Case: BELUE v. WAYNE FARMS, LLC

2:07-cv-01004 | U.S. District Court for the Southern District of Mississippi

Filed Date: Nov. 20, 2007

Closed Date: Sept. 1, 2010

Clearinghouse coding complete

Case Summary

This case was transferred from the Northern District of Alabama and is a later development of the case. On October 18, 2006, several current and former employees of the defendant's Albertville, Alabama facility filed a lawsuit against the company 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…

This case was transferred from the Northern District of Alabama and is a later development of the case.

On October 18, 2006, several current and former employees of the defendant's Albertville, Alabama facility filed a lawsuit against the company 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, claiming that the defendant Wayne Farms violated the FLSA. Specifically, the 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.

On October 9, 2008, the defendant filed a motion for partial summary judgment, which was granted on December 17, 2008, holding that seven plaintiffs' claims were time-barred.

On October 15, 2008, the defendant filed a motion for partial summary judgment, which was granted on December 17, 2008, on the ground that two plaintiffs failed to list the FLSA claim as an asset in their bankruptcy petitions and thus were estopped from asserting the claim.

On November 17, 2008, the defendant filed a motion for partial summary judgment, which was granted on December 18, 2008, on the ground that one plaintiff never worked more than 40 hours in any contestable work week and thus, did not have an FLSA overtime claim.

On November 24, 2008, the defendant filed a motion for partial summary judgment, which was granted on December 19, 2008, on the ground that 3 plaintiffs worked only as Quality Assurance employees and had been paid already for all the activities cited in the Complaint.

On April 9, 2009, the parties reached a settlement. On August 17, 2009, the District Court (Judge Keith Starrett) granted preliminary approval to the terms of the settlement agreement, which provided that defendant pay $1,375,000 (which included attorneys' fees).

On March 31, 2010, the District Court (Judge Starrett) issued the Judgment of Dismissal. However, on June 10, 2010, the Court reopened the case for the limited purpose of filing the distribution plan. The court ultimately closed the case on September 1, 2010.

 

Summary Authors

Kunyi Zhang (8/24/2010)

Related Cases

Belue v. Wayne Farms, LLC, Northern District of Alabama (2006)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4844683/parties/belue-v-wayne-farms-llc/


Judge(s)
Attorney for Plaintiff

Camp, Robert J. (Alabama)

Celler, Richard B. (Florida)

Cherry, Samuel A. Jr. (Alabama)

Attorney for Defendant

Archer, Thomas Joshua (Georgia)

Expert/Monitor/Master/Other

Bowers, Michael J. (Georgia)

Documents in the Clearinghouse

Documents in this case

2:07-cv-01004

Docket

March 31, 2010

March 31, 2010

Docket

2:07-md-01872

Docket

In re Wayne Farms LLC Fair Labor Standards Act Litigation

Sept. 1, 2010

Sept. 1, 2010

Docket
1

4:06-cv-02095

Complaint

Oct. 18, 2006

Oct. 18, 2006

Complaint
26

4:06-cv-02095

First Amended Complaint

Feb. 15, 2007

Feb. 15, 2007

Complaint
1

2:07-cv-01004

Transfer Order

Nov. 20, 2007

Nov. 20, 2007

Order/Opinion
43

2:07-cv-01004

DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT (TIME BAR)

Oct. 9, 2008

Oct. 9, 2008

Pleading / Motion / Brief
44

2:07-cv-01004

BRIEF SUPPORTING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT (TIME BAR)

Oct. 9, 2008

Oct. 9, 2008

Pleading / Motion / Brief
46

2:07-cv-01004

DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT (BANKRUPTCY)

Oct. 15, 2008

Oct. 15, 2008

Pleading / Motion / Brief
47

2:07-cv-01004

BRIEF SUPPORTING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT (BANKRUPTCY)

Oct. 15, 2008

Oct. 15, 2008

Pleading / Motion / Brief
59

2:07-cv-01004

DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT (SHORT WEEKS)

Nov. 17, 2008

Nov. 17, 2008

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4844683/belue-v-wayne-farms-llc/

Last updated Sept. 29, 2026, 5:08 a.m.

