Case: Xavier v. Belfor USA Group Inc.

2:06-cv-00491 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Feb. 1, 2006

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On February 1, 2006, attorneys with the Immigrant Justice Project of the Southern Poverty Law Center and the Juvenile Justice Project of Louisiana filed a class action lawsuit in the U. S. District Court for the Eastern District of Louisiana on behalf of over 1000 workers employed by Belfor USA Group, Inc., a major natural disaster reconstruction firm that provided rebuilding services in New Orleans and the Gulf Coast after Hurricane Katrina. Plaintiffs alleged that Defendant and its subcontrac…

On February 1, 2006, attorneys with the Immigrant Justice Project of the Southern Poverty Law Center and the Juvenile Justice Project of Louisiana filed a class action lawsuit in the U. S. District Court for the Eastern District of Louisiana on behalf of over 1000 workers employed by Belfor USA Group, Inc., a major natural disaster reconstruction firm that provided rebuilding services in New Orleans and the Gulf Coast after Hurricane Katrina. Plaintiffs alleged that Defendant and its subcontractors had exploited Plaintiffs, most of whom were poor migrants who did not speak English, by making them work seven days a week, 12 hours a day, in poor conditions, restoring and cleaning buildings and other property contaminated by mold, flood water and/or smoke. Plaintiffs alleged that the employment practices of Defendant violated the Fair Labor Standards Act (FLSA), 29 U.S.C. §201 et seq. by grossly under paying them and denying them overtime pay.

Shortly after the initial lawsuit was filed, Plaintiffs settled the case with Defendant, who agreed to pay all unpaid overtime wages plus additional penalties (totaling 145% of wages owed), and to change certain business practices to ensure all workers on future Belfor projects were paid according to the FLSA. The District Court (Judge Jay C. Zainey) approved the settlement on September 7, 2006, and certified the case as a collective action under the FLSA, with a class defined as all individuals employed by any subcontractors on Belfor projects in the Gulf Coast arising from storm damage caused by Hurricane Katrina. Affected employees were given one year to opt into the class and accept the settlement amount.

After the initial case was settled, a separate suit, Obando et al v. Belfor USA Group, Inc., case # 2:06-cv-07804-GTP-DEK, was filed against Belfor for claims that arose before and after the Hurricane Katrina clean up in other states, other projects not covered by the Xavier v. Belfor USA Group, Inc. Docket 2:06-cv-00491-GTP-DEK, and any individuals not included in the Settlement Class. On March 13, 2007, the Obando suit was consolidated with Xavier v. Belfor USA Group, Inc. and all further pleadings bore the consolidated case #06-cv-00491. The Obando plaintiffs sought certification of a nationwide class action for alleged violations by Belfor and its subcontractors of the FLSA and the wage and hour laws of California, Illinois, Louisiana and Pennsylvania. A third amended complaint was filed on May 10, 2007.

Defendants moved to dismiss the amended complaint. Plaintiffs responded by filing an opposition memorandum with attached exhibits. Defendants moved to strike the exhibits from plaintiffs' response. The District Court (G. Thomas Porteous, Jr.) granted the motion in part, ruling that it would not consider several exhibits when ruling on the motion to dismiss. Xavier v. Belfor USA Group, Inc., 2007 WL 4224320, 2007 U.S. Dist. LEXIS 87028 (E.D.La. Nov 26, 2007).

Summary Authors

Dan Dalton (12/10/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4271010/parties/xavier-v-belfor-usa-group-inc/


Judge(s)

Knowles, Daniel E. III (Louisiana)

Porteous, G. Thomas Jr. (Louisiana)

Zainey, Jay C. (Louisiana)

Attorneys(s) for Plaintiff

Alvarez, Robert Anthony (Michigan)

Bauer, Mary C. (Virginia)

Gerharz, Barry James (Louisiana)

Linares, Hector A. (Louisiana)

Lurye, William (District of Columbia)

McCoy, Gregory J. (Michigan)

Picard, Nancy (Louisiana)

Judge(s)

Knowles, Daniel E. III (Louisiana)

Porteous, G. Thomas Jr. (Louisiana)

Zainey, Jay C. (Louisiana)

Attorneys(s) for Plaintiff

Alvarez, Robert Anthony (Michigan)

Bauer, Mary C. (Virginia)

Gerharz, Barry James (Louisiana)

Linares, Hector A. (Louisiana)

Lurye, William (District of Columbia)

McCoy, Gregory J. (Michigan)

Picard, Nancy (Louisiana)

Richard-Spencer, Julie Marie (California)

