Case: Salinas-Rodriguez v. Alpha Services, Inc.

3:05-cv-00440 | U.S. District Court for the Southern District of Mississippi

Filed Date: July 18, 2005

Closed Date: May 19, 2008

Clearinghouse coding complete

Case Summary

On July 18, 2005, a group of migrant forestry workers admitted to the U.S. under the H-2B foreign worker program filed suit against their employer Alpha Services, L.L.C., in the U.S. District Court for the Southern District of Mississippi, alleging violations of the Fair Labor Standards Act (29 U.S.C. §§ 201-219) and the Migrant and Seasonal Agricultural Workers Protection Act (29 U.S.C. §§ 1801-1871). The plaintiffs alleged that Alpha and its officers failed to pay the plaintiffs the statutor…

On July 18, 2005, a group of migrant forestry workers admitted to the U.S. under the H-2B foreign worker program filed suit against their employer Alpha Services, L.L.C., in the U.S. District Court for the Southern District of Mississippi, alleging violations of the Fair Labor Standards Act (29 U.S.C. §§ 201-219) and the Migrant and Seasonal Agricultural Workers Protection Act (29 U.S.C. §§ 1801-1871). The plaintiffs alleged that Alpha and its officers failed to pay the 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, Immigrant Justice Project, and private firms represented the plaintiffs.

On December 27, 2005, the District Court (Judge William H. Barbour Jr.) conditionally certified the plaintiffs' FLSA claim as a collective action. The class consisted of "[a]ll non-supervisory workers admitted as H-2B temporary foreign workers pursuant to 8 U.S.C. § 1101(a)(15)(H)(ii)(b), who were employed by the Defendants between December 27, 2002 through present." 2005 WL 3557178. Shortly thereafter, the parties engaged in settlement negotiations, which resulted in a resolution of the case.

As part of the settlement, Alpha agreed to pay the named plaintiffs $6,000 each, opt-in plaintiffs between $500 and $3,000 each, and class members $200 each. In addition, Alpha agreed to the following:

1. entry of a Consent Decree ensuring compliance with the federal migrant worker laws;

2. periodic audits by workers and supervisors to monitor Alpha's compliance, along with granting plaintiffs' attorneys access to audits and other company records;

3. not require workers to surrender their passports or other identification documents to the company or its agents;

4. not require deeds, deposits or collateral of any kind as a condition of employment; and,

5. not retaliate against the plaintiffs in any way.

The Court approved the settlement and entered a Consent Order on September 6, 2006. The Court agreed to retain jurisdiction until December 31, 2007, in order to oversee enforcement of the settlement.

Some disputes broke out during the implementation period about whether certain class members had opted in or not, which affected how much money they would receive under the settlement. The disputes were resolved by early 2008, and the court dismissed the case with prejudice on May 19, 2008. It is now closed.

Summary Authors

Gregory Pitt (7/18/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4301720/parties/salinas-rodriquez-v-alpha-services-inc/


Judge(s)

Anderson, Linda (California)

Barbour, William Henry Jr. (Mississippi)

Attorneys(s) for Plaintiff

Bauer, Mary C. (Virginia)

Bruner, Kelley McNair (Alabama)

Conrad, Richard T. (Mississippi)

Turner, Andrew Hess (Alabama)

Attorneys(s) for Defendant

Crutcher, R. Pepper Jr. (Mississippi)

Dorminey, Elizabeth K. (Georgia)

Oliver, Paul (Georgia)

Stine, James Larry (Georgia)

Judge(s)

Anderson, Linda (California)

Barbour, William Henry Jr. (Mississippi)

Attorneys(s) for Plaintiff

Bauer, Mary C. (Virginia)

Bruner, Kelley McNair (Alabama)

Conrad, Richard T. (Mississippi)

Turner, Andrew Hess (Alabama)

Attorneys(s) for Defendant

Crutcher, R. Pepper Jr. (Mississippi)

Dorminey, Elizabeth K. (Georgia)

Oliver, Paul (Georgia)

Stine, James Larry (Georgia)

Documents in the Clearinghouse

Document

Docket (PACER)

May 19, 2008 Docket
70-2

First Amended Complaint

Dec. 22, 2005 Complaint
71

Opinion & Order

2005 WL 3557178, 2005 U.S.Dist.LEXIS 39673

Dec. 27, 2005 Order/Opinion
105-2

Settlement Agreement

Salinas-Rodriguez v. Alpha Services

Sept. 1, 2006 Settlement Agreement
106

Consent Order

Sept. 6, 2006 Order/Opinion

Resources

Title Description External URL

Federico Salinas-Rodriguez v. Alpha Services, Inc.

