Case: Rosiles-Perez v. Superior Forestry Service, Inc.

1:06-cv-00006 | U.S. District Court for the Middle District of Tennessee

Filed Date: Jan. 25, 2006

Closed Date: 2010

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Case Summary

On January 25, 2006, a group of migrant forestry workers admitted to the U.S. under the H-2B foreign worker program filed suit against their employer, Superior Forestry Service, Inc., in the U.S. District Court for the Middle District of Tennessee, alleging violations of the Fair Labor Standards Act, 29 U.S.C. §§ 201 et. seq., and the Migrant and Seasonal Agricultural Workers Protection Act ("AWPA"), 29 U.S.C. §§ 1801 et seq. Plaintiffs alleged that Superior and its officers failed to pay plaintiffs the statutory minimum wage and overtime wages and failed to maintain complete information on the terms and conditions of the plaintiffs' work as migrant workers as required by law. Attorneys with the Southern Poverty Law Center, the Immigrant Justice Project, Farmworker Justice, the Virginia Justice Center for Farm and Immigrant Workers, and private firms represented the plaintiffs.

Plaintiffs moved to proceed as a collective action and for class certification, but those motions were denied without prejudice by the Court pending further discovery. Later, on July 17, 2007, the District Court (Judge William J. Haynes, Jr.) ordered that the case could proceed as an FLSA collective action, and on July 30 it approved the collective action notice. Plaintiffs renewed their motion for class certification on their claims under the AWPA on August 21, and on March 28, 2008, the Court (Judge Haynes) ordered class certification under both Rule 23(b)(2) and 23(b)(3). Rosiles-Perez v. Superior Forestry Serv., Inc., 250 F.R.D. 332 (M.D. Tenn. 2008).

Meanwhile, on May 23, 2006, the District Court (Judge Haynes) had granted a motion by plaintiffs for a protective order, barring defendants from communicating with plaintiffs and prospective class members about the lawsuit and forbidding any type of retaliatory conduct. A month later, plaintiffs had moved for sanctions, alleging that defendants had violated the protective order by failing to completely and accurately inform their supervisory personnel as to its contents. The Court (Judge Haynes) had instructed the defendants to provide its supervisors with a copy of the Court's protective order and ordered the defendants to pay plaintiffs attorney's fees for the motion. Rosiles-Perez v. Superior Forestry Serv., Inc., 2007 WL 325784, 2007 U.S. Dist. LEXIS 8194 (M.D. Tenn. Jan 31, 2007). Over the course of the litigation, the Court went on to grant two more contempt motions by plaintiffs, accompanying each with progressively severe sanctions, including equitable tolling of the FLSA statute of limitations and two additional rounds of FLSA notice and extensions of the opt-in period, and culminating in a July 28, 2009 order that barred the defendants from contesting plaintiffs' proof of damages.

The court also dealt with significant discovery disputes, at one point appointing an expert to remedy defendants' incomplete disclosure and requiring the defendants to pay for the expert's services.

On February 10, 2010, the parties informed the court that they had come to a settlement and asked the court to approve their agreement. Under the terms of the settlement, defendants created a settlement fund totaling $2,200,000 plus interest to pay the claims of the named plaintiffs, the FLSA opt-in plaintiffs, and the AWPA class members. They also agreed to pay $550,000 plus interest in attorney's fees and $150,000 to cover the cost of administering the settlement fund. Defendants further agreed to abide by the AWPA and FLSA and to refrain from taking retaliatory action against plaintiffs.

The Court (Judge Haynes) granted its final approval of the settlement on March 26, 2010, and issued its final judgment order on July 7, 2010.

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Summary Authors

Christopher Schad (7/10/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4677531/parties/rosiles-perez-v-superior-forestry-service-inc/

Judge(s)

Attorney for Plaintiff

Bauer, Mary C. (Virginia)

Briley, Clifton David (Tennessee)

Attorney for Defendant

Bissinger, Frederick J. (Tennessee)

DeGostin, Kelly M. (Arkansas)

Dorminey, Elizabeth K. (Georgia)

Judge(s)

Haynes, William Joseph Jr. (Tennessee)

Attorney for Plaintiff

Bauer, Mary C. (Virginia)

Briley, Clifton David (Tennessee)

Freilich, Tim A (Virginia)

Goldstein, Bruce Nevin (District of Columbia)

Graunke, Kristi L (Alabama)

Gulotta, Alex Ross (Virginia)

Karsh, Joshua (Illinois)

Knoepp, James Melvin (Virginia)

Piers, Matthew J. (Illinois)

Pinkley, T. Harold (Tennessee)

Rosenbaum, Jennifer J. (Alabama)

Ruiz, Virginia (District of Columbia)

Tennent, Richard L. (Tennessee)

Trodden, Erin Margaret (Virginia)

Turner, Andrew Hess (Alabama)

Willenson, Marni (District of Columbia)

Attorney for Defendant

Bissinger, Frederick J. (Tennessee)

DeGostin, Kelly M. (Arkansas)

Dorminey, Elizabeth K. (Georgia)

Escobar, Ana L. (Tennessee)

Everett, John C. (Arkansas)

Griffin, John J. Jr. (Tennessee)

Joslyn-Gaul, Danette (Georgia)

King, Andrew (Arkansas)

