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Case: Belue v. Wayne Farms, LLC

4:06-cv-02095 | U.S. District Court for the Northern District of Alabama

Filed Date: Oct. 18, 2006

Clearinghouse coding complete

Case Summary

On October 18, 2006, several then and former employees of the defendant's Albertville, Alabama facility filed a lawsuit against the defendant under the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. §§ 201 et seq. in the U.S. District Court for the Northern District of Alabama, Middle Division. The plaintiffs, represented by private counsel, brought this class action seeking damages and injunctive relief for violations of the FLSA. Specifically, plaintiffs claim the company failed to acco…

On October 18, 2006, several then and former employees of the defendant's Albertville, Alabama facility filed a lawsuit against the defendant under the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. §§ 201 et seq. in the U.S. District Court for the Northern District of Alabama, Middle Division. The plaintiffs, represented by private counsel, brought this class action seeking damages and injunctive relief for violations of the FLSA. Specifically, plaintiffs claim the company failed to account for all compensable time of its employees, including time spent clearing security and time walking to and from security to donning and doffing areas.

On June 7, 2007, the District Court (Judge R. David Proctor) ordered the case stayed because the court had received Defendant's Notice of Motion to Transfer and Consolidate for Pretrial Proceedings to the Judicial Panel on Multidistrict Litigation.

On November 5, 2007, the U.S. Judicial Panel on Multidistrict Litigation ordered that the case be transferred to the Southern District of Mississippi. The following development is included in our database at EE-MS-0060.

Summary Authors

Kunyi Zhang (6/1/2010)

Related Cases

BELUE v. WAYNE FARMS, LLC, Southern District of Mississippi (2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4126573/parties/belue-v-wayne-farms-llc/


Judge(s)

Heyburn, John Gilpin II (Kentucky)

Proctor, R. David (Alabama)

Attorneys(s) for Plaintiff

Camp, Robert J. (Alabama)

Cherry, Samuel A. Jr. (Alabama)

Lane, Joseph D. (Alabama)

Nomberg, Bernard D. (Alabama)

Swanner, Lance H. (Alabama)

Judge(s)

Heyburn, John Gilpin II (Kentucky)

Proctor, R. David (Alabama)

Attorneys(s) for Plaintiff

Camp, Robert J. (Alabama)

Cherry, Samuel A. Jr. (Alabama)

Lane, Joseph D. (Alabama)

Nomberg, Bernard D. (Alabama)

Swanner, Lance H. (Alabama)

Documents in the Clearinghouse

Document

4:06-cv-02095

Docket

BELUE v. WAYNE FARMS, LLC

Nov. 9, 2007

Nov. 9, 2007

Docket
1

4:06-cv-02095

Complaint

BELUE v. WAYNE FARMS, LLC

Oct. 18, 2006

Oct. 18, 2006

Complaint
26

4:06-cv-02095

First Amended Complaint

BELUE v. WAYNE FARMS, LLC

Feb. 15, 2007

Feb. 15, 2007

Complaint
35

4:06-cv-02095

Stipulated Discovery and Protective Order

BELUE v. WAYNE FARMS, LLC

March 6, 2007

March 6, 2007

Order/Opinion
61

4:06-cv-02095

Order

BELUE v. WAYNE FARMS, LLC

June 7, 2007

June 7, 2007

Order/Opinion
84

4:06-cv-02095

Transfer Order

BELUE v. WAYNE FARMS, LLC

U.S. Judicial Panel on Multidistrict Litigation (JPML)

Nov. 9, 2007

Nov. 9, 2007

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4126573/belue-v-wayne-farms-llc/

Last updated Nov. 21, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Wayne Farms, LLC (Filing fee $ 350.00, receipt # 200 230581.), filed by Plaintiffs. (Attachments: # 1 Exhibit A)(KSS, ) (Entered: 10/19/2006)

Oct. 18, 2006

Oct. 18, 2006

PACER
2

Request for service by certified mail filed by Plaintiffs. (KSS, ) (Entered: 10/19/2006)

Oct. 18, 2006

Oct. 18, 2006

PACER
3

Summons Issued as to Wayne Farms, LLC., mailed certified mail. (KSS, ) (Entered: 10/19/2006)

Oct. 19, 2006

Oct. 19, 2006

PACER
4

SUMMONS Returned Executed as to Wayne Farms, LLC served on 10/20/2006, answer due 11/9/2006. (KSS, ) (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