Southern Poverty Law Center

This class action lawsuit against Alpha Services was brought for violations of minimum wage and overtime protections, and for other violations of the Migrant and Seasonal Agricultural Worker Protecti… Sept. 6, 2006 https://www.splcenter.org/seeking-justice/case-docket/federico-salinas-rodriguez-v-alpha-services-inc

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4301720/salinas-rodriquez-v-alpha-services-inc/

Last updated May 13, 2022

ECF Number Description Date Link
15

Case transferred in from District of Arkansas, Eldorado Division; Case Number 05-1033. Original file with documents numbered 1 thru 14, certified copy of transfer order and docket sheet received., filed by Alpha Services, Inc., Robert Wade Zaharie. (Attachments: # 1 Supplement # 2 # 3 Supplement # 4 Supplement)(lbt, ) (Entered: 07/19/2005)

2 Supplement

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4 Supplement

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5 Supplement

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July 18, 2005 PACER
23

Response/REPLY in Support Document #10 re 15 Case transferred in from District of Arkansas, Eldorado Division; Case Number 05-1033. Original file with documents numbered 1 thru 14, certified copy of transfer order and docket sheet received., filed by Alpha Services, Inc., Robert Wade Zaharie. (Attachments: # 1 Supplement # 2 # 3 Supplement # 4 Supplement)(lbt, ) filed by Javier Astello-Mendez, Marco Antonio Salinas, Ramiro Gonzalez-Felipe, Jose Isabel Lopez-Sanchez, Caimiro Rodriguez-Garcia, J Jesus Lopez-Sanchez, Roberto Salinas-Castro, Federico Salinas-Rodriquez, Malaques Astello-Guevara, Juan Hernandez-Hernandez, Valentin Salinas-Castro. (lbt) (Entered: 07/20/2005)

July 18, 2005 PACER
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NOTICE of Appearance by Richard T. Conrad, III on behalf of Javier Astello-Mendez, Marco Antonio Salinas, Ramiro Gonzalez-Felipe, Jose Isabel Lopez-Sanchez, Caimiro Rodriguez-Garcia, J Jesus Lopez-Sanchez, Roberto Salinas-Castro, Federico Salinas-Rodriquez, Malaques Astello-Guevara, Juan Hernandez-Hernandez, Valentin Salinas-Castro (lbt) (Entered: 07/19/2005)

July 18, 2005 PACER
17

MOTION for Mary Bauer to Appear Pro Hac Vice by Javier Astello-Mendez, Marco Antonio Salinas, Ramiro Gonzalez-Felipe, Jose Isabel Lopez-Sanchez, Caimiro Rodriguez-Garcia, J Jesus Lopez-Sanchez, Roberto Salinas-Castro, Federico Salinas-Rodriquez, Malaques Astello-Guevara, Juan Hernandez-Hernandez, Valentin Salinas-Castro. (lbt) (Entered: 07/19/2005)

July 18, 2005 PACER
18

MOTION for Kelley M. Bruner to Appear Pro Hac Vice by Javier Astello-Mendez, Marco Antonio Salinas, Ramiro Gonzalez-Felipe, Jose Isabel Lopez-Sanchez, Caimiro Rodriguez-Garcia, J Jesus Lopez-Sanchez, Roberto Salinas-Castro, Federico Salinas-Rodriquez, Malaques Astello-Guevara, Juan Hernandez-Hernandez, Valentin Salinas-Castro. (lbt) (Entered: 07/19/2005)

July 18, 2005 PACER
19

MOTION for Andrew Turner to Appear Pro Hac Vice by Javier Astello-Mendez, Marco Antonio Salinas, Ramiro Gonzalez-Felipe, Jose Isabel Lopez-Sanchez, Caimiro Rodriguez-Garcia, J Jesus Lopez-Sanchez, Roberto Salinas-Castro, Federico Salinas-Rodriquez, Malaques Astello-Guevara, Juan Hernandez-Hernandez, Valentin Salinas-Castro. (lbt) (Entered: 07/19/2005)

July 18, 2005 PACER
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MOTION to File Amended Answer to Document #7 15 Case Transferred In - District Transfer, by Alpha Services, Inc., Robert Wade Zaharie. (lbt, ) (Entered: 07/19/2005)

July 18, 2005 PACER
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ORDER STAYING CASE pending a ruling on the Motion for Class Certification. Signed by Judge Alfred G. Nicols on July 19, 2005. (wg, ) (Entered: 07/19/2005)

July 19, 2005 PACER
24

ATTACHMENT #1Defendants Opposition to Plaintiffs' Motion to Invalidate Defendants' Offer of Jment; #2Memorandum of Law in Support of Plaintiffs' Motion to Invalidate Defts' Second Offer of Jment; #3Plaintiffs' Motion to Invalidate Dfts' Second Offer of Jment; #4Memorandum of Law in Support of Plts' Motion to Invalidate Defts' Second Offer Jment; and #5Defts' Motion to Strike Plfts' Motion for Certification of Class Action or, in the Alternative, for Additional Time to Respond re 15 Case Transferred In - District Transfer,. (Attachments: # 1 # 2 # 3 # 4)(lbt, ) (Entered: 07/20/2005)

July 19, 2005 PACER
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ATTACHMENTS re 15 Case Transferred In - District Transfer,. (Attachments: # 1 # 2 # 3 # 4)(lbt) (lbt, ). (Entered: 07/20/2005)

July 19, 2005 PACER
25

MOTION for Discovery Scheduling Conference Related to Plaintiffs' Motion for Certification of Class Action and For Additional Time to Respond to Motion for Class Certification by Alpha Services, Inc., Robert Wade Zaharie. (Crutcher, R.) (Entered: 07/22/2005)

July 22, 2005 PACER
26

MEMORANDUM in Support re 25 MOTION for Discovery Scheduling Conference Related to Plaintiffs' Motion for Certification of Class Action and For Additional Time to Respond to Motion for Class Certification filed by Alpha Services, Inc., Robert Wade Zaharie. (Crutcher, R.) (Entered: 07/22/2005)