Docket for: Belue v. Wayne Farms, LLC
ECF Number Date Description Link
1 Nov. 20, 2007

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, ) [Transferred from alnd on 11/20/2007.] (Entered: 11/13/2007)

RECAP
2 Nov. 20, 2007

COMPLAINT against Wayne Farms, LLC (Filing fee $ 350.00, receipt # 200 230581.), filed by Plaintiffs. (Attachments: # 1 Exhibit A)(KSS, ) [Transferred from alnd on 11/20/2007.] (Entered: 10/19/2006)

RECAP
3 Nov. 20, 2007

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) [Transferred from alnd on 11/20/2007.] (Entered: 02/15/2007)

RECAP
4 Nov. 20, 2007

Case transferred in from District of Alabama Northern; Case Number 4:06-cv-02095. Original file with documents numbered 1 - 84, certified copy of transfer order and docket sheet received. (Entered: 11/20/2007)

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5 Nov. 20, 2007

NOTICE OF FILING ADDITIONAL NOTICES OF CONSENT TO JOIN by plaintiffs; Notice was received on 11/19/07, before the case was opened in this Court.(LDR) Modified on 11/20/2007 (LDR). (Entered: 11/20/2007)

RECAP
6 Feb. 13, 2008

NOTICE of Filing Additional Consents by Jimmy Belue (Attachments: # 1 Exhibit A)(Hommel - PHV, William) (Entered: 02/13/2008)

RECAP
7 Feb. 21, 2008

ORDER CONSOLIDATING CASES: 2:07cv1004 and 2:07cv1005 are hereby consolidated. Signed by Magistrate Judge Michael T. Parker on 2/21/08 (AKL) (Entered: 02/21/2008)

RECAP
8 April 30, 2008

MOTION to Compel Discovery by Wayne Farms, LLC (Crutcher, R.) (Entered: 04/30/2008)

RECAP
9 April 30, 2008

MEMORANDUM IN SUPPORT re 8 MOTION to Compel Discovery filed by Wayne Farms, LLC (Crutcher, R.) (Entered: 04/30/2008)

RECAP
10 April 30, 2008

NOTICE of Filing Good Faith Certificate by Wayne Farms, LLC (Crutcher, R.) (Entered: 04/30/2008)

RECAP
May 19, 2008

TEXT ONLY ORDER: The Defendant having withdrawn the Motion to Compel Discovery 8 during a telephonic hearing held this day, the motion to compel is hereby dismissed as moot. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge Michael T. Parker on May 19, 2008 (KPM)

11 June 18, 2008

MOTION for Leave to File Amended Complaint by Jimmy Belue (Attachments: # 1 Exhibit Amended Complaint)(Hommel - PHV, William) (Entered: 06/18/2008)

RECAP
12 June 27, 2008

NOTICE of Appearance by Anne Harlan Latino on behalf of Wayne Farms, LLC (Latino, Anne) (Entered: 06/27/2008)

RECAP
13 June 27, 2008

RESPONSE to Motion re 11 MOTION for Leave to File Amended Complaint filed by Wayne Farms, LLC (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Latino, Anne) (Entered: 06/27/2008)

RECAP
14 June 27, 2008

NOTICE of Service of Interrogatories by Wayne Farms, LLC (Turner, Ernest) (Entered: 06/27/2008)

RECAP
15 June 27, 2008

NOTICE of Service of Request for Admissions by Wayne Farms, LLC (Turner, Ernest) (Entered: 06/27/2008)

RECAP
16 June 27, 2008

NOTICE of Service of Request for Production by Wayne Farms, LLC (Turner, Ernest) (Entered: 06/27/2008)

RECAP
June 30, 2008

DOCKET ANNOTATION as to #13, pursuant to the Administrative Procedures for Electronic Case Filing, proposed orders are not to be filed as a separate pleading or as an attachment. All proposed orders are to be e-mailed to the chambers of the appropriate judge. (LDR) Modified on 7/1/2008 (LDR).

