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1
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COMPLAINT filed; FILING FEE $150 RECEIPT #66751; Service deadline 2/21/2003 for Del-Al Associates, for NC Growers' Assoc, for International Labor, for James Zappala, for Zappala Enterprises, for Zappala Holding, Co., for Zappala Farms, LLC, for Sterling Onions, Inc., filed by MARCELA OLVERA-MORALES. (Original documents filed in the Northern District of New York)(McClain, Abby) (Entered: 06/22/2005)
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Dec. 23, 2002
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Dec. 23, 2002
RECAP
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2
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ANSWER to Complaint by DEL-AL ASSOCIATES, INC. (Attorney John T. McCann), jury demand.(Original documents filed in the Northern District of New York)(McClain, Abby) (Entered: 06/22/2005)
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Feb. 19, 2003
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Feb. 19, 2003
PACER
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3
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ANSWER to Complaint and CROSSCLAIM against INTERNATIONAL LABOR MANAGEMENT CORPORATION, INC., NORTH CAROLINA GROWERS' ASSOCIATION, INC. by STERLING ONIONS, INC., ZAPPALA FARMS, LLC, ZAPPALA HOLDING COMPANY, LLC, ZAPPALA ENTERPRISES, INC., and JAMES ZAPPALA. (Original documents filed in the District of New York)(McClain, Abby) (Entered: 06/22/2005)
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March 14, 2003
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March 14, 2003
PACER
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4
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NOTICE/DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendants STERLING ONIONS, INC., JAMES ZAPPALA, ZAPPALA FARMS, LLC, ZAPPALA HOLDING COMPANY, LLC, ZAPPALA ENTERPRISES, INC.(Original documents filed in the District of New York) (McClain, Abby) (Entered: 06/22/2005)
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March 14, 2003
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March 14, 2003
PACER
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5
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ANSWER to Complaint by INTERNATIONAL LABOR MANAGEMENT CORPORATION, INC., NORTH CAROLINA GROWERS' ASSOCIATION, INC.(Original documents filed in the Northern District of New York)(McClain, Abby) (Entered: 06/22/2005)
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March 14, 2003
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March 14, 2003
PACER
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6
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ANSWER by INTERNATIONAL LABOR MANAGEMENT CORPORATION, INC., NORTH CAROLINA GROWERS' ASSOCIATION, INC.to cross claim of Defendants: Sterling Onions' and Zappala Enterprises.(McClain, Abby) (Entered: 06/22/2005)
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March 28, 2003
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March 28, 2003
PACER
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12
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ANSWER by International Labor, NC Growers' Assoc to [9-2] cross claim of Defts. Sterling Onions' and Zappala Enterprises. (lmp) Additional attachment(s) added on 6/17/2005 (lmp, ). (Entered: 03/28/2003)
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March 28, 2003
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March 28, 2003
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7
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MINUTE ENTRY of Rule 16 Conference before MJ Sharpe:App: Wendy Weiser, Esq., Daniel Werner, Esq., for pltfs., Joseph Wallen, Esq.Virginia Piekarski, Esq., John T. McCann, Esq., and Gary Fuller, Esq. for Defts.- Parties discuss completing written discovery and depositions last; Atty Weiser for the Pltf suggests that 30(b)(6) depositions may need to be done of 3 witnesses along with written discovery; Judge Sharpe opts case out of ADR; Judge Sharpe orders document requests and interrogatories to be served by 5/6/03; Reply to requests and interrogatoris due 7/7/03; Atty Loftis and Atty Fuller state they may want to file a motion to dismiss pursuant to 12(b)(6) after written discovery is completed;Atty Weiser states she may need to conduct Rule 30(b)(6) depositions to respond to the motions to dismiss; Judge Sharpe will not issue a pretrial scheduling order until after the motions have been decided by Judge Mordue; Judge Sharpe sets the motion deadlines. Dispositive motions to be filed by 8/7/03; Response to motions due 9/9/03; Reply to motion by 9/22/03; Motions shall be made returnable before Judge Mordue with a 10/22/03 return date. Judge Sharpe orders no Rule 30(b)(6) depositions are to be taken at this time, and he will entertain additional discovery if the need arises to respond to the motion at the request of parties; Rule 16 conference to be scheduled after the decisions of the motions.Minute Entry held on 4/22/2003. (Original documents filed in the Northern District of New York) (Court Reporter Judi L. McNicholas.) (McClain, Abby) (Entered: 06/22/2005)
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April 22, 2003
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April 22, 2003
PACER
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8
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Minute Entry for proceedings held before Judge David E. Peebles: Initial Pretrial Conference held on 10/21/2004. Parties agree that there are no longer any cross-claims pending regarding the Zappala entities and Sterling Onion. Judge advises that the Zappala entities and Sterling Onion will be terminated from the court's docket as defendants in this lawsuit. Del-Al has presented a settlement offer to plaintiff's counsel and settlement negotiations are ongoing. Del-Al is located in Virginia and ILMC is located in the MDNC. Parties discuss if this case should remain in this district. Plaintiffs' counsel states that they would oppose any motion to change venue. Initial disclosures have been exchanged and some discovery has been done regarding the previous motion for summary judgement that was filed. Plaintiffs' counsel advises that they will need supplemental discovery and requests additional interrogatories and depositions over the 25 interrog. and 10 depo. allowed by the court. Judge directs the parties to work on discovery and try to work this out. If they cannot, the parties are to request court intervention. Plaintiff currently resides in Mexico and does not speak English. Parties are working on holding plaintiff's deposition somewhere close to the border, since plaintiff may not have a visa to come into the U.S. for the deposition. Judge sets motions for class certification ddl. to 8/1/05. Joinder & amendment ddls. are set for 6/30/05, discovery ddl. is set for 10/31/05, and motion filing ddl. is set for 1/31/06. Jury trial is expected to last 10 days in Syracuse. Next telephone conference is set for 2/4/05 at 3:00pm Plaintiff's counsel is to initiate the call. Minute Entry held on 10/21/2004. (Original documents filed in the Northern District of New York) (McClain, Abby) (Entered: 06/22/2005)