Miller, Marie-Bernarde (Arkansas)

Oliver, Paul (Georgia)

Pulliam, Janet L. (Arkansas)

Shea, Kara E. (Tennessee)

Sloan, Michael J. (Georgia)

Stine, James Larry (Georgia)

Weathersby, J. Roy (Georgia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:06-cv-00006	Docket (PACER)	July 7, 2010	July 7, 2010 Docket
44 1:06-cv-00006	Plaintiff's Memorandum of Law in Support of their Motion for Class Certification	March 27, 2006	March 27, 2006 Pleading / Motion / Brief
91 1:06-cv-00006	Protective Order	May 23, 2006	May 23, 2006 Order/Opinion
155 1:06-cv-00006	Order [Denying Defendant's Motion to Stay and Awarding Plaintiffs Attorney Fees]	Sept. 27, 2006	Sept. 27, 2006 Order/Opinion
167-1 1:06-cv-00006	Memorandum [and Order Granting Plaintiffs' First Contempt Motion]	Jan. 31, 2007	Jan. 31, 2007 Order/Opinion 2007 WL 325784
205 1:06-cv-00006	Order [Provisionally Certifying the Case as a Collective Action Under the FLSA]	July 17, 2007	July 17, 2007 Order/Opinion
305-1 1:06-cv-00006	Memorandum [and Order Certifying Class]	March 28, 2008	March 28, 2008 Order/Opinion 250 F.R.D. 332
344 1:06-cv-00006	Order [Requiring Defendants to Pay Expert Fees]	July 25, 2008	July 25, 2008 Order/Opinion
349-1 1:06-cv-00006	Memorandum [and Order Granting Plaintiffs' Second Contempt Motion]	Sept. 5, 2008	Sept. 5, 2008 Order/Opinion
385 1:06-cv-00006	Second Amended Complaint — Class Action	Dec. 9, 2008	Dec. 9, 2008 Complaint

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Resources

Title	Description		External URL Date / External URL
Rosilez-Perez, et al. v. Superior Forestry Services Inc., et al. Southern Poverty Law Center	This article provides great background on the case and what prompted the suit to be filed.	2006	Jan. 24, 2006 https://www.splcenter.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4677531/rosiles-perez-v-superior-forestry-service-inc/

