Castellanos-Contreras v. Decatur Hotels

U. S. Court of Appeals for the Fifth Circuit

CASTELLANOS-CONTRERAS VS DECATUR HOTELS LLC

Castellanos-Contreras v. Decatur Hotels

U. S. Court of Appeals for the Fifth Circuit

CASTELLANOS-CONTRERAS v. DECATUR HOTELS LLC

U. S. Court of Appeals for the Fifth Circuit

Southern Poverty Law Center

National Immigration Law Center

COMPLAINT against Decatur Hotels, L.L.C., F Patrick Quinn, III (Filing fee $ 350.) filed by Daniel Castellanos-Contreras, Oscar Ricardo Deheza-Ortega, Rodolfo Antonio Valdez-Baez. (Attachments: # 1 Civil Cover Sheet)(dno, ) (Entered: 08/18/2006)

1 Civil Cover Sheet

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Summons Issued as to Decatur Hotels, L.L.C., F Patrick Quinn, III. (dno, ) (Entered: 08/18/2006)

NOTICE of Filing Consents to join FSLA Collective Action. (dno, ) (Entered: 08/18/2006)

EXPARTE/CONSENT MOTION by Mary Bauer to Appear Pro Hac Vice (Filing fee $5) as to Daniel Castellanos-Contreras, Oscar Ricardo Deheza-Ortega, Rodolfo Antonio Valdez-Baez. (dno, ) Additional attachment(s) added on 8/23/2006 (dno, ). (Entered: 08/23/2006)

1 Exhibit

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EXPARTE/CONSENT MOTION by Jennifer Rosenbaum to Appear Pro Hac Vice (Filing fee $5) as to Daniel Castellanos-Contreras, Oscar Ricardo Deheza-Ortega, Rodolfo Antonio Valdez-Baez. (Attachments: # 1 Exhibit)(dno, ) (Entered: 08/23/2006)

1 Exhibit

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EXPARTE/CONSENT MOTION by Andrew H. Turner to Appear Pro Hac Vice (Filing fee $5) as to Daniel Castellanos-Contreras, Oscar Ricardo Deheza-Ortega, Rodolfo Antonio Valdez-Baez. (Attachments: # 1 Exhibit)(dno, ) (Entered: 08/23/2006)

1 Exhibit

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EXPARTE/CONSENT MOTION by Melissa Crow to Appear Pro Hac Vice (Filing fee $5) as to Daniel Castellanos-Contreras, Oscar Ricardo Deheza-Ortega, Rodolfo Antonio Valdez-Baez. (Attachments: # 1 declaration)(dno, ) (Entered: 08/24/2006)

1 declaration

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ORDER granting 4 Motion by Mary Bauer to Appear Pro Hac Vice as to Daniel Castellanos-Contreras, Oscar Ricardo Deheza-Ortega, Rodolfo Antonio Valdez-Baez. Signed by Judge Eldon E. Fallon on 8/17/06. (dno, ) (Entered: 08/23/2006)

ORDER granting 5 MOTION by Jennifer Rosenbaum to Appear Pro Hac Vice as to Daniel Castellanos-Contreras, Oscar Ricardo Deheza-Ortega, Rodolfo Antonio Valdez-Baez. Signed by Judge Eldon E. Fallon on 8/17/06. (dno, ) (Entered: 08/23/2006)

ORDER granting 6 MOTION by Andrew H. Turner to Appear Pro Hac Vice as to Daniel Castellanos-Contreras, Oscar Ricardo Deheza-Ortega, Rodolfo Antonio Valdez-Baez. Signed by Judge Eldon E. Fallon on 8/17/06. (dno, ) (Entered: 08/23/2006)

ORDER granting 10 MOTION by Melissa Crow to Appear Pro Hac Vice as to Daniel Castellanos-Contreras, Oscar Ricardo Deheza-Ortega, Rodolfo Antonio Valdez-Baez. Signed by Judge Eldon E. Fallon on 8/17/06. (dno, ) (Entered: 08/24/2006)

DEFICIENT NOTICE by all plaintiffs of First Amended Complaint. (Attachments: # 1 First Amended Complaint)(Rosenbaum, Jennifer) Modified on 8/25/2006 (dno, ). (Entered: 08/24/2006)

1 First Amended Complaint

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SUMMONS Returned Executed; Decatur Hotels, L.L.C. served on 8/22/2006, answer due 9/11/2006. (dno, ) (Entered: 08/24/2006)

SUMMONS Returned Executed; F Patrick Quinn, III served on 8/23/2006, answer due 9/12/2006. (dno, ) (Entered: 08/24/2006)