17 July 28, 2008

ORDER denying 11 Motion for Leave to File Amended Complaint. Signed by Magistrate Judge Michael T. Parker on July 28, 2008 (Harris, M.) (Entered: 07/28/2008)

RECAP
18 Aug. 26, 2008

NOTICE of Service of Response to Interrogatories by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 08/26/2008)

RECAP
19 Aug. 27, 2008

NOTICE of Service of Response to Request for Admissions by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 08/27/2008)

RECAP
20 Aug. 27, 2008

NOTICE of Service of Response to Request for Production by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 08/27/2008)

RECAP
Aug. 27, 2008

DOCKET ANNOTATION as to #18, attorney's office contacted regarding docketing separate entries for Response to Production Requests and Requests for Admission. (LDR)

21 Aug. 29, 2008

MOTION for Sanctions by Wayne Farms, LLC (Attachments: # 1 Exhibit 1)(Latino, Anne) (Entered: 08/29/2008)

RECAP
22 Aug. 29, 2008

MEMORANDUM IN SUPPORT re 21 MOTION for Sanctions filed by Wayne Farms, LLC (Latino, Anne) (Entered: 08/29/2008)

RECAP
23 Sept. 2, 2008

NOTICE of Service of Disclosure by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 09/02/2008)

RECAP
24 Sept. 5, 2008

ORDER denying 21 Motion for Sanctions Signed by Magistrate Judge Michael T. Parker on September 5, 2008 (Harris, M.)

RECAP
25 Sept. 9, 2008

MOTION to Amend/Correct Answer (Unopposed) by Wayne Farms, LLC (Attachments: # 1 Exhibit 1)(Crutcher, R.) (Entered: 09/09/2008)

RECAP
26 Sept. 9, 2008

ORDER granting 25 Unopposed Motion to Amend/Correct Answer. Signed by Magistrate Judge Michael T. Parker on September 9, 2008 (KPM) (Entered: 09/09/2008)

RECAP
27 Sept. 9, 2008

AMENDED ANSWER to First 3 Amended Complaint, by Wayne Farms, LLC (Crutcher, R.) (Entered: 09/09/2008)

RECAP
28 Sept. 10, 2008

NOTICE of Service of Response to Interrogatories by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 09/10/2008)

RECAP
29 Sept. 10, 2008

NOTICE of Service of Response to Request for Admissions by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 09/10/2008)

RECAP
30 Sept. 10, 2008

NOTICE of Service of Response to Request for Production by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 09/10/2008)

RECAP
31 Sept. 10, 2008

NOTICE of Service of Disclosure by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 09/10/2008)

RECAP
32 Sept. 17, 2008

NOTICE of Service of Response to Interrogatories by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 09/17/2008)

RECAP
33 Sept. 17, 2008

NOTICE of Service of Response to Request for Admissions by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 09/17/2008)

RECAP
34 Sept. 17, 2008

NOTICE of Service of Response to Request for Production by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 09/17/2008)

RECAP
35 Sept. 24, 2008

NOTICE of Service of Disclosure by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 09/24/2008)

RECAP
36 Oct. 1, 2008

NOTICE of Service of Response to Interrogatories by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 10/01/2008)

RECAP
37 Oct. 1, 2008

NOTICE of Service of Response to Request for Production by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 10/01/2008)

RECAP
38 Oct. 1, 2008

NOTICE of Service of Response to Request for Admissions by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 10/01/2008)

RECAP
39 Oct. 6, 2008

Second MOTION for Sanctions (Failure to make Initial Disclosures) by Wayne Farms, LLC (Attachments: # 1 Exhibit 1)(Latino, Anne) (Entered: 10/06/2008)

RECAP
40 Oct. 6, 2008

MEMORANDUM IN SUPPORT re 39 Second MOTION for Sanctions (Failure to make Initial Disclosures) filed by Wayne Farms, LLC (Latino, Anne) (Entered: 10/06/2008)

RECAP
41 Oct. 7, 2008

MOTION for Sanctions (No response to Standard Discovery) by Wayne Farms, LLC (Attachments: # 1 Exhibit 1)(Latino, Anne) (Entered: 10/07/2008)

RECAP
42 Oct. 7, 2008

MEMORANDUM IN SUPPORT re 41 MOTION for Sanctions (No response to Standard Discovery) filed by Wayne Farms, LLC (Latino, Anne) (Entered: 10/07/2008)