PACER
5

NOTICE of Appearance by Lisa J Sharp on behalf of Wayne Farms, LLC (Sharp, Lisa) (Entered: 11/09/2006)

Nov. 9, 2006

Nov. 9, 2006

PACER
6

ANSWER to Complaint by Wayne Farms, LLC.(Sharp, Lisa) (Entered: 11/09/2006)

Nov. 9, 2006

Nov. 9, 2006

PACER
7

MOTION for Leave to Appear Admission Pro Hac Vice of Pepper Crutcher by Wayne Farms, LLC. (Attachments: # 1)(Sharp, Lisa) (Entered: 11/09/2006)

Nov. 9, 2006

Nov. 9, 2006

PACER
8

ALND UNIFORM INITIAL ORDER reminding parties of their obligaitions under FRCP 26(f) and LR26.1(d) with appendices attached. Signed by Judge R David Proctor on 11/9/2006. (KSS, ) (Entered: 11/09/2006)

Nov. 9, 2006

Nov. 9, 2006

PACER
9

NOTICE by Wayne Farms, LLC re 7 MOTION for Leave to Appear Admission Pro Hac Vice of Pepper Crutcher of Filing (Attachments: # 1)(Sharp, Lisa) (Entered: 11/15/2006)

Nov. 15, 2006

Nov. 15, 2006

PACER
10

NOTICE of Appearance by Bernard D Nomberg on behalf of Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn (Nomberg, Bernard) (Entered: 12/06/2006)

Dec. 6, 2006

Dec. 6, 2006

PACER
11

MOTION to Withdraw as Attorney Motion for and Notice of Withdrawal by Jimmy Belue. (Lane, Joseph) (Entered: 12/20/2006)

Dec. 20, 2006

Dec. 20, 2006

PACER
12

Joint MOTION to Continue Deadline for Rule 26 Report by Wayne Farms, LLC. (Sharp, Lisa) (Entered: 12/22/2006)

Dec. 22, 2006

Dec. 22, 2006

PACER
13

ORDER granting 11 Motion to Withdraw Joseph D. Lane as Attorney. Attorney Joseph D Lane terminated for plaintiffs. Signed by Judge R David Proctor on 12/27/2006. (KSS, ) Additional attachment(s) added on 12/27/2006 (KSS, ). (Entered: 12/27/2006)

Dec. 27, 2006

Dec. 27, 2006

PACER
14

NOTICE of Appearance by Robert J Camp on behalf of Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn (Camp, Robert) (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

PACER
15

MOTION to Stay, or alternatively, MOTION to Apply the First-Filed Ruled by Wayne Farms, LLC. (Attachments: # 1 Tab A# 2 TAB B Part 1# 3 Tab B Part 2# 4 Tab B Part 3# 5 Tab B Part 4# 6 Tab B Part 5# 7 Tab B Part 6)(Sharp, Lisa) Modified on 1/17/2007 (KSS, ). (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

PACER
16

NOTICE by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn Notice of Filing Additional Notices of Consent to Join (Camp, Robert) (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

PACER
17

REPORT of Rule 26(f) Planning Meeting. (Camp, Robert) (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

PACER
18

ORDER SETTING BRIEFING SCHEDULE re 15 MOTION to Stay, or Alternatively, Motion to Apply the First-Filed Rule, all non-summary judgment motions filed after the entry of this order shall comply with attached "Exhibit B." Signed by Judge R David Proctor on 1/17/2007. (KSS, ) (Entered: 01/17/2007)

Jan. 17, 2007

Jan. 17, 2007

PACER
19

ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE this case is SET for a Rule 16(b) Scheduling Conference on 2/2/2007 at 09:30 AM, in chambers of the undersigned located Hugo L. Black U.S. Courthouse, Birmingham, Alabama. Signed by Judge R David Proctor on 1/17/2007. (KSS, ) (Entered: 01/18/2007)

Jan. 18, 2007

Jan. 18, 2007

PACER
20

MOTION to Amend/Correct 1 Complaint by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn. (Camp, Robert) (Entered: 01/18/2007)

Jan. 18, 2007

Jan. 18, 2007

PACER
21

MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Stay PROCEEDINGS OR ALTERNATIVE MOTION TO APPLY THE FIRST FILED RULE by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn. (Camp, Robert) (Entered: 01/22/2007)