Rosenbaum, Jennifer J. (Alabama)

Sandoval, Jose (California)

Vander Veen, Ronald J. (Michigan)

Attorneys(s) for Defendant

Alfieri, Christopher J. (Louisiana)

Ballay, Brian M. (Louisiana)

Cordes, Elizabeth Skelley (Louisiana)

Favret, Clarence F. III (Louisiana)

Griffith, Steven F. (Louisiana)

Kurtz, Michael J. (Louisiana)

Lagarde, Andre Jude (Louisiana)

Marshall, Howard Carter (Louisiana)

Pelleteri, Ellen M. (Louisiana)

Peyton, Robert D. (Louisiana)

Tully, Kevin Richard (Louisiana)

Tusa, Michael Thomas (California)

Whitehead, Jack Kenneth Jr, (Louisiana)

Wolfe, Scott G. Jr. (Louisiana)

Documents in the Clearinghouse

Document

Docket (PACER)

Obando v. Belfor USA Group, Inc.

Jan. 5, 2011 Docket

Docket (PACER)

Jan. 5, 2011 Docket
17

Plaintiffs' Second Amended Complaint

Rodrigues v. Belfor USA Group Inc.

March 28, 2006 Complaint

Collective Action Settlement Agreement

Rodrigues v. Belfor USA Group Inc.

Aug. 7, 2006 Settlement Agreement
43

Order

Rodrigues v. Belfor USA Group Inc.

Sept. 7, 2006 Order/Opinion
3

Plaintiff's Fair Labor Standards Act Collective Action Amended Complaint

Lima v. Belfor USA Group, Inc.

Nov. 1, 2006 Complaint
198

Order & Reasons

Rodrigues v. Belfor USA Group Inc.

2007 WL 4224320

Nov. 26, 2007 Order/Opinion

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4271010/xavier-v-belfor-usa-group-inc/

Last updated May 20, 2022, 1:34 a.m.

ECF Number Description Date Link
709

1 Proposed Order

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PACER
710

PACER
739

PACER
741

PACER
6

MOTION for Mary Bauer to Appear Pro Hac Vice (Filing fee $5.) by all plaintiffs. (gbw, ) (Entered: 02/08/2006)

Feb. 1, 2006 PACER
1

COMPLAINT against Belfor USA Group Inc. (Filing fee $ 250.) filed by Valdir Xavier, Sergio Oliveira, Edson Silva.(gbw, ) Additional attachment(s) added on 2/2/2006 (gbw, ). (Entered: 02/02/2006)

1 Civil Cover Sheet

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Feb. 1, 2006 RECAP
2

Summons Issued as to Belfor USA Group Inc.. (gbw, ) (Entered: 02/02/2006)

Feb. 1, 2006 PACER
3

ORDER that plaintiffs shall move for class certification by 5/2/06. Signed by Judge Jay C. Zainey on 2/1/06.(gbw, ) (Entered: 02/02/2006)

Feb. 1, 2006 PACER
4

MOTION for Jennifer Rosenbaum to Appear Pro Hac Vice (Filing fee $5.) by all plaintiffs. (gbw, ) (Entered: 02/08/2006)

Feb. 1, 2006 PACER
5

ORDER granting Plaintiffs' 4 Motion to Appear Pro Hac Vice as to Jennifer Rosenbaum. . Signed by Judge Jay C. Zainey on 2/2/06. (gbw, ) (Entered: 02/08/2006)

Feb. 3, 2006 PACER
7

ORDER granting Plaintiffs' 6 Motion to Appear Pro Hac Vice as to Mary C. Bauer. . Signed by Judge Jay C. Zainey on 2/2/06. (gbw, ) (Entered: 02/08/2006)

Feb. 3, 2006 PACER
8

NOTICE by plaintiffs of filing consents to join FLSA collective action. (gbw, ) (Entered: 02/10/2006)

Feb. 8, 2006 PACER
9

MOTION for Extension of Time to Answer re 1 Complaint by Belfor USA Group Inc.. (gbw, ) (Entered: 03/01/2006)

Feb. 23, 2006 PACER
10

ORDER granting 9 Belfor USA Group Inc.'s Motion for Extension of Time to Answer re 1 Complaint . Signed by Judge Jay C. Zainey on 2/24/06. (gbw, ) (Entered: 03/01/2006)

Feb. 24, 2006 PACER
11

SUMMONS Returned Executed; Belfor USA Group Inc. served on 2/10/2006. (gbw, ) (Entered: 03/13/2006)