NOTICE OF DEFICIENT DOCUMENT: re 12 NOTICE by all plaintiffs of First Amended Complaint. (Attachments: # 1 First Amended Complaint)(Rosenbaum, Jennifer). Reason(s) of deficiency: Two or more documents filed as one. For corrective information, see section(s) D04 on http://www.laed.uscourts.gov/cmecf/Deficiency/deficiency.htm Attention: Document must be refiled in its entirety within five (5) working days. Otherwise, it may be stricken by the court without further notice. Deficiency remedy due by 9/1/2006. NOTICE OF FILING OF AMENDED COMPLAINT IS NOT NECESSARY, NO RESPONSIVE PLEADINGS HAVE YET BEEN FILED BY DEFENDANTS, THEREFORE THE AMENDED COMPLAINT IS FILED AS A DOCUMENT ITSELF AND SHOULD NOT HAVE BEEN ATTACHED TO A NOTICE. Also, the attorney who signed the pleading must be the attorney who files the pleading. This pleading was filed electronically by one attorney, signed electronically by the "s/ signature" by another attorney and the certificate of service was electronically signed by a third attorney, and all three must match. (dno, ) (Entered: 08/25/2006)

First AMENDED COMPLAINT against all defendants filed by all plaintiffs.(Rosenbaum, Jennifer) (Entered: 08/25/2006)

NOTICE by all plaintiffs Withdrawal of FLSA Opt-ins. (Rosenbaum, Jennifer) (Entered: 08/28/2006)

EXPARTE/CONSENT MOTION for Extension of Time to Answer re 1 Complaint by Decatur Hotels, L.L.C., F Patrick Quinn, III. (dno, ) (Entered: 09/11/2006)

ORDER granting 18 Motion for Extension of Time to Answer re 1 Complaint as to Decatur Hotels, L.L.C. and F Patrick Quinn, III; answers due 10/2/2006. Signed by Judge Eldon E. Fallon on 9/6/06. (dno, ) (Entered: 09/11/2006)

NOTICE by Daniel Castellanos-Contreras Opt In Notice. (Attachments: # 1 FLSA consent forms)(Rosenbaum, Jennifer) (Entered: 09/19/2006)

1 FLSA consent forms

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NOTICE by all plaintiffs of withdrawl of FLSA opt ins. (Rosenbaum, Jennifer) (Entered: 09/19/2006)

ANSWER to Original Complaint and ANSWER to Amended Complaint by Defendants Decatur Hotels, L.L.C., F Patrick Quinn, III.(dno, ) (Entered: 10/03/2006)

NOTICE by all plaintiffs of Withdrawl of FLSA Opt-Ins. (Rosenbaum, Jennifer) Corrected image attached on 10/4/2006 (gec, ). Modified on 10/4/2006 (gec, ). (Entered: 10/03/2006)

NOTICE by all plaintiffs of FLSA Opt-In. (Attachments: # 1 Exhibit FLSA consent form)(Rosenbaum, Jennifer) Corrected image attached on 10/4/2006 (gec, ). Modified on 10/4/2006 (gec, ). (Entered: 10/03/2006)

Correction of Docket Entry by Clerk re 23 Notice, 22 Notice; District Judge and Magistrate Judge not on document. (gec, ) (Entered: 10/04/2006)

ORDERED that a Status Conference is set for 10/26/2006 01:30 PM before Judge Eldon E. Fallon. Signed by Judge Eldon E. Fallon on 10/5/06.(dno, ) (Entered: 10/05/2006)

NOTICE by all plaintiffs of withdrawal of FLSA opt ins. (Rosenbaum, Jennifer) Modified on 10/20/2006 (dno, ). (Entered: 10/19/2006)

NOTICE by all plaintiffs withdrawl of FLSA opt ins. (Rosenbaum, Jennifer) (Entered: 10/25/2006)

Minute Entry for proceedings held before Judge Eldon E. Fallon : Status Conference held on 10/26/2006. (dno, ) (Entered: 10/30/2006)

NOTICE by all plaintiffs of withdrawal of FLSA opt in. (Rosenbaum, Jennifer) (Entered: 10/27/2006)

NOTICE by all plaintiffs of filing consents to join FLSA Collective action. (Attachments: # 1 FLSA opt in form)(Rosenbaum, Jennifer) (Entered: 10/27/2006)

1 FLSA opt in form

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NOTICE by all plaintiffs of filing consents to join FLSA collective action. (Attachments: # 1 Exhibit FLSA consent form)(Rosenbaum, Jennifer) (Entered: 11/03/2006)

1 Exhibit FLSA consent form

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NOTICE by all plaintiffs of filing consents to join FLSA collective action. (Attachments: # 1 Exhibit FLSA opt in form)(Rosenbaum, Jennifer) Modified on 11/7/2006 (dno, ). (Entered: 11/06/2006)

1 Exhibit FLSA opt in form

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EXPARTE/CONSENT First MOTION to Dismiss D. Castellanos-Contreras' Retaliation Claims by all plaintiffs. (Attachments: # 1 Exhibit Agreement# 2 Proposed Order)(Rosenbaum, Jennifer) Modified on 11/14/2006 (dno, ). (Entered: 11/13/2006)