Last updated March 26, 2026, 4:43 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Superior Forestry Service, Inc., Scott Barstow, William Ioup (Filing fee paid $250, Receipt number 108477), filed by Jesus Santiago-Salmoran, Andres Aldana-Moreno, Jose Rosiles-Perez. (Attachment: #(1) Consent forms)(rm) (Entered: 01/30/2006)	Jan. 25, 2006	Jan. 25, 2006
2	MOTION for attorney Kristi Graunke to Appear Pro Hac Vice by Jesus Santiago-Salmoran, Andres Aldana-Moreno, Jose Rosiles-Perez. $75.00 fee paid. Responses due by 2/13/2006 (rm) (Entered: 01/30/2006)	Jan. 25, 2006	Jan. 25, 2006
3	CERTIFICATE of Good Standing issued from USDC/SDGA as to attorney Kristi Lee Graunke filed by Jesus Santiago-Salmoran, Andres Aldana-Moreno, Jose Rosiles-Perez. (rm) (Entered: 01/30/2006)	Jan. 25, 2006	Jan. 25, 2006
4	MOTION for attorney James M. Knoepp to Appear Pro Hac Vice by Jesus Santiago-Salmoran, Andres Aldana-Moreno, Jose Rosiles-Perez. $75.00 fee paid. Responses due by 2/13/2006 (rm) (Entered: 01/30/2006)	Jan. 25, 2006	Jan. 25, 2006
5	CERTIFICATE of Good Standing issued from USDC/EDVA as to attorney James M. Knoepp filed by Jesus Santiago-Salmoran, Andres Aldana-Moreno, Jose Rosiles-Perez. (rm) (Entered: 01/30/2006)	Jan. 25, 2006	Jan. 25, 2006
6	MOTION for attorney Tim Freilich to Appear Pro Hac Vice by Jesus Santiago-Salmoran, Andres Aldana-Moreno, Jose Rosiles-Perez. $75.00 fee paid. Responses due by 2/13/2006 (rm) (Entered: 01/30/2006)	Jan. 25, 2006	Jan. 25, 2006
7	CERTIFICATE of Good Standing issued by USDC/WDVA as to attorney Timothy A. Freilich filed by Jesus Santiago-Salmoran, Andres Aldana-Moreno, Jose Rosiles-Perez. (rm) (Entered: 01/30/2006)	Jan. 25, 2006	Jan. 25, 2006
8	MOTION for attorney Mary Bauer to Appear Pro Hac Vice by Jesus Santiago-Salmoran, Andres Aldana-Moreno, Jose Rosiles-Perez. $75.00 fee paid. Responses due by 2/13/2006 (rm) (Entered: 01/30/2006)	Jan. 25, 2006	Jan. 25, 2006
9	CERTIFICATE of Good Standing issued by USDC/WDVA as to attorney Mary Catherine Bauer filed by Jesus Santiago-Salmoran, Andres Aldana-Moreno, Jose Rosiles-Perez. (rm) (Entered: 01/30/2006)	Jan. 25, 2006	Jan. 25, 2006
10	MOTION for attorneys Marni Willenson, Matthew J. Piers and Joshua Karsh to Appear Pro Hac Vice by Jesus Santiago-Salmoran, Andres Aldana-Moreno, Jose Rosiles-Perez. $225.00 fee paid. Responses due by 2/13/2006 (rm) (Entered: 01/30/2006)	Jan. 25, 2006	Jan. 25, 2006
11	CERTIFICATE of Good Standing issued by USDC/NDIL as to attorney Marni J. Willenson filed by Jesus Santiago-Salmoran, Andres Aldana-Moreno, Jose Rosiles-Perez. Attached as Exhibit A to motion. (rm) (Entered: 01/30/2006)	Jan. 25, 2006	Jan. 25, 2006
12	DECLARATION of Marni Willenson filed by Jesus Santiago-Salmoran, Andres Aldana-Moreno, Jose Rosiles-Perez. Attached as Exhibit A to motion. (rm) (Entered: 01/30/2006)	Jan. 25, 2006	Jan. 25, 2006
13	CERTIFICATE of Good Standing issued by USDC/NDIL as to attorney Matthew J. Piers filed by Jesus Santiago-Salmoran, Andres Aldana-Moreno, Jose Rosiles-Perez. Attached as Exhibit B to motion. (rm) (Entered: 01/30/2006)	Jan. 25, 2006	Jan. 25, 2006
14	DECLARATION of Matthew J. Piers filed by Jesus Santiago-Salmoran, Andres Aldana-Moreno, Jose Rosiles-Perez. Attached as Exhibit B to motion. (rm) (Entered: 01/30/2006)	Jan. 25, 2006	Jan. 25, 2006
15	CERTIFICATE of Good Standing issued by USDC/NDIL as to attorney Joshua Karsh filed by Jesus Santiago-Salmoran, Andres Aldana-Moreno, Jose Rosiles-Perez. Attached as Exhibit C to motion. (rm) Modified on 1/30/2006 (rm). (Entered: 01/30/2006)	Jan. 25, 2006	Jan. 25, 2006
16	DECLARATION of Joshua Karsh filed by Jesus Santiago-Salmoran, Andres Aldana-Moreno, Jose Rosiles-Perez. Attached as Exhibit C to motion. (rm) (Entered: 01/30/2006)	Jan. 25, 2006	Jan. 25, 2006
17	NOTICE of Initial Case Management Conference set for Monday, 3/20/2006 at 2:00 PM in Courtroom A859 before District Judge William J. Haynes. (rm) (Entered: 01/30/2006)	Jan. 25, 2006	Jan. 25, 2006
18	RECEIPT #100 108478 in the amount of $525.00 posted by pltfs Jesus Santiago-Salmoran, Andres Aldana-Moreno, Jose Rosiles-Perez re Motions to Appear Pro Hac Vice 4, 6, 8 and 10 . (km, ) (Entered: 01/30/2006)	Jan. 25, 2006	Jan. 25, 2006
	Summons issued as to Superior Forestry Service, Inc., Scott Barstow, William Ioup. (rm)	Jan. 25, 2006	Jan. 25, 2006
19	NOTICE of Filing Consents-to-Sue by Jesus Santiago-Salmoran, Andres Aldana-Moreno, Jose Rosiles-Perez (Attachment: (1) Consent forms)(rm) (Entered: 01/30/2006)	Jan. 26, 2006	Jan. 26, 2006