March 7, 2006 PACER
12

FIRST AMENDED COMPLAINT against Belfor USA Group Inc. filed by Wanderson de Souza, Valdir Xavier, Sergio Oliveira, Edson Silva.(gbw, ) (Entered: 03/17/2006)

March 14, 2006 RECAP
13

NOTICE by all plaintiffs of filing consents to join FLSA Collective Action. (gbw, ) (Entered: 03/17/2006)

March 14, 2006 PACER
14

NOTICE by plaintiffs of filing consents to join FLSA Collection Action. (gbw, ) (Entered: 04/03/2006)

March 29, 2006 PACER
15

MOTION for Leave to File to file second amended complaint by all plaintiffs. (gbw, ) (Entered: 04/07/2006)

April 3, 2006 PACER
16

ORDER granting 15 Plaintiffs' Motion for Leave to file second amended complaint as stated in the document. Signed by Judge Jay C. Zainey on 4/3/06. (gbw, ) Modified on 4/7/2006 (gbw, ). (Entered: 04/07/2006)

April 4, 2006 PACER
17

SECOND AMENDED COMPLAINT against Belfor USA Group Inc. filed by plaintiffs.(gbw, ) (Entered: 04/07/2006)

April 4, 2006 RECAP
18

THIRD PARTY COMPLAINT against Expro Services, Inc. filed by Belfor USA Group Inc..(gbw, ) (Entered: 04/10/2006)

April 6, 2006 PACER
19

Summons Issued as to Expro Services, Inc.. (gbw, ) (Entered: 04/10/2006)

April 6, 2006 PACER
21

NOTICE by plaintiffs of filing consents to join FLSA Collective Action. (gbw, ) (Entered: 04/26/2006)

April 24, 2006 PACER
20

SUMMONS Returned Executed; Expro Services, Inc. served on 4/18/2006. (gbw, ) (Entered: 04/26/2006)

April 25, 2006 PACER
22

EXPARTE/CONSENT MOTION for Extension of Time to Answer re 18 Third Party Complaint by Expro Services, Inc. (caa, ) (Entered: 05/15/2006)

May 5, 2006 PACER
23

ORDER granting 22 Motion for Extension of Time to Answer re 18 Third Party Complaint as to Expro Services, Inc. answer due 5/23/2006. Signed by Judge Jay C. Zainey on 5/10/2006. (caa, ) (Entered: 05/15/2006)

May 12, 2006 PACER
24

SECOND EXPARTE/CONSENT MOTION for Extension of Time to Answer re 18 Third Party Complaint by Expro Services, Inc.. (gbw, ) (Entered: 05/26/2006)

May 22, 2006 PACER
25

ORDER granting 24 Motion for Extension of Time to Answer re 18 Third Party Complaint. Answer due 6/12/06. Signed by Judge Jay C. Zainey on 5/24/06. (gbw, ) (Entered: 05/26/2006)

May 25, 2006 PACER
26

ANSWER to Third Party Complaint with Jury Demand, COUNTERCLAIM against Belfor USA Group Inc. by Third Party Defendant Expro Services, Inc.(Tully, Kevin) Modified on 6/13/2006 (gbw, ). Modified on 3/21/2007 (gbw, ). (DOCUMENT STRICKEN PER DOC. #79) (Entered: 06/12/2006)

June 12, 2006 PACER
27

Correction of Docket Entry by Clerk re 26 Answer to Third Party Complaint, Counterclaim. Added attorneys to counterclaimant Expro Services, Inc. (gbw, ) (Entered: 06/13/2006)

June 12, 2006 PACER
28

NOTICE Scheduling Conference set for 7/13/2006 02:15 PM before courtroom deputy by telephone, by Clerk.(gbw, ) (Entered: 06/13/2006)

June 12, 2006 PACER
29

EXPARTE/CONSENT MOTION for Extension of Time to Respond to 26 Expro Services Inc.'s Counterclaim by Belfor USA Group Inc.. (gbw, ) (Entered: 07/10/2006)

June 30, 2006 PACER
30

ORDER granting 29 Belfor USA Group, Inc.'s Motion for Extension of Time to Respond to 26 Expro Services, Inc.'s Counterclaim. Answer due 7/12/06 . Signed by Judge Jay C. Zainey on 7/6/06. (gbw, ) (Entered: 07/10/2006)

July 10, 2006 PACER
31

ANSWER to Counterclaim and Supplemental,Amended,& Restated Third Party Complaint against Expro Services, Inc. by Defendant Belfor USA Group Inc..(cms, ) Modified on 7/26/2006 (cms, ). (Entered: 07/14/2006)

