Case: Olvera-Morales v. Int'l Labor Mgmt. Corp.

1:05-cv-00559 | U.S. District Court for the Middle District of North Carolina

Filed Date: Dec. 23, 2002

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On December 23, 2002, a Mexican woman who worked in the U.S. as a non-immigrant guest worker filed a class action lawsuit in the U.S. District Court for the Northern District of New York, alleging that various labor recruiters engaged in sex discrimination against women who they were placing as non-immigrant guest workers at various U.S. farms. Specifically, plaintiff alleged a systematic practice by recruiters of denying women the opportunity to obtain seasonal work (agricultural work, such as…

On December 23, 2002, a Mexican woman who worked in the U.S. as a non-immigrant guest worker filed a class action lawsuit in the U.S. District Court for the Northern District of New York, alleging that various labor recruiters engaged in sex discrimination against women who they were placing as non-immigrant guest workers at various U.S. farms. Specifically, plaintiff alleged a systematic practice by recruiters of denying women the opportunity to obtain seasonal work (agricultural work, such as harvesting crops) under the H-2A visa guest worker program and instead deliberately steering them to less lucrative jobs in the H-2B visa guest worker program (work classified as nonagricultural, such as packing produce), in violation of Title VII of the Civil Rights Act of 1964 and state law. Attorneys with Legal Momentum, Farmworkers Legal Services of New York (FLSNY), and other social justice organizations and private firms represented the plaintiff. Plaintiff sought declaratory relief and injunctive relief, as well as compensatory and punitive damages.

Defendants moved to dismiss, and/or for summary judgment on various grounds, including a lack of subject matter jurisdiction, and argued that Title VII did not protect workers recruited outside of the U.S. In June 2004, the District Court (Chief Judge Norman A. Mordue) denied defendants' motions. Olvera-Morales v. Sterling Onions, Inc., 322 F. Supp. 2d 211 (N.D.N.Y. 2004).

On June 15, 2005, following the dismissal of the New York defendants, the case was transferred to the U.S. District Court for the Middle District of North Carolina. The Court reconsidered the transfer order but reaffirmed its decision. Olvera-Morales v. Int'l Labor Mgmt. Corp., No. 5:02-CV-1589, 2006 WL 931752, 2006 U.S. Dist. LEXIS 17923 (N.D.N.Y. Apr. 10, 2006).

Plaintiff moved for class certification on February 15, 2007, proposing a class consisting of "[a]ll female H-2B workers recruited, procured or referred for employment by the Defendants or their agents, or whose H-2B employment opportunity was procured by Defendants or their agents, from 1999 to the present." On November 7, 2007, the District Court (Judge N. Carlton Tilley, Jr.) granted class certification. Olvera-Morales v. Int'l Labor Mgmt. Corp., 246 F.R.D. 250 (M.D.N.C. 2007).

On December 18, 2007, the Court (Judge Tilley) granted Defendants International Labor Management Corporation (ILMC) and Del-Al Associates summary judgment on Plaintiffs' Title VII claims. However, the Court denied summary judgment to the North Carolina Grower's Association (NCGA) on the Title VII claims. The Court also declined to exercise supplemental jurisdiction over the claims Plaintiffs asserted under New York Human Rights Law, dismissing them without prejudice. The Court issued its memorandum opinion on January 1, 2008. Olvera-Morales v. Int'l Labor Mgmt. Corp., No. 1:05CV00559, 2008 WL 53293 (M.D.N.C. Jan. 1, 2008). Both Plaintiffs and Defendant NGCA moved for reconsideration.

On February 20, 2008, the Court (Judge Tilley) granted Plaintiffs' motion for reconsideration and reinstated the Title VII claim against ILMC. The Court stated that it had dismissed ILMC as an "employment agency," when ILMC had only contested that it was not an "employer." The Court thus held that, as the issue of whether ILMC was not an "employment agency" was not before the Court at the summary judgment stage, it had erred in dismissing the claim. Olvera-Morales v. Int'l Labor Mgmt. Corp., No. 1:05CV00559, 2008 WL 506090 (M.D.N.C. Feb. 20, 2008).