1 Exhibit Agreement

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2 Proposed Order

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Response/Reply by all plaintiffs to Expedited Motion to Quash (not yet shown on court docket). (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit # 13 Exhibit # 14 Exhibit # 15 Exhibit # 16 Exhibit # 17 Exhibit # 18 Exhibit # 19 Exhibit # 20 Exhibit # 21 Exhibit # 22 Exhibit # 23 Exhibit # 24 Exhibit)(Rosenbaum, Jennifer) (Entered: 11/13/2006)

1 Exhibit

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2 Exhibit

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24 Exhibit

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EXPARTE/CONSENT Expedited MOTION to Quash by Decatur Hotels, L.L.C., F Patrick Quinn, III. (Attachments: # 1 Memorandum in Support # 2 L.R. 37.1 certif # 3 Exhibit A-C # 4 Proposed Order)(car, ) (Entered: 11/14/2006)

1 Memorandum in Support

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2 Supplement L.R. 37.1 certif

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3 Exhibit A-C

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4 Proposed Order

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ORDER re 36 Expedited MOTION to Quash filed by F Patrick Quinn, III, Decatur Hotels, L.L.C. - see order dated 11/13/06. Signed by Judge Sally Shushan.(car, ) (Entered: 11/14/2006)

ORDER granting in part and denying in part 36 Expedited Motion to Quash . Signed by Judge Sally Shushan. (car, ) (Entered: 11/14/2006)

EXPARTE/CONSENT MOTION for Leave to File a reply to plaintiffs' opposition to defendants' expedited motion to quash 30(b)(6) deposition by Decatur Hotels, L.L.C., F Patrick Quinn, III. (dno, ) (Entered: 11/16/2006)

Correction of Docket Entry by Clerk re 34 First MOTION to Dismiss D. Castellanos-Contreras' Retaliation Claims; the Exhibit Order attachment was incorrectly described, it should have been described as a Proposed Order. (dno, ) (Entered: 11/14/2006)

EX PARTE/CONSENT First MOTION to Amend/Correct Complaint by all plaintiffs. Motion Hearing set for 12/6/2006 09:00 AM before Magistrate Judge Sally Shushan. (Attachments: # 1 Memorandum in Support # 2 Proposed Pleading # 3 Proposed Order)(Rosenbaum, Jennifer) Modified on 11/15/2006 (dno, ). Modified on 11/20/2006 (gec, ). (Entered: 11/14/2006)

1 Memorandum in Support

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2 Proposed Pleading

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3 Proposed Order

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NOTICE by all plaintiffs of filing consents to joint FLSA collective action. (Attachments: # 1 Exhibit FLSA opt in form)(Rosenbaum, Jennifer) (Entered: 11/14/2006)

1 Exhibit FLSA opt in form

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Minute Entry for proceedings held before Judge Sally Shushan : Telephone Discovery Conference held on 11/14/2006. (dmg, ) (Entered: 11/16/2006)

ORDER granting 46 MOTION for Leave to File a reply to plaintiffs' opposition to defendants' expedited motion to quash 30(b)(6) deposition. Signed by Judge Sally Shushan on 11/14/06. (dno, ) (Entered: 11/16/2006)

REPLY to Response to Motion filed by Decatur Hotels, L.L.C., F Patrick Quinn, III re 36 MOTION to Expedite MOTION to Quash. (dno, ) (Entered: 11/16/2006)

Correction of Docket Entry by Clerk re 40 First MOTION to Amend/Correct Complaint; The Proposed Order and the Proposed Amended Complaint were not properly described, these documents are not Exhibits. (dno, ) (Entered: 11/15/2006)

Minute Entry for proceedings held before Judge Sally Shushan : TelephoneDiscovery Conference held on 11/15/2006. (car, ) (Entered: 11/16/2006)

ORDER granting 34 First MOTION to Dismiss D. Castellanos-Contreras' Retaliation Claims by all plaintiffs. Signed by Judge Eldon E. Fallon on 11/15/06. (dno, ) (Entered: 11/16/2006)

ERROR: MOTION WITH MULTIPLE RELIEFS FILED AS ONE RELIEF - First MOTION to Dismiss and/or for Summary Judgment by all defendants. (Attachments: # 1 Memorandum in Support # 2 Statement of Contested/Uncontested Facts # 3 Notice of Hearing)(Ehret, Leslie) Modified on 11/17/2006 (dno, ). (Entered: 11/16/2006)

1 Memorandum in Support

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2 Statement of Contested/Uncontested Facts