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Oct. 21, 2004
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Oct. 21, 2004
PACER
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9
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UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 10 days Jury Trial. Preferred Trial Location: Syracuse, New York. Joinder of Parties due by 6/30/2005. Amender Pleadings due by 6/30/2005. Discovery due by 10/31/2005. Motions to be filed by 1/31/2006. Parties opt out of ADR program.(Original documents filed in the Northern District of New York) Signed by Judge David E. Peebles on 10/22/2004. (McClain, Abby) (Entered: 06/22/2005)
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Oct. 22, 2004
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Oct. 22, 2004
PACER
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10
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LETTER BRIEF re: request for discovery conference by Plaintiff MARCELA OLVERA-MORALES. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H)(Original documents filed in the Northern District of New York)(McClain, Abby) (Entered: 06/22/2005)
2 Exhibit A
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3 Exhibit B
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4 Exhibit C
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5 Exhibit D
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6 Exhibit E
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7 Exhibit F
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8 Exhibit G
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9 Exhibit H
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June 14, 2005
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June 14, 2005
PACER
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11
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ORDER granting 70 Motion to Transfer Case, and granting 71 Motion to Transfer Case to Middle District of North Carolina. (Original documents filed in the Northern District of New York) Signed by Judge Norman A. Mordue on 06/15/2005. (McClain, Abby) (Entered: 06/22/2005)
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June 15, 2005
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June 15, 2005
PACER
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14
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NOTICE of Appearance by Defendant DEL-AL ASSOCIATES, INC. of Jeffrey D. Patton and Nathan B. Atkinson on behalf of defendant. (Simmonds, Lisa) Modified on 8/19/2005 to correct docket text(Simmonds, Lisa). (Entered: 08/19/2005)
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Aug. 15, 2005
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Aug. 15, 2005
PACER
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13
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MOTION for Pro Hac Vice Admission Gary L. Fuller by Attorney JEFFREY DEAN PATTON on behalf of Defendant DEL-AL ASSOCIATES, INC. (PATTON, JEFFREY) (Entered: 08/16/2005)
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Aug. 16, 2005
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Aug. 16, 2005
PACER
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16
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NOTICE of Appearance by Plaintiff MARCELA OLVERA-MORALES as to Carol L. Brooke and Carlene McNulty on behalf of plaintiff. (Simmonds, Lisa) (Entered: 08/23/2005)
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Aug. 19, 2005
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Aug. 19, 2005
PACER
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15
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ORDER Granting 13 Motion for Pro Hac Vice Admission of Gary L. Fuller as counsel for defendant Del-Al Associates, Inc. Signed by Judge P. TREVOR SHARP on 8/22/05. (Simmonds, Lisa) (Entered: 08/22/2005)
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Aug. 22, 2005
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Aug. 22, 2005
PACER
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17
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NOTICE of Hearing:Initial Pretrial Conference set for 10/31/2005 09:30 AM in Greensboro Courtroom #1A before MAG/JUDGE P. TREVOR SHARP. (Williamson, Wanda) (Entered: 09/02/2005)
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Sept. 2, 2005
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Sept. 2, 2005
PACER
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18
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NOTICE of Appearance by attorney WILLIAM RANDOLPH LOFTIS, JR on behalf of Defendants INTERNATIONAL LABOR MANAGEMENT CORPORATION, INC., NORTH CAROLINA GROWERS' ASSOCIATION, INC., Cross Defendants INTERNATIONAL LABOR MANAGEMENT CORPORATION, INC., NORTH CAROLINA GROWERS' ASSOCIATION, INC. (LOFTIS, WILLIAM) (Entered: 09/09/2005)
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Sept. 9, 2005
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Sept. 9, 2005
PACER
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19
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NOTICE of Hearing:Initial Pretrial Conference reset for 11/28/2005 09:30 AM in Greensboro Courtroom #1A before MAG/JUDGE P. TREVOR SHARP. (Williamson, Wanda) (Entered: 10/21/2005)
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Oct. 21, 2005
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Oct. 21, 2005
PACER
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20
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NOTICE by DEL-AL ASSOCIATES, INC. Vacation Letter (FULLER, GARY) (Entered: 04/19/2006)
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April 19, 2006
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April 19, 2006
PACER
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21
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MOTION for Pro Hac Vice Admission of TIMOTHY CASEY by MARCELA OLVERA-MORALES. (Attachments: # 1 Affidavit # 2 Proposed Order)(Welch, Kelly) (Entered: 05/08/2006)
2 Affidavit
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3 Proposed Order
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May 4, 2006
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May 4, 2006
PACER
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22
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MOTION for Pro Hac Vice Admission of ANDREW DAVIN STILLUFSEN by MARCELA OLVERA-MORALES. (Attachments: # 1 Affidavit # 2 Proposed Order)(Welch, Kelly) (Entered: 05/08/2006)
2 Affidavit
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3 Proposed Order
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May 4, 2006
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May 4, 2006
PACER
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23
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MOTION for Pro Hac Vice Admission of ANDREW K. SOLOW by MARCELA OLVERA-MORALES. (Attachments: # 1 Affidavit # 2 Proposed Order)(Welch, Kelly) (Entered: 05/08/2006)
2 Affidavit
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3 Proposed Order
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May 4, 2006
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May 4, 2006
PACER