Jan. 22, 2007

Jan. 22, 2007

PACER
22

RESPONSE in Opposition re 20 MOTION to Amend/Correct 1 Complaint (PLAINTIFFS? MOTION FOR LEAVE TO FILE AMENDED COMPLAINT) filed by Wayne Farms, LLC. (Sharp, Lisa) (Entered: 01/30/2007)

Jan. 30, 2007

Jan. 30, 2007

PACER
23

AMENDED DOCUMENT by Wayne Farms, LLC. Amendment to 22 Response in Opposition to Motion Referenced Materials regarding Defendant's Objection to Plaintiffs' Motion For Leave to File Amended Complaint. (Sharp, Lisa) (Entered: 01/31/2007)

Jan. 31, 2007

Jan. 31, 2007

PACER
24

MOTION for Leave to Appear Pro Hac Vice of Richard Celler by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn. (Camp, Robert) (Entered: 01/31/2007)

Jan. 31, 2007

Jan. 31, 2007

PACER
25

ORDER granting in part and denying in part as set out the 20 Motion for Leave to File Amended Complaint. Signed by Judge R David Proctor on 2/9/2007. (KSS, ) (Entered: 02/09/2007)

Feb. 9, 2007

Feb. 9, 2007

PACER
26

AMENDED COMPLAINT FIRST AMENDED COMPLAINT against Wayne Farms, LLC, filed by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn.(Camp, Robert) (Entered: 02/15/2007)

Feb. 15, 2007

Feb. 15, 2007

PACER
27

MOTION for Protective Order (Opposed) by Wayne Farms, LLC. (Attachments: # 1 Text of Proposed Order # 2 Exhibit A# 3 Exhibit B-D)(Sharp, Lisa) (Entered: 02/16/2007)

Feb. 16, 2007

Feb. 16, 2007

PACER
28

MOTION to Certify Class by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit 1# 4 Exhibit 2# 5 Exhibit 3# 6 Exhibit 4)(Camp, Robert) (Entered: 02/20/2007)

Feb. 20, 2007

Feb. 20, 2007

PACER
29

NOTICE by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn OF FILING ADDITIONAL NOTICES OF CONSENT TO JOIN (Camp, Robert) (Entered: 02/20/2007)

Feb. 20, 2007

Feb. 20, 2007

PACER
30

ORDER the court orders the parties' immediate attention to the follwing issues as set out, on or before 3/1/2007, counsel for the parties are ordered to meet face-to-face at a mutually agreeable location in order to discuss the issues as set out, if parties cannont agree about the issues, counsel are ordered to notify the the court's chambers and to appear before the court for a hearing on 3/2/2007 at 9:00 a.m. Signed by Judge R David Proctor on 2/23/2007. (KSS, ) (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

PACER
31

Corporate Disclosure Statement by Wayne Farms, LLC. (Crutcher, Pepper) (Entered: 02/28/2007)

Feb. 28, 2007

Feb. 28, 2007

PACER
32

ANSWER to Amended Complaint by Wayne Farms, LLC.(Sharp, Lisa) (Entered: 03/02/2007)

March 2, 2007

March 2, 2007

PACER
33

STIPULATION AGREED DISCOVERY AND PROTECTIVE ORDER by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn. (Camp, Robert) (Entered: 03/05/2007)

March 5, 2007

March 5, 2007

PACER
34

NOTICE by All Plaintiffs of Filing Additional Notices of Consent to Join (Camp, Robert) (Entered: 03/05/2007)

March 5, 2007

March 5, 2007

PACER
35

STIPULATED DISCOVERY AND PROTECTIVE ORDER. Signed by Judge R David Proctor on 3/6/2007. (KSS, ) (Entered: 03/07/2007)

March 7, 2007

March 7, 2007

PACER
36

NOTICE of Appearance by Roman A Shaul on behalf of Jimmy Belue (Shaul, Roman) (Entered: 03/12/2007)

March 12, 2007

March 12, 2007

PACER
37

NOTICE of Appearance by Roman A Shaul on behalf of Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn (Shaul, Roman) (Entered: 03/13/2007)

