Case: Hugo Martin Recinos-Recinos v. Express Forestry Inc.

Recinos-Recinos v. Express Forestry Inc.

Recinos-Recinos v. Express Forestry Inc.

Recinos-Recinos v. Express Forestry Inc.

Recinos-Recinos v. Express Forestry Inc.

Recinos-Recinos v. Express Forestry Inc.

Recinos-Recinos v. Express Forestry Inc.

Southern Poverty Law Center

COMPLAINT against all defendants (Filing fee $ 250.) filed by all plaintiffs. 3 summons issued.(ijg, ) (Entered: 04/12/2005)

Summons Issued as to Express Forestry, Inc., Rick Thomas, Sandy Thomas. (ijg, ) (Entered: 04/12/2005)

MOTION to Appear Pro Hac Vice by Mary C. Bauer by on behalf of all plaintiffs. (ijg, ) (Entered: 04/12/2005)

MOTION to Appear Pro Hac Vice by Andrew H. Turner on behalf of all plaintiffs. (ijg, ) (Entered: 04/12/2005)

ORDER granting 3 Motion to Appear Pro Hac Vice as to Mary C. Bauer. Signed by Judge Lance M Africk. (ijg, ) (Entered: 04/12/2005)

ORDER granting 5 Motion to Appear Pro Hac Vice as to Andrew H. Turner. Signed by Judge Lance M Africk. (ijg, ) (Entered: 04/12/2005)

SUMMONS Returned Executed; Express Forestry, Inc. served on 4/22/2005, answer due 5/12/2005. (caa, ) (Entered: 05/02/2005)

SUMMONS Returned Executed; Rick Thomas served on 4/22/2005, answer due 5/12/2005. (caa, ) (Entered: 05/02/2005)

SUMMONS Returned Executed; Sandy Thomas served on 4/22/2005, answer due 5/12/2005. (caa, ) (Entered: 05/02/2005)

NOTICE of filing of additional consent to sue by Domingo Aguilar. (ijg, ) Modified on 10/19/2005 (ijg, ). (Entered: 05/03/2005)

MOTION for Extension of Time to file responsive pleadings by Express Forestry, Inc., Rick Thomas, Sandy Thomas. (ijg, ) (Entered: 05/12/2005)

ORDER granting 11 Motion for Extension of Time to Answer re 1 Complaint as to Express Forestry, Inc. answer due 6/1/2005; Rick Thomas answer due 6/1/2005; Sandy Thomas answer due 6/1/2005 . Signed by Judge Lance M Africk. (ijg, ) (Entered: 05/12/2005)

ANSWER to Complaint by Defendants Rick Thomas, Sandy Thomas.(ijg, ) (Entered: 05/24/2005)

ANSWER to Complaint by Defendant Express Forestry, Inc.(ijg, ) (Entered: 05/24/2005)

MOTION to Dismiss for Lack of Personal Jurisdiction by Rick Thomas, Sandy Thomas. Motion Hearing set for 6/22/2005 09:00 AM before Judge Lance M Africk. (ijg, ) (Entered: 05/24/2005)

MOTION to Appear Pro Hac Vice by Walter J. Passmore, filed by Mark N. Mallery on behalf of Express Forestry, Inc., Rick Thomas, Sandy Thomas. (ijg, ) (Entered: 05/31/2005)

ORDER granting 16 Motion to Appear Pro Hac Vice as to Walter J. Passmore. Signed by Judge Lance M Africk on 5/24/05. (ijg, ) (Entered: 05/31/2005)

MOTION for Extension of Time to File Response/Reply by Alberto Alvarado, Hugo Martin Recinos-Recinos, Pablo Recinos-Alvarado. (lag, ) (Entered: 06/08/2005)

ORDERED that plas' opp to dfts' motion to dismiss shall be filed on or bfr 7/5/05. The Hearing on 15 dfts' MOTION to Dismiss for Lack of Jurisdiction is reset for 7/6/2005 without oral argument before Judge Lance M Africk. Signed by Judge Lance M Africk.(ijg, ) (Entered: 06/08/2005)

MOTION to Continue Hearing on dfts' motion to dismiss by all plaintiffs. (ijg, ) (Entered: 06/10/2005)

ORDER finding as moot 20 plas' Motion to Continue hearing on dfts' motion to dismiss. Signed by Judge Lance M Africk. (ijg, ) (Entered: 06/10/2005)