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24
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MOTION for Pro Hac Vice Admission of DANIEL WERNER by MARCELA OLVERA-MORALES. (Attachments: # 1 Affidavit # 2 Proposed Order)(Welch, Kelly) (Entered: 05/08/2006)
2 Affidavit
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3 Proposed Order
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May 4, 2006
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May 4, 2006
PACER
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25
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ECF 30 Day Notice as to Attorney CAROL L. BROOKE to 22 MOTION for Pro Hac Vice Admission, 21 MOTION for Pro Hac Vice Admission, 24 MOTION for Pro Hac Vice Admission, 23 MOTION for Pro Hac Vice Admission. (Welch, Kelly) (Entered: 05/08/2006)
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May 8, 2006
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May 8, 2006
PACER
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26
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ORDER signed by Judge P. TREVOR SHARP on 5/11/006, that the motions (Pleading Nos. 21, 22, 23 and 24) are GRANTED and that Timothy Casey, Andrew Davin Stillufsen, Andrew K. Solow, and Daniel Werner are permitted to appear specially as counsel for plaintiff. Mr. Casey, Mr. Stillufsen, Mr.Solow and Mr. Werner are subject to the jurisdiction of this Court for purposes of disciplinary matters relating to this case. (Welch, Kelly) (Entered: 05/11/2006)
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May 11, 2006
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May 11, 2006
PACER
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27
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REQUEST by Defendant DEL-AL ASSOCIATES, INC. for Vacation. (FULLER, GARY) (Entered: 05/22/2006)
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May 22, 2006
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May 22, 2006
PACER
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28
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Letter from Clerk to Attorney Fuller re 27 Request for Vacation. (Powell, Gloria) (Entered: 05/23/2006)
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May 23, 2006
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May 23, 2006
PACER
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29
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STATUS REPORT by INTERNATIONAL LABOR MANAGEMENT CORPORATION, INC., NORTH CAROLINA GROWERS' ASSOCIATION, INC.. (Attachments: # 1 Exhibit)(LOFTIS, WILLIAM) (Entered: 06/27/2006)
2 Exhibit
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June 27, 2006
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June 27, 2006
PACER
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30
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NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 8/28/2006 09:30 AM in Greensboro Courtroom #1A before MAG/JUDGE P. TREVOR SHARP. (Williamson, Wanda) (Entered: 07/28/2006)
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July 28, 2006
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July 28, 2006
PACER
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31
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Rule 26(f) Report (Individual) filed by all parties. by MARCELA OLVERA-MORALES. (Attachments: # 1 proposed Rule 26(f) order)(BROOKE, CAROL) (Entered: 08/18/2006)
2 proposed Rule 26(f) order
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Aug. 18, 2006
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Aug. 18, 2006
PACER
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32
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MOTION to Compel Discovery by MARCELA OLVERA-MORALES. (BROOKE, CAROL) (Entered: 08/18/2006)
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Aug. 18, 2006
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Aug. 18, 2006
PACER
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33
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MEMORANDUM filed by Plaintiff MARCELA OLVERA-MORALES re 32 MOTION to Compel Discovery filed by MARCELA OLVERA-MORALES. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Certificate of Conference)(BROOKE, CAROL) (Entered: 08/18/2006)
2 Exhibit A
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3 Exhibit B
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4 Exhibit C
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5 Exhibit D
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6 Exhibit E
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7 Exhibit F
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8 Certificate of Conference
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Aug. 18, 2006
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Aug. 18, 2006
PACER
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34
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CERTIFICATE OF SERVICE by MARCELA OLVERA-MORALES re 31 Rule 26(f) Report (Individual) filed by all parties. Amended (BROOKE, CAROL) (Entered: 08/18/2006)
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Aug. 18, 2006
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Aug. 18, 2006
PACER
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35
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CERTIFICATE OF SERVICE by MARCELA OLVERA-MORALES re 32 MOTION to Compel Discovery Amended (BROOKE, CAROL) (Entered: 08/18/2006)
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Aug. 18, 2006
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Aug. 18, 2006
PACER
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36
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Rule 26(f) Report (Individual) filed by all parties. Responses due by 9/13/2006 by INTERNATIONAL LABOR MANAGEMENT CORPORATION, INC., NORTH CAROLINA GROWERS' ASSOCIATION, INC., DEL-AL ASSOCIATES, INC..(LOFTIS, WILLIAM) (Entered: 08/21/2006)
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Aug. 21, 2006
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Aug. 21, 2006
PACER
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37
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JOINT MOTION to Strike Class Allegations by INTERNATIONAL LABOR MANAGEMENT CORPORATION, INC., NORTH CAROLINA GROWERS' ASSOCIATION, INC., DEL-AL ASSOCIATES, INC.. Responses due by 9/14/2006 (SHEA, ROBIN) (Entered: 08/22/2006)
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Aug. 22, 2006
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Aug. 22, 2006
PACER
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38
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MEMORANDUM filed by Defendants INTERNATIONAL LABOR MANAGEMENT CORPORATION, INC., NORTH CAROLINA GROWERS' ASSOCIATION, INC., DEL-AL ASSOCIATES, INC., Cross Defendants INTERNATIONAL LABOR MANAGEMENT CORPORATION, INC., NORTH CAROLINA GROWERS' ASSOCIATION, INC., Cross-Defendant DEL-AL ASSOCIATES, INC. re 37 JOINT MOTION to Strike Class Allegations filed by INTERNATIONAL LABOR MANAGEMENT CORPORATION, INC., NORTH CAROLINA GROWERS' ASSOCIATION, INC., DEL-AL ASSOCIATES, INC.. (Attachments: # 1 Affidavit Affidavit of W.R. Loftis, Jr.)(SHEA, ROBIN) (Entered: 08/22/2006)
