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

Clearinghouse coding complete

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 plain…

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.

Summary Authors

Christopher Schad (7/10/2012)

People

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


Judge(s)

Haynes, William Joseph Jr. (Tennessee)

Attorneys(s) 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)

Judge(s)

Haynes, William Joseph Jr. (Tennessee)

Attorneys(s) 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)

Attorneys(s) 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)

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]

2007 WL 325784, 2007 U.S.Dist.LEXIS 8194

Jan. 31, 2007

Jan. 31, 2007

Order/Opinion
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]

250 F.R.D. 332

March 28, 2008

March 28, 2008

Order/Opinion
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

Resources

Docket

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

Last updated July 20, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
167

MEMORANDUM . Signed by Judge William J. Haynes on 1/31/07. (Attachments: # 1 text searchable document)(km, )

1 text searchable document

View on PACER

Jan. 31, 2007

Jan. 31, 2007

RECAP
305

MEMORANDUM. Signed by Judge William J. Haynes Jr. on 3/28/08. (km) # 1 text searchable document (km).

1 text searchable document

View on PACER

March 28, 2008

March 28, 2008

RECAP
306

ORDER: In accordance with the Memorandum filed herewith, Pltf's renewed motion for class certification and to appoint counsel 221 is granted. Counsel of record for the pltfs are appointed to represent the class. Pltfs are directed to provide & quot;the best notice practicable" for class members, pursuant to FRCP 23(c)(2). Defts' motion for protective order limited discovery 111 is denied. Pltfs' unopposed motion for scheduling order on their renewed motion for class certification 211 is denied as moot. Signed by Judge William J. Haynes Jr. on 3/28/08. (km) # 1 text searchable document) (km).

1 text searchable document

View on PACER

March 28, 2008

March 28, 2008

RECAP
492

MEMORANDUM. Signed by District Judge William J. Haynes, Jr on 7/28/09. (Attachments: # 1 text searchable document)(km)

1 text searchable document

View on PACER

July 28, 2009

July 28, 2009

RECAP
493

ORDER: In accordance with the Memorandum, the Pltfs' third motion for contempt 387 and for Defts' additional violations of the Court's May 23rd protective order and their interference with the remedies imposed in the Court's prior contempt orders (Docket Entry Nos. 349 and 350) is granted. Signed by District Judge William J. Haynes, Jr on 7/28/09. (Attachments: # 1 text searchable document)(km)

1 text searchable document

View on PACER

July 28, 2009

July 28, 2009

RECAP

Case Details

State / Territory: Tennessee

Case Type(s):

Immigration and/or the Border

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

Superior Forestry Service Inc., Private Entity/Person

Case Details

Causes of Action:

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

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

Amount Defendant Pays: $2,200,000

Order Duration: 2010 - None

Issues

Immigration/Border:

Employer sanctions

Employment

Temporary foreign workers program