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

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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.

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Summary Authors

Kunyi Zhang (8/24/2010)

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)

Heyburn, John Gilpin II (Kentucky)

Parker, Michael T. (Mississippi)

Starrett, Keith (Mississippi)

Attorneys(s) for Plaintiff

Camp, Robert J. (Alabama)

Celler, Richard B. (Florida)

Cherry, Samuel A. Jr. (Alabama)

Hommel, William S. (Texas)

Hunter, Seth M. (Mississippi)

Lane, Joseph D. (Alabama)

Miles, W. Daniel III (Alabama)

Judge(s)

Heyburn, John Gilpin II (Kentucky)

Parker, Michael T. (Mississippi)

Starrett, Keith (Mississippi)

Attorneys(s) for Plaintiff

Camp, Robert J. (Alabama)

Celler, Richard B. (Florida)

Cherry, Samuel A. Jr. (Alabama)

Hommel, William S. (Texas)

Hunter, Seth M. (Mississippi)

Lane, Joseph D. (Alabama)

Miles, W. Daniel III (Alabama)

Nomberg, Bernard D. (Alabama)

Salim, Robert L. (Louisiana)

Shaul, Roman A. (Alabama)

Swanner, Lance H. (Alabama)

Attorneys(s) for Defendant

Archer, Thomas Joshua (Georgia)

Crutcher, R. Pepper Jr. (Mississippi)

Latino, Anne Harlan (Mississippi)

Madden, Wendy A. (Alabama)

Sharp, Lisa Johnson (Alabama)

Turner, E. Russell (Mississippi)

Walker, Jordan Dorman (Alabama)

Other Attorney(s)

Bowers, Michael J. (Georgia)

Clause, Sandy E. (Louisiana)

Espy, Mike (Mississippi)

McNatt, Hugh Brown (Georgia)

Singleton, Ann Harlan (Louisiana)

Stephens, Deirdre Maria (Georgia)

Tallman, Tisha Rae (Georgia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
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
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
43 2:07-cv-01004	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
60 2:07-cv-01004	BRIEF SUPPORTING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT (SHORT WEEKS)	Nov. 17, 2008	Nov. 17, 2008 Pleading / Motion / Brief

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Docket

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

Last updated June 6, 2023, 3:05 a.m.