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3 Notice of Hearing

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MOTION to Dismiss and/or MOTION for Summary Judgment by Decatur Hotels, L.L.C., F Patrick Quinn, III. Motion Hearing set for 12/15/2006 09:00 AM before Judge Eldon E. Fallon. (Attachments: # 1 Memorandum in Support # 2 Statement of Contested/Uncontested Facts # 3 Notice of Hearing)(dno, ) (Entered: 11/17/2006)

1 Memorandum in Support

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2 Statement of Contested/Uncontested Facts

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3 Notice of Hearing

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Correction of Docket Entry by Clerk re 49 First MOTION to Dismiss and/or for Summary Judgment; Multiple relief document filed as one relief; Document re-docketed by Clerk. (dno, ) (Entered: 11/17/2006)

**DEFICIENT** NOTICE of Hearing on Motion filed by all plaintiffs re 40 First MOTION to Amend/Correct Complaint. Motion Hearing set for 12/6/2006 09:00 AM before Magistrate Judge Sally Shushan. (Rosenbaum, Jennifer) Modified on 11/20/2006 (gec, ). (Entered: 11/20/2006)

Correction of Docket Entry by Clerk re 40 First MOTION to Amend/Correct Complaint; Incorrect Judge entered. Hearing is now set for 12/6/2006 09:00 AM before Magistrate Judge Sally Shushan. (gec, ) (Entered: 11/20/2006)

NOTICE OF DEFICIENT DOCUMENT: re 52 Notice of Hearing on Motion. Reason(s) of deficiency: Incorrect, illegible or incomplete document or improper formatting of PDF. NOTICE OF HEARING SHOULD ONLY BE FILED AS AN ATTACHMENT. DEFICIENCY TERMINATED; NO FURTHER ACTION IS NECESSARY. For corrective information, see section(s) D01 on http://www.laed.uscourts.gov/cmecf/Deficiency/deficiency.htm (gec, ) (Entered: 11/20/2006)

RESPONSE/MEMORANDUM in Opposition filed by all defendants re 40 First MOTION to Amend/Correct Complaint. (Ehret, Leslie) (Entered: 11/20/2006)

NOTICE by all plaintiffs of FLSA opt in. (Attachments: # 1 Exhibit)(Rosenbaum, Jennifer) (Entered: 11/27/2006)

1 Exhibit

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MOTION for Leave to File Pls.' Reply to Defs.' Mem. in Opp. to Pls.' Mot. for Leave to File Second Am. Compl. by all plaintiffs. Motion(s) referred to Sally Shushan. (Attachments: # 1 Exhibit A., Reply# 2 Exhibit B., unpublished case# 3 Proposed Order)(Rosenbaum, Jennifer) (Entered: 12/01/2006)

1 Exhibit A., Reply

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2 Exhibit B., unpublished case

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3 Proposed Order

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ORDER granting 57 Motion for Leave to File reply re mtn for leave to file 2nd amd cmp. Signed by Judge Sally Shushan. (car, ) (Entered: 12/04/2006)

REPLY to Response to Motion filed by all plaintiffs re 40 MOTION to Amend/Correct Complaint. (Attachments: # 1 Exhibit B)(car, ) (Entered: 12/04/2006)

1 Exhibit B

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EXPARTE/CONSENT MOTION for Leave to File Sur-Reply to Plaintiffs' Motion for Leave to File Second Amended Complaint by all defendants. Motion(s) referred to Sally Shushan. (Attachments: # 1 Proposed Order # 2 Proposed Pleading Sur-Reply to Plaintiffs' Motion for Leave to File Second Amended Complaint)(Ehret, Leslie) (Entered: 12/04/2006)

1 Proposed Order

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2 Proposed Pleading Sur-Reply to Plaintiffs' Motion for Leave to File Second

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ORDER granting 60 Motion for Leave to File sur-reply. Signed by Judge Sally Shushan. (car, ) (Entered: 12/07/2006)

Sur-Reply in opp filed by Decatur Hotels, L.L.C., F Patrick Quinn, III re plas' 40 First MOTION to Amend/Correct Complaint. (car, ) (Entered: 12/07/2006)

DEFICIENT MOTION for Summary Judgment Against Defendant Decatur Hotels LLC by all plaintiffs. (Attachments: # 1 Memorandum in Support Mem. in Supp. of Pls.' Sum. J. Mot. and in Opp. to Defs. M. to Dismiss# 2 Statement of Contested/Uncontested Facts Pls.' Statement of Disputed Facts# 3 Statement of Contested/Uncontested Facts Pls. Statement of Undisputed Facts# 4 Exhibit 4A, 30(b)(6) Dep.# 5 Exhibit 4B, 30(b)(6) Dep.# 6 Exhibit 4C, 30(b)(6) Dep.# 7 Exhibit 5A, 30(b)(6) Dep.# 8 Exhibit 5(b), 30(b)(6) Dep.# 9 Exhibit 6A, Pickering Dep.# 10 Exhibit 6B, Pickering Dep.# 11 Exhibit 6C, Pickering Dep.# 12 Exhibit 6D, Pickering Dep.# 13 Unpublished Case# 14 Unpublished Case# 15 Unpublished Case# 16 Unpublished Case# 17 Exhibit Translated# 18 Affidavit # 19 Affidavit # 20 Affidavit # 21 Affidavit Affidavit# 22 unpublished case# 23 Unpublished Case# 24 Unpublished Case# 25 Unpublished Case# 26 Unpublished Case# 27 USDOL Opinion Letter# 28 USDOL opinion letter# 29 Exhibit)(Rosenbaum, Jennifer) Modified on 12/8/2006 (dno, ). (Entered: 12/07/2006)