2 Affidavit Affidavit of W.R. Loftis, Jr.
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Aug. 22, 2006
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Aug. 22, 2006
PACER
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39
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APPENDIX re 37 JOINT MOTION to Strike Class Allegations by Defendants INTERNATIONAL LABOR MANAGEMENT CORPORATION, INC., NORTH CAROLINA GROWERS' ASSOCIATION, INC., DEL-AL ASSOCIATES, INC., Cross Defendants INTERNATIONAL LABOR MANAGEMENT CORPORATION, INC., NORTH CAROLINA GROWERS' ASSOCIATION, INC., Cross-Defendant DEL-AL ASSOCIATES, INC.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q# 18 Exhibit R# 19 Exhibit S# 20 Exhibit T# 21 Exhibit U# 22 Exhibit V# 23 Exhibit W# 24 Exhibit X# 25 Exhibit Y# 26 Exhibit Z# 27 Exhibit AA# 28 Exhibit BB# 29 Exhibit CC# 30 Exhibit DD# 31 Exhibit EE# 32 Exhibit FF# 33 Exhibit GG# 34 Exhibit HH# 35 Exhibit II)(SHEA, ROBIN) (Entered: 08/22/2006)
2 Exhibit A
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3 Exhibit B
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4 Exhibit C
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5 Exhibit D
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6 Exhibit E
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7 Exhibit F
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8 Exhibit G
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9 Exhibit H
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10 Exhibit I
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11 Exhibit J
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12 Exhibit K
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13 Exhibit L
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14 Exhibit M
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15 Exhibit N
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16 Exhibit O
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17 Exhibit P
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18 Exhibit Q
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19 Exhibit R
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20 Exhibit S
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21 Exhibit T
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22 Exhibit U
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23 Exhibit V
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24 Exhibit W
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25 Exhibit X
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26 Exhibit Y
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27 Exhibit Z
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28 Exhibit AA
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29 Exhibit BB
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30 Exhibit CC
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31 Exhibit DD
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32 Exhibit EE
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33 Exhibit FF
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34 Exhibit GG
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35 Exhibit HH
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36 Exhibit II
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Aug. 22, 2006
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Aug. 22, 2006
PACER
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40
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Rule 26(f) Report (Individual) Amended filed defendants. Responses due by 9/25/2006 by INTERNATIONAL LABOR MANAGEMENT CORPORATION, INC., NORTH CAROLINA GROWERS' ASSOCIATION, INC., DEL-AL ASSOCIATES, INC. (LOFTIS, WILLIAM) Modified on 9/1/2006 (Welch, Kelly). (Entered: 08/31/2006)
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Aug. 31, 2006
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Aug. 31, 2006
PACER
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41
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RESPONSE in Opposition re 32 MOTION to Compel Discovery filed by INTERNATIONAL LABOR MANAGEMENT CORPORATION, INC., NORTH CAROLINA GROWERS' ASSOCIATION, INC..Replies due by 9/22/2006. (Attachments: # 1 Affidavit of W.R. Loftis, Jr.)(SHEA, ROBIN) Modified on 9/12/2006 to edit duplicate text(Welch, Kelly). (Entered: 09/11/2006)
2 Affidavit of W.R. Loftis, Jr.
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Sept. 11, 2006
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Sept. 11, 2006
PACER
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42
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APPENDIX re 41 Response in Opposition to Motion, by Defendants INTERNATIONAL LABOR MANAGEMENT CORPORATION, INC., NORTH CAROLINA GROWERS' ASSOCIATION, INC., Cross Defendants INTERNATIONAL LABOR MANAGEMENT CORPORATION, INC., NORTH CAROLINA GROWERS' ASSOCIATION, INC.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q# 18 Exhibit R# 19 Exhibit S# 20 Exhibit T# 21 Exhibit U# 22 Exhibit V# 23 Exhibit W# 24 Exhibit X# 25 Exhibit Y# 26 Exhibit Z# 27 Exhibit AA)(SHEA, ROBIN) Modified on 9/12/2006 to to edit exhibit description (Welch, Kelly). (Entered: 09/11/2006)
2 Exhibit A
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3 Exhibit B
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4 Exhibit C
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5 Exhibit D
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6 Exhibit E
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7 Exhibit F
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8 Exhibit G
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9 Exhibit H
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10 Exhibit I
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11 Exhibit J
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12 Exhibit K
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13 Exhibit L
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14 Exhibit M
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15 Exhibit N
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16 Exhibit O
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17 Exhibit P
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18 Exhibit Q
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19 Exhibit R
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20 Exhibit S
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21 Exhibit T
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22 Exhibit U
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23 Exhibit V
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24 Exhibit W
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25 Exhibit X
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26 Exhibit Y
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27 Exhibit Z
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28 Exhibit AA
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Sept. 11, 2006
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Sept. 11, 2006
PACER
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43
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RESPONSE in Opposition re 37 JOINT MOTION to Strike Class Allegations filed by MARCELA OLVERA-MORALES. (Attachments: # 1 Certificate of Service)(STILLUFSEN, ANDREW) (Entered: 09/14/2006)
2 Certificate of Service
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Sept. 14, 2006
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Sept. 14, 2006
PACER
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44