July 22, 2005 PACER
27

RESPONSE in Opposition re 25 MOTION for Discovery Scheduling Conference Related to Plaintiffs' Motion for Certification of Class Action and For Additional Time to Respond to Motion for Class Certification related to 22 Defendants' Motion to Strike Plaintiffs' Motion for Certification of Class Action filed by Javier Astello-Mendez, Marco Antonio Salinas, Ramiro Gonzalez-Felipe, Jose Isabel Lopez-Sanchez, Caimiro Rodriguez-Garcia, J Jesus Lopez-Sanchez, Roberto Salinas-Castro, Federico Salinas-Rodriquez, Malaques Astello-Guevara, Juan Hernandez-Hernandez, Valentin Salinas-Castro. (Conrad, Richard) (Entered: 07/22/2005)

July 22, 2005 PACER
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RESPONSE in Opposition re 24 Attachment,, 5, Defendants' Motion to Strike Plaintiffs' Motion for Certification of Class Action, or in the Alternative, for Additional Time to Respond filed by Javier Astello-Mendez, Marco Antonio Salinas, Ramiro Gonzalez-Felipe, Jose Isabel Lopez-Sanchez, Caimiro Rodriguez-Garcia, J Jesus Lopez-Sanchez, Roberto Salinas-Castro, Federico Salinas-Rodriquez, Malaques Astello-Guevara, Juan Hernandez-Hernandez, Valentin Salinas-Castro. (Conrad, Richard) (Entered: 07/25/2005)

July 25, 2005 PACER
29

NOTICE of Service of Disclosure by Alpha Services, Inc., Robert Wade Zaharie.(Crutcher, R.) (Entered: 07/28/2005)

July 28, 2005 PACER
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NOTICE of Service of Disclosure by Javier Astello-Mendez, Marco Antonio Salinas, Ramiro Gonzalez-Felipe, Jose Isabel Lopez-Sanchez, Caimiro Rodriguez-Garcia, J Jesus Lopez-Sanchez, Roberto Salinas-Castro, Federico Salinas-Rodriquez, Malaques Astello-Guevara, Juan Hernandez-Hernandez, Valentin Salinas-Castro.(Conrad, Richard) (Entered: 07/28/2005)

July 28, 2005 PACER
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NOTICE of Service of Interrogatories by Javier Astello-Mendez, Marco Antonio Salinas, Ramiro Gonzalez-Felipe, Jose Isabel Lopez-Sanchez, Caimiro Rodriguez-Garcia, J Jesus Lopez-Sanchez, Roberto Salinas-Castro, Federico Salinas-Rodriquez, Malaques Astello-Guevara, Juan Hernandez-Hernandez, Valentin Salinas-Castro.(Conrad, Richard) (Entered: 07/29/2005)

July 29, 2005 PACER
32

RESPONSE to Motion re 20 MOTION to Amend/Correct 15 Case Transferred In - District Transfer, filed by Federico Salinas-Rodriquez. (Bruner - PHV, Kelley) (Entered: 08/04/2005)

Aug. 4, 2005 PACER
33

MOTION for Elizabeth K. Dorminey to Appear Pro Hac Vice by Alpha Services, Inc., Robert Wade Zaharie. (Crutcher, R.) (Entered: 08/05/2005)

Aug. 5, 2005 PACER
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MOTION for Paul Oliver to Appear Pro Hac Vice by Alpha Services, Inc., Robert Wade Zaharie. (Crutcher, R.) (Entered: 08/05/2005)

Aug. 5, 2005 PACER
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MOTION for James Larry Stine to Appear Pro Hac Vice by Alpha Services, Inc., Robert Wade Zaharie. (Crutcher, R.) (Entered: 08/05/2005)

Aug. 5, 2005 PACER
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MOTION for Leave to File Response to Plaintiffs' Motion to Invalidate Defendants' Second Offer of Judgment Out of Time by Alpha Services, Inc., Robert Wade Zaharie. (Crutcher, R.) (Entered: 08/05/2005)

Aug. 5, 2005 PACER
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MEMORANDUM in Support re 36 MOTION for Leave to File Response to Plaintiffs' Motion to Invalidate Defendants' Second Offer of Judgment Out of Time filed by Alpha Services, Inc., Robert Wade Zaharie. (Crutcher, R.) (Entered: 08/05/2005)

Aug. 5, 2005 PACER
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RESPONSE to Motion re 25 MOTION for Discovery Scheduling Conference Related to Plaintiffs' Motion for Certification of Class Action and For Additional Time to Respond to Motion for Class Certification filed by Federico Salinas-Rodriquez. (Bruner - PHV, Kelley) (Entered: 08/08/2005)

Aug. 8, 2005 PACER
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ORDER granting [#20] Defendants' Motion to File Amended Answer. Signed by Judge Alfred G. Nicols on August 10, 2005. ACF (Entered: 08/10/2005)

Aug. 10, 2005 PACER
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ORDER granting Defendants' Motion to File Amended Answer [#20] and granting Defendants' request for a jury trial. Signed by Judge Alfred G. Nicols on August 17, 2005. ACF (Entered: 08/17/2005)

