Case: Spoerle v. Kraft Foods Global, Inc.

3:07-cv-00300 | U.S. District Court for the Western District of Wisconsin

Filed Date: 2007

Clearinghouse coding in progress

Case Summary

Plaintiffs asserted claims for unpaid wages, liquidated damages, injunctive relief and attorneys fees under the Fair Labor Standards Act (the "FLSA Claims") and unpaid wages and penalties under the Wisconsin wage payment laws (the "Wisconsin Claims") for unpaid time spent donning and doffing certain company-issued items and articles the Defendant requires them to wear while they work, and for unpaid time they are required to spend walking to and from the company locker rooms and their productio…

Plaintiffs asserted claims for unpaid wages, liquidated damages, injunctive relief and attorneys fees under the Fair Labor Standards Act (the "FLSA Claims") and unpaid wages and penalties under the Wisconsin wage payment laws (the "Wisconsin Claims") for unpaid time spent donning and doffing certain company-issued items and articles the Defendant requires them to wear while they work, and for unpaid time they are required to spend walking to and from the company locker rooms and their production areas at the beginning and end of their assigned shifts. Plaintiffs also asserted a claim for failing to maintain accurate records as required by the FLSA of all hours worked by Plaintiffs on behalf of Kraft.

On May 6, 2008, the Court granted class certification of the Wisconsin Claims; certified the Wisconsin Class of "all current and former Kraft hourly employees employed at Kraft's Oscar Mayer plant in Madison, Wisconsin who were not paid regular or overtime pay for time spent donning and doffing personal protective equipment and walking to and from their work stations.

People


Judge(s)

Crabb, Barbara Brandriff (Wisconsin)

Easterbrook, Frank Hoover (Illinois)

Evans, Charles H. (Illinois)

Attorney for Plaintiff

Curnutt, Heather (Wisconsin)

Attorney for Defendant

Kaplan, Daniel A. (Wisconsin)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

3:07-cv-00300

Docket

Aug. 24, 2010

Aug. 24, 2010

Docket

3:07-cv-00300

Amended Complaint

June 14, 2007

June 14, 2007

Complaint

3:07-cv-00300

Stipulation for (Partial) Proposed Class Action Settlement and Proposed Preliminary Approval Order

Sept. 8, 2008

Sept. 8, 2008

Settlement Agreement

09-02691

Opinion (Seventh Circuit)

U.S. Court of Appeals for the Seventh Circuit

Aug. 2, 2010

Aug. 2, 2010

Order/Opinion

614 F.3d 427

Docket

ECF Number Description Date Link Date / Link

NORTC − FEE PAID. (Entered: 05/31/2007)

May 30, 2007

May 30, 2007

1

JS−44 (Entered: 05/31/2007)

May 30, 2007

May 30, 2007

2

COMPLAINT − SUMMONS ISSUED. (Entered: 05/31/2007)

May 30, 2007

May 30, 2007

3

SUMMONS (Entered: 06/06/2007)

June 6, 2007

June 6, 2007

4

DISCLOSURE OF CORP. AFFIL. &FINAN. INT. BY PLTFS. (Entered: 06/06/2007)

June 6, 2007

June 6, 2007

5

COMPLAINT − AMENDED. (Entered: 06/15/2007)

June 14, 2007

June 14, 2007

6

ANSWER (Entered: 06/25/2007)

June 22, 2007

June 22, 2007

7

DISCLOSURE OF CORP. AFFIL. &FINAN. INT. BY DEFT. (Entered: 06/25/2007)

June 22, 2007

June 22, 2007

8

MOTION (JOINT) TO DISMISS DEFT. KRAFT FOODS, INC. (Entered: 06/25/2007)

June 22, 2007

June 22, 2007

9

ORDER DISMISSING DEFT. KRAFT FOODS INC. WITHOUT PREJUDICE. (Entered: 07/03/2007)

July 3, 2007

July 3, 2007

10

JOINT PPTC REPORT. (Entered: 07/25/2007)

July 25, 2007

July 25, 2007

11

PTC ORDER − AMENDMENTS TO PLEADINGS DUE 9/7/07; MOTION TO CERTIFY CLASS DUE 10/1/07; DISP. MOTS. DUE 3/28/08. (SLC) (Entered: 08/02/2007)