20	ORDER granting 2 Motion for Kristi Graunke to Appear Pro Hac Vice . Signed by Judge William J. Haynes on 1/31/06. (km, ) (Entered: 01/31/2006)	Jan. 31, 2006	Jan. 31, 2006
21	ORDER granting 4 Motion for James M. Knoepp to Appear Pro Hac Vice . Signed by Judge William J. Haynes on 1/31/06. (km, ) (Entered: 01/31/2006)	Jan. 31, 2006	Jan. 31, 2006
22	ORDER granting 6 Motion for Tim Freilich to Appear Pro Hac Vice . Signed by Judge William J. Haynes on 1/31/06. (km, ) (Entered: 01/31/2006)	Jan. 31, 2006	Jan. 31, 2006
23	ORDER granting 8 Motion for Mary Bauer to Appear Pro Hac Vice . Signed by Judge William J. Haynes on 1/31/06. (km, ) (Entered: 01/31/2006)	Jan. 31, 2006	Jan. 31, 2006
24	ORDER granting 10 Motion for Marni Willenson, Matthew J. Piers and Joshua Karsh to Appear Pro Hac Vice . Signed by Judge William J. Haynes on 1/31/06. (km, ) (Entered: 01/31/2006)	Jan. 31, 2006	Jan. 31, 2006
25	ORDER: Initial Conference set for 3/20/06 is reset for 3/10/2006 10:00 AM in Columbia before District Judge William J. Haynes. Signed by Judge William J. Haynes on 1/31/06. (km, ) (Entered: 01/31/2006)	Jan. 31, 2006	Jan. 31, 2006
26	SUMMONS returned executed by Jose Rosiles-Perez. Superior Forestry Service, Inc. served on 2/14/2006, answer due 3/6/2006. (Graunke, Kristi) (Entered: 02/21/2006)	Feb. 21, 2006	Feb. 21, 2006
27	SUMMONS returned executed by Jose Rosiles-Perez. William Ioup served on 2/14/2006, answer due 3/6/2006. (Graunke, Kristi) (Entered: 02/21/2006)	Feb. 21, 2006	Feb. 21, 2006
28	ORDER: Case Management Conference is reset for 3/31/2006 at 02:00 PM in Columbia before District Judge William J. Haynes. Signed by Judge William J. Haynes on 2/23/06. (km, ) (Entered: 02/23/2006)	Feb. 23, 2006	Feb. 23, 2006
29	ANSWER to Complaint with Jury Demand by Superior Forestry Service, Inc., William Ioup.(Bissinger, Fredrick) (Entered: 03/08/2006)	March 8, 2006	March 8, 2006
30	ANSWER to Complaint with Jury Demand by Superior Forestry Service, Inc., William Ioup.(hv) (Entered: 03/10/2006)	March 9, 2006	March 9, 2006
31	NOTICE by Superior Forestry Service, Inc., Scott Barstow, William Ioup of Service of Rule 26(a)(1) Initial Disclosures (Bissinger, Fredrick) (Entered: 03/17/2006)	March 17, 2006	March 17, 2006
32	MOTION for attorney J. Larry Stine to Appear Pro Hac Vice by Superior Forestry Service, Inc., William Ioup. Responses due by 4/6/2006 (Attachments: # 1 proposed order)(km, ) (PHV fee paid) (km, ). (Entered: 03/21/2006)	March 20, 2006	March 20, 2006
33	CERTIFICATE OF GOOD STANDING from USDC, ND/GA for James Larry Stine filed by Superior Forestry Service, Inc., William Ioup re: Motion [32}. (km, ) (Entered: 03/21/2006)	March 20, 2006	March 20, 2006
34	MOTION for attorney Paul Oliver to Appear Pro Hac Vice by Superior Forestry Service, Inc., William Ioup. Responses due by 4/6/2006 (Attachments: # 1 certificate from State Bar# 2 proposed order)(km, ) (PHV fee paid) (km, ). (Entered: 03/21/2006)	March 20, 2006	March 20, 2006
35	MOTION for attorney Elizabeth K. Dorminey to Appear Pro Hac Vice by Superior Forestry Service, Inc., William Ioup. Responses due by 4/6/2006 (Attachments: # 1 proposed order)(km, ) (PHV fee paid) (km, ). (Entered: 03/21/2006)	March 20, 2006	March 20, 2006
36	CERTIFICATE OF GOOD STANDING from USDC, ND/GA for Elizabeth K. Dorminey filed by Superior Forestry Service, Inc., William Ioup. (km, ) (Entered: 03/21/2006)	March 20, 2006	March 20, 2006
37	NOTICE of Hearing: Initial Case Management Conference reset for 4/11/2006 at 01:00 PM in Columbia before District Judge William J. Haynes. (dt) (Entered: 03/21/2006)	March 20, 2006	March 20, 2006
38	MOTION for attorney Danette Joslyn-Gaul to Appear Pro Hac Vice by Superior Forestry Service, Inc., William Ioup. Responses due by 4/6/2006 (Attachments: # 1 proposed order)(km, ) (PHV fee paid)(km, ). (Entered: 03/21/2006)	March 20, 2006	March 20, 2006
39	CERTIFICATE OF GOOD STANDING from USDC, ND/GA for Jacqueline Danette Joslyn-Gaul filed by Superior Forestry Service, Inc., William Ioup. (km, ) (Entered: 03/21/2006)	March 20, 2006	March 20, 2006
40	RECEIPT #100 109248 in the amount of $300.00 posted by Superior Forestry Service, Inc. and William Ioup re: Motions to Appear Pro Hac Vice, 32, 34, 38 and 38 . (km, ) (Entered: 03/22/2006)	March 21, 2006	March 21, 2006
41	NOTICE by Jose Rosiles-Perez filing of FLSA consent to sue (Graunke, Kristi) (Entered: 03/22/2006)	March 22, 2006	March 22, 2006
42	NOTICE by Jose Rosiles-Perez filing of consents to sue (Graunke, Kristi) (Entered: 03/24/2006)	March 24, 2006	March 24, 2006