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DECLARATION of ANDREW DAVIN STILLUFSEN filed by Plaintiff MARCELA OLVERA-MORALES re 43 Response in Opposition to Motion filed by MARCELA OLVERA-MORALES. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Addendum# 5 Certificate of Service)(STILLUFSEN, ANDREW) (Entered: 09/14/2006)
2 Exhibit 1
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3 Exhibit 2
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4 Exhibit 3
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5 Addendum
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6 Certificate of Service
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Sept. 14, 2006
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Sept. 14, 2006
PACER
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45
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REPLY, filed by Plaintiff MARCELA OLVERA-MORALES, to Response to 32 MOTION to Compel Discovery filed by MARCELA OLVERA-MORALES. (Attachments: # 1 Addendum# 2 Certificate of Service)(STILLUFSEN, ANDREW) (Entered: 09/28/2006)
2 Addendum
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3 Certificate of Service
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Sept. 28, 2006
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Sept. 28, 2006
PACER
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46
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REPLY, filed by Defendants INTERNATIONAL LABOR MANAGEMENT CORPORATION, INC., NORTH CAROLINA GROWERS' ASSOCIATION, INC., DEL-AL ASSOCIATES, INC., to Response to 37 JOINT MOTION to Strike Class Allegations filed by INTERNATIONAL LABOR MANAGEMENT CORPORATION, INC., NORTH CAROLINA GROWERS' ASSOCIATION, INC., DEL-AL ASSOCIATES, INC. (SHEA, ROBIN) Modified on 10/3/2006 to edit duplicate text (Welch, Kelly). (Entered: 10/02/2006)
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Oct. 2, 2006
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Oct. 2, 2006
PACER
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47
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NOTICE of Hearing on Motion 32 MOTION to Compel Discovery, 37 JOINT MOTION to Strike Class Allegations : Motion Hearing set for 11/27/2006 03:00 PM in Greensboro Courtroom #1A before MAG/JUDGE P. TREVOR SHARP. (Williamson, Wanda) (Entered: 11/15/2006)
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Nov. 15, 2006
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Nov. 15, 2006
PACER
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48
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Rule 26(f) Report (Joint) filed by all parties by INTERNATIONAL LABOR MANAGEMENT CORPORATION, INC., NORTH CAROLINA GROWERS' ASSOCIATION, INC., DEL-AL ASSOCIATES, INC., MARCELA OLVERA-MORALES.(LOFTIS, WILLIAM) (Entered: 12/13/2006)
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Dec. 13, 2006
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Dec. 13, 2006
PACER
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49
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ORDER APPROVING RULE 26F REPORT (JOINT) signed by Judge P. TREVOR SHARP on 12/15/06. Discovery due by 6/29/2007. Any application to amend any pleading in this action shall be made by January 31, 2007. (Welch, Kelly) (Entered: 12/15/2006)
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Dec. 15, 2006
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Dec. 15, 2006
PACER
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50
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Joint MOTION for Extension of Time for Class Certification Motion Briefing Schdule by INTERNATIONAL LABOR MANAGEMENT CORPORATION, INC., NORTH CAROLINA GROWERS' ASSOCIATION, INC., DEL-AL ASSOCIATES, INC., MARCELA OLVERA-MORALES.Responses due by 1/13/2007 (Attachments: # 1 Text of Proposed Order)(LOFTIS, WILLIAM) (Entered: 12/21/2006)
2 Text of Proposed Order
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Dec. 21, 2006
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Dec. 21, 2006
PACER
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51
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ORDER signed by Judge P. TREVOR SHARP on 12/28/06, that the joint motion for extension (Pleading No. 50) is GRANTED and that Paragraph 3 of the Joint Rule 26(f) Report is modified as follows: Plaintiff's Moving brief is due February 15, 2007; Defendants' Opposition brief is due March 16, 2007; Plaintiff's Reply brief is due March 30, 2007. (Law, Trina) (Entered: 12/28/2006)
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Dec. 28, 2006
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Dec. 28, 2006
PACER
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52
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NOTICE of Hearing:Jury Trial set for 1/7/2008 09:30 AM in Unassigned Courtroom before UNASSIGNED. Trial Briefs, etc. due 12/18/2007. (Blumke, Sheila) (Entered: 01/08/2007)
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Jan. 8, 2007
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Jan. 8, 2007
PACER
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53
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ORDER Appointing JONATHAN R. HARKAVY as the mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Gammon, Cheryl) (Entered: 01/19/2007)
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Jan. 19, 2007
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Jan. 19, 2007
PACER
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54
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MOTION for Leave to File First Amended Original Answer and Jury Demand by DEL-AL ASSOCIATES, INC. Responses due by 2/23/2007 (Attachments: # 1 Exhibit 1 # 2 Exhibit 2)(FULLER, GARY) Modified on 2/2/2007 to include description as to attachments (Welch, Kelly). (Entered: 01/31/2007)
2 Exhibit 1
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3 Exhibit 2
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Jan. 31, 2007
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Jan. 31, 2007
PACER
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55
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ORDER signed by Judge P. TREVOR SHARP on 2/14/07, that Defendant Del-Al Associates, Inc.'s motion (Pleading No. 54 ) is hereby GRANTED and that Defendant Del-Al Associates, Inc.'s First Amended Original Answer and Jury Demand attached as Exhibit A to said Motion be filed with the papers of this cause. (Welch, Kelly) (Entered: 02/14/2007)
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Feb. 14, 2007
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Feb. 14, 2007
PACER
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56
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FIRST AMENDED ORIGINAL ANSWER to Complaint with Jury Demand by DEL-AL ASSOCIATES, INC.(Welch, Kelly) (Entered: 02/14/2007)
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Feb. 14, 2007
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Feb. 14, 2007
PACER
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57
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MOTION FOR CLASS CERTIFICATION (Oral Argument Requested) by MARCELA OLVERA-MORALES. (Attachments: # 1 Certificate of Service)(STILLUFSEN, ANDREW) Modified on 2/16/2007 to include additional text (Welch, Kelly). (Entered: 02/15/2007)
2 Certificate of Service
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Feb. 15, 2007
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Feb. 15, 2007
PACER
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58