Aug. 2, 2007

Aug. 2, 2007

12

MOTION FOR SUMMARY JUDGMENT BY DEFT. (Entered: 09/17/2007)

Sept. 17, 2007

Sept. 17, 2007

13

BRIEF IN SUPPORT OF DEFT. MOTION FOR S/J. (Entered: 09/17/2007)

Sept. 17, 2007

Sept. 17, 2007

14

PROPOSED FINDINGS/CONCL. BY DEFT. (Entered: 09/17/2007)

Sept. 17, 2007

Sept. 17, 2007

15

AFFIDAVIT OF LANCE S. HEMMERICH. (Entered: 09/17/2007)

Sept. 17, 2007

Sept. 17, 2007

16

AFFIDAVIT OF RAY LADELL. (Entered: 09/17/2007)

Sept. 17, 2007

Sept. 17, 2007

17

AFFIDAVIT OF GREGORY L. NEALIS. (Entered: 09/17/2007)

Sept. 17, 2007

Sept. 17, 2007

18

EXHIBIT 1 TO AFFIDAVIT OF GREGORY NEALIS. (SCHEMATIC OF KRAFT OSCAR MAYER MADISON PLANT) (Entered: 09/18/2007)

Sept. 17, 2007

Sept. 17, 2007

20

ORDER GRANTING JOINT MOTION TO SUSPEND BRIEFING ON CLASS CERTIFICATION UNTIL S/J IS DECIDED. (SLC) (Entered: 09/21/2007)

Sept. 21, 2007

Sept. 21, 2007

21

BRIEF in Opposition by Plaintiffs KATHI SMITH, JASON KNUDTSON, JEFF SPOERLE, NICK LEE re: 12 MOTION FOR SUMMARY JUDGMENT BY DEFT. (Attachments:# 1 cert of service) (krj) (Entered: 10/09/2007)

Oct. 8, 2007

Oct. 8, 2007

22

Response to Proposed Findings of Fact and Conclusions of Law by Plaintiffs KATHI SMITH, JASON KNUDTSON, JEFF SPOERLE, NICK LEE re: 12 MOTION FOR SUMMARY JUDGMENT BY DEFT. (krj) (Entered: 10/09/2007)

Oct. 8, 2007

Oct. 8, 2007

23

AFFIDAVIT of Kurt C. Kobelt by Plaintiffs KATHI SMITH, JASON KNUDTSON, JEFF SPOERLE, NICK LEE re: 12 MOTION FOR SUMMARY JUDGMENT BY DEFT. (Attachments: # 1 Exhibit) (krj) (Entered: 10/09/2007)

Oct. 8, 2007

Oct. 8, 2007

24

BRIEF in Reply in Support re: 12 MOTION FOR SUMMARY JUDGMENT BY DEFT. (Attachments: # 1 Certificate of Service) (krj) (Entered: 10/19/2007)

Oct. 18, 2007

Oct. 18, 2007

25

ORDER granting in part and denying in part 12 Motion for Summary Judgment. Signed by Judge Barbara B Crabb on 12/31/07. (elc) (Entered: 12/31/2007)

Dec. 31, 2007

Dec. 31, 2007

26

MOTION for Clarification, certification and stay to file an interlocutory appeal re 25 Order on Motion for Summary Judgment by Defendant KRAFT FOODS GLOBAL, INC..Response due by 1/17/2008. (Attachments: # 1 Certificate of Service) (elc) (Entered: 01/10/2008)

Jan. 10, 2008

Jan. 10, 2008

Minute Entry for proceedings held before Judge Stephen L Crocker : Telephone Scheduling Conference held on 1/16/2008 [:10] (cak) (Entered: 01/16/2008)

Jan. 16, 2008

Jan. 16, 2008

27

AMENDED SCHEDULING ORDER: Response to motion for reconsideration due 1/22/08, reply due 1/28/08; motion to certify class due 2/8/08, response due 3/7/08, reply due 3/21/08; plaintiffs expert disclosures due 3/31/08, defendant expert disclosures due 5/1/08. Signed by Magistrate Judge Stephen L Crocker on 1/16/08. (krj) (Entered: 01/18/2008)