RECAP
43 Oct. 9, 2008

MOTION for Partial Summary Judgment (Time-Barred) by Wayne Farms, LLC (Attachments: # 1 Exhibit 1 - Declaration, # 2 Exhibit 2 - Termination dates)(Latino, Anne) (Entered: 10/09/2008)

RECAP
44 Oct. 9, 2008

MEMORANDUM IN SUPPORT re 43 MOTION for Partial Summary Judgment (Time-Barred) filed by Wayne Farms, LLC (Latino, Anne) (Entered: 10/09/2008)

RECAP
45 Oct. 14, 2008

ORDER SETTING DEADLINES AND DATES FOR RESPONSE/REBUTTAL TO DEFENDANT'S 43 MOTION FOR PARTIAL SUMMARY JUDGMENT. Plaintiffs' response to Defendant's Motion for Partial Summary Judgment is due on or before October 24, 2008. Defendant's rebuttal, if desired, is due on or before October 31, 2008. Signed by District Judge Keith Starrett on October 14, 2008 (dsl) (Entered: 10/14/2008)

RECAP
46 Oct. 15, 2008

MOTION for Partial Summary Judgment (Bankruptcy) by Wayne Farms, LLC (Attachments: # 1 Exhibit 1 - Hogeland petition, # 2 Exhibit 2 - Hogeland discharge, # 3 Exhibit 3 - Peppers petition, # 4 Exhibit 4 - Peppers discharge)(Latino, Anne) (Entered: 10/15/2008)

RECAP
47 Oct. 15, 2008

MEMORANDUM IN SUPPORT re 46 MOTION for Partial Summary Judgment (Bankruptcy) MOTION for Partial Summary Judgment (Bankruptcy) filed by Wayne Farms, LLC (Latino, Anne) (Entered: 10/15/2008)

RECAP
48 Oct. 16, 2008

RESPONSE to Motion re 39 Second MOTION for Sanctions (Failure to make Initial Disclosures) filed by Jimmy Belue (Hommel - PHV, William) (Entered: 10/16/2008)

RECAP
49 Oct. 16, 2008

NOTICE of Service of Disclosure by Don Mitchell Jackson (Shaul, Roman) (Entered: 10/16/2008)

RECAP
50 Oct. 16, 2008

RESPONSE to Motion re 41 MOTION for Sanctions (No response to Standard Discovery) filed by Jimmy Belue (Hommel - PHV, William) (Entered: 10/16/2008)

RECAP
51 Oct. 22, 2008

REPLY to Response to Motion re 48 Response to Motion filed by Wayne Farms, LLC (Attachments: # 1 Exhibit 1 - part 1 - Email, # 2 Exhibit 1 - part 2 - Attachment to Email)(Latino, Anne) (Entered: 10/22/2008)

RECAP
52 Oct. 22, 2008

REPLY to Response to Motion re 50 Response to Motion filed by Wayne Farms, LLC (Attachments: # 1 Exhibit 1 - part 1 - Email, # 2 Exhibit 1 - part 2 - Attachment to Email)(Latino, Anne) (Entered: 10/22/2008)

RECAP
53 Oct. 28, 2008

MOTION to Compel Discovery by Wayne Farms, LLC (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Turner, Ernest) (Entered: 10/28/2008)

RECAP
54 Oct. 31, 2008

ORDER denying 41 Motion for Sanctions Signed by Magistrate Judge Michael T. Parker on October 31, 2008 (Harris, M.)