MOTION to Certify Class by all plaintiffs. Motion Hearing set for 8/10/2005 09:00 AM before Judge Lance M Africk. (ijg, ) (Entered: 06/27/2005)

Request for Oral Argument by all plaintiffs regarding 22 MOTION to Certify Class. (gec, ) (Entered: 07/06/2005)

ORDER that the Court will be unable to hear oral argument per 23 Request for Oral Argument filed by Hugo Martin Recinos-Recinos, Pablo Recinos-Alvarado, Alberto Alvarado, Domingo Aguilar . Signed by Judge Lance M. Africk on 7/1/05.(gec, ) (Entered: 07/06/2005)

MEMORANDUM in Opposition filed by all plaintiffs re 15 MOTION to Dismiss for Lack of Personal Jurisdiction. (gec, ) (Entered: 07/08/2005)

Request of Oral Argument by all plaintiffs regarding 15 MOTION to Dismiss for Lack of Personal Jurisdiction. (ijg, ) (Entered: 07/13/2005)

MOTION to Appear Pro Hac Vice by Kristi L. Graunke (Filing fee $5.) on behalf of all plaintiffs. (lag, ) (Entered: 07/19/2005)

ORDER re plas' request for Oral Argument on dfts' 15 MOTION to Dismiss for Lack of Jurisdiction . Signed by Judge Lance M Africk.(ijg, ) (Entered: 07/14/2005)

ORDER granting 28 Motion to Appear Pro Hac Vice as to Kristi L. Graunke. Signed by Judge Lance M Africk. (lag, ) (Entered: 07/19/2005)

MOTION to Continue and reschedule hearing on plas' motion for certification of class by all defendants. (ijg, ) (Entered: 08/05/2005)

ORDER Granting dfts' 30 MOTION to Continue hearing on plas' 22 MOTION to Certify Class. Motion Hearing reset for 8/24/2005 without oral argument before Judge Lance M Africk. Signed by Judge Lance M Africk on 8/3/05.(ijg, ) (Entered: 08/05/2005)

MOTION to Expedite Hearing on motion to delay consideration of plas' motion for certification of class by Express Forestry, Inc., Rick Thomas, Sandy Thomas. (ijg, ) (Entered: 08/08/2005)

MOTION to delay consideration of plas' motion for certification of class by all defendants. (ijg, ) Memorandum in support added on 8/8/2005 (ijg, ). Modified on 8/8/2005 (ijg, ). (Entered: 08/08/2005)

1 Memorandum in Support

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Correction of Docket Entry by Clerk re 33 MOTION to delay consideration of plas' motion for certification of class - adding Memorandum in Support of Motion (ijg, ) Modified on 10/19/2005 (ijg, ). (Entered: 08/08/2005)

ORDER that dfts' 32 MOTION to Expedite Hearing on 33 MOTION to delay consideration of plas' motion for certification of class is granted, and 22 MOTION to Certify Class filed by Hugo Martin Recinos-Recinos,, Pablo Recinos-Alvarado,, Alberto Alvarado,, Domingo Aguilar is set for 10/19/2005 before Judge Lance M Africk. Signed by Judge Lance M Africk on 8/7/05.(ijg, ) Modified on 10/19/2005 (ijg, ). (Entered: 08/08/2005)

MOTION to Appear Pro Hac Vice by James Larry Stine (Filing fee $5.) on behalf of all defendants. (ijg, ) (Entered: 08/15/2005)

MOTION to Appear Pro Hac Vice by Elizabeth K. Dorminey (Filing fee $5.) on behalf of all defendants. (ijg, ) (Added and deleted Main document in error on 6/14/2006) Modified on 6/14/2006 (ijg, ). (Entered: 08/15/2005)

MOTION to Appear Pro Hac Vice by Paul Oliver (Filing fee $5.) on behalf of all defendants. (ijg, ) (Entered: 08/15/2005)

MOTION to Substitute Counsel by all defendants. (ijg, ) (Entered: 08/15/2005)

MOTION to Appear as Additional Counsel of Record by Christine M. White, Christopher E. Moore on behalf of all defendants. (ijg, ) (Entered: 08/15/2005)

ORDER granting 36 Motion to Appear Pro Hac Vice as to James Larry Stine. Signed by Judge Lance M Africk. (ijg, ) (Entered: 08/15/2005)