July 12, 2006 PACER
34

SUPPLEMENTAL AND AMENDED THIRD PARTY COMPLAINT against Expro Services, Inc. filed by Belfor USA Group Inc.(Originally docketed as an answer only ref. doc. 31)(cms, ) (Entered: 07/26/2006)

July 12, 2006 PACER
32

SCHEDULING ORDER: Final Pretrial Conference set for 2/15/2007 11:00 AM & Jury Trial set for 3/19/2007 08:30 AM before Judge. Signed by Judge Jay C. Zainey. (Attachments: # 1 Pretrial Notice Form)(jrc, ) (Entered: 07/17/2006)

1 Pretrial Notice Form

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July 17, 2006 PACER
33

EXPARTE/CONSENT MOTION for Extension of Time to Respond to 31 Belfor USA Group Inc.'s Supplemental, Amended and Restated Third Party Demand by Expro Services, Inc.. (Attachments: # 1 Proposed Order)(Tully, Kevin) Modified on 7/26/2006 (gbw, ). Modified on 7/26/2006 (gbw, ). (Entered: 07/25/2006)

1 Proposed Order

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July 25, 2006 PACER
35

ORDER granting 33 Expro Services Inc.'s Motion for Extension of Time to respond to 34 Belfor's Supplemental, Amended and Third Party Complaint . Signed by Judge Jay C. Zainey on 7/26/06. (gbw, ) (Entered: 07/28/2006)

July 26, 2006 PACER
36

ORDER Status Conference set for 8/28/2006 10:00 AM before Judge Jay C. Zainey, in chambers . Signed by Judge Jay C. Zainey on 8/18/06.(blg, ) (Entered: 08/21/2006)

Aug. 18, 2006 PACER
37

EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Barry Gerharz to be substituted in place of Hector Linares by all plaintiffs. (Attachments: # 1 Proposed Order)(Rosenbaum, Jennifer) (Entered: 08/23/2006)

1 Proposed Order

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Aug. 23, 2006 PACER
38

ORDER granting 37 Motion to Substitute Attorney. Added attorney Barry James Gerharz for Valdir Xavier, Sergio Oliveira, Edson Silva and Wanderson de Souza. Attorney Hector A. Linares terminated. Signed by Judge Jay C. Zainey on 8/24/06. (gec, ) (Entered: 08/25/2006)

Aug. 24, 2006 PACER
40

Consent MOTION to seal names of FLSA opt-in plaintiffs. (Attachments: # 1 Memo of Law in Support# 2 Confidential Memo of Law in Support# 3 Notice of filing of sealing motion) (gbw, ) (Entered: 09/07/2006)

Sept. 6, 2006 PACER
39

ORDER Status Conference set for 9/13/2006 11:00 AM in chambers. Signed by Judge Jay C. Zainey.(gbw, ) (Entered: 09/07/2006)

Sept. 7, 2006 PACER
41

ORDER re consent motion to seal names of FLSA opt-in plaintiffs. (gbw, ) (Entered: 09/07/2006)

Sept. 7, 2006 PACER
42

Joint MOTION to approve settlement of certain claims (Attachments: # 1 Exhibit A) (gbw, ) (Entered: 09/07/2006)

Sept. 7, 2006 PACER
43

ORDER re joint motion to approve settlement of certain claims. (gbw, ) Attached image to document per Doc. #47 on 9/18/2006 (gbw, ). Modified on 9/18/2006 (gbw, ). (Entered: 09/07/2006)

Sept. 7, 2006 RECAP
44

Notice of filing consents to join FLSA Collective Action. (gbw, ) (Entered: 09/07/2006)

Sept. 7, 2006 PACER
45

EXPARTE/CONSENT MOTION to enroll H. Carter Marshall as additional counsel of Record by Expro Services, Inc. (Attachments: # 1 Proposed Order)(Tully, Kevin) Modified on 9/14/2006 (gbw, ). (Entered: 09/13/2006)

1 Proposed Order

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Sept. 13, 2006 PACER
47

Minute Entry for proceedings held before Judge Jay C. Zainey : Status Conference held on 9/13/2006; ORDERED that doc. 43 is unsealed Status Conference set for 11/16/2006 02:30 PM before Judge Jay C. Zainey. (ala) (Entered: 09/18/2006)

Sept. 13, 2006 PACER
46

ANSWER to Supplemental & Amended Third Party Complaint with Jury Demand, RESTATED COUNTERCLAIM against Belfor USA Group Inc. by Third Party Defendant Expro Services, Inc..(Tully, Kevin) Modified on 9/15/2006 (gbw, ). Modified on 9/15/2006 (gbw, ). Modified on 3/21/2007 (gbw, ). (DOCUMENT STRICKEN PER DOC. #79) (Entered: 09/14/2006)

