Monitor/Master/Other

Judge(s)

Barnes, Harry F. (Arkansas)

Dawson, Robert Toombs (Arkansas)

Attorney for Plaintiff

Benjamin-Gomez, Arlen S (Alabama)

Bowen, Martin W. (Arkansas)

Rosenbaum, Jennifer J. (Alabama)

Tuddenham, Edward J. (New York)

Werner, Daniel (New York)

Attorney for Defendant

Burnett, John L. (Arkansas)

Clark, Andrew L. Sr. (Arkansas)

Davidson, Jerry Paul (Arkansas)

Dowden, James F. (Arkansas)

Hashem, Hani W. (Arkansas)

Knoepp, James Melvin (Georgia)

Lapointe, Michelle R. (Georgia)

Moore, Michael S. (Arkansas)

Thomas, F. Mattison (Alaska)

Young, H. Wayne Jr. (Arkansas)

Other

Davidson, Charles Darwin

Thomas, Floyd Mattison

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:07-cv-01048	Docket (PACER)	Sept. 4, 2013	Sept. 4, 2013 Docket
1-1 1:07-cv-01048	Complaint - Class Action	June 7, 2007	June 7, 2007 Complaint
32 1:07-cv-01048	Order	Nov. 21, 2007	Nov. 21, 2007 Order/Opinion 2007 WL 4189499
40 1:07-cv-01048	First Amended Complaint - Class Action	Nov. 30, 2007	Nov. 30, 2007 Complaint
66 1:07-cv-01048	Order [Certifying Collective Action]	Oct. 31, 2008	Oct. 31, 2008 Order/Opinion 2008 WL 4809105
173 1:07-cv-01048	Memorandum and Order [Certifying Class]	March 23, 2010	March 23, 2010 Order/Opinion 267 F.R.D. 242
175 1:07-cv-01048	Order [Dismissing All Claims Against Dale McGinnis]	March 31, 2010	March 31, 2010 Order/Opinion
185 1:07-cv-01048 10-08012	Mandate [Denying Permission to File Interlocutory Appeal] U.S. Court of Appeals for the Eighth Circuit	May 20, 2010	May 20, 2010 Order/Opinion
223 1:07-cv-01048	Order [Denying Motions for Summary Judgment]	Aug. 30, 2010	Aug. 30, 2010 Order/Opinion
252 1:07-cv-01048	Memorandum Opinion and Order [Granting Plaintiffs' Motions for Summary Judgment]	May 20, 2011	May 20, 2011 Order/Opinion 2011 WL 978414

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4128758/perez-benites-v-candy-brand-llc/

Last updated July 12, 2026, 6:26 a.m.

