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)
Attorney for Plaintiff

Alvarez, Robert Anthony (Michigan)

Bauer, Mary C. (Virginia)

Attorney for Defendant

Alfieri, Christopher J. (Louisiana)

Arend, Patrice S. (Louisiana)

Ballay, Brian M. (Louisiana)

Documents in the Clearinghouse

Documents in this case

2:06-cv-00491

Docket (PACER)

Jan. 5, 2011

Jan. 5, 2011

Docket

2:06-cv-07804

Docket (PACER)

Obando v. Belfor USA Group, Inc.

Jan. 5, 2011

Jan. 5, 2011

Docket
17

2:06-cv-00491

Plaintiffs' Second Amended Complaint

Rodrigues v. Belfor USA Group Inc.

March 28, 2006

March 28, 2006

Complaint

2:06-cv-00491

Collective Action Settlement Agreement

Rodrigues v. Belfor USA Group Inc.

Aug. 7, 2006

Aug. 7, 2006

Settlement Agreement
43

2:06-cv-00491

Order

Rodrigues v. Belfor USA Group Inc.

Sept. 7, 2006

Sept. 7, 2006

Order/Opinion
3

2:06-cv-07804

Plaintiff's Fair Labor Standards Act Collective Action Amended Complaint

Lima v. Belfor USA Group, Inc.

Nov. 1, 2006

Nov. 1, 2006

Complaint
198

2:06-cv-00491

Order & Reasons

Rodrigues v. Belfor USA Group Inc.

Nov. 26, 2007

Nov. 26, 2007

Order/Opinion

2007 WL 4224320

Docket

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

Last updated July 22, 2026, 5:13 a.m.

Docket for: Xavier v. Belfor USA Group Inc.
ECF Number Date Description Link
1 Feb. 1, 2006

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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RECAP
2 Feb. 1, 2006

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

RECAP
3 Feb. 1, 2006

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)

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4 Feb. 1, 2006

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

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6 Feb. 1, 2006

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

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5 Feb. 3, 2006

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)

RECAP
7 Feb. 3, 2006

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)

RECAP
8 Feb. 8, 2006

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

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9 Feb. 23, 2006

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

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10 Feb. 24, 2006

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)

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11 March 7, 2006

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

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12 March 14, 2006

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

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13 March 14, 2006

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

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14 March 29, 2006

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

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15 April 3, 2006

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

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16 April 4, 2006

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)

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17 April 4, 2006

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

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18 April 6, 2006

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

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19 April 6, 2006

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

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21 April 24, 2006

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

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20 April 25, 2006

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

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22 May 5, 2006

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

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23 May 12, 2006

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)

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24 May 22, 2006

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

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25 May 25, 2006

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)

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26 June 12, 2006

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)

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27 June 12, 2006

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)

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28 June 12, 2006

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

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29 June 30, 2006

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)

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30 July 10, 2006

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)

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31 July 12, 2006

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)

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34 July 12, 2006

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)

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32 July 17, 2006

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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33 July 25, 2006

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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35 July 26, 2006

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)

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36 Aug. 18, 2006

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)

RECAP
37 Aug. 23, 2006

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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38 Aug. 24, 2006

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)

RECAP
40 Sept. 6, 2006

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)

RECAP
39 Sept. 7, 2006

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

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41 Sept. 7, 2006

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

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42 Sept. 7, 2006

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

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43 Sept. 7, 2006

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)

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44 Sept. 7, 2006

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

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45 Sept. 13, 2006

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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47 Sept. 13, 2006

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)

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46 Sept. 14, 2006

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)

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48 Sept. 15, 2006

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)

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49 Sept. 20, 2006

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

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50 Nov. 16, 2006

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)

RECAP
51 Nov. 21, 2006

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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RECAP
52 Nov. 28, 2006

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)

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53 Nov. 30, 2006

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)

RECAP
54 Dec. 18, 2006

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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55 Dec. 19, 2006

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)