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MEMORANDUM filed by Plaintiff MARCELA OLVERA-MORALES re 57 MOTION FOR CLASS CERTIFICATION filed by MARCELA OLVERA-MORALES. (Attachments: # 1 Certificate of Service)(STILLUFSEN, ANDREW) (Entered: 02/15/2007)
2 Certificate of Service
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Feb. 15, 2007
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Feb. 15, 2007
PACER
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59
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DECLARATION of ANDREW DAVIN STILLUFSEN filed by Plaintiff MARCELA OLVERA-MORALES re 57 MOTION FOR CLASS CERTIFICATION filed by MARCELA OLVERA-MORALES. (Attachments: # 1 Certificate of Service)(STILLUFSEN, ANDREW) (Entered: 02/15/2007)
2 Certificate of Service
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Feb. 15, 2007
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Feb. 15, 2007
PACER
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60
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DECLARATION of CAROL L. BROOKE filed by Plaintiff MARCELA OLVERA-MORALES re 57 MOTION FOR CLASS CERTIFICATION filed by MARCELA OLVERA-MORALES. (Attachments: # 1 Certificate of Service)(STILLUFSEN, ANDREW) (Entered: 02/15/2007)
2 Certificate of Service
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Feb. 15, 2007
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Feb. 15, 2007
PACER
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61
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DECLARATION of TIMOTHY CASEY filed by Plaintiff MARCELA OLVERA-MORALES re 57 MOTION FOR CLASS CERTIFICATION filed by MARCELA OLVERA-MORALES. (Attachments: # 1 Certificate of Service)(STILLUFSEN, ANDREW) (Entered: 02/15/2007)
2 Certificate of Service
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Feb. 15, 2007
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Feb. 15, 2007
PACER
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62
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DECLARATION of DANIEL WERNER filed by Plaintiff MARCELA OLVERA-MORALES re 57 MOTION FOR CLASS CERTIFICATION filed by MARCELA OLVERA-MORALES. (Attachments: # 1 Certificate of Service)(STILLUFSEN, ANDREW) (Entered: 02/15/2007)
2 Certificate of Service
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Feb. 15, 2007
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Feb. 15, 2007
PACER
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63
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DECLARATION of CARLENE MCNULTY filed by Plaintiff MARCELA OLVERA-MORALES re 57 MOTION FOR CLASS CERTIFICATION filed by MARCELA OLVERA-MORALES. (Attachments: # 1 Certificate of Service)(STILLUFSEN, ANDREW) (Entered: 02/15/2007)
2 Certificate of Service
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Feb. 15, 2007
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Feb. 15, 2007
PACER
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64
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DECLARATION of ELISA TOVAR MARTINEZ filed by Plaintiff MARCELA OLVERA-MORALES re 57 MOTION FOR CLASS CERTIFICATION filed by MARCELA OLVERA-MORALES. (Attachments: # 1 Certificate of Service)(STILLUFSEN, ANDREW) (Entered: 02/15/2007)
2 Certificate of Service
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Feb. 15, 2007
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Feb. 15, 2007
PACER
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65
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DECLARATION of JUANA HERANDEZ MARTINEZ filed by Plaintiff MARCELA OLVERA-MORALES re 57 MOTION FOR CLASS CERTIFICATION filed by MARCELA OLVERA-MORALES. (Attachments: # 1 Certificate of Service)(STILLUFSEN, ANDREW) (Entered: 02/15/2007)
2 Certificate of Service
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Feb. 15, 2007
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Feb. 15, 2007
PACER
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66
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DECLARATION of PATRICIA CAMPOS MARTINEZ filed by Plaintiff MARCELA OLVERA-MORALES re 57 MOTION FOR CLASS CERTIFICATION filed by MARCELA OLVERA-MORALES. (Attachments: # 1 Certificate of Service)(STILLUFSEN, ANDREW) (Entered: 02/15/2007)
2 Certificate of Service
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Feb. 15, 2007
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Feb. 15, 2007
PACER
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67
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DECLARATION of ANA BERTHA CAMPOS MARTINEZ filed by Plaintiff MARCELA OLVERA-MORALES re 57 MOTION FOR CLASS CERTIFICATION filed by MARCELA OLVERA-MORALES. (Attachments: # 1 Certificate of Service)(STILLUFSEN, ANDREW) (Entered: 02/15/2007)
2 Certificate of Service
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Feb. 15, 2007
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Feb. 15, 2007
PACER
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68
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DECLARATION of MARIA EUGENIN TREJO ZUNIGA filed by Plaintiff MARCELA OLVERA-MORALES re 57 MOTION FOR CLASS CERTIFICATION filed by MARCELA OLVERA-MORALES. (Attachments: # 1 Certificate of Service)(STILLUFSEN, ANDREW) (Entered: 02/15/2007)
2 Certificate of Service
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Feb. 15, 2007
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Feb. 15, 2007
PACER
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69
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DECLARATION of ELPIDIA VILLEDA filed by Plaintiff MARCELA OLVERA-MORALES re 57 MOTION FOR CLASS CERTIFICATION filed by MARCELA OLVERA-MORALES. (Attachments: # 1 Certificate of Service)(STILLUFSEN, ANDREW) (Entered: 02/15/2007)
2 Certificate of Service
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Feb. 15, 2007
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Feb. 15, 2007
PACER
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70
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DECLARATION of MARIA APOLINAR RESENDIZ PONCE filed by Plaintiff MARCELA OLVERA-MORALES re 57 MOTION FOR CLASS CERTIFICATION filed by MARCELA OLVERA-MORALES. (Attachments: # 1 Certificate of Service)(STILLUFSEN, ANDREW) (Entered: 02/15/2007)
2 Certificate of Service
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Feb. 15, 2007
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Feb. 15, 2007
PACER
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71
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DECLARATION of MARIA ALBA TOVAR MARTINEZ filed by Plaintiff MARCELA OLVERA-MORALES re 57 MOTION FOR CLASS CERTIFICATION filed by MARCELA OLVERA-MORALES. (Attachments: # 1 Certificate of Service)(STILLUFSEN, ANDREW) (Entered: 02/15/2007)
2 Certificate of Service
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Feb. 15, 2007
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Feb. 15, 2007
PACER
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72
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DECLARATION of SANTAS ZUNIGA TOVAR filed by Plaintiff MARCELA OLVERA-MORALES re 57 MOTION FOR CLASS CERTIFICATION filed by MARCELA OLVERA-MORALES. (Attachments: # 1 Certificate of Service)(STILLUFSEN, ANDREW) (Entered: 02/15/2007)
2 Certificate of Service
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Feb. 15, 2007
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Feb. 15, 2007
PACER
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73
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DECLARATION of MARGARITA GALLEGOS filed by Plaintiff MARCELA OLVERA-MORALES re 57 MOTION FOR CLASS CERTIFICATION filed by MARCELA OLVERA-MORALES. (Attachments: # 1 Certificate of Service)(STILLUFSEN, ANDREW) (Entered: 02/15/2007)