1 Memorandum in Support Mem. in Supp. of Pls.' Sum. J. Mot. and in Opp. to De

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2 Statement of Contested/Uncontested Facts Pls.' Statement of Disputed Facts

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3 Statement of Contested/Uncontested Facts Pls. Statement of Undisputed Facts

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4 Exhibit 4A, 30(b)(6) Dep.

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5 Exhibit 4B, 30(b)(6) Dep.

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6 Exhibit 4C, 30(b)(6) Dep.

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7 Exhibit 5A, 30(b)(6) Dep.

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8 Exhibit 5(b), 30(b)(6) Dep.

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9 Exhibit 6A, Pickering Dep.

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10 Exhibit 6B, Pickering Dep.

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11 Exhibit 6C, Pickering Dep.

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12 Exhibit 6D, Pickering Dep.

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13 Unpublished Case

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14 Unpublished Case

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15 Unpublished Case

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16 Unpublished Case

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17 Exhibit Translated

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18 Affidavit

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19 Affidavit

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20 Affidavit

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21 Affidavit Affidavit

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22 unpublished case

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23 Unpublished Case

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24 Unpublished Case

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25 Unpublished Case

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26 Unpublished Case

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27 USDOL Opinion Letter

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28 USDOL opinion letter

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29 Exhibit

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DEFICIENT MOTION for Leave to File Excess Pages on Conslidated Brief in Support of Pls.' Mot. for Sum. J. and in Opp. to Defs.' Mot. to Dismiss by all plaintiffs. (Attachments: # 1 Proposed Order)(Rosenbaum, Jennifer) Modified on 12/11/2006 (dno, ). (Entered: 12/08/2006)

1 Proposed Order

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NOTICE by all plaintiffs re 63 MOTION for Summary Judgment Against Defendant Decatur Hotels LLC Notice of Filing in Compliance with Oct. 27, Scheduling Order. (Rosenbaum, Jennifer) (Entered: 12/08/2006)

MOTION for Leave to File Excess Pages by all plaintiffs. (Attachments: # 1 Proposed Pleading Proposed Order on Motion to Exceed Page Limit# 2 Pls. Mot. for Part. S.J.# 3 Pls. Mem. in Supp. of Pls. Mot. for Sum. J. (28 pages)# 4 Statement of Contested/Uncontested Facts # 5 Notice of Hearing # 6 30(b)(6) Dep. part 1# 7 Exhibit 30(b)(6) Dep. part 2# 8 Exhibit 30(b)(6) Dep. part 3# 9 Exhibit 30(b)(6) Dep. part 4# 10 30(b)(6) Dep. part 5# 11 Exhibit Pickering Dep., part 1# 12 Exhibit Pickering Dep., part 2# 13 Exhibit Pickering Dep., part 3# 14 Exhibit Pickering Dep., part 4# 15 Exhibit Unpublished Case# 16 Exhibit Unpublished Case# 17 Exhibit Unpublished Case# 18 Exhibit Unpublished Case# 19 Exhibit Unpublished Case# 20 Affidavit # 21 Affidavit # 22 Affidavit # 23 Affidavit # 24 Exhibit Unpublished Case# 25 Exhibit Unpublished Case# 26 Exhibit Unpublished Case# 27 Exhibit Unpublished Case# 28 Exhibit Unpublished Case# 29 Exhibit USDOL Opinion Letter# 30 Exhibit USDOL Opinion Letter# 31 Exhibit)(Rosenbaum, Jennifer) (Entered: 12/08/2006)

1 Proposed Pleading Proposed Order on Motion to Exceed Page Limit

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2 Pls. Mot. for Part. S.J.

