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 EE-AL-0119.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 …

This case was transferred from the Northern District of Alabama and is a later development of the case EE-AL-0119.

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 attrorneys, 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)

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
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 Aug. 31, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
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
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
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

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
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
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

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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

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3 Exhibit

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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

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3 Exhibit

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4 Exhibit

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5 Exhibit

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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

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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

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3 Exhibit

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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

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Jan. 22, 2009

Jan. 22, 2009

PACER

Case Details

State / Territory: Mississippi

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Multi-LexSum (in sample)

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

Wayne Farms LLC, 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)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

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