Aug. 17, 2005 PACER
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AMENDED ANSWER to Complaint by Alpha Services, Inc., Robert Wade Zaharie. (Crutcher, R.) (Entered: 08/19/2005)

Aug. 19, 2005 PACER
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RESPONSE in Opposition re 36 MOTION for Leave to File Response to Plaintiffs' Motion to Invalidate Defendants' Second Offer of Judgment Out of Time filed by Federico Salinas-Rodriquez. (Bruner - PHV, Kelley) (Entered: 08/22/2005)

Aug. 22, 2005 PACER
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AGREED SCHEDULING ORDER re Status Conference. Signed by Judge William H. Barbour Jr. on 9/9/05. (Moore, Janet) (Entered: 09/12/2005)

Sept. 9, 2005 PACER
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MOTION to Invalidate defendants' Third Offer of Judgment by Malaques Astello-Guevara, et al. (THR, ) (Entered: 09/12/2005)

Sept. 12, 2005 PACER
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RESPONSE in Support re 43 MOTION to Invalidate defendants' Third Offer of Judgment filed by Malaques Astello-Guevara, et al. (THR, ) (Entered: 09/12/2005)

Sept. 12, 2005 PACER
46

MOTION for Collective Action by Federico Salinas-Rodriquez. (Attachments: # 1 Memorandum of Law# 2 Exhibit Exhibit 1 to Motion# 3 Exhibit Exhibit 1 to Memorandum# 4 Exhibit Exhibit 2 to Memorandum# 5 Exhibit Exhibit 3A to Memorandum# 6 Exhibit Exhibit 3B to Memorandum# 7 Exhibit Exhibit 4 to Memorandum# 8 Exhibit Exhibit 5 to Memorandum# 9 Exhibit Exhibit 6 to Memorandum# 10 Exhibit Exhibit 7 to Memorandum# 11 Exhibit Exhibit 8 to Memorandum# 12 Exhibit Exhibit 9 to Memorandum)(Bauer - PHV, Mary) (Entered: 09/14/2005)

2 Memorandum of Law

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3 Exhibit Exhibit 1 to Motion

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4 Exhibit Exhibit 1 to Memorandum

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5 Exhibit Exhibit 2 to Memorandum

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6 Exhibit Exhibit 3A to Memorandum

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7 Exhibit Exhibit 3B to Memorandum

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8 Exhibit Exhibit 4 to Memorandum

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10 Exhibit Exhibit 6 to Memorandum

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12 Exhibit Exhibit 8 to Memorandum

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13 Exhibit Exhibit 9 to Memorandum

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Sept. 14, 2005 PACER
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ORDER granting 36 Motion for Leave to File Response to Plaintiffs' Motion to Invalidate Defendants' Second Offer of Judgment, denying as moot 25 Motion for Scheduling Conference re Discovery. Signed by Judge William H. Barbour Jr. on 09/19/05. (Hill, Margie) (Entered: 09/19/2005)

Sept. 19, 2005 PACER
48

NOTICE of Re-Filing by Federico Salinas-Rodriquez (Attachments: # 1 Motion to Invalidate Defendants' Offer of Judgment# 2 Memo in Support of Motion to Invalidate Defendants' Offer of Judgment# 3 Exhibit 1 to Memo in Support)(Bruner - PHV, Kelley) (Entered: 09/20/2005)

2 Motion to Invalidate Defendants' Offer of Judgment

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3 Memo in Support of Motion to Invalidate Defendants' Offer of Judgment

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4 Exhibit 1 to Memo in Support

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Sept. 20, 2005 PACER
49

Corporate Disclosure Statement by Alpha Services, Inc..(Crutcher, R.) (Entered: 09/29/2005)

Sept. 29, 2005 PACER
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NOTICE of Filing Consents to Sue by Federico Salinas-Rodriquez (Attachments: # 1 FLSA Consent to Sue Form# 2 FLSA Consent to Sue Form)(Bruner - PHV, Kelley) (Entered: 10/05/2005)

2 FLSA Consent to Sue Form

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3 FLSA Consent to Sue Form

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Oct. 5, 2005 PACER
51

NOTICE to Take Deposition of Federico Salinas-Rodriguez; Roberto Salinas-Castro; Valentin Salinas-Castro by Alpha Services, Inc., Robert Wade Zaharie.(Stine - PHV, James) (Entered: 10/20/2005)

Oct. 20, 2005 PACER
52

MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Preliminary Certification of Collective Action by Alpha Services, Inc., Robert Wade Zaharie. (Stine - PHV, James) (Entered: 10/25/2005)

Oct. 25, 2005 PACER
53

MOTION for Extension of Time to File Response/Reply to Plainitff's Motion for Preliminary Certification of Collective Action by Alpha Services, Inc., Robert Wade Zaharie. (Stine - PHV, James) (Entered: 10/27/2005)

Oct. 27, 2005 PACER
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NOTICE to Take Deposition of Federico Salinas-Rodriguez; Roberto Salinas-Castro; Valentin Salinas-Castro by Alpha Services, Inc., Robert Wade Zaharie.(Stine - PHV, James) (Entered: 10/27/2005)