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3 Pls. Mem. in Supp. of Pls. Mot. for Sum. J. (28 pages)

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4 Statement of Contested/Uncontested Facts

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5 Notice of Hearing

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6 30(b)(6) Dep. part 1

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7 Exhibit 30(b)(6) Dep. part 2

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8 Exhibit 30(b)(6) Dep. part 3

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9 Exhibit 30(b)(6) Dep. part 4

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10 30(b)(6) Dep. part 5

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11 Exhibit Pickering Dep., part 1

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12 Exhibit Pickering Dep., part 2

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13 Exhibit Pickering Dep., part 3

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14 Exhibit Pickering Dep., part 4

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15 Exhibit Unpublished Case

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16 Exhibit Unpublished Case

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17 Exhibit Unpublished Case

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18 Exhibit Unpublished Case

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19 Exhibit Unpublished Case

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20 Affidavit

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21 Affidavit

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22 Affidavit

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23 Affidavit

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24 Exhibit Unpublished Case

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25 Exhibit Unpublished Case

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26 Exhibit Unpublished Case

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27 Exhibit Unpublished Case

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28 Exhibit Unpublished Case

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29 Exhibit USDOL Opinion Letter

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30 Exhibit USDOL Opinion Letter

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31 Exhibit

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RESPONSE/MEMORANDUM in Opposition filed by all plaintiffs re 51 MOTION to Dismiss MOTION for Summary Judgment. (Attachments: # 1 Statement of Contested/Uncontested Facts)(Rosenbaum, Jennifer) (Entered: 12/08/2006)

1 Statement of Contested/Uncontested Facts

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DEFICIENT MOTION for Leave to File Brief As Amicus Curiae by Decatur Hotels, L.L.C.. (Stine, James) Modified on 12/13/2006 (dno, ). (Entered: 12/12/2006)

ORDER granting 66 Motion for Leave to File Excess Pages. Signed by Judge Eldon E. Fallon on 12/12/06. (dno, ) (Entered: 12/12/2006)

NOTICE by all plaintiffs of FLSA opt in. (Attachments: # 1 Consent Form)(Rosenbaum, Jennifer) Modified on 12/13/2006 (dno, ). (Entered: 12/12/2006)

1 Consent Form

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MOTION for Partial Summary Judgment against Decatur Hotels LLC by Daniel Castellanos-Contreras, Oscar Ricardo Deheza-Ortega, Rodolfo Antonio Valdez-Baez. Motion Hearing set for 12/14/2006 09:00 AM before Judge Eldon E. Fallon. (Attachments: # 1 Memorandum in Support # 2 Statement of Contested/Uncontested Facts # 3 Exhibit 1# 4 Exhibit 2# 5 Errata 3# 6 Exhibit 4# 7 Exhibit 5# 8 Exhibit 6# 9 Exhibit 7# 10 Exhibit 8# 11 Errata 9# 12 Exhibit 10# 13 Exhibit 11# 14 Exhibit 12# 15 Exhibit 13# 16 Exhibit 14# 17 Exhibit 15# 18 Exhibit 16# 19 Exhibit 17# 20 Exhibit 18# 21 Exhibit 19# 22 Exhibit 20# 23 Exhibit 21# 24 Exhibit # 25 Affidavit 1# 26 Affidavit 2# 27 Affidavit 3# 28 Affidavit 4# 29 Notice of Hearing)(dno, ) (Entered: 12/12/2006)

1 Memorandum in Support

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2 Statement of Contested/Uncontested Facts

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3 Exhibit 1

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4 Exhibit 2

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5 Errata 3

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6 Exhibit 4

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7 Exhibit 5

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8 Exhibit 6

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9 Exhibit 7

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10 Exhibit 8

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11 Errata 9

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12 Exhibit 10

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13 Exhibit 11

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14 Exhibit 12

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15 Exhibit 13

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16 Exhibit 14

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17 Exhibit 15

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18 Exhibit 16

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19 Exhibit 17

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20 Exhibit 18

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21 Exhibit 19

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22 Exhibit 20

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23 Exhibit 21

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24 Exhibit

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25 Affidavit 1

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26 Affidavit 2

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27 Affidavit 3

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28 Affidavit 4

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29 Notice of Hearing

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DEFICIENT Memorandum by Express Forestry Inc, Eller & Sons Trees, Inc, Superior Forestry Service, Inc. Brief of Amicus Curiae of Express Forestry, Inc. Eller & Sons Trees, Superior Forestry Service, Inc.. (Attachments: # 1 Exhibit Unpublished Decision (Attachment A))(Stine, James) Modified on 12/13/2006 (dno, ). (Entered: 12/12/2006)

1 Exhibit Unpublished Decision (Attachment A)

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EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Excess Pages by all defendants. (Attachments: # 1 Proposed Order # 2 Proposed Pleading Reply Memorandum in Support of Defendants' Motion to Dismiss and/or for Summary Judgment# 3 Exhibit 1# 4 Exhibit 2# 5 Exhibit 3# 6 Exhibit 4# 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)(Ehret, Leslie) Additional attachment(s) added on 12/13/2006 (dno, ). (Entered: 12/12/2006)

1 Proposed Order

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2 Proposed Pleading Reply Memorandum in Support of Defendants' Motion to Dism