RECAP
55 Oct. 31, 2008

REPORT AND RECOMMENDATIONS re 39 Second MOTION for Sanctions (Failure to make Initial Disclosures) filed by Wayne Farms, LLC Objections to R&R due by 11/17/2008 Signed by Magistrate Judge Michael T. Parker on October 31, 2008 (Harris, M.) (Entered: 10/31/2008)

RECAP
56 Nov. 6, 2008

RESPONSE to Motion re 53 MOTION to Compel Discovery filed by Jimmy Belue (Hommel - PHV, William) (Entered: 11/06/2008)

RECAP
57 Nov. 13, 2008

NOTICE of Service of Disclosure by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 11/13/2008)

RECAP
58 Nov. 13, 2008

REPLY to Response to Motion re 53 MOTION to Compel Discovery filed by Wayne Farms, LLC (Turner, Ernest) (Entered: 11/13/2008)

RECAP
59 Nov. 17, 2008

MOTION for Partial Summary Judgment Short Weeks by Wayne Farms, LLC (Attachments: # 1 Exhibit 1 - Hours and earnings history)(Latino, Anne) (Entered: 11/17/2008)

RECAP
60 Nov. 17, 2008

MEMORANDUM IN SUPPORT re 59 MOTION for Partial Summary Judgment Short Weeks filed by Wayne Farms, LLC (Latino, Anne) (Entered: 11/17/2008)

RECAP
61 Nov. 17, 2008

Response in Opposition re 55 REPORT AND RECOMMENDATIONS re 39 Second MOTION for Sanctions (Failure to make Initial Disclosures) filed by Wayne Farms, LLC Objections to R&R due by 11/17/2008 Signed by Magistrate Judge Michael T. Parker on October 31, 2008 (Harris, M.) filed by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 11/17/2008)

RECAP
62 Nov. 24, 2008

Response in Opposition re 61 Response in Opposition re 55 REPORT AND RECOMMENDATIONS re 39 Second MOTION for Sanctions (Failure to make Initial Disclosures) filed by Wayne Farms, LLC Objections to R&R due by 11/17/2008 Signed by Magistrate Judge Michael T. Parker on October 31, 2008 (Harris, M.) filed by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) filed by Wayne Farms, LLC (Latino, Anne) (Entered: 11/24/2008)

RECAP
63 Nov. 24, 2008

MOTION for Partial Summary Judgment (QA) by Wayne Farms, LLC (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Crutcher, R.) (Entered: 11/24/2008)

RECAP
64 Nov. 24, 2008

MEMORANDUM in Support re 63 MOTION for Partial Summary Judgment (QA) filed by Wayne Farms, LLC (Crutcher, R.) (Entered: 11/24/2008)

RECAP
65 Nov. 24, 2008

MOTION to Dismiss (Security Claims) by Wayne Farms, LLC (Latino, Anne) (Entered: 11/24/2008)

RECAP
66 Nov. 24, 2008

MEMORANDUM IN SUPPORT re 65 MOTION to Dismiss (Security Claims) filed by Wayne Farms, LLC (Attachments: # 1 Exhibit 1, part 1 - Email from Pepper Crutcher to Bill Hommel, # 2 Exhibit 1, part 2 - Attachment to email - Burks security claim dismissal, # 3 Exhibit 2 - Response email from Bill Hommel to Pepper Crutcher, # 4 Exhibit 3 - Request for Admissions)(Latino, Anne) (Entered: 11/24/2008)

RECAP
67 Dec. 4, 2008

Second MOTION for Sanctions (No Response to Standard Discovery) by Wayne Farms, LLC (Attachments: # 1 Exhibit 1 - List of Plaintiffs, # 2 Exhibit 2 - Latino Declaration)(Latino, Anne) (Entered: 12/04/2008)

RECAP
68 Dec. 4, 2008

MEMORANDUM IN SUPPORT re 67 Second MOTION for Sanctions (No Response to Standard Discovery) filed by Wayne Farms, LLC (Latino, Anne) (Entered: 12/04/2008)

RECAP
69 Dec. 10, 2008

ORDER granting 53 Motion to Compel Signed by Magistrate Judge Michael T. Parker on December 10, 2008 (Harris, M.)