2 Certificate of Service
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Feb. 15, 2007
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Feb. 15, 2007
PACER
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74
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DECLARATION of STEPHEN JONES filed by Plaintiff MARCELA OLVERA-MORALES re 57 MOTION FOR CLASS CERTIFICATION filed by MARCELA OLVERA-MORALES. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16# 17 Certificate of Service)(STILLUFSEN, ANDREW) (Entered: 02/15/2007)
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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7 Exhibit 6
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8 Exhibit 7
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9 Exhibit 8
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10 Exhibit 9
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11 Exhibit 10
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12 Exhibit 11
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13 Exhibit 12
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14 Exhibit 13
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15 Exhibit 14
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16 Exhibit 15
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17 Exhibit 16
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18 Certificate of Service
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Feb. 15, 2007
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Feb. 15, 2007
PACER
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75
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***Sealed EXHIBITS re 74 Declaration, Exhibit 7 by Plaintiff MARCELA OLVERA-MORALES. (STILLUFSEN, ANDREW) (Entered: 02/16/2007)
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Feb. 16, 2007
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Feb. 16, 2007
PACER
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76
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***Sealed EXHIBITS re 74 Declaration, Exhibit 9 by Plaintiff MARCELA OLVERA-MORALES. (STILLUFSEN, ANDREW) (Entered: 02/16/2007)
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Feb. 16, 2007
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Feb. 16, 2007
PACER
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77
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***Sealed EXHIBITS re 74 Declaration, Exhibit 10 by Plaintiff MARCELA OLVERA-MORALES. (STILLUFSEN, ANDREW) (Entered: 02/16/2007)
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Feb. 16, 2007
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Feb. 16, 2007
PACER
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78
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NOTICE by DEL-AL ASSOCIATES, INC. of Vacation Letter (FULLER, GARY) (Entered: 02/23/2007)
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Feb. 23, 2007
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Feb. 23, 2007
PACER
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79
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RESPONSE in Opposition re 57 MOTION FOR CLASS CERTIFICATION filed by INTERNATIONAL LABOR MANAGEMENT CORPORATION, INC., NORTH CAROLINA GROWERS' ASSOCIATION, INC. Replies due by 4/2/2007. (SHEA, ROBIN) (Entered: 03/16/2007)
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March 16, 2007
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March 16, 2007
PACER
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80
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APPENDIX re 79 Response in Opposition to Motion for Class Certification by Defendants INTERNATIONAL LABOR MANAGEMENT CORPORATION, INC., NORTH CAROLINA GROWERS' ASSOCIATION, INC. (Attachments: # 1 Tab 1-Affidavit of Mary Dunn Baker, Ph.D.# 2 Tab 2-Affidavit of C. Stanford Eury# 3 Tab 3-Affidavit of Sarah E. Farrell# 4 Tab 4-Affidavit of Robin E. Shea# 5 Tab 5-Deposition Excerpts of Marcella Olvera-Morales# 6 Tab 6-Deposition Excerpts of Juan del Alamo# 7 Tab 7-Deposition Excerpts of C. Stanford Eury)(SHEA, ROBIN) (Entered: 03/16/2007)
2 Tab 1-Affidavit of Mary Dunn Baker, Ph.D.
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3 Tab 2-Affidavit of C. Stanford Eury
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4 Tab 3-Affidavit of Sarah E. Farrell
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5 Tab 4-Affidavit of Robin E. Shea
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6 Tab 5-Deposition Excerpts of Marcella Olvera-Morales
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7 Tab 6-Deposition Excerpts of Juan del Alamo
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8 Tab 7-Deposition Excerpts of C. Stanford Eury
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March 16, 2007
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March 16, 2007
PACER
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81
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RESPONSE in Opposition re 57 MOTION FOR CLASS CERTIFICATION filed by DEL-AL ASSOCIATES, INC. Replies due by 4/2/2007. (PATTON, JEFFREY) (Entered: 03/16/2007)
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March 16, 2007
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March 16, 2007
PACER
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82
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MOTION for Leave to File Under Seal by MARCELA OLVERA-MORALES.Responses due by 4/23/2007 (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Certificate of Service)(STILLUFSEN, ANDREW) (Entered: 03/30/2007)
2 Exhibit 1
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3 Exhibit 2
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4 Exhibit 3
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5 Certificate of Service
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March 30, 2007
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March 30, 2007
PACER
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83
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REPLY MEMORANDUM OF LAW (with Oral Argument Requested) filed by Plaintiff MARCELA OLVERA-MORALES in further support of 57 MOTION FOR CLASS CERTIFICATION filed by MARCELA OLVERA-MORALES (STILLUFSEN, ANDREW) Modified on 4/2/2007 to edit duplicate text (Welch, Kelly). (Entered: 03/30/2007)
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March 30, 2007
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March 30, 2007
PACER
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84
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DECLARATION of STEPHEN JONES filed by Plaintiff MARCELA OLVERA-MORALES re 57 MOTION FOR CLASS CERTIFICATION filed by MARCELA OLVERA-MORALES. (Attachments: # 1 Exhibit 1 (filed under seal) [motion pending]# 2 Exhibit 2# 3 Exhibit 3)(STILLUFSEN, ANDREW) (Entered: 03/30/2007)
2 Exhibit 1 (filed under seal) [motion pending]
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3 Exhibit 2
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4 Exhibit 3
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March 30, 2007
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March 30, 2007
PACER
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85
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DECLARATION of ANDREW DAVIN STILLUFSEN filed by Plaintiff MARCELA OLVERA-MORALES re 57 MOTION FOR CLASS CERTIFICATION filed by MARCELA OLVERA-MORALES. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(STILLUFSEN, ANDREW) (Entered: 03/30/2007)