ECF Number	Description	Date	Link Date / Link
1	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)	Nov. 20, 2007	Nov. 20, 2007 PACER
2	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)	Nov. 20, 2007	Nov. 20, 2007 PACER
3	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)	Nov. 20, 2007	Nov. 20, 2007 PACER
4	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)	Nov. 20, 2007	Nov. 20, 2007 PACER
5	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)	Nov. 20, 2007	Nov. 20, 2007 PACER
6	NOTICE of Filing Additional Consents by Jimmy Belue (Attachments: # 1 Exhibit A)(Hommel - PHV, William) (Entered: 02/13/2008)	Feb. 13, 2008	Feb. 13, 2008 PACER
7	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)	Feb. 21, 2008	Feb. 21, 2008 PACER
8	MOTION to Compel Discovery by Wayne Farms, LLC (Crutcher, R.) (Entered: 04/30/2008)	April 30, 2008	April 30, 2008 PACER
9	MEMORANDUM IN SUPPORT re 8 MOTION to Compel Discovery filed by Wayne Farms, LLC (Crutcher, R.) (Entered: 04/30/2008)	April 30, 2008	April 30, 2008 PACER
10	NOTICE of Filing Good Faith Certificate by Wayne Farms, LLC (Crutcher, R.) (Entered: 04/30/2008)	April 30, 2008	April 30, 2008 PACER
	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)	May 19, 2008	May 19, 2008 PACER
11	MOTION for Leave to File Amended Complaint by Jimmy Belue (Attachments: # 1 Exhibit Amended Complaint)(Hommel - PHV, William) (Entered: 06/18/2008)	June 18, 2008	June 18, 2008 PACER
12	NOTICE of Appearance by Anne Harlan Latino on behalf of Wayne Farms, LLC (Latino, Anne) (Entered: 06/27/2008)	June 27, 2008	June 27, 2008 PACER
13	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)	June 27, 2008	June 27, 2008 PACER
14	NOTICE of Service of Interrogatories by Wayne Farms, LLC (Turner, Ernest) (Entered: 06/27/2008)	June 27, 2008	June 27, 2008 PACER
15	NOTICE of Service of Request for Admissions by Wayne Farms, LLC (Turner, Ernest) (Entered: 06/27/2008)	June 27, 2008	June 27, 2008 PACER
16	NOTICE of Service of Request for Production by Wayne Farms, LLC (Turner, Ernest) (Entered: 06/27/2008)	June 27, 2008	June 27, 2008 PACER
	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).	June 30, 2008	June 30, 2008 PACER
17	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)	July 28, 2008	July 28, 2008 PACER
18	NOTICE of Service of Response to Interrogatories by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 08/26/2008)	Aug. 26, 2008	Aug. 26, 2008 PACER
19	NOTICE of Service of Response to Request for Admissions by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 08/27/2008)	Aug. 27, 2008	Aug. 27, 2008 PACER
20	NOTICE of Service of Response to Request for Production by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 08/27/2008)	Aug. 27, 2008	Aug. 27, 2008 PACER
	DOCKET ANNOTATION as to #18, attorney's office contacted regarding docketing separate entries for Response to Production Requests and Requests for Admission. (LDR)	Aug. 27, 2008	Aug. 27, 2008 PACER
21	MOTION for Sanctions by Wayne Farms, LLC (Attachments: # 1 Exhibit 1)(Latino, Anne) (Entered: 08/29/2008)	Aug. 29, 2008	Aug. 29, 2008 PACER
22	MEMORANDUM IN SUPPORT re 21 MOTION for Sanctions filed by Wayne Farms, LLC (Latino, Anne) (Entered: 08/29/2008)	Aug. 29, 2008	Aug. 29, 2008 PACER
23	NOTICE of Service of Disclosure by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 09/02/2008)	Sept. 2, 2008	Sept. 2, 2008 PACER
24	ORDER denying 21 Motion for Sanctions Signed by Magistrate Judge Michael T. Parker on September 5, 2008 (Harris, M.) (Entered: 09/05/2008)	Sept. 5, 2008	Sept. 5, 2008 RECAP
25	MOTION to Amend/Correct Answer (Unopposed) by Wayne Farms, LLC (Attachments: # 1 Exhibit 1)(Crutcher, R.) (Entered: 09/09/2008)	Sept. 9, 2008	Sept. 9, 2008 PACER
26	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)	Sept. 9, 2008	Sept. 9, 2008 PACER
27	AMENDED ANSWER to First 3 Amended Complaint, by Wayne Farms, LLC (Crutcher, R.) (Entered: 09/09/2008)	Sept. 9, 2008	Sept. 9, 2008 PACER
28	NOTICE of Service of Response to Interrogatories by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 09/10/2008)	Sept. 10, 2008	Sept. 10, 2008 PACER
29	NOTICE of Service of Response to Request for Admissions by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 09/10/2008)	Sept. 10, 2008	Sept. 10, 2008 PACER
30	NOTICE of Service of Response to Request for Production by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 09/10/2008)	Sept. 10, 2008	Sept. 10, 2008 PACER