March 13, 2007

March 13, 2007

PACER
38

ORDER SETTING STATUS CONFERENCE this case is SET for a joint status conference on 3/29/2007 at 10:00 AM to be held in conjunction with a status conference in case 5:06-cv-2096-IPJ, in chambers of the Honorable Inge Prytz Johnson at Room 361 Hugo L. Black U.S. Courthouse, Birmingham, Alabama. Signed by Judge R David Proctor on 3/14/2007. (KSS, ) (Entered: 03/14/2007)

March 14, 2007

March 14, 2007

PACER
39

RESPONSE to Motion re 15 MOTION to Stay PLAINTIFFS' RESPONSE TO DEFENDANT'S MOTION TO STAY PROCEEDINGS filed by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6)(Camp, Robert) (Entered: 03/14/2007)

March 14, 2007

March 14, 2007

PACER
40

REPLY to re 39 Plaintiffs' Response to Defendant's Motion to Stay Proceedings filed by Wayne Farms, LLC. (Attachments: # 1 Exhibit)(Sharp, Lisa) (Entered: 03/21/2007)

March 21, 2007

March 21, 2007

PACER
41

NOTICE by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn OF FILING ADDITIONAL CONSENT TO JOIN (Attachments: # 1 Exhibit A)(Camp, Robert) (Entered: 03/21/2007)

March 21, 2007

March 21, 2007

PACER
42

ORDER granting in part and denying in part as set out 15 Motion to Stay, or Alternatively, Motion to Apply the First-Filed Rule . Signed by Judge R David Proctor on 3/23/2007. (KSS, ) (Entered: 03/23/2007)

March 23, 2007

March 23, 2007

PACER
43

ORDER SETTING BRIEFING SCHEDULE re: 28 Motion to Certify the Class, by agreement of the parties the briefing schedule for motion shall be altered such that dft's response is due by 4/10/2007, any reply from pla is due by 4/17/2007, any non-summary judgment motions filed after the entry of this order shall comply with attached "Exhibit B." Signed by Judge R David Proctor on 3/27/2007. (KSS, ) (Entered: 03/27/2007)

March 27, 2007

March 27, 2007

PACER
44

MOTION to Withdraw as Attorney MOTION FOR AND NOTICE OF WITHDRAWAL by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn. (Celler, Richard) (Entered: 03/28/2007)

March 28, 2007

March 28, 2007

PACER
45

ORDER that plas file notice of identity of new plas severed from the Agee action and transferred to Bolden (5:06-cv-2096) and Belue (4:06-cv-2095) and file a copy of Agee order that severed Alabama plas in above cases; William Hommel, Jr. counsel for add'l new plas shall have until 4/3/07 to file add'l pleadings and dft shall have until 4/10/07 to file response; Status Conference set for both cases on 5/23/2007 10:00 AM in Judge Inge P Johnson's chambers; parties are ordered to continue discussions regarding appt of special master. Signed by Judge R David Proctor on 3/30/07. (ASL, ) Modified on 3/30/2007 - e-mailed to atty Hommel (ASL, ). (Entered: 03/30/2007)

March 30, 2007

March 30, 2007

PACER
46

MOTION for Hearing re 28 MOTION to Certify Class (Request for Oral Argument) by Wayne Farms, LLC. (Sharp, Lisa) (Entered: 04/02/2007)

April 2, 2007

April 2, 2007

PACER
47

NOTICE by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn NOTICE OF FILING ADDITIONAL NOTICES OF CONSENT TO JOIN (Camp, Robert) (Entered: 04/03/2007)

April 3, 2007

April 3, 2007

PACER
48

ORDER the court will hear oral argument on the 46 MOTION for Hearing re 28 Request for Oral Argument contemporaneously with the hearing set in civil action number 5:06-CV-2096-IPJ on 4/24/2007 at 09:00 AM in Courtroom 3 of the Hugo L. Black U.S. Courthouse, Birmingham, Alabama. Signed by Judge R David Proctor on 4/10/2007. (KSS, ) (Entered: 04/10/2007)

April 10, 2007

April 10, 2007

PACER
49

RESPONSE to Motion re 28 MOTION to Certify Class filed by Wayne Farms, LLC. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 3 Part 2# 5 Exhibit 4)(Sharp, Lisa) (Entered: 04/10/2007)

April 10, 2007

April 10, 2007

PACER
50

ORDER the court ORDERS that these case be consolidated for the purposes of dicovery, pre-trial and all other deadlines, parties are to file documents in the lead case (4:06-CV-2095-RDP) only; all documents should contain the lead case number (4:06-CV-2095-RDP) as well as the member case number (4:07-CV-0647-RDP). Signed by Judge R David Proctor on 4/11/2007. (KSS, ) (Entered: 04/11/2007)

