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: June 22, 2009

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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. 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.

The case was dismissed on June 22, 2009, and is now closed.

Summary Authors

Dan Dalton (12/10/2007)

Carlos Hurtado-Esteve (9/17/2024)

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)

Attorney for Plaintiff

Bauer, Mary C. (Virginia)

Gerharz, Barry James (Louisiana)

Graunke, Kristi L (Alabama)

Attorney for Defendant

Dorminey, Elizabeth K. (Georgia)

Judge(s)

Africk, Lance M. (Louisiana)

Knowles, Daniel E. III (Louisiana)

Attorney for Plaintiff

Bauer, Mary C. (Virginia)

Gerharz, Barry James (Louisiana)

Graunke, Kristi L (Alabama)

Lapointe, Michelle R. (Louisiana)

Linares, Hector A. (Louisiana)

Mallery, Mark N. (Louisiana)

Turner, Andrew Hess (Alabama)

White, Christine M. (Louisiana)

Attorney for Defendant

Dorminey, Elizabeth K. (Georgia)

Huffman, Gerald James (Louisiana)

Moore, Christopher E. (Louisiana)

Oliver, Paul (Georgia)

Passmore, Walter J. (Texas)

Stine, James Larry (Georgia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:05-cv-01355	Docket (PACER)	May 11, 2006	May 11, 2006 Docket
51 2:05-cv-01355	Order & Reasons Recinos-Recinos v. Express Forestry Inc.	Oct. 6, 2005	Oct. 6, 2005 Order/Opinion 2005 WL 3543722
93 2:05-cv-01355	Memorandum Opinion & Order Recinos-Recinos v. Express Forestry Inc.	Jan. 24, 2006	Jan. 24, 2006 Order/Opinion 2006 WL 197030
94 2:05-cv-01355	Order & Reasons Recinos-Recinos v. Express Forestry Inc.	Jan. 30, 2006	Jan. 30, 2006 Order/Opinion 233 F.R.D. 472
155 2:05-cv-01355	Order & Reasons Recinos-Recinos v. Express Forestry Inc.	Aug. 11, 2006	Aug. 11, 2006 Order/Opinion 2006 WL 2349459
213 2:05-cv-01355	Order & Reasons Recinos-Recinos v. Express Forestry Inc.	Nov. 20, 2006	Nov. 20, 2006 Order/Opinion 2006 WL 3388485
2:05-cv-01355	Proposed Settlement Agreement Recinos-Recinos v. Express Forestry Inc.	Jan. 1, 2007	Jan. 1, 2007 Settlement Agreement

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Resources

Resources related to this case
Title	Description		External URL Date / 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.	August 19, 2008	Aug. 19, 2008 https://www.splcenter.org/...

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Docket

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

Last updated July 22, 2026, 5:13 a.m.

Docket for: Recinos-Recinos v. Express Forestry, Inc.