RECAP
70 Dec. 17, 2008

MEMORANDUM OPINION AND ORDER in case 2:07-md-01872-KS-MTP; granting (46) Motion for Partial Summary Judgment in case 2:07-cv-01004-KS-MTP with prejudice as to plaintiffs Carolyn S. Hogeland and Dorothy Mae Peppers. Signed by District Judge Keith Starrett on 12/15/08 (LDR) (Entered: 12/17/2008)

RECAP
71 Dec. 17, 2008

JUDGMENT, defendant's 46 Motion for Summary Judgment as to plaintiffs Carolyn S. Hogeland and Dorothy Mae Peppers is granted and named plaintiffs are dismissed with prejudice. Signed by District Judge Keith Starrett on 12/15/08. (LDR) (Entered: 12/17/2008)

RECAP
72 Dec. 17, 2008

MEMORANDUM OPINION AND ORDER in case 2:07-md-01872-KS-MTP; granting (43) Motion for Partial Summary Judgment in case 2:07-cv-01004-KS-MTP filed by defendants as to time-barred plaintiffs; case dismissed with prejudice as to the seven named plaintiffs. Signed by District Judge Keith Starrett on 12/17/08 (LDR) Modified on 12/17/2008 (LDR). (Entered: 12/17/2008)

RECAP
73 Dec. 17, 2008

JUDGMENT, defendant's Motion for Summary Judgment as to time-barred plaintiffs is granted; named plaintiffs are dismissed with prejudice: Traci S. Watkins, McKinley T. Jackson, Alethea Payne, Tammy Rene Richey, Mashika R. Robinson, Constance Vinson and Baltazar C. Zamarripa. Signed by District Judge Keith Starrett on 12/17/08 (LDR) (Entered: 12/17/2008)

RECAP
Dec. 17, 2008

DOCKET ANNOTATION as to #72 modified to show document is Memorandum Opinion and Order. (LDR)

74 Dec. 18, 2008

PARTIAL DISMISSAL ORDER in case 2:07-md-01872-KS-MTP; granting 59 Motion for Partial Summary Judgment in case 2:07-cv-01004-KS-MTP, dismissing with prejudice named plaintiff Michael L. Gallagher. Signed by District Judge Keith Starrett on 12/18/08 (LDR) (Entered: 12/18/2008)

RECAP
75 Dec. 18, 2008

Order re motion # 65, directing plaintiffs to file either a brief in opposition or a stipulation in response to said motion within twenty (20) days of the date of this order, making the filing due on or before January 7, 2009. Signed by District Judge Keith Starrett on December 18, 2008 (dsl) (Entered: 12/18/2008)

RECAP
76 Dec. 19, 2008

JUDGMENT, defendant's 59 Motion for Summary Judgment is granted, plaintiff Michael L. Gallagher is dismissed. Signed by District Judge Keith Starrett on 12/18/08 (LDR) (Entered: 12/19/2008)

RECAP
77 Dec. 19, 2008

ORDER granting Defendant's 63 Motion for Partial Summary Judgment. The following plaintiffs are dismissed with prejudice: Margaretta M. Hicks, Denise Whiteside and Viekie L. Woods. A separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure will be entered. Signed by District Judge Keith Starrett on December 19, 2008 (dsl)

RECAP
78 Dec. 19, 2008

JUDGMENT, defendant's 63 Motion for Summary Judgment granted with prejudice dismissing named plaintiffs: Margaretta M. Hicks, Denise Whiteside, Viekie L. Woods. Signed by District Judge Keith Starrett on 12/19/08 (LDR) (Entered: 12/19/2008)

RECAP
79 Dec. 31, 2008

NOTICE of Service of Response to Interrogatories by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 12/31/2008)

2 Exhibit A

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80 Dec. 31, 2008

NOTICE of Service of Response to Request for Production by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 12/31/2008)

2 Exhibit A

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RECAP
81 Jan. 7, 2009

REPORT AND RECOMMENDATIONS re 67 Second MOTION for Sanctions (No Response to Standard Discovery) filed by Wayne Farms, LLC Objections to R&R due by 1/22/2009 Signed by Magistrate Judge Michael T. Parker on January 7, 2009 (Harris, M.) (Entered: 01/07/2009)

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82 Jan. 7, 2009

ORDER WITHDRAWING REPORT AND RECOMMENDATIONS Signed by Magistrate Judge Michael T. Parker on January 7, 2009 (Harris, M.) (Entered: 01/07/2009)

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83 Jan. 8, 2009

PARTIAL DISMISSAL ORDER in case 2:07-md-01872-KS-MTP; granting (67) Motion for Sanctions in case 2:07-cv-01004-KS-MTP Signed by District Judge Keith Starrett on 1/08/09 (AKL) (Entered: 01/08/2009)