31	NOTICE of Service of Disclosure by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 09/10/2008)	Sept. 10, 2008	Sept. 10, 2008 PACER
32	NOTICE of Service of Response to Interrogatories by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 09/17/2008)	Sept. 17, 2008	Sept. 17, 2008 PACER
33	NOTICE of Service of Response to Request for Admissions by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 09/17/2008)	Sept. 17, 2008	Sept. 17, 2008 PACER
34	NOTICE of Service of Response to Request for Production by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 09/17/2008)	Sept. 17, 2008	Sept. 17, 2008 PACER
35	NOTICE of Service of Disclosure by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 09/24/2008)	Sept. 24, 2008	Sept. 24, 2008 PACER
36	NOTICE of Service of Response to Interrogatories by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 10/01/2008)	Oct. 1, 2008	Oct. 1, 2008 PACER
37	NOTICE of Service of Response to Request for Production by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 10/01/2008)	Oct. 1, 2008	Oct. 1, 2008 PACER
38	NOTICE of Service of Response to Request for Admissions by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 10/01/2008)	Oct. 1, 2008	Oct. 1, 2008 PACER
39	Second MOTION for Sanctions (Failure to make Initial Disclosures) by Wayne Farms, LLC (Attachments: # 1 Exhibit 1)(Latino, Anne) (Entered: 10/06/2008)	Oct. 6, 2008	Oct. 6, 2008 PACER
40	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)	Oct. 6, 2008	Oct. 6, 2008 PACER
41	MOTION for Sanctions (No response to Standard Discovery) by Wayne Farms, LLC (Attachments: # 1 Exhibit 1)(Latino, Anne) (Entered: 10/07/2008)	Oct. 7, 2008	Oct. 7, 2008 PACER
42	MEMORANDUM IN SUPPORT re 41 MOTION for Sanctions (No response to Standard Discovery) filed by Wayne Farms, LLC (Latino, Anne) (Entered: 10/07/2008)	Oct. 7, 2008	Oct. 7, 2008 PACER
43	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)	Oct. 9, 2008	Oct. 9, 2008 PACER
44	MEMORANDUM IN SUPPORT re 43 MOTION for Partial Summary Judgment (Time-Barred) filed by Wayne Farms, LLC (Latino, Anne) (Entered: 10/09/2008)	Oct. 9, 2008	Oct. 9, 2008 PACER
45	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)	Oct. 14, 2008	Oct. 14, 2008 PACER
46	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)	Oct. 15, 2008	Oct. 15, 2008 PACER
47	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)	Oct. 15, 2008	Oct. 15, 2008 PACER
48	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)	Oct. 16, 2008	Oct. 16, 2008 PACER
49	NOTICE of Service of Disclosure by Don Mitchell Jackson (Shaul, Roman) (Entered: 10/16/2008)	Oct. 16, 2008	Oct. 16, 2008 PACER
50	RESPONSE to Motion re 41 MOTION for Sanctions (No response to Standard Discovery) filed by Jimmy Belue (Hommel - PHV, William) (Entered: 10/16/2008)	Oct. 16, 2008	Oct. 16, 2008 PACER
51	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)	Oct. 22, 2008	Oct. 22, 2008 PACER
52	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)	Oct. 22, 2008	Oct. 22, 2008 PACER
53	MOTION to Compel Discovery by Wayne Farms, LLC (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Turner, Ernest) (Entered: 10/28/2008)	Oct. 28, 2008	Oct. 28, 2008 PACER
54	ORDER denying 41 Motion for Sanctions Signed by Magistrate Judge Michael T. Parker on October 31, 2008 (Harris, M.) (Entered: 10/31/2008)	Oct. 31, 2008	Oct. 31, 2008 RECAP
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.) (Entered: 10/31/2008)	Oct. 31, 2008	Oct. 31, 2008 PACER
56	RESPONSE to Motion re 53 MOTION to Compel Discovery filed by Jimmy Belue (Hommel - PHV, William) (Entered: 11/06/2008)	Nov. 6, 2008	Nov. 6, 2008 PACER
57	NOTICE of Service of Disclosure by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 11/13/2008)	Nov. 13, 2008	Nov. 13, 2008 PACER
58	REPLY to Response to Motion re 53 MOTION to Compel Discovery filed by Wayne Farms, LLC (Turner, Ernest) (Entered: 11/13/2008)	Nov. 13, 2008	Nov. 13, 2008 PACER
59	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)	Nov. 17, 2008	Nov. 17, 2008 PACER
60	MEMORANDUM IN SUPPORT re 59 MOTION for Partial Summary Judgment Short Weeks filed by Wayne Farms, LLC (Latino, Anne) (Entered: 11/17/2008)	Nov. 17, 2008	Nov. 17, 2008 PACER
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) (Entered: 11/17/2008)	Nov. 17, 2008	Nov. 17, 2008 PACER