ECF Number	Description	Date	Link Date / Link
1	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)	June 7, 2007	June 7, 2007
2	NOTICE by plaintiffs of filing consents (Attachments: # 1 Exhibit Additional Consents)(cnn) (Entered: 06/07/2007)	June 7, 2007	June 7, 2007
3	MOTION to Appear Pro Hac Vice by Arlen S. Benjamin-Gomez for plaintiffs. (Attachments: # 1 Exhibit Certificate)(cnn) (Entered: 06/07/2007)	June 7, 2007	June 7, 2007
4	NOTICE by all plaintiffs (Attachments: # 1 Exhibit A)(Bowen, Martin) (Entered: 06/07/2007)	June 7, 2007	June 7, 2007
5	MOTION to Appear Pro Hac Vice by Jennifer J. Rosenbaum for plaintiffs. (Attachments: # 1 Exhibit Certificate)(cnn) (Entered: 06/07/2007)	June 7, 2007	June 7, 2007
6	MOTION to Appear Pro Hac Vice by Edward Tuddenham for plaintiffs. (Attachments: # 1 Exhibit Certificate)(cnn) (Entered: 06/07/2007)	June 7, 2007	June 7, 2007
June 7, 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)	June 7, 2007	June 7, 2007
7	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)	June 8, 2007	June 8, 2007
8	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)	June 8, 2007	June 8, 2007
9	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)	June 8, 2007	June 8, 2007
10	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)	July 5, 2007	July 5, 2007
11	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)	July 5, 2007	July 5, 2007
12	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)	July 5, 2007	July 5, 2007
13	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)	July 5, 2007	July 5, 2007
14	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)	July 5, 2007	July 5, 2007
15	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)	July 5, 2007	July 5, 2007
16	ANSWER to Complaint with Jury Demand by Candy Brand, LLC.(Moore, Michael) (Entered: 07/13/2007)	July 13, 2007	July 13, 2007
17	MOTION for More Definite Statement by Charles Searcy, Randy Clanton, Dale McGinnis, Brooks Linesby, Arkansas Tomato Shippers, LLC. (Moore, Michael) (Entered: 07/13/2007)	July 13, 2007	July 13, 2007
18	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)	July 13, 2007	July 13, 2007
19	NOTICE of Appearance by H. Wayne Young, Jr on behalf of all defendants (Young, H.) (Entered: 07/16/2007)	July 16, 2007	July 16, 2007
July 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)	July 16, 2007	July 16, 2007
20	NOTICE of Appearance by Hani W. Hashem on behalf of all defendants (Hashem, Hani) (Entered: 07/17/2007)	July 17, 2007	July 17, 2007
21	NOTICE of Appearance by Jennifer J. Rosenbaum on behalf of all plaintiffs (Rosenbaum, Jennifer) (Entered: 07/19/2007)	July 19, 2007	July 19, 2007
22	NOTICE of Appearance by Arlen S. Benjamin-Gomez on behalf of all plaintiffs (Benjamin-Gomez, Arlen) (Entered: 07/19/2007)	July 19, 2007	July 19, 2007
23	NOTICE of Appearance by Edward J. Tuddenham on behalf of all plaintiffs (Tuddenham, Edward) (Entered: 07/20/2007)	July 20, 2007	July 20, 2007
24	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)	July 23, 2007	July 23, 2007
25	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)	July 31, 2007	July 31, 2007
26	NOTICE by all plaintiffs Filing Consents to Join FLSA Collective Action (Attachments: # 1 Exhibit FLSA consent forms)(Rosenbaum, Jennifer) (Entered: 09/13/2007)	Sept. 13, 2007	Sept. 13, 2007
27	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)	Sept. 18, 2007	Sept. 18, 2007
28	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)	Sept. 19, 2007	Sept. 19, 2007
Sept. 27, 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)	Sept. 27, 2007	Sept. 27, 2007
29	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)	Oct. 9, 2007	Oct. 9, 2007
30	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)	Oct. 9, 2007	Oct. 9, 2007
31	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)	Oct. 10, 2007	Oct. 10, 2007
32	ORDER denying Defendants' 17 Motion for More Definite Statement. Signed by Honorable Harry F. Barnes on November 21, 2007. (mfr)	Nov. 21, 2007	Nov. 21, 2007 RECAP
33	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)	Nov. 30, 2007	Nov. 30, 2007
34	ANSWER to 1 Complaint, with Jury Demand by Arkansas Tomato Shippers, LLC.(Moore, Michael) (Entered: 12/03/2007)	Dec. 3, 2007	Dec. 3, 2007