Oct. 27, 2005 PACER
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NOTICE to Take Deposition of Juan Hernandez-Hernandez; Casimiro Garcia-Rodriguez; Marco Antonio Salinas-Rodriguez; Jose Jesus Lopez Sanchez; Ramiro Gonzalez-Felipe by Alpha Services, Inc., Robert Wade Zaharie.(Stine - PHV, James) (Entered: 10/27/2005)

Oct. 27, 2005 PACER
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NOTICE to Take Deposition of Javier Astello-Mendez; Malaquias Astello-Guevara; Jose Isabel Lopez-Sanchez by Alpha Services, Inc., Robert Wade Zaharie.(Stine - PHV, James) (Entered: 10/27/2005)

Oct. 27, 2005 PACER
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NOTICE to Take Deposition (Amended) of Federico Salinas-Rodriguez by Alpha Services, Inc., Robert Wade Zaharie.(Stine - PHV, James) (Entered: 11/02/2005)

Nov. 2, 2005 PACER
58

NOTICE to Take Deposition (Amended) of Juan Hernandez-Hernandez; Marco Antonio Salinas-Rodriguea by Alpha Services, Inc., Robert Wade Zaharie.(Stine - PHV, James) (Entered: 11/02/2005)

Nov. 2, 2005 PACER
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NOTICE to Take Deposition (2nd Amended) of Federico Salinas-Rodriguez by Alpha Services, Inc., Robert Wade Zaharie.(Stine - PHV, James) (Entered: 11/04/2005)

Nov. 4, 2005 PACER
60

RESPONSE in Opposition re 53 MOTION for Extension of Time to File Response/Reply to Plainitff's Motion for Preliminary Certification of Collective Action filed by Federico Salinas-Rodriquez. (Bruner - PHV, Kelley) (Entered: 11/14/2005)

Nov. 14, 2005 PACER
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ORDER denying without prejudice Plaintiffs' 43 Motion to Invalidate Defendants' Third Offer of Judgment, granting Defendants' 52 & 53 MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Preliminary Certification of Collective Action to 12/5/05; further, Plaintiffs' Motion to Invalidate Defendants' First and Second Offer of Judgment #48, and #24 is denied without prejudice . Signed by Judge William H. Barbour Jr. on 11/23/05. (Nelson, Ann) (Entered: 11/23/2005)

Nov. 23, 2005 PACER
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NOTICE of Service of Interrogatories and Requests for Production by Federico Salinas-Rodriquez (Bruner - PHV, Kelley) (Entered: 11/23/2005)

Nov. 23, 2005 PACER
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Response in Opposition re 46 MOTION for Collective Action by Federico Salinas-Rodriquez. (Attachments: # 1 Memorandum of Law# 2 Exhibit Exhibit 1 to Motion# 3 Exhibit Exhibit 1 to Memorandum# 4 Exhibit Exhibit 2 to Memorandum# 5 Exhibit Exhibit 3A to Memorandum# 6 Exhibit Exhibit 3B to Memorandum# 7 Exhibit Exhibit 4 to Memorandum# 8 Exhibit Exhibit 5 to Memorandum# 9 Exhibit Exhibit 6 to Memorandum# 10 Exhibit Exhibit 7 to Memorandum# 11 Exhibit Exhibit 8 to Memorandum# 12 Exhibit Exhibit 9 to Memorandum)(Bauer - PHV, Mary) filed by Alpha Services, Inc., Robert Wade Zaharie. (Attachments: # 1 Exhibit # 2 Errata # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit)(Stine - PHV, James) (Entered: 12/05/2005)

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7 Exhibit

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Dec. 5, 2005 PACER
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REPLY to Response to Motion re 46 MOTION for Collective Action filed by Federico Salinas-Rodriquez. (Attachments: # 1 Exhibit 10# 2 Exhibit 11# 3 Exhibit 12# 4 Exhibit 13)(Bruner - PHV, Kelley) (Entered: 12/15/2005)

2 Exhibit 10

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3 Exhibit 11

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4 Exhibit 12

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5 Exhibit 13

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Dec. 15, 2005 PACER
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MOTION for Leave to File Excess Pages by Federico Salinas-Rodriquez. (Bruner - PHV, Kelley) (Entered: 12/15/2005)

Dec. 15, 2005 PACER
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MOTION for Protective Order by Federico Salinas-Rodriquez. (Bruner - PHV, Kelley) (Entered: 12/16/2005)

Dec. 16, 2005 RECAP
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MEMORANDUM in Support re 66 MOTION for Protective Order filed by Federico Salinas-Rodriquez. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Bruner - PHV, Kelley) (Entered: 12/16/2005)

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Dec. 16, 2005 PACER
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Joint MOTION for Extension of Time to Complete Discovery by Federico Salinas-Rodriquez. (Bruner - PHV, Kelley) (Entered: 12/21/2005)

Dec. 21, 2005 PACER
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ORDER granting parties' joint 68 Motion for Extension of Time to Complete Discovery. Discovery extended until 1/31/06. Signed by Judge Alfred G. Nicols on 12/21/05. ACF (Entered: 12/21/2005)

Dec. 21, 2005 PACER
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MOTION for Leave to File First Amended Complaint by Federico Salinas-Rodriquez. (Attachments: # 1 Exhibit A)(Bruner - PHV, Kelley) (Entered: 12/22/2005)

