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

2:05-cv-01355 | U.S. District Court for the Eastern District of Louisiana

Filed Date: April 7, 2005

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On April 7, 2005, attorneys with the Immigrant Justice Project of the Southern Poverty Law Center and the Juvenile Justice Project of Louisiana filed a class action lawsuit in the U.S. District Court for the Eastern District of Louisiana on behalf of over 300 predominantly Guatemalan and Mexican migrant workers, admitted to work in the U.S. pursuant to H-2B temporary foreign worker visa program, who planted trees and performed other forestry-related activities for Express Forestry Inc. Plainti…

On April 7, 2005, attorneys with the Immigrant Justice Project of the Southern Poverty Law Center and the Juvenile Justice Project of Louisiana filed a class action lawsuit in the U.S. District Court for the Eastern District of Louisiana on behalf of over 300 predominantly Guatemalan and Mexican migrant workers, admitted to work in the U.S. pursuant to H-2B temporary foreign worker visa program, who planted trees and performed other forestry-related activities for Express Forestry Inc. Plaintiffs alleged that Express Forestry Inc. violated their rights secured by the Migrant and Seasonal Agricultural Worker Protection Act ("AWPA"), 29 U.S.C. §§ 1801-1871, and the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 201-219. They sought restitution of unpaid wages, an award of money damages, declaratory relief, and injunctive relief.

Defendants moved to dismiss for lack of personal jurisdiction. That motion was denied. Recinos-Recinos v. Express Forestry, Inc., 2005 WL 3543722, 2005 U.S. Dist. LEXIS 36871 (E.D.La. Oct 06, 2005).

Plaintiffs alleged that after the lawsuit was filed, agents of the defendants harassed and threatened potential plaintiffs and their families in villages in Guatemala. Plaintiffs sought a court order to prevent such conduct. The Court (Magistrate Judge Daniel E. Knowles, III) issued an emergency protective order enjoining defendants and their agents from unilateral communications with plaintiffs, opt-in plaintiffs, potential plaintiffs, and/or their families regarding the litigation. Recinos-Recinos v. Express Forestry, Inc., 2006 WL 197030, 2006 U.S. Dist. LEXIS 2510 (E.D.La. Jan 24, 2006). The District Court (Judge Lance M. Africk) then granted plaintiffs' motion for certification of class action and for conditional certification of FLSA collective action. Recinos-Recinos v. Express Forestry, Inc., 233 F.R.D. 472 (E.D.La. Jan 30, 2006).

Discovery followed and the Court was called upon to resolve several discovery disputes and requests for discovery sanctions against the defendants. See Recinos-Recinos v. Express Forestry, Inc., 2006 WL 2349459, 2006 U.S. Dist. LEXIS 56178 (E.D.La. Aug 11, 2006) and Recinos-Recinos v. Express Forestry, Inc., 2006 WL 3388485, 2006 U.S. Dist. LEXIS 84583 (E.D.La. Nov 20, 2006). After discovery, the parties engaged in settlement negotiations.

A settlement agreement was reached and approved by the District Court (Judge Lance M Africk) on May 11, 2007. The Agreement called for the payment of $220,000, to be paid out to class members in accordance with an agreed distribution scheme. Defendants also agreed to injunctive relief in the form of various policy changes aimed at preventing further violations of rights of migrant and seasonal workers. Plaintiffs' attorneys agreed to waive all fees and costs they incurred prior to the settlement. If enforcement of the settlement terms became necessary, defendants would be liable for fees incurred by plaintiffs in any successful enforcement proceedings.