ECF Number	Date	Description	Link
1	April 7, 2005	COMPLAINT against all defendants (Filing fee $ 250.) filed by all plaintiffs. 3 summons issued.(ijg, ) (Entered: 04/12/2005)	RECAP
2	April 7, 2005	Summons Issued as to Express Forestry, Inc., Rick Thomas, Sandy Thomas. (ijg, ) (Entered: 04/12/2005)	RECAP
3	April 7, 2005	MOTION to Appear Pro Hac Vice by Mary C. Bauer by on behalf of all plaintiffs. (ijg, ) (Entered: 04/12/2005)	RECAP
5	April 7, 2005	MOTION to Appear Pro Hac Vice by Andrew H. Turner on behalf of all plaintiffs. (ijg, ) (Entered: 04/12/2005)	RECAP
4	April 11, 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)	RECAP
6	April 11, 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)	RECAP
7	April 29, 2005	SUMMONS Returned Executed; Express Forestry, Inc. served on 4/22/2005, answer due 5/12/2005. (caa, ) (Entered: 05/02/2005)	RECAP
8	April 29, 2005	SUMMONS Returned Executed; Rick Thomas served on 4/22/2005, answer due 5/12/2005. (caa, ) (Entered: 05/02/2005)	RECAP
9	April 29, 2005	SUMMONS Returned Executed; Sandy Thomas served on 4/22/2005, answer due 5/12/2005. (caa, ) (Entered: 05/02/2005)	RECAP
10	May 2, 2005	NOTICE of filing of additional consent to sue by Domingo Aguilar. (ijg, ) Modified on 10/19/2005 (ijg, ). (Entered: 05/03/2005)	RECAP
11	May 11, 2005	MOTION for Extension of Time to file responsive pleadings by Express Forestry, Inc., Rick Thomas, Sandy Thomas. (ijg, ) (Entered: 05/12/2005)	RECAP
12	May 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)	RECAP
13	May 23, 2005	ANSWER to Complaint by Defendants Rick Thomas, Sandy Thomas.(ijg, ) (Entered: 05/24/2005)	RECAP
14	May 23, 2005	ANSWER to Complaint by Defendant Express Forestry, Inc.(ijg, ) (Entered: 05/24/2005)	RECAP
15	May 23, 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)	RECAP
16	May 23, 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)	RECAP
17	May 25, 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)	RECAP
19	June 6, 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)	RECAP
18	June 7, 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)	RECAP
20	June 8, 2005	MOTION to Continue Hearing on dfts' motion to dismiss by all plaintiffs. (ijg, ) (Entered: 06/10/2005)	RECAP
21	June 9, 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)	RECAP
22	June 27, 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)	RECAP
23	June 27, 2005	Request for Oral Argument by all plaintiffs regarding 22 MOTION to Certify Class. (gec, ) (Entered: 07/06/2005)	RECAP
24	July 5, 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)	RECAP
25	July 5, 2005	MEMORANDUM in Opposition filed by all plaintiffs re 15 MOTION to Dismiss for Lack of Personal Jurisdiction. (gec, ) (Entered: 07/08/2005)	RECAP
26	July 5, 2005	Request of Oral Argument by all plaintiffs regarding 15 MOTION to Dismiss for Lack of Personal Jurisdiction. (ijg, ) (Entered: 07/13/2005)	RECAP
28	July 5, 2005	MOTION to Appear Pro Hac Vice by Kristi L. Graunke (Filing fee $5.) on behalf of all plaintiffs. (lag, ) (Entered: 07/19/2005)	RECAP
27	July 13, 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)	RECAP
29	July 13, 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)	RECAP
30	Aug. 2, 2005	MOTION to Continue and reschedule hearing on plas' motion for certification of class by all defendants. (ijg, ) (Entered: 08/05/2005)	RECAP
31	Aug. 4, 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)	RECAP
32	Aug. 4, 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)	RECAP
33	Aug. 8, 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 View on PACER	RECAP
34	Aug. 8, 2005	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)	RECAP
35	Aug. 8, 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)	RECAP
36	Aug. 10, 2005	MOTION to Appear Pro Hac Vice by James Larry Stine (Filing fee $5.) on behalf of all defendants. (ijg, ) (Entered: 08/15/2005)	RECAP
38	Aug. 10, 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)	RECAP
40	Aug. 10, 2005	MOTION to Appear Pro Hac Vice by Paul Oliver (Filing fee $5.) on behalf of all defendants. (ijg, ) (Entered: 08/15/2005)	RECAP
42	Aug. 10, 2005	MOTION to Substitute Counsel by all defendants. (ijg, ) (Entered: 08/15/2005)	RECAP
44	Aug. 10, 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)	RECAP
37	Aug. 11, 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)	RECAP
39	Aug. 11, 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)	RECAP
41	Aug. 11, 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)	RECAP
43	Aug. 12, 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)	RECAP
45	Aug. 12, 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)	RECAP
46	Sept. 19, 2005	NOTICE of Filing Consents to Sue by plaintiffs. (ijg, ) (Entered: 10/04/2005)	RECAP
47	Sept. 19, 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)	RECAP
48	Sept. 27, 2005	NOTICE of Filing Consents to Sue by all plaintiffs. (ijg, ) (Entered: 10/04/2005)	RECAP
49	Oct. 3, 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)	RECAP
50	Oct. 3, 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)	RECAP
51	Oct. 6, 2005	ORDER denying 15 Motion to Dismiss for Lack of Jurisdiction . Signed by Judge Lance M Africk on 10/5/05. (ijg, )	Clearinghouse