Sept. 14, 2006 PACER
48

ORDER granting 45 Motion to Appear as additional counsel of record as to H. Carter Marshall for Expro Services Inc. Signed by Judge Jay C. Zainey on 9/14/06. (gbw, ) (Entered: 09/18/2006)

Sept. 15, 2006 PACER
49

ANSWER to Restated Third-Party Counterclaim by Counter Defendant Belfor USA Group Inc..(gbw, ) (Entered: 09/25/2006)

Sept. 20, 2006 PACER
50

Minute Entry for proceedings held before Judge Jay C. Zainey : Status Conference held on 11/16/2006. A follow-up Status Conference set for 1/18/2007 03:00 PM before Judge Jay C. Zainey. (cms, ) (Entered: 11/20/2006)

Nov. 16, 2006 PACER
51

MOTION to Clarify September 7 Order by all plaintiffs. Motion Hearing set for 12/13/2006 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support # 2 Exhibit A, Notice# 3 Exhibit B, Email March 24# 4 Exhibit C, March 24# 5 Exhibit D, March 23# 6 Notice of Hearing # 7 Proposed Order)(Rosenbaum, Jennifer) Modified on 11/22/2006 (gbw, ). (Entered: 11/21/2006)

1 Memorandum in Support

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2 Exhibit A, Notice

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3 Exhibit B, Email March 24

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4 Exhibit C, March 24

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5 Exhibit D, March 23

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6 Notice of Hearing

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7 Proposed Order

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Nov. 21, 2006 PACER
52

EXPARTE/CONSENT MOTION to Continue hearing date on motion to clarify 9/7/06 order by Belfor USA Group Inc.. (gbw, ) (Entered: 12/04/2006)

Nov. 28, 2006 PACER
53

ORDER granting 52 Belfor's MOTION to continue hearing on 51 Plaintiffs' MOTION to Clarify September 7 Order. Motion to clarify 51 is continued & reset to 1/10/2007 09:00 AM. No oral argument; Motion to be discussed at the 1/18/07 status conference. Signed by Judge Jay C. Zainey on 11/29/06.(gbw, ) (Entered: 12/04/2006)

Nov. 30, 2006 PACER
54

EXPARTE/CONSENT MOTION for Extension of Deadlines by Expro Services, Inc.. (Attachments: # 1 Proposed Order)(Peyton, Robert) (Entered: 12/18/2006)

1 Proposed Order

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Dec. 18, 2006 PACER
55

ORDER re 54 Joint Motion to Extend Deadlines. Deadlines are suspended until the status conference scheduled for 1/18/07. Signed by Judge Jay C. Zainey on 12/19/06. (gbw, ) (Entered: 12/20/2006)

Dec. 19, 2006 PACER
62

Notice of Filing Consents to join FLSA Collective Action (gbw, ) (Entered: 01/18/2007)

Dec. 22, 2006 PACER
66

Joint MOTION to dismiss w/prej. (gbw, ) (Entered: 01/29/2007)

Dec. 22, 2006 PACER
56

DEFICIENT MOTION for Leave to File Second Amended and Restated Third Party Complaint by Belfor USA Group Inc.. Motion Hearing set for 1/10/2007 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Exhibit A -- Second Amended Complaint# 2 Memorandum in Support # 3 Notice of Hearing # 4 Certificate of Counsel)(Griffith, Steven) Modified on 12/27/2006 (gbw, ). (Entered: 12/26/2006)

1 Exhibit A -- Second Amended Complaint

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2 Memorandum in Support

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3 Notice of Hearing

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4 Certificate of Counsel

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Dec. 26, 2006 PACER
57

MOTION for Leave to File Second Amended and Restated Third Party Complaint by Belfor USA Group Inc.. Motion(s) referred to Daniel E. Knowles, III. Motion Hearing set for 1/17/2007 11:00 AM before Magistrate Judge Daniel E. Knowles III. (Attachments: # 1 Exhibit A -- Second Amended Complaint# 2 Memorandum in Support # 3 Notice of Hearing # 4 Certificate of Counsel)(Griffith, Steven) (Entered: 12/27/2006)