Summary Authors

Dan Dalton (12/10/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4692702/parties/recinos-recinos-v-express-forestry-inc/


Judge(s)

Africk, Lance M. (Louisiana)

Knowles, Daniel E. III (Louisiana)

Attorneys(s) for Plaintiff

Bauer, Mary C. (Virginia)

Gerharz, Barry James (Louisiana)

Graunke, Kristi L (Alabama)

Linares, Hector A. (Louisiana)

Mallery, Mark N. (Louisiana)

Turner, Andrew Hess (Alabama)

White, Christine M. (Louisiana)

Attorneys(s) for Defendant

Dorminey, Elizabeth K. (Georgia)

Judge(s)

Africk, Lance M. (Louisiana)

Knowles, Daniel E. III (Louisiana)

Attorneys(s) for Plaintiff

Bauer, Mary C. (Virginia)

Gerharz, Barry James (Louisiana)

Graunke, Kristi L (Alabama)

Linares, Hector A. (Louisiana)

Mallery, Mark N. (Louisiana)

Turner, Andrew Hess (Alabama)

White, Christine M. (Louisiana)

Attorneys(s) for Defendant

Dorminey, Elizabeth K. (Georgia)

Moore, Christopher E. (Louisiana)

Oliver, Paul (Georgia)

Passmore, Walter J. (Texas)

Stine, James Larry (Georgia)

Documents in the Clearinghouse

Document

Docket (PACER)

May 11, 2006 Docket
51

Order & Reasons

Recinos-Recinos v. Express Forestry Inc.

2005 WL 3543722

Oct. 6, 2005 Order/Opinion
93

Memorandum Opinion & Order

Recinos-Recinos v. Express Forestry Inc.

2006 WL 197030

Jan. 24, 2006 Order/Opinion
94

Order & Reasons

Recinos-Recinos v. Express Forestry Inc.

233 F.R.D. 472

Jan. 30, 2006 Order/Opinion
155

Order & Reasons

Recinos-Recinos v. Express Forestry Inc.

2006 WL 2349459, 2006 U.S.Dist.LEXIS 84583

Aug. 11, 2006 Order/Opinion
213

Order & Reasons

Recinos-Recinos v. Express Forestry Inc.

2006 WL 3388485

Nov. 20, 2006 Order/Opinion

Proposed Settlement Agreement

Recinos-Recinos v. Express Forestry Inc.

Jan. 1, 2007 Settlement Agreement

Resources

Title Description External URL

Hugo Martin Recinos-Recinos, et al. v. Express Forestry Inc., et al.

Southern Poverty Law Center

Class action lawsuit against forestry company for violations of minimum wage and overtime protections and for other violations of the Migrant and Seasonal Agricultural Worker Protection Act. Aug. 19, 2008 https://www.splcenter.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4692702/recinos-recinos-v-express-forestry-inc/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

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

April 7, 2005 PACER
2

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

April 7, 2005 PACER
3

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

April 7, 2005 PACER
5

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

April 7, 2005 PACER
4

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)

April 11, 2005 PACER
6

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)

April 11, 2005 PACER
7

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

April 29, 2005 PACER
8

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

April 29, 2005 PACER
9

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

April 29, 2005 PACER
10

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

May 2, 2005 PACER
11

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

May 11, 2005 PACER
12

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)

May 12, 2005 PACER
13

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

May 23, 2005 PACER
14

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

May 23, 2005 PACER
15

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)

May 23, 2005 PACER
16

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)

May 23, 2005 PACER
17

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)

May 25, 2005 PACER
19

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

June 6, 2005 PACER
18

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)

June 7, 2005 PACER
20

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

June 8, 2005 PACER
21

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)

June 9, 2005 PACER
22

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)

June 27, 2005 RECAP
23

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

June 27, 2005 PACER
24

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)

July 5, 2005 PACER
25

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

July 5, 2005 PACER
26

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

July 5, 2005 PACER
28

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

July 5, 2005 PACER
27

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)

July 13, 2005 PACER
29

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)

July 13, 2005 PACER
30

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

Aug. 2, 2005 PACER
31

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)

Aug. 4, 2005 PACER
32

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)

Aug. 4, 2005 PACER
33

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

View on PACER

Aug. 8, 2005 PACER
34

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)

Aug. 8, 2005 PACER
35

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)