ORDER granting 38 Motion to Appear Pro Hac Vice as to Elizabeth K. Dorminey. Signed by Judge Lance M Africk. (ijg, ) (Entered: 08/15/2005)

ORDER granting 40 Motion to Appear Pro Hac Vice as to Paul Oliver. Signed by Judge Lance M Africk. (ijg, ) (Entered: 08/15/2005)

ORDER granting 42 Motion to Substitute Attorney. Ordered that J. Larry Stine, Elizabeth K. Dorminey and Paul Oliver are substituted in place of Attorney Walter J. Passmore for dfts. Signed by Judge Lance M Africk on 8/11/05. (ijg, ) (Entered: 08/15/2005)

ORDER granting 44 Motion for Christopher E. Moore and Christine M. White to Appear as additional counsel of record on behalf of dfts. Signed by Judge Lance M Africk on 8/11/05. (ijg, ) (Entered: 08/15/2005)

NOTICE of Filing Consents to Sue by plaintiffs. (ijg, ) (Entered: 10/04/2005)

MOTION for preliminary certification of a collective action and for disclosure of the names, addresses and telephone numbers of potential opt-in plaintiffs by all plaintiffs. Motion Hearing set for 10/5/2005 09:00 AM before Judge Lance M Africk. (ijg, ) (Entered: 10/04/2005)

NOTICE of Filing Consents to Sue by all plaintiffs. (ijg, ) (Entered: 10/04/2005)

MOTION for Emergency Protective Order, MOTION for Sanctions, Corrective Notice, Expedited Hearing and Other Appropriate Relief by all plaintiffs. Motion Hearing set for 10/19/2005 09:00 AM before Judge Lance M Africk. (ijg, ) (Entered: 10/06/2005)

Request/Statement of Oral Argument by all plaintiffs regarding 49 MOTION for Protective Order MOTION for Sanctions, Expedited Hearing and Other Appropriate Relief. (ijg, ) (Entered: 10/06/2005)

ORDER denying 15 Motion to Dismiss for Lack of Jurisdiction . Signed by Judge Lance M Africk on 10/5/05. (ijg, )

RESPONSE/MEMORANDUM in Opposition filed by all defendants re 49 Motion for Emergency Protective Orders, Sanctions, Corrective Notice, Expedited Hearing and Other Appropriate Relief. (gec, ) (Entered: 10/13/2005)

RESPONSE/MEMORANDUM in Opposition filed by all plaintiffs re 33 Motion to delay consideration of plaintiffs' motion for certification of a class. (gec, ) Modified on 10/19/2005 (ijg, ). (Entered: 10/13/2005)

MOTION to Continue on MOTION for preliminary certification of a collective action and for disclosure of the names, addresses and telephone numbers of potential opt-in plaintiffs by Express Forestry, Inc., Rick Thomas, Sandy Thomas - no hearing set (dno, ) (Entered: 10/28/2005)

NOTICE by all plaintiffs of filing additional affidavits in support of plaintiffs' 49 emergency Motion for Protective Orders, Sanctions, Corrective Notice, Expedited Hearing and Other Appropriate Relief. (gec, ) (Entered: 10/13/2005)

ORDER denying request for oral argument 50 on 49 MOTION for Protective Order, MOTION for Sanctions filed by Hugo Martin Recinos-Recinos, Pablo Recinos-Alvarado, Alberto Alvarado, Domingo Aguilar . Signed by Judge Lance M Africk on 10/11/05.(ijg, ) Modified on 10/19/2005 (ijg, ). (Entered: 10/17/2005)

ORDER Resetting Hearing on plas' 47 MOTION for preliminary certification of a collective action and for disclosure of the names, addresses and telephone numbers of potential opt-in plaintiffs: Motion Hearing set for 11/2/2005 before Judge Lance M Africk. Signed by Judge Lance M Africk on 10/11/05.(ijg, ) (Entered: 10/17/2005)

RESPONSE to Motion filed by all defendants re 47 MOTION for Certification of Collective Action. (ijg, ) Modified on 10/19/2005 (ijg, ). (Entered: 10/19/2005)

REPLY in support of Motion filed by all plaintiffs re 47 MOTION for preliminary certification of a collective action and for disclosure of the names, addresses and telephone numbers of potential opt-in plaintiffs. (ijg, ) (Entered: 10/19/2005)

REPLY in support of MOTION for Emergency Protective Order, MOTION for Sanctions, Corrective Notice, Expedited Hearing and Other Appropriate Relief filed by plaintiffs. (ijg, ) (Entered: 10/19/2005)