52	Oct. 11, 2005	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)	RECAP
53	Oct. 11, 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)	RECAP
64	Oct. 11, 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)	RECAP
54	Oct. 12, 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)	RECAP
55	Oct. 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)	RECAP
56	Oct. 13, 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)	RECAP
57	Oct. 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)	RECAP
58	Oct. 18, 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)	RECAP
59	Oct. 18, 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)	RECAP
60	Oct. 18, 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)	RECAP
61	Oct. 18, 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)	RECAP
65	Oct. 18, 2005	MOTION for Leave to supplement the record by Express Forestry, Inc., Rick Thomas, Sandy Thomas. (dno, ) (Entered: 10/28/2005)	RECAP
62	Oct. 21, 2005	Response by all plaintiffs to defendants' motion for leave to supplement the record. (gbw, ) (Entered: 10/26/2005)	RECAP
63	Oct. 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)	RECAP
66	Oct. 26, 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)	RECAP
67	Oct. 27, 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)	RECAP
68	Oct. 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)	RECAP
71	Oct. 28, 2005	MOTION for Leave to File surreply by Express Forestry, Inc., Rick Thomas, Sandy Thomas. (ijg, ) (Entered: 11/14/2005)	RECAP
69	Nov. 2, 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)	RECAP
70	Nov. 7, 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)	RECAP
72	Nov. 14, 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)	RECAP
74	Nov. 16, 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)	RECAP
73	Nov. 18, 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)	RECAP
75	Nov. 18, 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)	RECAP
76	Nov. 18, 2005	REPLY filed by all plaintiffs in support of their 22 MOTION for Certification of Class Action. (gbw, ) (Entered: 11/21/2005)	RECAP
77	Nov. 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)	RECAP
78	Nov. 28, 2005	NOTICE of filing consents to sue by Alvaro Adalberto Hernandez. (ijg, ) (Entered: 12/01/2005)	RECAP
79	Nov. 28, 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)	RECAP
83	Nov. 29, 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)	RECAP
81	Nov. 30, 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)	RECAP
80	Dec. 1, 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)	RECAP
84	Dec. 12, 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)	RECAP
85	Dec. 13, 2005	RESPONSE to Motion filed by all defendants re 79 MOTION to Compel. (ijg, ) (Entered: 12/14/2005)	RECAP
86	Dec. 16, 2005	REPLY in Support of 79 MOTION to Compel filed by all plaintiffs. (ijg, ) (Entered: 12/19/2005)	RECAP
87	Dec. 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)	RECAP
88	Jan. 11, 2006	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)	RECAP
89	Jan. 19, 2006	MOTION to Expedite Hearing on Motion for Protective Order by all defendants. (ijg, ) (Entered: 01/20/2006)	RECAP
90	Jan. 19, 2006	Renewed MOTION to Expedite Hearing on Motion for Protective Order by all defendants. (ijg, ) (Entered: 01/20/2006)	RECAP
92	Jan. 19, 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)	RECAP
91	Jan. 20, 2006	MOTION for Protective Order by all defendants. (ijg, ) (Entered: 01/20/2006)	RECAP
93	Jan. 24, 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, )	Clearinghouse
94	Jan. 30, 2006	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, )	Clearinghouse
95	Feb. 7, 2006	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)	RECAP
96	Feb. 8, 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)	RECAP
97	Feb. 13, 2006	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	RECAP
98	Feb. 13, 2006	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	RECAP
99	Feb. 15, 2006	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)	RECAP
100	Feb. 15, 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)	RECAP
101	Feb. 15, 2006	RESPONSE to Motion filed by all defendants re 97 MOTION to Compel MOTION for Sanctions MOTION for contempt. (ijg, ) (Entered: 02/16/2006)	RECAP

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Case Details

State / Territory:

Louisiana

Case Type(s):

Immigration and/or the Border

Labor Rights

Key Dates

Filing Date: April 7, 2005

Closing Date: June 22, 2009

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

Private Entity/Person

Express Forestry Inc.

Case Details

Causes of Action:

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

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

Other Dockets:

Eastern District of Louisiana 2:05-cv-01355

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $220,000

Issues

Immigration/Border:

Employer sanctions

Employment

Recommended Citation

Case Summary of Hugo Martin Recinos-Recinos v. Express Forestry Inc., Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/10570/ (last updated 9/17/2024).