On April 4, 2008, the Court (Judge Tilley) also granted Defendant NGCA's motion for reconsideration and dismissed the Title VII claim against it. The Court held that, since Plaintiff was represented by counsel at the time of her initial EEOC complaint, the "identity of interest" exception--which the Court had applied to Plaintiff--should actually not apply to her on summary judgment. Morales v. Int'l Labor Mgmt. Corp., No. 1:05CV00559, 2008 WL 939180 (M.D.N.C. Apr. 4, 2008).

On April 16, 2008, less than a week before trial was scheduled to begin, the parties notified the Court that they had reached a settlement. The settlement called for Defendants to provide data to Plaintiffs' counsel for three years on the H-2A and H-2B workers hired by Defendants, for Defendants to adopt anti-sex discrimination policies and implement training to that effect, and for $100,000 in settlement funds.

On August 4, 2009, the Court granted the parties' motion for final approval of the class settlement.

Summary Authors

Dan Dalton (12/28/2007)

Dan Whitman (3/28/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4304165/parties/olvera-morales-v-sterling-onions-inc/


Judge(s)

Mordue, Norman A. (New York)

Peebles, David E. (New York)

Sharp, Paul Trevor (North Carolina)

Tilley, Norwood Carlton Jr. (North Carolina)

Attorneys(s) for Plaintiff

Boston, Sheila S. (New York)

Brooke, Carol (North Carolina)

Brown, Jennifer Kay (New York)

Casey, Timothy Joseph (New York)

Christensen, Andrea S. (New York)

Kaufman, Neil S. (New York)

Judge(s)

Mordue, Norman A. (New York)

Peebles, David E. (New York)

Sharp, Paul Trevor (North Carolina)

Tilley, Norwood Carlton Jr. (North Carolina)

Attorneys(s) for Plaintiff

Boston, Sheila S. (New York)

Brooke, Carol (North Carolina)

Brown, Jennifer Kay (New York)

Casey, Timothy Joseph (New York)

Christensen, Andrea S. (New York)

Kaufman, Neil S. (New York)

McNulty, Carlene Marie (North Carolina)

Solow, Andrew Keith (New York)

Stillufsen, Andrew D. (New York)

Weiser, Wendy R. (New York)

Werner, Daniel (New York)

Yarkon, Rachel S. (New Jersey)

Attorneys(s) for Defendant

Atkinson, Nathan Bowen (North Carolina)

Debski, Ryan M. (West Virginia)

Fuller, Gary L. (Texas)

Loftis, William Randolph Jr. (North Carolina)

McCann, John T. (New York)

Patton, Jeffrey Dean (North Carolina)

Piekarski, Virginia A. (North Carolina)

Shea, Robin E. (North Carolina)

Viswanathan, Subhash (New York)

Wallen, Joseph E. (New York)

Documents in the Clearinghouse

Document

Docket (PACER)

Olvera-Morales v. Sterling Onions, Inc

U.S. District Court for the Northern District of New York

July 2, 2007 Docket

Docket (PACER)

Olvera-Morales v. Sterling Onions, Inc

Aug. 4, 2009 Docket
1

Class Action Complaint

Olvera-Morales v. Sterling Onions, Inc

Dec. 23, 2002 Complaint
57

Memorandum-Decision & Order

Olvera-Morales v. Sterling Onions, Inc

U.S. District Court for the Northern District of New York

322 F.Supp.2d 211

June 1, 2004 Order/Opinion
112

Memorandum-Decision and Order

Olvera-Morales v. Sterling Onions, Inc

U.S. District Court for the Northern District of New York

2006 WL 931752

April 10, 2006 Order/Opinion
122

Memorandum Opinion

Olvera-Morales v. Sterling Onions, Inc

246 F.R.D. 250

Nov. 7, 2007 Order/Opinion
153

Memorandum Opinion Granting and Denying Defendants' Motions for Summary Judgment

Olvera-Morales v. International Labor Management Corp.