43	MOTION to Certify Class by Jose Rosiles-Perez. Responses due by 4/13/2006 (Karsh, Joshua) (Entered: 03/27/2006)	March 27, 2006	March 27, 2006
44	MEMORANDUM in Support of 43 MOTION to Certify Class filed by Jose Rosiles-Perez. (Karsh, Joshua) (Entered: 03/27/2006)	March 27, 2006	March 27, 2006
45	Proposed Pretrial Order Certifying Class by Jose Rosiles-Perez. (Karsh, Joshua) (Entered: 03/27/2006)	March 27, 2006	March 27, 2006
46	CERTIFICATE OF SERVICE by Jose Rosiles-Perez re 44 Memorandum in Support, 43 MOTION to Certify Class (Karsh, Joshua) (Entered: 03/27/2006)	March 27, 2006	March 27, 2006
47	APPENDIX filed by Jesus Santiago-Salmoran, Andres Aldana-Moreno, Jose Rosiles-Perez re 44 Memorandum in Support, 43 Motion to Certify Class. (Attachments: # 1 Appendix Combined Appendix Part 2# 2 Appendix Combined Appendix Part 3# 3 Appendix Combined Appendix Part 4# 4 Appendix Combined Appendix Part 5# 5 Appendix Combined Appendix Part 6)(Willenson, Marni) (Entered: 03/27/2006)	March 27, 2006	March 27, 2006
48	MOTION to Proceed as a Collective Action and for Expedited Court-Supervised Notice re 47 Appendix, by Jesus Santiago-Salmoran, Andres Aldana-Moreno, Jose Rosiles-Perez. Responses due by 4/14/2006 (Attachments: # 1 Exh. A -- Proposed FLSA Notice and Consent Forms# 2 Proposed Order)(Willenson, Marni) (Entered: 03/28/2006)	March 28, 2006	March 28, 2006
49	MEMORANDUM in Support of 48 MOTION to Proceed as a Collective Action and for Expedited Court-Supervised Notice re 47 Appendix, filed by Jesus Santiago-Salmoran, Andres Aldana-Moreno, Jose Rosiles-Perez. (Willenson, Marni) Modified text on 3/29/2006 (km, ). (Entered: 03/28/2006)	March 28, 2006	March 28, 2006
	NOTE TO FILERS: Re: Document Nos. 43-47; In the future, the proposed order should be filed as an attachment to the Motion and Declarations, if original should be filed as separate entries. (km, ) Modified text on 3/28/2006 (km, ).	March 28, 2006	March 28, 2006
50	MOTION for attorney Danette Joslyn-Gaul to Appear Pro Hac Vice by Superior Forestry Service, Inc.. Responses due by 4/17/2006 (Bissinger, Fredrick) (Entered: 03/29/2006)	March 29, 2006	March 29, 2006
51	MOTION for attorney Elizabeth K. Dorminey to Appear Pro Hac Vice by Superior Forestry Service, Inc.. Responses due by 4/17/2006 (Bissinger, Fredrick) (Entered: 03/29/2006)	March 29, 2006	March 29, 2006
52	MOTION for attorney J. Larry Stine to Appear Pro Hac Vice by Superior Forestry Service, Inc.. Responses due by 4/17/2006 (Bissinger, Fredrick) (Entered: 03/29/2006)	March 29, 2006	March 29, 2006
53	MOTION for attorney Paul Oliver to Appear Pro Hac Vice by Superior Forestry Service, Inc.. Responses due by 4/17/2006 (Attachments: # 1 Certificate of Good Standing)(Bissinger, Fredrick) (Entered: 03/29/2006)	March 29, 2006	March 29, 2006
54	NOTICE to Take Deposition of Martin Cervantes-Espejo, Juan Hernandez-Hernandez, Jose Isidro Lagunes-Montero, Jose De Jesus Lagunes-Montero, Antonio Martinez-Bringas, Lazaro Montero-Barradas, Maurilio Morales-Carrillo, Vito Morales-Ojeda and Hector Ortiz-Mora AND Request for the production of documents by Superior Forestry Service, Inc., William Ioup.(Bissinger, Fredrick) Modified text on 3/30/2006 (km, ). (Entered: 03/29/2006)	March 29, 2006	March 29, 2006
55	(DOCKETED IN ERROR-Discovery) RESPONSE to Discovery Request by Superior Forestry Service, Inc., William Ioup.(Bissinger, Fredrick) Modified on 3/30/2006 (km, ). (Entered: 03/29/2006)	March 29, 2006	March 29, 2006
56	AMENDED DOCUMENT by Superior Forestry Service, Inc., William Ioup. Amendment to 54 Notice to Take Deposition,. (Bissinger, Fredrick) (Entered: 03/30/2006)	March 30, 2006	March 30, 2006
57	ORDER granting 32 Motion for J. Larry Stine to Appear Pro Hac Vice . Signed by Judge William J. Haynes on 3/30/06. (km, ) (Entered: 03/31/2006)	March 30, 2006	March 30, 2006
58	ORDER granting 34 Motion for Paul Oliver to Appear Pro Hac Vice . Signed by Judge William J. Haynes on 3/30/06. (km, ) (Entered: 03/31/2006)	March 30, 2006	March 30, 2006
59	ORDER granting 35 Motion for Elizabeth K. Dorminey to Appear Pro Hac Vice . Signed by Judge William J. Haynes on 3/30/06. (km, ) (Entered: 03/31/2006)	March 30, 2006	March 30, 2006
60	ORDER granting 38 Motion for Danette Joslyn-Gaul to Appear Pro Hac Vice . Signed by Judge William J. Haynes on 3/30/06. (km, ) (Entered: 03/31/2006)	March 30, 2006	March 30, 2006