April 11, 2007

April 11, 2007

PACER
51

TRANSCRIPT of Status Conference held on March 29, 2007 before Judge Inge P. Johnson and Judge R. David Proctor. Court Reporter: Leah S. Turner. [Contact court reporter for copy of transcript] Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(ASL, ) (Entered: 04/16/2007)

April 13, 2007

April 13, 2007

PACER
52

REPLY to re 49 PLAINTIFFS' REPLY TO DEFENDANT'S BRIEF IN OPPOSITION TO PLAINTIFFS MOTION FOR AN ORDER PERMITTING NOTICE TO EMPLOYEES OF THEIR OPT-IN RIGHTS (Doc. 49) filed by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(Camp, Robert) (Entered: 04/17/2007)

April 17, 2007

April 17, 2007

PACER
53

NOTICE by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn Notice of Filing Additional Consents to Join (Attachments: # 1 Exhibit 1)Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(Camp, Robert) (Entered: 04/17/2007)

April 17, 2007

April 17, 2007

PACER
54

MOTION for Leave for William S. Hommel, Jr., to Appear Pro Hac Vice for Plaintiff's in member case 07-647 filed by Robert Thomas Dunn, Christan Edmundson. (Attachments: # 1 Affidavit # 2 Text of Proposed Order)Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(Hommel, William) Modified on 4/23/2007 (KSS, ). (Entered: 04/23/2007)

April 23, 2007

April 23, 2007

PACER
55

ORDER SETTING HEARING AND STATUS CONFERENCE the motions are hereby RESET for oral argument in each of the above-styled cases on 5/23/2007 at 10:00 AM before Judge Inge P Johnson in Courtroom 3 of the Hugo L. Black U.S. Courthouse, Birmingham, Alabama. Signed by Judge Inge P Johnson and Judge R David Proctor on 5/1/2007. Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(KSS, ) (Entered: 05/01/2007)

May 1, 2007

May 1, 2007

PACER
56

NOTICE of Appearance by W Daniel Miles, III on behalf of Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Jenifier Wynn Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(Miles, W) (Entered: 05/03/2007)

May 3, 2007

May 3, 2007

PACER
57

NOTICE of Appearance by Dorman Walker on behalf of Wayne Farms, LLC Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(Walker, Dorman) (Entered: 05/22/2007)

May 22, 2007

May 22, 2007

PACER
58

ORDER a status conference was held, at the conference, the parties discussed the appointment of a special master, the proposed class notice, in accordance with the discussions, it is ORDERED that on or before 6/8/2007, the parties are to submit a joint status report and a proposed class notice, it is further ORDERED that on or before 6/8/2007, the parties are to submit a status report regarding the acquisition of mailing addresses for the purpose of mailing the class notice . Signed by Judge R David Proctor on 5/24/2007. Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(KSS, ) (Entered: 05/25/2007)

May 25, 2007

May 25, 2007

PACER
59

NOTICE by Wayne Farms, LLC of Motion to Transfer and Consolidate for Pretrial Proceedings (Attachments: # 1 Exhibit A# 2 Exhibit B)Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(Crutcher, Pepper) (Entered: 06/06/2007)

June 6, 2007

June 6, 2007

PACER
60

NOTICE by Wayne Farms, LLC of Brief Supporting Motion to Transfer and Consolidate for Pretrial Proceedings (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 L# 12 Exhibit M# 13 Exhibit N# 14 Exhibit O# 15 Exhibit P# 16 Exhibit Q# 17 Exhibit R)Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(Crutcher, Pepper) (Entered: 06/06/2007)

June 6, 2007

June 6, 2007

PACER
61

ORDER re 59 Notice of Motion to Transfer and Consolidate for Pretrial Proceedings to the Judicial Panel on MDL, accordingly, the court finds that this case is STAYED, the parties shall immediately notify the court that the stay should be lifted and file status reports as set out. Signed by Judge R David Proctor on 6/7/2007. Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(KSS, ) (Entered: 06/07/2007)

June 7, 2007

June 7, 2007

PACER
62

First MOTION LIFT STAY re 61 Order, by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn. Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(Camp, Robert) (Entered: 06/18/2007)