1 Exhibit A -- Second Amended Complaint

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2 Memorandum in Support

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3 Notice of Hearing

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4 Certificate of Counsel

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Dec. 27, 2006 PACER
58

ORDER that Belfor USA Group, Inc.'s Motion for Leave to File Second Amendedand Restated Third Party Complaint 57 is SET FOR ORAL HEARING before the undersigned Magistrate Judge on Wednesday, January 17, 2007 at 11:00 AM. Signed by Judge Daniel E. Knowles III on 12/28/06.(ala, ) Modified on 1/5/2007 (bbc, ). (Entered: 12/28/2006)

Dec. 28, 2006 PACER
59

OPPOSITION to Motion to clarify order of 9/7/06 (Attachments: # 1 Exhibit) (gbw, ) (Entered: 01/10/2007)

Jan. 9, 2007 PACER
60

ORDER Setting/Resetting Oral Hearing on 57 MOTION for Leave to File Second Amended and Restated Third Party Complaint : Motion Hearing set for 1/24/2007 11:00 AM before Magistrate Judge Daniel E. Knowles III. Signed by Judge Daniel E. Knowles III on 1/10/07.(ala, ) (Entered: 01/11/2007)

Jan. 11, 2007 PACER
61

EXPARTE/CONSENT MOTION to Withdraw as Attorney by Expro Services, Inc.. (Attachments: # 1 Memorandum in Support # 2 Proposed Order)(Peyton, Robert) Modified on 1/31/2007 (gbw, ). (Entered: 01/17/2007)

1 Memorandum in Support

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2 Proposed Order

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Jan. 17, 2007 PACER
63

ORDER Setting/Resetting Oral Hearing on 57 MOTION for Leave to File Second Amended and Restated Third Party Complaint : Motion Hearing re-set for 2/14/2007 11:00 AM before Magistrate Judge Daniel E. Knowles III. Signed by Judge Daniel E. Knowles III on 1/18/07.(ala, ) (Entered: 01/18/2007)

Jan. 18, 2007 PACER
64

ORDER Status Conference set for 1/18/07 is RESET for 1/25/2007 11:00 AM before Judge Jay C. Zainey.. Signed by Judge Jay C. Zainey.(gbw, ) (Entered: 01/20/2007)

Jan. 19, 2007 PACER
65

EXPARTE/CONSENT MOTION for Leave to File Pls.' Reply to Def.'s Opp. to Pls.' Motion to Clarify by Valdir Xavier, Wanderson de Souza, Sergio Oliveira, Edson Silva. (Attachments: # 1 Proposed Order # 2 Exhibit A, Plaintiffs' Reply Brief)(Rosenbaum, Jennifer) (Entered: 01/23/2007)

1 Proposed Order

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2 Exhibit A, Plaintiffs' Reply Brief

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Jan. 23, 2007 PACER
67

ORDER granting joint motion to dismiss w/prej. (gbw, ) (Entered: 01/29/2007)

Jan. 25, 2007 PACER
71

Minute Entry for proceedings held before Judge Jay C. Zainey : Status Conference held on 1/25/2007. 51 MOTION to Clarify filed by Valdir Xavier, Wanderson de Souza, Sergio Oliveira, Edson Silva is DENIED. (gbw, ) (Entered: 01/31/2007)

Jan. 25, 2007 PACER
68

ORDER granting 65 Motion for Leave to File plaintiffs' reply to defendant's opposition to plaintiff's motion to clarify 9/7/06 order. Signed by Judge Jay C. Zainey on 1/25/07. (gbw, ) (Entered: 01/30/2007)

Jan. 26, 2007 PACER
70

ORDER re 61 MOTION to Withdraw as Attorney : Counsel for third-party defendant Expro Services, Inc. shall appear in open court on 2/22/07 2:30 PM to address the motion to withdraw. A corporate officer from Expro Services, Inc. shall attend personally.. Signed by Judge Jay C. Zainey.(gbw, ) (Entered: 01/31/2007)

Jan. 29, 2007 PACER
69

REPLY filed by all plaintiffs to defendant's opposition to plaintiffs' 51 MOTION to Clarify September 7 Order. (gbw, ) (Entered: 01/30/2007)

Jan. 30, 2007 PACER
73

ORDER the Pre-trial Conference set for 2/15/07 11:00 AM is CANCELLED; Status Conference to select a new trial date is set for 2/22/2007 02:30 PM immediately following the hearing on the motion to withdraw. Signed by Judge Jay C. Zainey.(gbw, ) (Entered: 02/01/2007)