	NOTE TO FILER: Re: Document Nos. 50-54; In the future, a proposed order should be filed as an attachment not included with the motion. Certificates of Good Standing signed by a Clerk of a U.S. District Court must be filed for Attorneys Danette Joslyn-Gaul, Elizabeth K. Dorminey and J. Larry Stine and should be filed as separate entries using the event Certificate found under the category Other Documents. Re: Document No. 55; This is a scanned document. Scanning should be used ONLY for documents that do not exist in electronic format on your computer. (see section 8 - "Signatures" of our Administrative Practices and Procedures for Electronic Case Filing). Do not file discovery documents except in support of or in opposition to a motion or by order of the Court. See Discovery Documents in the Civil Menu for Attorney Users and Local rule 9(c)(1). (km, )	March 30, 2006	March 30, 2006
61	ORDER: Case Management Conference set for 3/31/06 is reset to 4/11/2006 at 01:00 PM in Columbia before District Judge William J. Haynes. Signed by Judge William J. Haynes on 3/30/06. (km, ) (Entered: 03/31/2006)	March 31, 2006	March 31, 2006
62	SUMMONS returned executed by Jose Rosiles-Perez. Scott Barstow served on 3/24/2006, answer due 4/13/2006. (Graunke, Kristi) (Entered: 03/31/2006)	March 31, 2006	March 31, 2006
63	NOTICE of Filing by Jose Rosiles-Perez FLSA Consents to Sue (Graunke, Kristi) (Entered: 03/31/2006)	March 31, 2006	March 31, 2006
64	NOTICE of Filing by Jose Rosiles-Perez FLSA Consent to Sue (Graunke, Kristi) (Entered: 04/06/2006)	April 6, 2006	April 6, 2006
65	MOTION for Extension of Time to File Response/Reply as to 44 Memorandum in Support, 49 Memorandum in Support,, 43 MOTION to Certify Class, 48 MOTION to Proceed as a Collective Action and for Expedited Court-Supervised Notice re 47 Appendix, by Superior Forestry Service, Inc., William Ioup. Responses due by 4/24/2006 (Bissinger, Fredrick) (Entered: 04/06/2006)	April 6, 2006	April 6, 2006
66	MEMORANDUM in Support of 65 MOTION for Extension of Time to File Response/Reply as to 44 Memorandum in Support, 49 Memorandum in Support,, 43 MOTION to Certify Class, 48 MOTION to Proceed as a Collective Action and for Expedited Court-Supervised Notice re 47 Appendix, filed by Superior Forestry Service, Inc., William Ioup. (Attachments: # 1 Exhibit Orders granting extension)(Bissinger, Fredrick) (Entered: 04/06/2006)	April 6, 2006	April 6, 2006
67	PROPOSED CASE MANAGEMENT ORDER filed by all parties. (Karsh, Joshua) (Entered: 04/06/2006)	April 6, 2006	April 6, 2006
68	NOTICE by Jose Rosiles-Perez re 67 Proposed Case Management Order (Karsh, Joshua) (Entered: 04/06/2006)	April 6, 2006	April 6, 2006
69	ORDER granting 65 Motion for Extension of Time to File Response/Reply. The length of the extension will be decided at the ICMC . Signed by Judge William J. Haynes on 4/7/06. (km, ) (Entered: 04/07/2006)	April 7, 2006	April 7, 2006
70	ANSWER to Complaint with Jury Demand by Scott Barstow.(Bissinger, Fredrick) (Entered: 04/11/2006)	April 11, 2006	April 11, 2006
71	TRANSCRIPT prepared by OCR Peggy Turner for Proceedings held on 4/11/06 before Judge Haynes.(This document is NOT available on-line. Contact the court reporter at 615-726-4893 to purchase a copy) (gi, ) (Entered: 04/13/2006)	April 12, 2006	April 12, 2006
72	TRANSCRIPT prepared by OCR Peggy Turner for Proceedings held on 4/11/06 before Judge Haynes.(This document is NOT available on-line. Contact the court reporter at 615-726-4893 to purchase a copy) (km, ) (Entered: 04/14/2006)	April 14, 2006	April 14, 2006
73	NOTICE of Filing by Jose Rosiles-Perez FLSA Consent to Sue (Graunke, Kristi) (Entered: 04/18/2006)	April 18, 2006	April 18, 2006
	NOTE TO FILER: Re: Document No. 73; In the future, Scanning should be used ONLY for documents that do not exist in electronic format on your computer. Examples of documents that may be scanned are police reports, executed contracts, or documents that contain signatures other than that of the filing user (see section 8 - "Signatures" of our Administrative Practices and Procedures for Electronic Case Filing). This document does not need to be Re-filed unless otherwise directed by the Court. (km, )	April 19, 2006	April 19, 2006
74	PROPOSED CASE MANAGEMENT ORDER PLAINTIFFS' MOTION FOR ENTRY OF AN ORDER FOR THE APRIL 11, 2006 INITIAL CASE MANAGEMENT CONFERENCE filed by all plaintiffs. (Attachments: # 1 Exhibit A through D)(Karsh, Joshua) (Entered: 04/27/2006)	April 27, 2006	April 27, 2006
	MOTION for entry of an order for the 4/11/06 ICMC by pltfs. Responses due by 5/15/2006. (Duplicate entry of Docket Entry #74 for internal tracking purposes) (km, )	April 27, 2006	April 27, 2006