2 Exhibit 1
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3 Exhibit 2
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March 30, 2007
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March 30, 2007
PACER
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86
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CERTIFICATE OF SERVICE by MARCELA OLVERA-MORALES re 84 Declaration, 85 Declaration, 83 Response to Motion, (STILLUFSEN, ANDREW) (Entered: 03/30/2007)
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March 30, 2007
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March 30, 2007
PACER
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87
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MOTION for Leave to File Surreply by INTERNATIONAL LABOR MANAGEMENT CORPORATION, INC., NORTH CAROLINA GROWERS' ASSOCIATION, INC. Responses due by 4/26/2007 (Attachments: # 1 Text of Proposed Order)(SHEA, ROBIN) (Entered: 04/03/2007)
2 Text of Proposed Order
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April 3, 2007
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April 3, 2007
PACER
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88
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MOTION for Leave to File Surreply by DEL-AL ASSOCIATES, INC. Responses due by 4/27/2007 (Attachments: # 1 Text of Proposed Order)(PATTON, JEFFREY) (Entered: 04/04/2007)
2 Text of Proposed Order
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April 4, 2007
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April 4, 2007
PACER
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89
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RESPONSE in Opposition re 88 MOTION for Leave to File Surreply filed by MARCELA OLVERA-MORALES. Replies due by 4/30/2007. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit Certificate of Service)(STILLUFSEN, ANDREW) (Entered: 04/11/2007)
2 Exhibit 1
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3 Exhibit 2
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4 Exhibit Certificate of Service
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April 11, 2007
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April 11, 2007
PACER
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90
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REPLY, filed by Defendants INTERNATIONAL LABOR MANAGEMENT CORPORATION, INC., NORTH CAROLINA GROWERS' ASSOCIATION, INC., to Response to 88 MOTION for Leave to File Surreply filed by INTERNATIONAL LABOR MANAGEMENT CORPORATION, INC., NORTH CAROLINA GROWERS' ASSOCIATION, INC. (SHEA, ROBIN) (Entered: 04/17/2007)
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April 17, 2007
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April 17, 2007
PACER
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91
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NOTICE by DEL-AL ASSOCIATES, INC. of Vacation and CLE (FULLER, GARY) (Entered: 06/07/2007)
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June 7, 2007
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June 7, 2007
PACER
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92
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NOTICE of Appearance by attorney RYAN M. DEBSKI on behalf of Defendant DEL-AL ASSOCIATES, INC., Cross-Defendant DEL-AL ASSOCIATES, INC. (Attachments: # 1 Exhibit Certificate of Good Standing for Ryan M. Debski)(DEBSKI, RYAN) (Entered: 06/21/2007)
2 Exhibit Certificate of Good Standing for Ryan M. Debski
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June 21, 2007
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June 21, 2007
PACER
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93
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Joint MOTION for Extension of Time to Complete Discovery by MARCELA OLVERA-MORALES.Responses due by 7/16/2007 (BROOKE, CAROL) (Entered: 06/26/2007)
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June 26, 2007
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June 26, 2007
PACER
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94
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ORDER signed by Judge P. TREVOR SHARP on 7/3/07, that the motion (Pleading No. 93 ) is GRANTED and that the discovery period is extended through and including July 20, 2007. The time for dispositive motions is not extended. Discovery due by 7/20/2007.(Welch, Kelly) (Entered: 07/03/2007)
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July 3, 2007
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July 3, 2007
PACER
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95
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NOTICE of Intent to File Dispositive Motions by Defendants INTERNATIONAL LABOR MANAGEMENT CORPORATION, INC., NORTH CAROLINA GROWERS' ASSOCIATION, INC. (SHEA, ROBIN) (Entered: 07/05/2007)
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July 5, 2007
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July 5, 2007
PACER
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96
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NOTICE of Intent to File Dispositive Motions by Defendant DEL-AL ASSOCIATES, INC., Cross-Defendant DEL-AL ASSOCIATES, INC. (PATTON, JEFFREY) (Entered: 07/06/2007)
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July 6, 2007
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July 6, 2007
PACER
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97
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NOTICE of Intent to File Dispositive Motions by Plaintiff MARCELA OLVERA-MORALES (Attachments: # 1 Certificate of Service)(STILLUFSEN, ANDREW) (Entered: 07/16/2007)
2 Certificate of Service
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July 16, 2007
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July 16, 2007
PACER
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98
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MOTION for Summary Judgment by DEL-AL ASSOCIATES, INC. Responses due by 9/4/2007 (FULLER, GARY) (Entered: 07/30/2007)
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July 30, 2007
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July 30, 2007
PACER
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99
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MEMORANDUM re 98 MOTION for Summary Judgment In Support of by Defendant DEL-AL ASSOCIATES, INC. (Attachments: # 1 Exhibit # 2 Exhibit Del-Alamo's Depo# 3 Exhibit Del-Alamo's Depo# 4 Exhibit Del-Alamo's Depo# 5 Exhibit Del-Alamo's Depo)(FULLER, GARY) (Entered: 07/30/2007)
2 Exhibit
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3 Exhibit Del-Alamo's Depo
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4 Exhibit Del-Alamo's Depo
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5 Exhibit Del-Alamo's Depo
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6 Exhibit Del-Alamo's Depo
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July 30, 2007
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July 30, 2007
PACER
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100
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Additional Attachments to MEMORANDUM 99 (Attachments: # 1 Exhibit Plaintiff's Depo# 2 Exhibit Plaintiff's Depo)(FULLER, GARY) (Entered: 07/30/2007)
2 Exhibit Plaintiff's Depo
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3 Exhibit Plaintiff's Depo
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July 30, 2007
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July 30, 2007
PACER
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