Opposition to dfts' motion to reset hearing on motion for preliminary certification of a collective action by all plaintiffs. (ijg, ) (Entered: 10/19/2005)

ORDER and REASONS denying dfts' 33 MOTION to delay consideration of plas' motion for certification of class. Signed by Judge Lance M Africk on 10/17/05.(ijg, ) (Entered: 10/19/2005)

MOTION for Leave to supplement the record by Express Forestry, Inc., Rick Thomas, Sandy Thomas. (dno, ) (Entered: 10/28/2005)

Response by all plaintiffs to defendants' motion for leave to supplement the record. (gbw, ) (Entered: 10/26/2005)

ORDER that any opposition to 22 Plaintiffs' MOTION for Certification of Class Action be filed by 11/7/05 at which time the motion will be taken under advisement . Signed by Judge Lance M Africk on 10/25/05.(gbw, ) (Entered: 10/27/2005)

ORDER granting 65 Motion for Leave to supplement the record. Signed by Judge Lance M Africk on 10/25/05. (dno, ) (Entered: 10/28/2005)

MEMORANDUM of law in Support filed by Express Forestry, Inc., Rick Thomas, Sandy Thomas re 65 MOTION for Leave to supplement the record. (dno, ) (Entered: 10/28/2005)

ORDER REFERRING MOTION: 49 MOTION for Emergency Protective Orders, Sanctions, Corrective notice, expedited hearing & other appropriate relief filed by Hugo Martin Recinos-Recinos, Pablo Recinos-Alvarado, Alberto Alvarado, Domingo Aguilar, . Signed by Judge Lance M Africk on 10/27/05.(gbw, ) (Entered: 10/31/2005)

MOTION for Leave to File surreply by Express Forestry, Inc., Rick Thomas, Sandy Thomas. (ijg, ) (Entered: 11/14/2005)

ORDER Setting Oral Hearing on 49 MOTION for Protective Order MOTION for Sanctions and Corrective Notice: Motion Hearing set for 11/30/2005 11:00 AM before Magistrate Judge Daniel E. Knowles III. Signed by Judge Daniel E. Knowles III on 11/1/05.(ijg, ) (Entered: 11/03/2005)

RESPONSE to Motion filed by Express Forestry, Inc., Rick Thomas, Sandy Thomas re 47 MOTION for certification of class.(ijg, ) (Entered: 11/10/2005)

ORDER granting 71 Motion for Leave to File surreply. Signed by Judge Daniel E. Knowles III on 11/10/05. (ijg, ) (Entered: 11/14/2005)

MOTION for Leave to File a reply in support of their motion for certification of a Class Action in excess of page limits by all plaintiffs. (gbw, ) Modified on 11/21/2005 (gbw, ). (Entered: 11/21/2005)

ORDER Resetting Oral Hearing on 49 MOTION for Protective Order, MOTION for Sanctions: Motion Hearing set for 11/30/2005 01:00 PM before Magistrate Judge Daniel E. Knowles III. Signed by Judge Daniel E. Knowles III on 11/18/2005.(caa, ) (Entered: 11/21/2005)

ORDER granting 74 Plaintiffs' Motion to Exceed Page Limits in their reply in support of their motion for certification of a Class Action . Signed by Judge Lance M Africk on 11/17/05. (gbw, ) (Entered: 11/21/2005)

REPLY filed by all plaintiffs in support of their 22 MOTION for Certification of Class Action. (gbw, ) (Entered: 11/21/2005)

RESPONSE filed by all plaintiffs to defendants' 71 MOTION for Leave to File a surreply to their reply in support for emergency protective orders, sanctions, corrective notice, expedited hearing & other appropriate relief. (gbw, ) (Entered: 11/22/2005)

NOTICE of filing consents to sue by Alvaro Adalberto Hernandez. (ijg, ) (Entered: 12/01/2005)

MOTION to Compel Discovery by all plaintiffs. Motion Hearing set for 12/21/2005 11:00 AM before Magistrate Judge Daniel E. Knowles III. (ijg, ) (Entered: 12/01/2005)

MOTION to reset hearing on plas' motion to compel discovery filed by Express Forestry, Inc., Rick Thomas, Sandy Thomas and unsigned order; hearing set for 12/19/2005. (ijg, ) (Entered: 12/12/2005)