75	RESPONSE filed by Superior Forestry Service, Inc., Scott Barstow, William Ioup re 74 Proposed Case Management Order filed by Jose Rosiles-Perez,, Jesus Santiago-Salmoran,, Andres Aldana-Moreno,, Rolando Hernandez-Palestino,, Jose Ramon Sanchez Martinez,, Joan Michel Sanchez,, Juan Sanchez Sanchez,, Ernesto Martinez,, Aaron Lopez-Marin,, Apolonio Lopez-Andres,, Ernesto Cruz-Ramirez,, Samuel Vasquez-Hernandez,, Rufino Vasquez-Ordaz,, Andres Lopez-Lopez,, Juan Lopez-Cruz, in Opposition to Plaintiffs' Motion for Entry of an Order for the April 11, 2006 Case Management Conference. (Attachments: # 1 Exhibit A - Proposed Case Management Order# 2 Exhibit B - Initial Case Management Conference Transcript)(Bissinger, Fredrick) (Entered: 04/28/2006)	April 28, 2006	April 28, 2006
	NOTE TO FILER: Re: Document No. 74; In the future, if the document is a Motion it should be filed using the category Motion. (km, )	April 28, 2006	April 28, 2006
76	REPLY filed by Jesus Santiago-Salmoran, Rolando Hernandez-Palestino, Jose Ramon Sanchez Martinez, Joan Michel Sanchez, Juan Sanchez Sanchez, Ernesto Martinez, Andres Aldana-Moreno, Aaron Lopez-Marin, Apolonio Lopez-Andres, Ernesto Cruz-Ramirez, Samuel Vasquez-Hernandez, Rufino Vasquez-Ordaz, Jose Rosiles-Perez, Andres Lopez-Lopez, Juan Lopez-Cruz re 74 Proposed Case Management Order filed by Jose Rosiles-Perez,, Jesus Santiago-Salmoran,, Andres Aldana-Moreno,, Rolando Hernandez-Palestino,, Jose Ramon Sanchez Martinez,, Joan Michel Sanchez,, Juan Sanchez Sanchez,, Ernesto Martinez,, Aaron Lopez-Marin,, Apolonio Lopez-Andres,, Ernesto Cruz-Ramirez,, Samuel Vasquez-Hernandez,, Rufino Vasquez-Ordaz,, Andres Lopez-Lopez,, Juan Lopez-Cruz,. (Attachments: # 1 Exhibit A)(Karsh, Joshua) (Entered: 05/02/2006)	May 2, 2006	May 2, 2006
77	CASE MANAGEMENT ORDER NO. 1: Case management conference held 4/11/06 . Signed by Judge William J. Haynes on 5/2/06. (km, ) (Entered: 05/02/2006)	May 2, 2006	May 2, 2006
78	ORDER: Motion for entry of an order for the 4/11/06 ICMC is granted as modified in the companion Order. Signed by Judge William J. Haynes on 5/2/06. (km, ) (Entered: 05/02/2006)	May 2, 2006	May 2, 2006
79	NOTICE to Take Deposition of Jose Rosiles-Perez, Jesus Santiago-Salmoran and Hector Ortiz-Mora by Superior Forestry Service, Inc., Scott Barstow, William Ioup.(Bissinger, Fredrick) (Entered: 05/08/2006)	May 8, 2006	May 8, 2006
80	Emergency MOTION for Protective Order by Jesus Santiago-Salmoran, Jose Ramon Sanchez Martinez, Joan Michel Sanchez, Andres Aldana-Moreno, Jose Rosiles-Perez. Responses due by 5/26/2006 (Attachments: # 1 Proposed Order Proposed Order Re E. Gonzalez# 2 Proposed Order Proposed Protective Order# 3 Exhibit A Decl of J. Ramon Sanchez M.# 4 Exhibit B Decl of J. Michel Sanchez M.)(Willenson, Marni) (Entered: 05/09/2006)	May 9, 2006	May 9, 2006
81	DECLARATION of Marni Willenson in Support of Pls' Emergency Motion for a Protective Order filed by Jesus Santiago-Salmoran, Jose Ramon Sanchez Martinez, Joan Michel Sanchez, Andres Aldana-Moreno, Jose Rosiles-Perez re: 80 . (Willenson, Marni) (Entered: 05/09/2006)	May 9, 2006	May 9, 2006
82	MEMORANDUM in Support of 80 Emergency MOTION for Protective Order filed by Jesus Santiago-Salmoran, Jose Ramon Sanchez Martinez, Joan Michel Sanchez, Andres Aldana-Moreno, Jose Rosiles-Perez. (Attachments: # 1 Exhibit LEXIS and Westlaw Decisions)(Willenson, Marni) (Entered: 05/09/2006)	May 9, 2006	May 9, 2006
83	NOTICE of Filing by Jesus Santiago-Salmoran, Jose Ramon Sanchez Martinez, Joan Michel Sanchez, Andres Aldana-Moreno, Jose Rosiles-Perez re 81 Declaration, 80 Emergency MOTION for Protective Order Certificates of Service for Docket Nos. 80 & 81 (Willenson, Marni) (Entered: 05/10/2006)	May 10, 2006	May 10, 2006
	NOTE TO FILER: Re: Document Nos. 80-81; In the future a declaration, if original, should be filed as a separate docket entry. Also a certificate of service needs to filed re: Docket Entry Nos. 80 & 81. (km, )	May 10, 2006	May 10, 2006
84	MOTION to Clarify re 80 Emergency MOTION for Protective Order by Superior Forestry Service, Inc., Scott Barstow, William Ioup. (Attachments: # 1 Proposed Order to Respond to Plaintiffs' Emergency Motion for Protective Order)(Bissinger, Fredrick) (Entered: 05/12/2006)	May 12, 2006	May 12, 2006
85	ORDER: Defts' response to Pltfs' Emergency Motion for Protective Order shall be filed no later than 5/17/06 . Signed by Judge William J. Haynes on 5/15/06. (km, ) (Entered: 05/15/2006)	May 15, 2006	May 15, 2006