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

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14 Exhibit 13

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15 Exhibit 14

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16 Exhibit 15

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17 Exhibit 16

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18 Exhibit 17

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19 Exhibit 5

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ERROR: DOCKETED AS SEPARATE DOCUMENT - Amendment/Supplement to Document by all defendants re 73 MOTION for Leave to File Reply Memorandum in Excess Pages Exhibit 5. (Ehret, Leslie) Modified on 12/13/2006 (dno, ). Additional attachment(s) added on 12/13/2006 (dno, ). Additional attachment(s) added on 12/13/2006 (dno, ). (Entered: 12/12/2006)

ORDER denying 40 Motion to Amend/Correct Complaint. Signed by Judge Sally Shushan on 12/12/06. (gec, ) (Entered: 12/13/2006)

Correction of Docket Entry by Clerk re 74 Amendment/Supplement to Document; Exhibit 5 to the Proposed Reply Memorandum attached to the Motion for leave to file Excess Pages was filed as a separate document; Exhibit 5 is now attached to the appropriate document, Motion for Leave to File Excess Pages, Document Number 73. (dno, ) (Entered: 12/13/2006)

Correction of Docket Entry by Clerk re 70 Notice (Other); Attachment Number 1, Consent Form was not described, please enter a description for all attachments. (dno, ) (Entered: 12/13/2006)

MOTION for Leave to File Brief as Amicus Curiae by Express Forestry Inc, Eller & Sons Trees, Inc, Superior Forestry Service, Inc.. Motion(s) referred to Sally Shushan. Motion Hearing set for 1/10/2007 09:00 AM before Judge Eldon E. Fallon. (Attachments: # 1 Memorandum in Support # 2 Proposed Order # 3 Amicus Brief)(Stine, James) Additional attachment(s) added on 12/14/2006 (dno, ). (Entered: 12/13/2006)

1 Memorandum in Support

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2 Proposed Order

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3 Amicus Brief

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4 Notice of Hearing

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ERROR: DOCKETED AS SEPARATE DOCUMENT - NOTICE of Hearing on Motion filed by Express Forestry Inc, Eller & Sons Trees, Inc, Superior Forestry Service, Inc. re 78 MOTION for Leave to File Brief as Amicus Curiae. Motion Hearing set for 1/10/2007 09:00 AM before Judge Eldon E. Fallon. (Stine, James) Additional attachment(s) added on 12/14/2006 (dno, ). Modified on 12/14/2006 (dno, ). (Entered: 12/13/2006)

Correction of Docket Entry by Clerk re 79 Notice of Hearing on Motion; filed as a separate document; Notice of Hearing is now attached to the motion for leave to file, document number 78. (dno, ) (Entered: 12/14/2006)

OBJECTIONS by all plaintiffs re 73 MOTION for Leave to File Reply Memorandum in Excess Pages to Defs.' Mischaracterization of Undisputed Facts in Defs.' Reply Mem.. (Rosenbaum, Jennifer) (Entered: 12/14/2006)

EXPARTE/CONSENT MOTION for Leave to File Defendants' Response to Plaintiffs' Objection by Decatur Hotels, L.L.C.. (Attachments: # 1 Proposed Order # 2 Proposed Pleading Defendants' Response to Plaintiffs' Objection)(Ehret, Leslie) (Entered: 12/14/2006)

1 Proposed Order

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2 Proposed Pleading Defendants' Response to Plaintiffs' Objection

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Brief of Amicus Curiae entered by Express Forestry Inc, Eller & Sons Trees, Inc, Superior Forestry Service, Inc.. (gec, ) (Entered: 12/15/2006)

ORDER granting 78 Motion for Leave to File a Brief as Amicus Curiae. Signed by Judge Eldon E. Fallon on 12/14/06. (gec, ) (Entered: 12/15/2006)

ORDER granting 73 Motion for Leave to File Reply Memorandum. Signed by Judge Eldon E. Fallon on 12/13/06. (gec, ) (Entered: 12/15/2006)

REPLY to Response to Motion filed by Decatur Hotels, L.L.C., F Patrick Quinn, III re 51 MOTION to Dismiss and/or MOTION for Summary Judgment. (gec, ) (Entered: 12/15/2006)

Minute Entry for proceedings held before Judge Eldon E. Fallon : Motion Hearing held on 12/15/2006 re 51 MOTION to Dismiss and/or MOTION for Summary Judgment filed by F Patrick Quinn, III, Decatur Hotels, L.L.C., 71 MOTION for Partial Summary Judgment filed by Rodolfo Antonio Valdez-Baez, Oscar Ricardo Deheza-Ortega, Daniel Castellanos-Contreras. Motions taken under submission (Court Reporter Cathy Pepper.) (gec, ) (Entered: 12/15/2006)