2008 WL 53293

Jan. 1, 2008 Order/Opinion
171

Memorandum Order Granting Plaintiff's Motion for Reconsideration

Olvera-Morales v. International Labor Management Corp.

2008 WL 506090

Feb. 20, 2008 Order/Opinion
197

Memorandum Order Granting Defendant N.C. Growers' Ass'n's Motion for Reconsideration

Olvera-Morales v. International Labor Management Corp.

2008 WL 939180

April 4, 2008 Order/Opinion
213-5

Settlement Agreement

Olvera-Morales v. International Labor Management Corp.

Aug. 22, 2008 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4304165/olvera-morales-v-sterling-onions-inc/

Last updated May 20, 2022, 1:36 a.m.

ECF Number Description Date Link
1

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)

Dec. 23, 2002 RECAP
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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)

Feb. 19, 2003 PACER
3

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)

March 14, 2003 PACER
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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)

March 14, 2003 PACER
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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)

March 14, 2003 PACER
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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)

March 28, 2003 PACER
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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)

April 22, 2003 PACER
8

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)

Oct. 21, 2004 PACER
9

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)

Oct. 22, 2004 PACER
10

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)

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June 14, 2005 PACER
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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)

June 15, 2005 PACER
14

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)

Aug. 15, 2005 PACER
13

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)

Aug. 16, 2005 PACER
16

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)

Aug. 19, 2005 PACER
12

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)

March 28, 2003
15

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)

Aug. 22, 2005 PACER
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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)

Sept. 2, 2005 PACER
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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)

Sept. 9, 2005 PACER
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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)

Oct. 21, 2005 PACER
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NOTICE by DEL-AL ASSOCIATES, INC. Vacation Letter (FULLER, GARY) (Entered: 04/19/2006)

April 19, 2006 PACER
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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)

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May 4, 2006 PACER
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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)

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May 4, 2006 PACER
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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)

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May 4, 2006 PACER
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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)

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May 4, 2006 PACER
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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)

May 8, 2006 PACER
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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)

May 11, 2006 PACER
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REQUEST by Defendant DEL-AL ASSOCIATES, INC. for Vacation. (FULLER, GARY) (Entered: 05/22/2006)

May 22, 2006 PACER
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Letter from Clerk to Attorney Fuller re 27 Request for Vacation. (Powell, Gloria) (Entered: 05/23/2006)

May 23, 2006 PACER
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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)

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June 27, 2006 PACER
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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)

July 28, 2006 PACER
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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)

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Aug. 18, 2006 PACER
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MOTION to Compel Discovery by MARCELA OLVERA-MORALES. (BROOKE, CAROL) (Entered: 08/18/2006)

Aug. 18, 2006 PACER
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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)

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Aug. 18, 2006 PACER
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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)

Aug. 18, 2006 PACER
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CERTIFICATE OF SERVICE by MARCELA OLVERA-MORALES re 32 MOTION to Compel Discovery Amended (BROOKE, CAROL) (Entered: 08/18/2006)

Aug. 18, 2006 PACER
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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)

Aug. 21, 2006 PACER
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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)

Aug. 22, 2006 PACER
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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)

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Aug. 22, 2006 PACER
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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)

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Aug. 22, 2006 PACER
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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)

Aug. 31, 2006 PACER
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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)

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Sept. 11, 2006 PACER
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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)

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Sept. 11, 2006 PACER
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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 PACER
44

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 PACER
45

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 PACER
46

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)

Oct. 2, 2006 PACER
47

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)

Nov. 15, 2006 PACER
48

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)

Dec. 13, 2006 PACER
49

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)

Dec. 15, 2006 PACER
50

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 PACER
51

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)

Dec. 28, 2006 PACER
52

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)

Jan. 8, 2007 PACER
53

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)