Minute Entry for proceedings held before Judge Daniel E. Knowles III: Motion Hearing held on 11/30/2005 re 49 MOTION for Protective Order MOTION for Sanctions filed by Hugo Martin Recinos-Recinos,, Pablo Recinos-Alvarado,, Alberto Alvarado,, Domingo Aguilar. (ijg, ) (Entered: 12/02/2005)

ORDER Setting Telephone Hearing on 79 MOTION to Compel: Motion Hearing set for 12/19/2005 11:30 AM before Magistrate Judge Daniel E. Knowles III. Signed by Judge Daniel E. Knowles III.(ijg, ) (Entered: 12/02/2005)

ORDER Resetting Hearing on 79 MOTION to Compel: Motion Hearing set for 12/19/2005 10:00 AM before Magistrate Judge Daniel E. Knowles III. Signed by Judge Daniel E. Knowles III.(ijg, ) (Entered: 12/14/2005)

RESPONSE to Motion filed by all defendants re 79 MOTION to Compel. (ijg, ) (Entered: 12/14/2005)

REPLY in Support of 79 MOTION to Compel filed by all plaintiffs. (ijg, ) (Entered: 12/19/2005)

Minute Entry for proceedings held before Judge Daniel E. Knowles III: Motion Hearing held on 12/19/2005 re 79 MOTION to Compel filed by Hugo Martin Recinos-Recinos,, Pablo Recinos-Alvarado,, Alberto Alvarado,, Domingo Aguilar. 79 MOTION to Compel Granted in Part and Denied in Part as set forth in document. (ijg, ) (Entered: 12/20/2005)

NOTICE of Change of Address by Mark N. Mallery, Christopher E. Moore, Christine M. White on behalf of Express Forestry, Inc., Rick Thomas, Sandy Thomas. (ijg, ) (Entered: 01/12/2006)

MOTION to Expedite Hearing on Motion for Protective Order by all defendants. (ijg, ) (Entered: 01/20/2006)

Renewed MOTION to Expedite Hearing on Motion for Protective Order by all defendants. (ijg, ) (Entered: 01/20/2006)

Minute Entry for proceedings held before Judge Daniel E. Knowles III: Motion Hearing held on 1/19/2006 re 91 MOTION for Protective Order filed by defendants. (ijg, ) (Entered: 01/20/2006)

MOTION for Protective Order by all defendants. (ijg, ) (Entered: 01/20/2006)

MEMORANDUM OPINION AND PROTECTIVE ORDER granting in part and denying in part pla's 49 motion for protective order. Signed by Judge Daniel E. Knowles III on 1/23/2006.(ijg, )

ORDER granting 47 Motion for conditional certification of FLSA collective action, granting 22 Motion to Certify Class . Signed by Judge Lance M Africk on 1/27/2006. (ijg, )

MOTION for Court Approval of Joint Proposed Collective Action Notice and Forms by all plaintiffs. Proposed Collective Action Notice and Forms attached. (gec, ) (Entered: 02/09/2006)

ORDER granting 95 Motion Court Approval of Joint Proposed Collective Action Notice and Forms . Signed by Judge Lance M Africk on 2/7/06. (gec, ) (Entered: 02/09/2006)

MOTION to Compel, MOTION for Sanctions, MOTION for contempt by all plaintiffs. (Attachments: # 1 Exhibits)(ijg, ) (Entered: 02/13/2006)

1 Exhibits

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ORDER Setting Expedited Telephone Hearing on 97 MOTION to Compel MOTION for Sanctions MOTION for contempt: Motion Hearing set for 2/16/2006 04:00 PM before Magistrate Judge Daniel E. Knowles III. Signed by Judge Daniel E. Knowles III. (Attachments: # 1 Motion, # 2 Exhibits to Motion)(ijg, ) (Entered: 02/13/2006)

1 Motion

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2 Exhibits to Motion

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MOTION for extension of protective order by all plaintiffs. Motion Hearing set for 3/8/2006 11:00 AM before Magistrate Judge Daniel E. Knowles III. (ijg, ) (Entered: 02/16/2006)

NOTICE by all defendants of submission of names and last known addresses of potential opt-in plaintiffs as required by the Court's 94 Order of 1/27/2006. (ijg, ) (Entered: 02/16/2006)

RESPONSE to Motion filed by all defendants re 97 MOTION to Compel MOTION for Sanctions MOTION for contempt. (ijg, ) (Entered: 02/16/2006)