Jan. 31, 2007 PACER
72

ORDER Setting/Resetting Oral Hearing on 57 MOTION for Leave to File Second Amended and Restated Third Party Complaint : Motion Hearing re-set for 3/7/2007 11:00 AM before Magistrate Judge Daniel E. Knowles III.. Signed by Judge Daniel E. Knowles III on 1/31/07.(ala, ) (Entered: 02/01/2007)

Feb. 1, 2007 PACER
74

Minute Entry for proceedings held before Judge Jay C. Zainey : Motion Hearing held on 2/22/2007 re 61 MOTION to Withdraw as Attorney filed by Expro Services, Inc.; Motion granted. (Court Reporter Vic DiGiorgio.) (cms, ) (Entered: 02/26/2007)

Feb. 22, 2007 PACER
75

ORDER granting 61 MOTION to Withdraw as Attorney filed by Expro Services, Inc. Expro Services Inc shall enroll licensed counsel by 3/20/07 for participation in a Scheduling Conference which is set for 3/20/2007 02:00 PM in open court.. Signed by Judge Jay C. Zainey on 2/26/07.(gbw, ) Modified on 2/27/2007 (gbw, ). (cert. mail: Expro Services, Inc.) Additional attachment(s) added on 2/28/2007 (gbw, ). (Entered: 02/27/2007)

1 Certified Mail Receipt

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Feb. 27, 2007 PACER
76

ORDER Setting/Resetting Hearing on 57 MOTION for Leave to File Second Amended and Restated Third Party Complaint : Motion Hearing re-set for 4/4/2007 11:00 AM before Magistrate Judge Daniel E. Knowles III. Signed by Judge Daniel E. Knowles III on 3/2/07.(ala, ) (Entered: 03/02/2007)

March 2, 2007 PACER
77

ORDER Case consolidated with member case 06-7804. Signed by Judge Jay C. Zainey on 3/13/07.(gbw, ) (Entered: 03/19/2007)

March 13, 2007 PACER
78

FOURTH NOTICE by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte, Belfor USA Group, Inc. Of Consent to file suit under the FLSA. (Attachments: # 1 Exhibit Consent to Sue)(Reference: 06-7804)(Lurye, William) Modified on 3/20/2007 (gbw, ). (Entered: 03/19/2007)

1 Exhibit Consent to Sue

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March 19, 2007 PACER
79

Minute Entry for proceedings held before Judge Jay C. Zainey : Scheduling Conference held on 3/20/2007. ORDERED that the answers and counterclaims (Rec. Doc. #26 & 46) filed by Expro Services Inc are STRICKEN & DISMISSED. FURTHER ORDERED that a scheduling conference be held before the Case Manager on 4/4/07 11:15 AM following a hearing before Magistrate Knowles. (Court Reporter Karen Ibos.) (Reference: 06-491, 06-7804)(gbw, ) (Entered: 03/21/2007)

March 20, 2007 PACER
80

DEFICIENT MOTION for a Declaration of Nullity by Belfor USA Group Inc.. Motion Hearing set for 4/18/2007 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Notice of Hearing # 2 Request for Oral Argument# 3 Memorandum in Support # 4 Exhibit "1")(Reference: 06-491)(Griffith, Steven) Modified on 4/3/2007 (gbw, ). (Entered: 04/02/2007)

1 Notice of Hearing

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2 Request for Oral Argument

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3 Memorandum in Support

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4 Exhibit "1"

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April 2, 2007 PACER
81

MOTION for a Declaration of Nullity by Belfor USA Group Inc.. Motion Hearing set for 4/18/2007 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Notice of Hearing # 2 Memorandum in Support # 3 Exhibit "1")(Reference: 06-491)(Griffith, Steven) (Entered: 04/03/2007)

1 Notice of Hearing

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2 Memorandum in Support

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3 Exhibit "1"

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April 3, 2007 PACER
82

Request/Statement of Oral Argument by Belfor USA Group Inc. regarding 81 MOTION for a Declaration of Nullity. (Reference: 06-491)(Griffith, Steven) (Entered: 04/03/2007)

April 3, 2007 PACER
83

NOTICE cancelling scheduling conference of 4/4/07. (Reference: 06-491, 06-7804) (jrc, ) Modified on 4/3/2007 (jrc, ). (Entered: 04/03/2007)

April 3, 2007 PACER
84

ORDER Setting/Resetting Hearing on 81 MOTION for a Declaration of Nullity : Motion Hearing continued to 5/16/2007 before Judge Jay C. Zainey.. Signed by Judge Jay C. Zainey.(Reference: all cases)(gbw, ) (Entered: 04/04/2007)