62	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)	Nov. 24, 2008	Nov. 24, 2008 PACER
63	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)	Nov. 24, 2008	Nov. 24, 2008 PACER
64	MEMORANDUM in Support re 63 MOTION for Partial Summary Judgment (QA) filed by Wayne Farms, LLC (Crutcher, R.) (Entered: 11/24/2008)	Nov. 24, 2008	Nov. 24, 2008 PACER
65	MOTION to Dismiss (Security Claims) by Wayne Farms, LLC (Latino, Anne) (Entered: 11/24/2008)	Nov. 24, 2008	Nov. 24, 2008 PACER
66	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)	Nov. 24, 2008	Nov. 24, 2008 PACER
67	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)	Dec. 4, 2008	Dec. 4, 2008 PACER
68	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)	Dec. 4, 2008	Dec. 4, 2008 PACER
69	ORDER granting 53 Motion to Compel Signed by Magistrate Judge Michael T. Parker on December 10, 2008 (Harris, M.) (Entered: 12/10/2008)	Dec. 10, 2008	Dec. 10, 2008 RECAP
70	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)	Dec. 17, 2008	Dec. 17, 2008 PACER
71	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)	Dec. 17, 2008	Dec. 17, 2008 PACER
72	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)	Dec. 17, 2008	Dec. 17, 2008 PACER
73	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)	Dec. 17, 2008	Dec. 17, 2008 PACER
	DOCKET ANNOTATION as to #72 modified to show document is Memorandum Opinion and Order. (LDR)	Dec. 17, 2008	Dec. 17, 2008 PACER
74	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)	Dec. 18, 2008	Dec. 18, 2008 PACER
75	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)	Dec. 18, 2008	Dec. 18, 2008 PACER
76	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)	Dec. 19, 2008	Dec. 19, 2008 PACER
77	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) (Entered: 12/19/2008)	Dec. 19, 2008	Dec. 19, 2008 RECAP
78	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)	Dec. 19, 2008	Dec. 19, 2008 PACER
79	NOTICE of Service of Response to Interrogatories by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 12/31/2008) 2 Exhibit A View on PACER	Dec. 31, 2008	Dec. 31, 2008 PACER
80	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 View on PACER	Dec. 31, 2008	Dec. 31, 2008 PACER
81	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)	Jan. 7, 2009	Jan. 7, 2009 PACER
82	ORDER WITHDRAWING REPORT AND RECOMMENDATIONS Signed by Magistrate Judge Michael T. Parker on January 7, 2009 (Harris, M.) (Entered: 01/07/2009)	Jan. 7, 2009	Jan. 7, 2009 PACER
83	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)	Jan. 8, 2009	Jan. 8, 2009 PACER
84	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)	Jan. 8, 2009	Jan. 8, 2009 PACER
85	BILL OF COSTS by Wayne Farms, LLC (Attachments: # 1 Exhibit, # 2 Exhibit)(Turner, Ernest) (Entered: 01/14/2009) 2 Exhibit View on PACER 3 Exhibit View on PACER	Jan. 14, 2009	Jan. 14, 2009 PACER
86	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 View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER	Jan. 14, 2009	Jan. 14, 2009 PACER
87	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)	Jan. 14, 2009	Jan. 14, 2009 PACER
88	NOTICE of Service of Response to Interrogatories by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 01/14/2009) 2 Exhibit A View on PACER	Jan. 14, 2009	Jan. 14, 2009 PACER
89	Costs Taxed in amount of $ 1096.25 against plaintiffs. (LDR) (Entered: 01/15/2009)	Jan. 15, 2009	Jan. 15, 2009 PACER
	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)	Jan. 15, 2009	Jan. 15, 2009 PACER
90	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 View on PACER	Jan. 16, 2009	Jan. 16, 2009 PACER
91	BILL OF COSTS by Wayne Farms, LLC (Attachments: # 1 Exhibit, # 2 Exhibit)(Turner, Ernest) (Entered: 01/16/2009) 2 Exhibit View on PACER 3 Exhibit View on PACER	Jan. 16, 2009	Jan. 16, 2009 PACER
92	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 View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER	Jan. 16, 2009	Jan. 16, 2009 PACER
93	NOTICE of Service of Response to Interrogatories by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 01/16/2009) 2 Exhibit A View on PACER	Jan. 16, 2009	Jan. 16, 2009 PACER
94	Costs Taxed (First Amended Bill of Costs) in amount of $ 1,096.25 against plaintiffs. (LDR) (Entered: 01/20/2009)	Jan. 20, 2009	Jan. 20, 2009 PACER
95	NOTICE of Service of Response to Interrogatories by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 01/22/2009) 2 Exhibit A View on PACER	Jan. 22, 2009	Jan. 22, 2009 PACER