RECAP
84 Jan. 8, 2009

JUDGMENT, the named plaintiffs in order are dismissed with prejudice. Barbara D Baker terminated. Signed by District Judge Keith Starrett on 1/08/09 (AKL) (Entered: 01/08/2009)

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85 Jan. 14, 2009

BILL OF COSTS by Wayne Farms, LLC (Attachments: # 1 Exhibit, # 2 Exhibit)(Turner, Ernest) (Entered: 01/14/2009)

2 Exhibit

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3 Exhibit

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RECAP
86 Jan. 14, 2009

MOTION FOR TAXATION OF COSTS AND EXPENSES by Wayne Farms, LLC (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Turner, Ernest) (Entered: 01/14/2009)

2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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RECAP
87 Jan. 14, 2009

AGREED DISMISSAL ORDER, pursuant to Pretrial Order No. 2, Liaison Counsel agreed claims of certain plaintiffs: Jose D. Corrales, James William Cowart, Hilario Dominguez, Joe F. Edwards, Jr., Larry Kelley, Kenneth Swearengin, Michael L. White and William A. Worden (maintenance and sanitation workers) are dismissed without prejudice. Signed by District Judge Keith Starrett on 1/14/09 (LDR) (Entered: 01/14/2009)

RECAP
88 Jan. 14, 2009

NOTICE of Service of Response to Interrogatories by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 01/14/2009)

2 Exhibit A

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RECAP
89 Jan. 15, 2009

Costs Taxed in amount of $ 1096.25 against plaintiffs. (LDR) (Entered: 01/15/2009)

RECAP
Jan. 15, 2009

DOCKET ANNOTATION as to #87, Incorrect Civil Action No. indicated for Robert Thomas Dunn,et al v. Wayne Farms; correct Civil Action No. is 2:07cv1005-KS-MTP. (LDR)

90 Jan. 16, 2009

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 55 in 2:07-cv-01004-KS-MTP Report and Recommendations, re: 39 in 2:07-cv-01004-KS-MTP, Second Motion for Sanctions; the claims of 13 plaintiffs listed in Exhibit 1 are dismissed with prejudice. Signed by District Judge Keith Starrett on 1/16/09 (Attachments: # 1 Exhibit)(LDR) (Entered: 01/16/2009)

2 Exhibit

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RECAP
91 Jan. 16, 2009

BILL OF COSTS by Wayne Farms, LLC (Attachments: # 1 Exhibit, # 2 Exhibit)(Turner, Ernest) (Entered: 01/16/2009)

2 Exhibit

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3 Exhibit

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RECAP
92 Jan. 16, 2009

MOTION FOR TAXATON OF COSTS AND EXPENSES by Wayne Farms, LLC (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Turner, Ernest) (Entered: 01/16/2009)

2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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93 Jan. 16, 2009

NOTICE of Service of Response to Interrogatories by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 01/16/2009)

2 Exhibit A

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RECAP
94 Jan. 20, 2009

Costs Taxed (First Amended Bill of Costs) in amount of $ 1,096.25 against plaintiffs. (LDR) (Entered: 01/20/2009)

RECAP
95 Jan. 22, 2009

NOTICE of Service of Response to Interrogatories by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 01/22/2009)

2 Exhibit A

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RECAP

Case Details

State / Territory:

Mississippi

Case Type(s):

Equal Employment

Labor Rights

Special Collection(s):

Multi-LexSum (in sample)

Private Employment Class Actions

Key Dates

Filing Date: Nov. 20, 2007

Closing Date: Sept. 1, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiffs were then and former employees of the defendant's Albertville facility.

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

Private Entity/Person

Wayne Farms LLC

Case Details

Causes of Action:

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

Other Dockets:

Southern District of Mississippi 2:07-cv-01004

Southern District of Mississippi 4:06-cv-02095

Southern District of Mississippi 2:07-md-01872

Available Documents:

Any published opinion

Complaint (any)

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Unknown

Relief Granted:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $1,375,000

Issues

Discrimination Area:

Pay / Benefits

Recommended Citation