Jan. 19, 2007 PACER
54

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 PACER
55

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)

Feb. 14, 2007 PACER
56

FIRST AMENDED ORIGINAL ANSWER to Complaint with Jury Demand by DEL-AL ASSOCIATES, INC.(Welch, Kelly) (Entered: 02/14/2007)

Feb. 14, 2007 PACER
57

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 PACER
58

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 PACER
59

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 PACER
60

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 PACER
61

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 PACER
62

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 PACER
63

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 PACER
64

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 PACER
65

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 PACER
66

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 PACER
67

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 PACER
68

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 PACER
69

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 PACER
70

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 PACER
71

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 PACER
72

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 PACER
73

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 PACER
74

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 PACER
75

***Sealed EXHIBITS re 74 Declaration, Exhibit 7 by Plaintiff MARCELA OLVERA-MORALES. (STILLUFSEN, ANDREW) (Entered: 02/16/2007)

Feb. 16, 2007 PACER
76

***Sealed EXHIBITS re 74 Declaration, Exhibit 9 by Plaintiff MARCELA OLVERA-MORALES. (STILLUFSEN, ANDREW) (Entered: 02/16/2007)

Feb. 16, 2007 PACER
77

***Sealed EXHIBITS re 74 Declaration, Exhibit 10 by Plaintiff MARCELA OLVERA-MORALES. (STILLUFSEN, ANDREW) (Entered: 02/16/2007)

Feb. 16, 2007 PACER
78

NOTICE by DEL-AL ASSOCIATES, INC. of Vacation Letter (FULLER, GARY) (Entered: 02/23/2007)

Feb. 23, 2007 PACER
79

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)

March 16, 2007 PACER
80

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 PACER
81

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)

March 16, 2007 PACER
82

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 PACER
83

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)

March 30, 2007 PACER
84

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 PACER
85

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 PACER
86

CERTIFICATE OF SERVICE by MARCELA OLVERA-MORALES re 84 Declaration, 85 Declaration, 83 Response to Motion, (STILLUFSEN, ANDREW) (Entered: 03/30/2007)

March 30, 2007 PACER
87

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 PACER
88

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 PACER
89

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 PACER
90

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)

April 17, 2007 PACER
91

NOTICE by DEL-AL ASSOCIATES, INC. of Vacation and CLE (FULLER, GARY) (Entered: 06/07/2007)

June 7, 2007 PACER
92

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 PACER
93

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)

June 26, 2007 PACER
94

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)

July 3, 2007 PACER
95

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)

July 5, 2007 PACER
96

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)

July 6, 2007 PACER
97

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 PACER
98

MOTION for Summary Judgment by DEL-AL ASSOCIATES, INC. Responses due by 9/4/2007 (FULLER, GARY) (Entered: 07/30/2007)

July 30, 2007 PACER
99

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 PACER
100

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 PACER

State / Territory: North Carolina

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Dec. 23, 2002

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All female H-2B workers recruited, procured or referred for employment by the Defendants or their agents, or whose H-2B employment opportunity was procured by Defendants or their agents, from 1999 to the present.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

North Carolina Growers Association, Inc., Private Entity/Person

Del-Al Associates, Inc., Private Entity/Person

International Labor Management Corporation, Inc., Private Entity/Person

Sterling Onions, Inc., Private Entity/Person

Zappala Farms, LLC, Private Entity/Person

Zappala Holding Company, LLC, Private Entity/Person

Zappala Enterprises, Inc., Private Entity/Person

Case Details

Causes of Action:

State law

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

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

Amount Defendant Pays: $100,000 plus costs

Order Duration: 2009 - 0

Content of Injunction:

Provide antidiscrimination training

Monitoring

Develop anti-discrimination policy

Reporting

Issues

General:

Disparate Treatment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Immigration/Border:

Employment

Temporary foreign workers program

Visas - criteria

Visas - procedures

Work authorization - criteria

Work authorization - procedures