June 18, 2007

June 18, 2007

PACER
63

ORDER this case is SET for a telephone conference on 6/26/2007 at 01:30 PM to discuss plas' 62 First MOTION LIFT STAY, the court will initiate the call, the parties SHALL submit a joint status report as set out. Signed by Judge R David Proctor on 6/20/2007. Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(KSS, ) (Entered: 06/20/2007)

June 20, 2007

June 20, 2007

PACER
64

Opposition to Plaintiffs' Motion to Lift Stay filed by Wayne Farms, LLC. Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(Walker, Dorman) (Entered: 06/21/2007)

June 21, 2007

June 21, 2007

PACER
65

NOTICE by Wayne Farms, LLC of Joint Status Report (Attachments: # 1 Exhibits)Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(Walker, Dorman) (Entered: 06/25/2007)

June 25, 2007

June 25, 2007

PACER
66

STATUS REPORT Joint Status Report on Special Master Appointment by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn, Wayne Farms, LLC. Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(Walker, Dorman) (Entered: 06/29/2007)

June 29, 2007

June 29, 2007

PACER
67

ORDER re: it is ordered by the court that plas' 62 Motion to Lift Stay is GRANTED as set out, any other filings SHALL only be permitted after the parties face-to-face meeting, it is further ORDERED by the court that plas' 28 Motion to Facilitate is GRANTED, it is further order by the court that the following notice of right to opt-in to collective action be sent to all present and former "1st and 2nd processing" employees of dft who were paid on a master card time basis as set out. Signed by Judge R David Proctor on 7/3/2007. (Attachments: # 1 Exhibit Class Notice # 2 Exhibit) Consent to join suit as party pla Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(KSS, ) (Entered: 07/03/2007)

July 3, 2007

July 3, 2007

PACER
68

ORDER the parties are hereby ORDERED to review the order issued by Judge Proctor on 4/16/2007, the parties are ORDERED to discuss and formulate an agreed report regarding the appointment of a special master, the parties were further ORDERED to submit to the court an agreed to report as set out, it is therefore ORDERED that Crutcher, Lisa Sharp, Walker, Hommel, Camp and Shaul meet face-to-face by 7/13/2007, to discuss the substance as set and file a report by 7/20/2007 at 2:00 pm . Signed by Judge R David Proctor on 7/3/2007. Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(KSS, ) (Entered: 07/03/2007)

July 3, 2007

July 3, 2007

PACER
69

NOTICE by Wayne Farms, LLC of Joint Report on the Conference Between the Parties Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(Walker, Dorman) (Entered: 07/20/2007)

July 20, 2007

July 20, 2007

PACER
70

TRANSCRIPT of Phone Conference held on 6/26/2007 before Judge R. David Proctor. Court Reporter: Anita McCorvey. [Contact court reporter for copy of transcript] (Attachments: # 1 Exhibit court reporter certification page) Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(KSS, ) (Entered: 07/24/2007)

July 24, 2007

July 24, 2007

PACER
71

TRANSCRIPT (Re-filing with corrections) of Phone Conference held on 6/26/2007 before Judge R. David Proctor. Court Reporter: Anita McCorvey. [Contact court reporter for copy of transcript] Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(KSS, ) (Entered: 07/25/2007)

July 25, 2007

July 25, 2007

PACER
72

ORDER -Pursuant to Joint Report on Conference Between the Parties 69 the court hereby ORDERS that all opt-in consents must be filed not later than 11/29/07, which is 120 days after service of the mailing lists upon plas' counsel. Signed by Judge R David Proctor on 8/2/07. Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(MAA, ) (Entered: 08/02/2007)

Aug. 2, 2007

Aug. 2, 2007

PACER
73

ORDER APPOINTING SPECIAL MASTER by agreement of the parties, court APPOINTS James Harris as Special Master. Signed by Judge R David Proctor and Judge Inge P Johnson on 8/3/07. Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(ASL, ) (Entered: 08/03/2007)

Aug. 3, 2007

Aug. 3, 2007

PACER
74

NOTICE by Jimmy Belue, Robert Thomas Dunn Notice of Filing Additional Notices of Consent to Join (Attachments: # 1 Exhibit A)Associated Cases: 4:06-cv-02095-RDP, 4:07-cv-00647-RDP(Camp, Robert) (Entered: 09/07/2007)