35	ANSWER to 1 Complaint, with Jury Demand by Brooks Linesby.(Moore, Michael) (Entered: 12/03/2007)	Dec. 3, 2007	Dec. 3, 2007
36	ANSWER to 1 Complaint, with Jury Demand by Charles Searcy.(Moore, Michael) (Entered: 12/03/2007)	Dec. 3, 2007	Dec. 3, 2007
37	ANSWER to 1 Complaint, with Jury Demand by Randy Clanton.(Moore, Michael) (Entered: 12/03/2007)	Dec. 3, 2007	Dec. 3, 2007
38	ANSWER to 1 Complaint, with Jury Demand by Dale McGinnis.(Moore, Michael) (Entered: 12/03/2007)	Dec. 3, 2007	Dec. 3, 2007
39	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)	Dec. 5, 2007	Dec. 5, 2007
40	AMENDED COMPLAINTagainst all defendants, filed by Rosalino Perez-Benites, Luis Alberto Asencio-Vasquez, Pascual Noriega-Narvaez.(Rosenbaum, Jennifer) (Entered: 12/09/2007)	Dec. 9, 2007	Dec. 9, 2007
41	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)	Dec. 20, 2007	Dec. 20, 2007
42	MOTION to Appear Pro Hac Vice by Rosalino Perez-Benites, Luis Alberto Asencio-Vasquez, Pascual Noriega-Narvaez. (Bowen, Martin) (Entered: 03/28/2008)	March 28, 2008	March 28, 2008
43	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)	April 1, 2008	April 1, 2008
44	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)	April 3, 2008	April 3, 2008
45	MOTION for Discovery Status Conference by Rosalino Perez-Benites. (Attachments: # 1 Exhibit A)(Rosenbaum, Jennifer) (Entered: 05/02/2008)	May 2, 2008	May 2, 2008
46	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)	May 8, 2008	May 8, 2008
47	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)	May 9, 2008	May 9, 2008
48	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)	June 5, 2008	June 5, 2008
49	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)	June 25, 2008	June 25, 2008
50	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)	July 1, 2008	July 1, 2008
51	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)	July 22, 2008	July 22, 2008
52	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)	July 28, 2008	July 28, 2008
53	NOTICE of Appearance by James M. Knoepp on behalf of all plaintiffs (Knoepp, James) (Entered: 07/30/2008)	July 30, 2008	July 30, 2008
54	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)	Aug. 5, 2008	Aug. 5, 2008
55	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)	Aug. 25, 2008	Aug. 25, 2008
56	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)	Aug. 26, 2008	Aug. 26, 2008
57	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)	Sept. 2, 2008	Sept. 2, 2008
58	NOTICE by Candy Brand, LLC Notice of Filing Discovery Materials (Hashem, Hani) (Entered: 10/10/2008)	Oct. 10, 2008	Oct. 10, 2008
59	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)	Oct. 13, 2008	Oct. 13, 2008
60	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)	Oct. 13, 2008	Oct. 13, 2008
61	MOTION for Extension of Time to Complete Discovery by Randy Clanton. (Hashem, Hani) (Entered: 10/15/2008)	Oct. 15, 2008	Oct. 15, 2008
62	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)	Oct. 16, 2008	Oct. 16, 2008
63	NOTICE by Candy Brand, LLC Notice of Filing Discovery Materials (Hashem, Hani) (Entered: 10/17/2008)	Oct. 17, 2008	Oct. 17, 2008
64	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)	Oct. 20, 2008	Oct. 20, 2008
65	NOTICE by Randy Clanton of Filing Discovery Materials (Hashem, Hani) (Entered: 10/29/2008)	Oct. 29, 2008	Oct. 29, 2008
66	ORDER granting 59 Conditional Motion to Certify Class. Signed by Honorable Harry F. Barnes on October 31, 2008. (cnn)	Oct. 31, 2008	Oct. 31, 2008 RECAP
67	NOTICE by Rosalino Perez-Benites Notice of Completion of Mailing of FLSA Collective Action Notice (Knoepp, James) (Entered: 11/14/2008)	Nov. 14, 2008	Nov. 14, 2008
68	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)	Nov. 26, 2008	Nov. 26, 2008
69	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)	Nov. 26, 2008	Nov. 26, 2008
70	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)	Dec. 16, 2008	Dec. 16, 2008
71	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)	Dec. 16, 2008	Dec. 16, 2008
72	MOTION for Extension of Time to Complete Discovery by Arkansas Tomato Shippers, LLC. (Hashem, Hani) (Entered: 12/23/2008)	Dec. 23, 2008	Dec. 23, 2008