86	RESPONSE in Opposition re 80 Emergency MOTION for Protective Order filed by Superior Forestry Service, Inc., Scott Barstow, William Ioup. (Attachments: # 1 Case Recinos-Recinos v. Express Forestry# 2 USDC v. Albertson's Inc.# 3 USDC v. Delaware Solid Waste Authority# 4 Alvarado v. R&W Farms# 5 Declaration of Enrique Gonzalez# 6 Declaration of Jesus Flores# 7 2d Declaration of Enrique Gonzalez# 8 Declaration of J. Larry Stine)(Stine, J.) (Entered: 05/17/2006)	May 17, 2006	May 17, 2006
87	(DOCKETED IN ERROR- See Docket Entry No. 86) RESPONSE in Opposition re 80 Emergency MOTION for Protective Order filed by Superior Forestry Service, Inc., Scott Barstow, William Ioup. (Attachments: # 1 Recinos-Recinos v. Express Forestry# 2 Babbitt v. Albertson's Inc.# 3 Jennifer v. Delaware Solid Waste Authority# 4 Alvarado v. R&W Farms# 5 Declaration of Enrique Gonzalez# 6 Declaration of Jesus Florez# 7 2d Declaration of Enrique Gonzalez# 8 Declaration of J. Larry Stine)(Stine, J.) (Entered: 05/17/2006)	May 17, 2006	May 17, 2006
	NOTE TO FILER: Re: Document No. 86; In the future, declarations if original should be filed as a separate docket entry and must contain an original signature. Also, exhibits should be filed as an attachment not included with the declaration. (km, )	May 18, 2006	May 18, 2006
88	REPLY filed by Jesus Santiago-Salmoran, Rolando Hernandez-Palestino, Jose Ramon Sanchez Martinez, Joan Michel Sanchez, Juan Sanchez Sanchez, Ernesto Martinez, Andres Aldana-Moreno, Aaron Lopez-Marin, Apolonio Lopez-Andres, Ernesto Cruz-Ramirez, Samuel Vasquez-Hernandez, Rufino Vasquez-Ordaz, Jose Rosiles-Perez, Andres Lopez-Lopez, Juan Lopez-Cruz re 80 Motion for Protective Order, filed by Jose Rosiles-Perez,, Jesus Santiago-Salmoran,, Andres Aldana-Moreno,, Jose Ramon Sanchez Martinez,, Joan Michel Sanchez,. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Karsh, Joshua) (Entered: 05/23/2006)	May 23, 2006	May 23, 2006
89	DECLARATION of Second Declaration of Marni Willenson in Support of Plaintiffs' Emergency Motion For A Protective Order filed by Jesus Santiago-Salmoran, Rolando Hernandez-Palestino, Jose Ramon Sanchez Martinez, Joan Michel Sanchez, Juan Sanchez Sanchez, Ernesto Martinez, Andres Aldana-Moreno, Aaron Lopez-Marin, Apolonio Lopez-Andres, Ernesto Cruz-Ramirez, Samuel Vasquez-Hernandez, Rufino Vasquez-Ordaz, Jose Rosiles-Perez, Andres Lopez-Lopez, Juan Lopez-Cruz re: 88 . (Attachments: # 1 Exhibit 1)(Karsh, Joshua) (Entered: 05/23/2006)	May 23, 2006	May 23, 2006
90	ORDER granting 80 Motion for Protective Order re Agent Enrique Gonzalez. Signed by Judge William J. Haynes on 5/23/06. (hv) (Entered: 05/24/2006)	May 23, 2006	May 23, 2006
91	PROTECTIVE ORDER signed by Judge William J. Haynes on 5/23/06. (hv) (Entered: 05/24/2006)	May 23, 2006	May 23, 2006
	NOTE TO FILER: Re: Document No. 88; Scanning should be used ONLY for documents that do not exist in electronic format on your computer. Examples of documents that may be scanned are police reports, executed contracts, or documents that contain signatures other than that of the filing user (see section 8 - "Signatures" of our Administrative Practices and Procedures for Electronic Case Filing). This document does not need to be Re-filed unless otherwise directed by the Court. (km, )	May 24, 2006	May 24, 2006

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Case Details

State / Territory:

Tennessee

Case Type(s):

Immigration and/or the Border

Labor Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 25, 2006

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All non-supervisory workers admitted as H-2B temporary foreign workers and who were employed by Superior Forestry Service, Inc. at any time from January 2000 to the present.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Private Entity/Person

Superior Forestry Service Inc.

Case Details

Causes of Action:

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

Migrant and Seasonal Agricultural Workers Protection Act, 29 U.S.C. §§ 1801-1871

Other Dockets:

Middle District of Tennessee 1:06-cv-00006

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary 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

Amount Defendant Pays: $2,200,000

Issues

Immigration/Border:

Employer sanctions

Employment

Temporary foreign workers program

Recommended Citation

Case Summary of Rosiles-Perez v. Superior Forestry Service, Inc., Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/10568/ (last updated 7/10/2012).