Sept. 7, 2007

Sept. 7, 2007

PACER
75

NOTICE by Jimmy Belue, Robert Thomas Dunn Notice of Filing Additional Notices of Consent to Join (Attachments: # 1 Exhibit A)Associated Cases: 4:06-cv-02095-RDP, 4:07-cv-00647-RDP(Camp, Robert) (Entered: 09/13/2007)

Sept. 13, 2007

Sept. 13, 2007

PACER
76

NOTICE by Jimmy Belue, Robert Thomas Dunn Consent to Join Suit as a Party Plaintiff (Attachments: # 1 Exhibit A)Associated Cases: 4:06-cv-02095-RDP, 4:07-cv-00647-RDP(Camp, Robert) (Entered: 09/30/2007)

Sept. 30, 2007

Sept. 30, 2007

PACER
77

NOTICE by James A Harris, Jr of Report of Special Master Associated Cases: 4:06-cv-02095-RDP, 4:07-cv-00647-RDP(Harris, James) (Entered: 10/05/2007)

Oct. 5, 2007

Oct. 5, 2007

PACER
78

NOTICE by Jimmy Belue, Robert Thomas Dunn Notice of Filing Additional Consents to Join Suit as Party Plaintiff (Attachments: # 1 Exhibit A)Associated Cases: 4:06-cv-02095-RDP, 4:07-cv-00647-RDP(Camp, Robert) (Entered: 10/12/2007)

Oct. 12, 2007

Oct. 12, 2007

PACER
79

Joint MOTION for Extension of Time For Parties to File Objections to Report of Special Master by Wayne Farms, LLC, Wayne Farms, LLC. (Attachments: # 1)Associated Cases: 4:06-cv-02095-RDP, 4:07-cv-00647-RDP(Sharp, Lisa) (Entered: 10/23/2007)

Oct. 23, 2007

Oct. 23, 2007

PACER
80

ORDER granting 79 Motion for Extension of Time to File Objections to Report of Special Master, objections to the report shall be filed on or by 11/8/2007 unless the parties request addtional time. Signed by Judge R David Proctor on 10/24/2007. Associated Cases: 4:06-cv-02095-RDP, 4:07-cv-00647-RDP(KSS, ) (Entered: 10/25/2007)

Oct. 25, 2007

Oct. 25, 2007

PACER
81

NOTICE by Jimmy Belue, Robert Thomas Dunn Notice of Filing Consent to Join Suit as Party Plaintiff (Attachments: # 1 Exhibit A)Associated Cases: 4:06-cv-02095-RDP, 4:07-cv-00647-RDP(Camp, Robert) (Entered: 10/31/2007)

Oct. 31, 2007

Oct. 31, 2007

PACER
82

NOTICE by Jimmy Belue, Robert Thomas Dunn Notice of Filing Additional Notices of Consents to Join (Attachments: # 1 Exhibit A)Associated Cases: 4:06-cv-02095-RDP, 4:07-cv-00647-RDP(Camp, Robert) (Entered: 11/05/2007)

Nov. 5, 2007

Nov. 5, 2007

PACER
83

SPECIAL REPORT re (32 in 4:07-cv-00647-RDP) Notice (Other), (33 in 4:07-cv-00647-RDP) Notice (Other) Objections to Report of Special Master filed by Wayne Farms, LLC, Wayne Farms, LLC. Associated Cases: 4:06-cv-02095-RDP, 4:07-cv-00647-RDP(Sharp, Lisa) (Entered: 11/08/2007)

Nov. 8, 2007

Nov. 8, 2007

PACER
84

ORDER Transferring Case to MDL: ORDER of Judicial Panel on Multidistrict Litigation transferring this case to the Southern District of Mississippi for inclusion in MDL 1872; documents requested by transferee clerk electronically transferred to Clerk of Court in Southern District of Mississippi this day. Signed by Judge R David Proctor on 11/9/2007. Associated Cases: 4:06-cv-02095-RDP, 4:07-cv-00647-RDP(KSS, ) (Entered: 11/13/2007)

Nov. 9, 2007

Nov. 9, 2007

RECAP

Case Details

State / Territory: Alabama

Case Type(s):

Equal Employment

Labor Rights

Special Collection(s):

Private Employment Class Actions

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 18, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are current and former employees of defendant at its Albertville facility.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

WAYNE FARMS, LLC (Marshall), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Discrimination-area:

Pay / Benefits