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Dec. 22, 2005 PACER
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OPINION and ORDER granting 46 Motion for Preliminary Certification of Collective Action and other relief. Defendants are to provide names, etc. for all potential opt-in plaintiffs by January 13, 2005, and Plaintiffs must file all consent forms of opt-in plaintiffs within 180 days of this Opinion and Order. Signed by Judge William H. Barbour Jr. on 12/27/05. (Hill, Margie) (Entered: 12/27/2005)

Dec. 27, 2005 RECAP
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Consent MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Protective Order by Alpha Services, Inc., Robert Wade Zaharie. (Stine - PHV, James) (Entered: 12/29/2005)

Dec. 29, 2005 PACER
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ORDER authorizing Notice and Consent to Sue Form. Signed by Judge William H. Barbour Jr. on 01-10-06. (Attachments: # 1 Court Authorized Notice)(Turner, Tom) (Entered: 01/10/2006)

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Jan. 10, 2006 RECAP
74

AMENDED COMPLAINT against all defendants, filed by Federico Salinas-Rodriquez.(Bruner - PHV, Kelley) (Entered: 01/13/2006)

Jan. 13, 2006 RECAP
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Response in Opposition re 66 MOTION for Protective Order by Federico Salinas-Rodriquez. (Bruner - PHV, Kelley) filed by Alpha Services, Inc., Robert Wade Zaharie. (Attachments: # 1 Affidavit W. Zaharie Affidavit# 2 Affidavit L. Caudill Affidavit)(Stine - PHV, James) (Entered: 01/17/2006)

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3 Affidavit L. Caudill Affidavit

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Jan. 17, 2006 PACER
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NOTICE of Deposition of Domingo Altamirano by Federico Salinas-Rodriquez (Bruner - PHV, Kelley) (Entered: 01/19/2006)

Jan. 19, 2006 PACER
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NOTICE of Deposition of Alpha Services LLC by Federico Salinas-Rodriquez (Bruner - PHV, Kelley) (Entered: 01/19/2006)

Jan. 19, 2006 PACER
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NOTICE of Deposition of Juan Carlos Martinez by Federico Salinas-Rodriquez (Bruner - PHV, Kelley) (Entered: 01/19/2006)

Jan. 19, 2006 PACER
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NOTICE of Deposition of Pedro Cervantes by Federico Salinas-Rodriquez (Bruner - PHV, Kelley) (Entered: 01/19/2006)

Jan. 19, 2006 PACER
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NOTICE of Deposition of Isaias Morente by Federico Salinas-Rodriquez (Bruner - PHV, Kelley) (Entered: 01/19/2006)

Jan. 19, 2006 PACER
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NOTICE of Deposition of Blas Rodriguez by Federico Salinas-Rodriquez (Bruner - PHV, Kelley) (Entered: 01/19/2006)

Jan. 19, 2006 PACER
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NOTICE of Deposition of Javier Cervantes by Federico Salinas-Rodriquez (Bruner - PHV, Kelley) (Entered: 01/19/2006)

Jan. 19, 2006 PACER
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Consent MOTION for Extension of Time to File Response/Reply as to 66 MOTION for Protective Order by Federico Salinas-Rodriquez. (Bruner - PHV, Kelley) (Entered: 01/23/2006)

Jan. 23, 2006 PACER
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MOTION for Contempt by Federico Salinas-Rodriquez. (Attachments: # 1 Exhibit Pl. Exhibit 1# 2 Exhibit Pl. Exhibit 2# 3 Exhibit Pl. Exhibit 3# 4 Exhibit Pl. Exhibit 4# 5 Exhibit Pl. Exhibit 5# 6 Exhibit Pl. Exhibit 6# 7 Exhibit Pl. Exhibit 7# 8 Exhibit Pl. Exhibit 8# 9 Exhibit Pl. Exhibit 9# 10 Exhibit Pl. Exhibit 10# 11 Exhibit Pl. Exhibit 11# 12 Exhibit Pl. Exhibit 12# 13 Exhibit Pl. Exhibit 13)(Bruner - PHV, Kelley) (Entered: 01/25/2006)

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12 Exhibit Pl. Exhibit 11

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13 Exhibit Pl. Exhibit 12

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14 Exhibit Pl. Exhibit 13

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Jan. 25, 2006 PACER
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Joint MOTION to Stay /Extend all Deadlines Pending Court Approval of Proposed Settlement Agreement by Federico Salinas-Rodriquez. (Bruner - PHV, Kelley) (Entered: 02/02/2006)

Feb. 2, 2006 PACER
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ORDER granting Joint 85 Motion to Extend all Deadlines pending Court Approval of Proposed Settlement Agreement. Signed by Judge William H. Barbour Jr. on 2/3/06. (Nelson, Ann) (Entered: 02/03/2006)

Feb. 3, 2006 PACER
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NOTICE of Filing Consents to Sue by Federico Salinas-Rodriquez (Attachments: # 1 Consent to Sue for Jose Luis Macias# 2 Consent to Sue for Humberto Vasquez)(Bruner - PHV, Kelley) (Entered: 02/07/2006)

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3 Consent to Sue for Humberto Vasquez

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Feb. 7, 2006 PACER
88

NOTICE of Filing Consents to Sue by Federico Salinas-Rodriquez (Attachments: # 1 Alvaro Rubein Vasquez Perez# 2 Alvaro Vasquez Perez# 3 Alverto Vasquez Perez)(Bruner - PHV, Kelley) (Entered: 03/10/2006)