EX PARTE/CONSENT MOTION for Leave to File Pls.' Reply to Defs.' Reply to Pls.' Resp. to Defs.' Mot. to Dismiss and/or for Summary Judgment by Daniel Castellanos-Contreras. (Attachments: # 1 Proposed Order # 2 Notice of Hearing # 3 Exhibit A, Plaintiffs' Reply Brief# 4 Exhibit B# 5 Exhibit C# 6 Exhibit D)(Rosenbaum, Jennifer) Modified on 12/19/2006 (dno, ). (Entered: 12/18/2006)

1 Proposed Order

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2 Notice of Hearing

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3 Exhibit A, Plaintiffs' Reply Brief

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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Correction of Docket Entry by Clerk re 88 MOTION for Leave to File Pls.' Reply to Defs.' Reply to Pls.' Resp. to Defs.' Mot. to Dismiss and/or for Summary Judgment Motion should not have been set for hearing, hearing date of 1/3/06 has been terminated. Also, filer did not select Ex Parte/Consent, which the motion for leave to file is, that correction has been made also. (dno, ) (Entered: 12/19/2006)

ORDER granting 82 MOTION for Leave to File Defendants' Response to Plaintiffs' Objection by Decatur Hotels, L.L.C. Signed by Judge Eldon E. Fallon on 12/15/06. (dno, ) (Entered: 12/19/2006)

Response by Decatur Hotels, L.L.C., F Patrick Quinn, III to 81 Plaintiffs' Objections. (dno, ) (Entered: 12/19/2006)

ORDER granting 88 Motion for Leave to File Plaintiffs' Reply to Defendants' Reply to Plaintiffs' Response to Defendants' Motion to Dismiss and/or for Summary Judgment. Signed by Judge Eldon E. Fallon on 12/22/06. (dno, ) (Entered: 01/03/2007)

REPLY to Defendants' Reply to Plaintiffs' Response to Motion filed by Daniel Castellanos-Contreras, Oscar Ricardo Deheza-Ortega, Rodolfo Antonio Valdez-Baez re 51 MOTION to Dismiss and/or MOTION for Summary Judgment. (dno, ) (Entered: 01/03/2007)

ORDER & REASONS that the Defendants' 51 Motion to Dismiss and/or for Summary Judgment is DENIED and that the Plaintiffs' 71 Motion for Partial Summary Judgment is GRANTED IN PART AND DENIED IN PART. Signed by Judge Eldon E. Fallon on 5/15/07. (dno, ) (Entered: 05/16/2007)

MOTION to Alter Judgment 94 Order on Motion to Dismiss,, Order on Motion for Summary Judgment,, Order on Motion for Partial Summary Judgment, by Decatur Hotels, L.L.C.. Motion Hearing set for 7/11/2007 09:00 AM before Judge Eldon E. Fallon. (Attachments: # 1 Memorandum in Support # 2 Notice of Hearing)(Kovach, Ellen) (Entered: 05/29/2007)

1 Memorandum in Support

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2 Notice of Hearing

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EXPARTE/CONSENT MOTION to Expedite by Decatur Hotels, L.L.C.. (Attachments: # 1 Proposed Order)(Kovach, Ellen) (Entered: 05/29/2007)

1 Proposed Order

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Minute Entry for proceedings held before Judge Eldon E. Fallon: Status Conference was held on 5/30/2007. ORDERED that the Ex Parte 96 MOTION to Expedite filed by Decatur Hotels, L.L.C. is DENIED. FURTHER ORDERED that another Status Conference shall be held in Chambers on 6/28/2007 at 09:00 AM before Judge Eldon E. Fallon. (dno, ) (Entered: 05/31/2007)

MOTION to Certify Class for FLSA Collective Action by Daniel Castellanos-Contreras. Motion Hearing set for 7/18/2007 09:00 AM before Judge Eldon E. Fallon. (Attachments: # 1 Memorandum in Support # 2 Exhibit 2, unpublished cases# 3 Exhibit 3, unpublished cases# 4 Exhibit 4, unpublished cases# 5 Exhibit 5, unpublished cases# 6 Exhibit Proposed Notice to Class Members# 7 Notice of Hearing)(Rosenbaum, Jennifer) (Entered: 06/25/2007)

1 Memorandum in Support

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2 Exhibit 2, unpublished cases

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3 Exhibit 3, unpublished cases

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4 Exhibit 4, unpublished cases

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5 Exhibit 5, unpublished cases

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6 Exhibit Proposed Notice to Class Members

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7 Notice of Hearing

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Correction of Docket Entry by Clerk re 98 MOTION to Certify Class for FLSA Collective Action - Name of attorney who electronically filed this document does not match name of signatory attorney on pleading. The user log-in and password serve as the required signature for purposes of Rule 11 of the FRCP. No further action is necessary. (dno, ) (Entered: 06/26/2007)

ORDER that the status conference scheduled for Thursday, June 28, 2007 at 9:00 a.m. is CANCELLED. Signed by Judge Eldon E. Fallon on 6/26/07.(ala, ) (Entered: 06/27/2007)