Aug. 8, 2005 PACER
36

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

Aug. 10, 2005 PACER
38

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)

Aug. 10, 2005 PACER
40

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

Aug. 10, 2005 PACER
42

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

Aug. 10, 2005 PACER
44

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)

Aug. 10, 2005 PACER
37

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)

Aug. 11, 2005 PACER
39

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)

Aug. 11, 2005 PACER
41

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

Aug. 11, 2005 PACER
43

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)

Aug. 12, 2005 PACER
45

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)

Aug. 12, 2005 PACER
46

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

Sept. 19, 2005 PACER
47

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)

Sept. 19, 2005 PACER
48

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

Sept. 27, 2005 PACER
49

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)

Oct. 3, 2005 PACER
50

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)

Oct. 3, 2005 PACER
51

ORDER denying 15 Motion to Dismiss for Lack of Jurisdiction . Signed by Judge Lance M Africk on 10/5/05. (ijg, ) (Entered: 10/07/2005)

Oct. 6, 2005 RECAP
52

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)

Oct. 11, 2005 PACER
53

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)

Oct. 11, 2005 PACER
64

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)

Oct. 11, 2005 PACER
54

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)

Oct. 12, 2005 PACER
55

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)

Oct. 13, 2005 PACER
56

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)

Oct. 13, 2005 PACER
57

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)

Oct. 17, 2005 PACER
58

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)

Oct. 18, 2005 PACER
59

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)

Oct. 18, 2005 PACER
60

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

Oct. 18, 2005 PACER
61

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)

Oct. 18, 2005 PACER
65

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

Oct. 18, 2005 PACER
62

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

Oct. 21, 2005 PACER
63

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)

Oct. 26, 2005 PACER
66

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)

Oct. 26, 2005 PACER
67

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)

Oct. 27, 2005 PACER
68

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)

Oct. 28, 2005 PACER
71

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

Oct. 28, 2005 PACER
69

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)

Nov. 2, 2005 PACER
70

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

Nov. 7, 2005 PACER
72

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)

Nov. 14, 2005 PACER
74

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)

Nov. 16, 2005 PACER
73

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)

Nov. 18, 2005 PACER
75

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)

Nov. 18, 2005 PACER
76

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

Nov. 18, 2005 PACER
77

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)

Nov. 21, 2005 PACER
78

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

Nov. 28, 2005 PACER
79

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)

Nov. 28, 2005 PACER
83

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)

Nov. 29, 2005 PACER
81

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)

Nov. 30, 2005 PACER
80

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)

Dec. 1, 2005 PACER
84

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)

Dec. 12, 2005 PACER
85

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

Dec. 13, 2005 PACER
86

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

Dec. 16, 2005 PACER
87

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)

Dec. 19, 2005 PACER
88

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)

Jan. 11, 2006 PACER
89

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

Jan. 19, 2006 PACER
90

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

Jan. 19, 2006 PACER
92

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)

Jan. 19, 2006 PACER
91

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

Jan. 20, 2006 PACER
93

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, ) (Entered: 01/25/2006)

Jan. 24, 2006 RECAP
94

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, ) (Entered: 01/30/2006)

Jan. 30, 2006 RECAP
95

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)

Feb. 7, 2006 PACER
96

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)

Feb. 8, 2006 PACER
97

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

1 Exhibits

View on PACER

Feb. 13, 2006 PACER
98

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

View on PACER

2 Exhibits to Motion

View on PACER

Feb. 13, 2006 PACER
99

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)

Feb. 15, 2006 PACER
100

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)

Feb. 15, 2006 PACER
101

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

Feb. 15, 2006 PACER

State / Territory: Louisiana

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: April 7, 2005

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Over 300 predominantly Guatemalan and Mexican migrant workers, admitted to work in the U.S. pursuant to H-2B temporary foreign worker visa program, who planted trees and performed other forestry-related activities for Express Forestry Inc.

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

Express Forestry 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

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

Issues

Immigration/Border:

Employer sanctions

Employment