2 Alvaro Rubein Vasquez Perez

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3 Alvaro Vasquez Perez

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4 Alverto Vasquez Perez

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March 10, 2006 PACER
89

NOTICE of Filing Consent to Sue by Federico Salinas-Rodriquez (Attachments: # 1 Secundino Vasquez Perez)(Bruner - PHV, Kelley) (Entered: 03/13/2006)

2 Secundino Vasquez Perez

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March 13, 2006 PACER
90

NOTICE of Filing Consent to Sue by Federico Salinas-Rodriquez (Attachments: # 1 Consent to Sue - Jesus Nunez Vasquez)(Bruner - PHV, Kelley) (Entered: 03/27/2006)

2 Consent to Sue - Jesus Nunez Vasquez

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March 27, 2006 PACER
91

NOTICE of Filing Consent to Sue by Federico Salinas-Rodriquez (Attachments: # 1)(Bruner - PHV, Kelley) (Entered: 04/28/2006)

April 28, 2006 PACER
92

NOTICE of Filing Consent to Sue by Federico Salinas-Rodriquez (Attachments: # 1)(Bruner - PHV, Kelley) (Entered: 05/01/2006)

May 1, 2006 PACER
93

NOTICE of Filing Consent to Sue by Federico Salinas-Rodriquez (Attachments: # 1)(Bruner - PHV, Kelley) (Entered: 05/09/2006)

May 9, 2006 PACER
94

MOTION for Settlement Agreement to be Enforced by Federico Salinas-Rodriquez. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Bruner - PHV, Kelley) (Entered: 05/15/2006)

2 Exhibit A

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3 Exhibit B

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May 15, 2006 PACER
95

Joint MOTION to Certify Class, Approve Class Settlement Agreement, Give Notice to Class and Schedule Fairness Hearing by Federico Salinas-Rodriquez. (Attachments: # 1 Exhibit Settlement Agreement# 2 Exhibit Notice to Class)(Bruner - PHV, Kelley) (Entered: 05/31/2006)

2 Exhibit Settlement Agreement

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3 Exhibit Notice to Class

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May 31, 2006 PACER
96

MOTION to Withdraw 94 MOTION for Settlement Agreement to be Enforced by Federico Salinas-Rodriquez. (Bruner - PHV, Kelley) (Entered: 06/01/2006)

June 1, 2006 PACER
97

AGREED ORDER GRANTING 95 Joint Motion for Certification of Class, Preliminary Approval of Class Action Settlement, Notice to Class and Scheduling Fairness Hearing Motion to Certify Class. Signed by Judge William H. Barbour Jr. on 06-02-06. (Attachments: # 1 Exhibit A) (Lewis, Nijah) (Entered: 06/05/2006)

2 Exhibit Exhibit A

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June 5, 2006 PACER
98

NOTICE of Filing Consents to Sue by Federico Salinas-Rodriquez (Attachments: # 1 Consent to Sue - Alex Onofre Cotto# 2 Consent to Sue - Nestor Emilio Moreno Moran# 3 Consent to Sue - Pedro Morante Cotto# 4 Consent to Sue - Jairon Alvarez Morante# 5 Consent to Sue - Lino Javier Muniz Macias)(Bruner - PHV, Kelley) Modified on 6/22/2006 (Moore, Janet). (Entered: 06/21/2006)

2 Consent to Sue - Alex Onofre Cotto

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3 Consetnt to Sue - Nestor Emilio Moreno Moran

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4 Consent to Sue - Pedro Morante Cotto

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5 Consent to Sue - Jairon Alvarez Morante

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6 Consent to Sue - Lino Javier Muniz Macias

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June 21, 2006 PACER
99

NOTICE of Filing Consents to Sue by Federico Salinas-Rodriquez (Attachments: # 1 Arturo Sanchez Espinosa# 2 Cornelio Lucas Medina# 3 J Adalberto Alvarez Estrada)(Bruner - PHV, Kelley) (Entered: 06/27/2006)

2 Arturo Sanchez Espinosa

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3 Cornelio Lucas Medina

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4 J Adalberto Alvarez Estrada

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June 27, 2006 PACER
100

NOTICE of Filing Consent to Sue by Federico Salinas-Rodriquez (Attachments: # 1 Consent to Sue - Feliciano Banda)(Bruner - PHV, Kelley) (Entered: 06/30/2006)

2 Consent to Sue - Feliciano Banda

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June 30, 2006 PACER
101

NOTICE of Filing Consent to Sue by Federico Salinas-Rodriquez (Attachments: # 1)(Bruner - PHV, Kelley) (Entered: 06/30/2006)

June 30, 2006 PACER
102

NOTICE of Filing Consents to Sue by Federico Salinas-Rodriquez (Attachments: # 1 Consent to Sue - Enrique Medina Franco# 2 Consent to Sue - Rodolfo Vasquez Arias)(Bruner - PHV, Kelley) (Entered: 07/05/2006)

2 Consent to Sue - Enrique Medina Franco

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3 Consent to Sue - Rodolfo Vasquez Arias

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July 5, 2006 PACER
103

NOTICE of Filing Consent to Sue by Federico Salinas-Rodriquez (Attachments: # 1)(Bruner - PHV, Kelley) (Entered: 07/10/2006)