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62 Dec. 22, 2006

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

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66 Dec. 22, 2006

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

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56 Dec. 26, 2006

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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57 Dec. 27, 2006

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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58 Dec. 28, 2006

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)

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59 Jan. 9, 2007

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

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60 Jan. 11, 2007

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)

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61 Jan. 17, 2007

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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63 Jan. 18, 2007

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)

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64 Jan. 19, 2007

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)

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65 Jan. 23, 2007

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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67 Jan. 25, 2007

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

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71 Jan. 25, 2007

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)

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68 Jan. 26, 2007

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)

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70 Jan. 29, 2007

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)

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69 Jan. 30, 2007

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

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73 Jan. 31, 2007

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)

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72 Feb. 1, 2007

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)

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74 Feb. 22, 2007

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)

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75 Feb. 27, 2007

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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76 March 2, 2007

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)

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77 March 13, 2007

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

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78 March 19, 2007

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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79 March 20, 2007

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)

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80 April 2, 2007

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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81 April 3, 2007

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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82 April 3, 2007

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)

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83 April 3, 2007

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

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84 April 4, 2007

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)

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85 April 4, 2007

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)

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86 April 4, 2007

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

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87 April 4, 2007

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

RECAP
89 April 5, 2007

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)

RECAP
88 April 9, 2007

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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RECAP
90 April 12, 2007

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)

RECAP
91 April 12, 2007

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)

RECAP
92 April 12, 2007

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)

RECAP
94 April 13, 2007

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)

RECAP
93 April 14, 2007

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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RECAP
95 April 19, 2007

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)

RECAP
96 April 20, 2007

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)

RECAP
97 April 23, 2007

EXPARTE/CONSENT Joint MOTION for Leave to File Case Management Order No. 1 by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte, Belfor USA Group, Inc.. (Attachments: # 1 Proposed Case Management Order)(Reference: 06-7804)(Griffith, Steven) Modified on 4/24/2007 (gbw, ). (Entered: 04/23/2007)

1 Proposed Case Management Order

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RECAP
98 April 30, 2007

Minute Entry for proceedings held before Judge Jay C. Zainey : Status Conference held on 4/30/2007. 97 Joint MOTION for Leave to File Case Management Order No. 1 filed by Adan Gonzalez, Belfor USA Group, Inc., Vanda Lima, Sergio Alho, Jose Duarte, Fabio Lima, Orestes Daniel Obando is GRANTED as to the modified CMO. Follow-up Status Conference set for 8/14/2007 10:30 AM before Judge Jay C. Zainey. (Reference: all cases)(gbw, ) (Entered: 05/02/2007)

RECAP
100 May 1, 2007

CASE MANAGEMENT ORDER NO. 1. Signed by Judge Jay C. Zainey on 4/30/07.(Reference: 06-7804)(gbw, ) Modified on 5/3/2007 (gbw, ). (Entered: 05/03/2007)

RECAP
99 May 3, 2007

WAIVER OF SERVICE Returned Executed; waiver sent to Construction Management Services, USA, LLC on 4/12/2007, answer due 6/11/2007; Construction Management Services, USA, LLC on 4/12/2007, answer due 6/11/2007. (Reference: 06-491, 06-7804)(Griffith, Steven) Modified on 5/4/2007 (gbw, ). (Entered: 05/03/2007)

RECAP

Case Details

State / Territory:

Louisiana

Case Type(s):

Immigration and/or the Border

Labor Rights

Special Collection(s):

Multi-LexSum (in sample)

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

Private Entity/Person

Belfor USA Group Inc.

Construction Management Services, USA, LLC

Expro Services, Inc.

Guaranteed Fence & Gate, LLC

Ticos Construction, L.L.C.

Case Details

Causes of Action:

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

Other Dockets:

Eastern District of Louisiana 2:06-cv-00491

Eastern District of Louisiana 2:06-cv-07804

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Immigration/Border:

Employer sanctions

Employment

Recommended Citation