73	MOTION for Extension of Time to Complete Discovery by Candy Brand, LLC. (Hashem, Hani) (Entered: 12/23/2008)	Dec. 23, 2008	Dec. 23, 2008
74	REPLY to Response to Motion re 68 MOTION to Certify Class filed by Rosalino Perez-Benites. (Knoepp, James) (Entered: 12/23/2008)	Dec. 23, 2008	Dec. 23, 2008
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). (Entered: 12/24/2008)	Dec. 24, 2008	Dec. 24, 2008
76	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)	Dec. 24, 2008	Dec. 24, 2008
77	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)	Dec. 24, 2008	Dec. 24, 2008
78	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)	Dec. 31, 2008	Dec. 31, 2008
79	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)	Dec. 31, 2008	Dec. 31, 2008
80	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)	Jan. 5, 2009	Jan. 5, 2009
81	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)	Jan. 6, 2009	Jan. 6, 2009
82	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)	Jan. 7, 2009	Jan. 7, 2009
83	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)	Jan. 7, 2009	Jan. 7, 2009
84	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)	Jan. 7, 2009	Jan. 7, 2009
85	Amended MOTION to Quash Subpoena and Objection by McGinnis Farms, Inc.. (Hashem, Hani) (Entered: 01/08/2009)	Jan. 8, 2009	Jan. 8, 2009
86	Amended MOTION to Quash Subpoena and Objection by Randy Clanton Farms, Inc.. (Hashem, Hani) (Entered: 01/08/2009)	Jan. 8, 2009	Jan. 8, 2009
87	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)	Jan. 13, 2009	Jan. 13, 2009
88	NOTICE by Rosalino Perez-Benites of Filing Consents to Join FLSA Collective Action (Attachments: # 1 FLSA consents)(Knoepp, James) (Entered: 01/16/2009)	Jan. 16, 2009	Jan. 16, 2009
89	NOTICE by Arkansas Tomato Shippers, LLC of Filing Discovery Materials (Hashem, Hani) (Entered: 01/20/2009)	Jan. 20, 2009	Jan. 20, 2009
90	NOTICE by Arkansas Tomato Shippers, LLC of Filing Discovery Materials (Hashem, Hani) (Entered: 01/20/2009)	Jan. 20, 2009	Jan. 20, 2009
91	NOTICE by Candy Brand, LLC of Filing Discovery Responses (Hashem, Hani) (Entered: 01/20/2009)	Jan. 20, 2009	Jan. 20, 2009
92	RESPONSE in Opposition re 86 Amended MOTION to Quash Subpoena and Objection filed by Rosalino Perez-Benites. (Knoepp, James) (Entered: 01/20/2009)	Jan. 20, 2009	Jan. 20, 2009
93	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)	Jan. 20, 2009	Jan. 20, 2009
94	NOTICE by Arkansas Tomato Shippers, LLC of Filing Discover Materials (Hashem, Hani) (Entered: 01/21/2009)	Jan. 21, 2009	Jan. 21, 2009
95	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)	Jan. 26, 2009	Jan. 26, 2009
96	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)	Jan. 26, 2009	Jan. 26, 2009
97	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)	Jan. 30, 2009	Jan. 30, 2009

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Case Details

State / Territory:

Arkansas

Case Type(s):

Immigration and/or the Border

Labor Rights

Special Collection(s):

Multi-LexSum (in sample)

Private Employment Class Actions

Key Dates

Filing Date: June 7, 2007

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Class of nonsupervisory workers employed by Candy Brand LLC who are either employed based on H-2A work visas, or otherwise work in the packing shed operations without overtime pay after working over 40 hours, since 2003 until the time of judgment in this litigation.

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: Granted

Defendants

Private Entity/Person

Arkansas Tomato Shippers, LLC

Candy Brand LLC

Case Details

Causes of Action:

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

State law

Other Dockets:

Western District of Arkansas 1:07-cv-01048

U.S. Court of Appeals for the Eighth Circuit 10-08012

Available Documents:

Any published opinion

Complaint (any)

Monetary Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $1,212,500

Issues

Immigration/Border:

Employment

Temporary foreign workers program

Recommended Citation

Case Summary of Rosalino Perez-Benites v. Candy Brand LLC, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/10564/ (last updated 7/29/2014).