July 10, 2006 PACER
104

NOTICE of Filing Consents to Sue by Federico Salinas-Rodriquez (Attachments: # 1 Consent to Sue - Juan Ortega Fragoso# 2 Consent to Sue - Blas Mata Padilla)(Bruner - PHV, Kelley) (Entered: 07/13/2006)

2 Consent to Sue - Juan Ortega Fragoso

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3 Consent to Sue - Blas Mata Padilla

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July 13, 2006 PACER
105

MEMORANDUM IN SUPPORT re 95 Joint MOTION to Certify Class, Approve Class Settlement Agreement, Give Notice to Class and Schedule Fairness Hearing filed by Federico Salinas-Rodriquez. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Bruner - PHV, Kelley) (Entered: 09/01/2006)

1 Exhibit 1

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3 Exhibit 2

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Sept. 1, 2006 RECAP
106

CONSENT ORDER. The Court expressly retains jurisdiction of this action until December 31, 2007, in order to oversee the consummation of this settlement and enforce the terms of the Settlement Agreement. Signed by Judge William H. Barbour Jr. on 09-05-06. (Attachments: # 1 Exhibit Exhibit A-Settlement Agreement)(Lewis, Nijah) (Entered: 09/06/2006)

2 Exhibit Exhibit A-Settlement Agreement

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Sept. 6, 2006 PACER
107

MOTION for Settlement Agreement to be Enforced by Federico Salinas-Rodriquez. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Bruner - PHV, Kelley) (Entered: 09/26/2006)

2 Exhibit 1

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3 Exhibit 2

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Sept. 26, 2006 PACER
108

MOTION to Take Deposition by Alpha Services, Inc., Robert Wade Zaharie. (Attachments: # 1 Exhibit correspondence# 2 Exhibit proposed order)(Stine - PHV, James) (Entered: 10/10/2006)

2 Exhibit correspondence

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3 Exhibit proposed order

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Oct. 10, 2006 PACER
109

RESPONSE to Motion re 107 MOTION for Settlement Agreement to be Enforced filed by Alpha Services, Inc., Robert Wade Zaharie. (Attachments: # 1 Exhibit Mediated Settlement Agreement# 2 Errata Aug 18 Corres. to Stine from Bruner# 3 Exhibit 7/19, 8/31, 9/14 Correspondence# 4 Exhibit Consent to Sue Forms# 5 Exhibit Consent to Sue - Estrada# 6 Exhibit 9/28 Corresp to Stine from Bruner)(Stine - PHV, James) (Entered: 10/10/2006)

2 Exhibit Mediated Settlement Agreement

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3 Errata Aug 18 Corres. to Stine from Bruner

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4 Exhibit 7/19, 8/31, 9/14 Correspondence

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5 Exhibit Consent to Sue Forms

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6 Exhibit Consent to Sue - Estrada

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7 Exhibit 9/28 Corresp to Stine from Bruner

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Oct. 10, 2006 PACER
110

MEMORANDUM IN OPPOSITION re 108 MOTION to Take Deposition filed by Federico Salinas-Rodriquez. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Bruner - PHV, Kelley) (Entered: 10/24/2006)

2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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Oct. 24, 2006 PACER
111

OPINION AND ORDER denying 107 Plaintiff's Motion to Enforce Settlement. Signed by Judge William H. Barbour Jr. on 10-25-06. (Lewis, Nijah) (Entered: 10/25/2006)

Oct. 25, 2006 PACER
112

ORDER REASSIGNING CASE. Case reassigned to Judge Linda R. Anderson for all further proceedings. Judge James C. Sumner no longer assigned to case. Signed by Judge Henry T. Wingate on 12/8/06. (Moore, Janet) (Entered: 12/11/2006)

Dec. 8, 2006 PACER
113

ORDER. Defendants' Motion for Telephonic Depositions to Determine Payments Owed Under Settlement Agreement [Docket No. 108] is hereby granted in part and denied in part. Defendants shall be permitted to take limited depositions of Alvaro Vasquez Perez, Alverto Vasquez Perez, and Cecundino Vasquez Perez for the purpose of determining whether these individuals consented to become opt-in plaintiffs in this case. Defendants will not be permitted to depose any other opt-in plaintiff in this case.Signed by Judge William H. Barbour Jr. on 01-18-07. (Lewis, Nijah) (Entered: 01/18/2007)

Jan. 18, 2007 RECAP
114

ORDER DISMISSING CASE with prejudice. Signed by District Judge William H. Barbour, Jr on 5/19/08 (JKM) (Entered: 05/20/2008)

May 19, 2008 PACER

State / Territory: Mississippi

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: July 18, 2005

Closing Date: May 19, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All those individuals admitted as H-2B temporary foreign workers pursuant to 8 U.S.C. § 1101(a)(15)(H)(ii)(b), who were employed by Alpha Services, Inc. in any capacity from April 14, 2002 through the time of suit.

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

Alpha Services, 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)

Injunctive (or Injunctive-like) Relief

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: 112,000

Order Duration: 2006 - 2007

Content of Injunction:

Retaliation Prohibition

Issues

General:

Staff (number, training, qualifications, wages)

Immigration/Border:

Employer sanctions

Employment

Temporary foreign workers program