April 4, 2007 PACER
85

Minute Entry for proceedings held before Judge Daniel E. Knowles III: Motion Hearing held on 4/4/2007 re 57 MOTION for Leave to File Second Amended and Restated Third Party Complaint filed by Belfor USA Group Inc. - granted. Motion to Amend and Add Rule 23 Class Action State Law Wage Claims (Doc. #21 in Consol. Case No. 06-7804)- granted. (Reference: BOTH CASES)(car, ) (Entered: 04/05/2007)

April 4, 2007 PACER
86

2nd Amended THIRD PARTY COMPLAINT against Expro Services, Inc. filed by Belfor USA Group Inc..(Reference: ALL CASES)(car, ) (Entered: 04/05/2007)

April 4, 2007 PACER
87

2nd AMENDED COMPLAINT with Jury Demand against Belfor USA Group Inc. filed by all plaintiffs.(Reference: 06-7804)(car, ) (Entered: 04/05/2007)

April 4, 2007 PACER
89

ORDER that the pending Scheduling Conference before the case manager is cancelled. Status Conference set for 4/26/2007 10:30 AM before Judge Jay C. Zainey to discuss the CMO. Signed by Judge Jay C. Zainey.(Reference: all cases)(gbw, ) (Entered: 04/10/2007)

April 5, 2007 PACER
88

FIFTH NOTICE of consent to file suit under the Fair Labor Standard Act by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima, Sergio Alho, Fabio Lima . (Attachments: # 1 Exhibit)(Reference: 06-7804)(Lurye, William) Modified on 4/10/2007 (gbw, ). (Entered: 04/09/2007)

1 Exhibit

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April 9, 2007 PACER
90

THIRD PARTY COMPLAINT against Guaranteed Fence & Gate, LLC filed by Belfor USA Group Inc. (WAIVER OF SERVICE) (Reference: 06-0491 c/w 06-7804)(Griffith, Steven) Modified on 4/13/2007 (gbw, ). (Entered: 04/12/2007)

April 12, 2007 PACER
91

THIRD PARTY COMPLAINT against Construction Management Services, USA, LLC. filed by Belfor USA Group Inc. (WAIVER OF SERVICE). (Reference: 06-0491 c/w 06-7804)(Griffith, Steven) Modified on 4/13/2007 (gbw, ). Modified on 4/13/2007 (gbw, ). Modified on 4/13/2007 (gbw, ). (Entered: 04/12/2007)

April 12, 2007 PACER
92

Correction of Docket Entry by Clerk re 91 Third Party Complaint, 90 Third Party Complaint. Document not deficient per case manager. (Reference: both cases)(gbw, ) (Entered: 04/13/2007)

April 12, 2007 PACER
94

Correction of Docket Entry by Clerk re 93 Notice (Other), Notice (Other). REMINDER: All pleadings must be in PDF before filing. Your attachment #1 - exhibit was not in PDF. Do not refile document. (Reference: 06-491)(gbw, ) (Entered: 04/16/2007)

April 13, 2007 PACER
93

SIXTH NOTICE by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte of Consent to Sue. (Attachments: # Exhibit)(Reference: 06-7804)(Lurye, William) Corrected image to attachment added on 4/16/2007 (gbw, ). Modified on 4/16/2007 (gbw, ). Modified on 4/16/2007 (gbw, ). (Entered: 04/14/2007)

2 Exhibit

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April 14, 2007 PACER
95

ORDER Status Conference set for 4/26/07 is RESET for 4/30/2007 10:00 AM in chambers. Signed by Judge Jay C. Zainey.(Reference: all cases)(gbw, ) (Entered: 04/19/2007)

April 19, 2007 PACER
96

WAIVER OF SERVICE Returned Executed; waiver sent to Guaranteed Fence & Gate, LLC on 4/12/2007, answer due 6/11/2007; Guaranteed Fence & Gate, LLC on 4/12/2007, answer due 6/11/2007. (Reference: 06-491 c/w 06-7804)(Griffith, Steven) (Entered: 04/20/2007)

April 20, 2007 PACER

State / Territory: Louisiana

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Feb. 1, 2006

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals who (1) worked for Defendant or psubcontractors performing unskilled manual labor in various projects throughout the U.S. over the last 3 years prior and (2) who were eligible for but did not receive overtime pay.

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

Belfor USA Group Inc., Private Entity/Person

Guaranteed Fence & Gate, LLC, Private Entity/Person

Ticos Construction, L.L.C., Private Entity/Person

Expro Services, Inc., Private Entity/Person

Construction Management Services, USA, LLC, Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2006 - None

Issues

Immigration/Border:

Employer sanctions

Employment