Jan. 18, 2008

Jan. 18, 2008

Set/Reset Deadlines as to 26 MOTION for Clarification re 25 Order on Motion for Summary Judgment. Brief in Opposition due by 1/22/2008, Brief in Reply due by 1/28/2008. (krj) (Entered: 01/18/2008)

Jan. 18, 2008

Jan. 18, 2008

28

BRIEF in Opposition by Plaintiffs KATHI SMITH, JASON KNUDTSON, JEFF SPOERLE, NICK LEE re: 26 MOTION for Clarification re 25 Order on Motion for Summary Judgment filed by KRAFT FOODS GLOBAL, INC. (Kobelt, Kurt) (Entered: 01/22/2008)

Jan. 22, 2008

Jan. 22, 2008

29

CERTIFICATE OF SERVICE by Plaintiffs KATHI SMITH, JASON KNUDTSON, JEFF SPOERLE, NICK LEE re 28 Brief in Opposition (Kobelt, Kurt) (Entered: 01/22/2008)

Jan. 22, 2008

Jan. 22, 2008

30

BRIEF in Reply in Support re: 26 MOTION for Clarification re 25 Order on Motion for Summary Judgment filed by KRAFT FOODS GLOBAL, INC. (Kaplan, Daniel) (Entered: 01/28/2008)

Jan. 28, 2008

Jan. 28, 2008

31

CERTIFICATE OF SERVICE by Defendant KRAFT FOODS GLOBAL, INC. of Kraft's Reply Brief in Support of Motion for Clarification, Reconsideration, and for Certification and Stay to File an Interlocutory Appeal (Kaplan, Daniel) (Entered: 01/28/2008)

Jan. 28, 2008

Jan. 28, 2008

32

Exhibit to BRIEF in Reply in Support re: 26 MOTION for Clarification re 25 Order on Motion for Summary Judgment filed by KRAFT FOODS GLOBAL, INC. (Kaplan, Daniel) Modified on 1/29/2008 (Clark, Erica). (Entered: 01/28/2008)

Jan. 28, 2008

Jan. 28, 2008

33

ORDER granting in part and denying in part 26 Motion for Clarification; granted re: request for clarification and denied re: request for consideration and certification to file interlocutory appeal. Signed by Judge Barbara B Crabb on 1/31/08. (krj) (Entered: 02/04/2008)

Jan. 31, 2008

Jan. 31, 2008

34

MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action by Plaintiffs KATHI SMITH, JASON KNUDTSON, JEFF SPOERLE, NICK LEE. (Kobelt, Kurt) (Entered: 02/08/2008)

Feb. 8, 2008

Feb. 8, 2008

35

BRIEF in Support by Plaintiffs KATHI SMITH, JASON KNUDTSON, JEFF SPOERLE, NICK LEE re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kobelt, Kurt) (Entered: 02/08/2008)

Feb. 8, 2008

Feb. 8, 2008

36

AFFIDAVIT of Kurt C. Kobelt filed by Plaintiffs KATHI SMITH, JASON KNUDTSON, JEFF SPOERLE, NICK LEE and Certificate of Service re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Attachments: # 1 Exhibit 1 − 6 # 2 Certificate of Service regarding Class Certification) (Kobelt, Kurt) (Entered: 02/08/2008)

Feb. 8, 2008

Feb. 8, 2008

Set/Reset Deadlines as to 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action . Brief in Opposition due by 3/7/2008. Brief in Reply due by 3/21/2008. (krj) (Entered: 02/11/2008)

Feb. 11, 2008

Feb. 11, 2008

37

Stipulated MOTION for Protective Order by Defendant KRAFT FOODS GLOBAL, INC..Response due by 2/20/2008. (Kaplan, Daniel) (Entered: 02/13/2008)

Feb. 13, 2008

Feb. 13, 2008

38

MOTION to Strike , For Protective Order, and For Sanctions by Defendant KRAFT FOODS GLOBAL, INC..Response due by 2/26/2008. (Kaplan, Daniel) (Entered: 02/19/2008)

Feb. 19, 2008

Feb. 19, 2008

39

BRIEF in Support by Defendant KRAFT FOODS GLOBAL, INC. re: 38 MOTION to Strike , For Protective Order, and For Sanctions filed by KRAFT FOODS GLOBAL, INC. (Attachments: # 1 Exhibit Unpublished Federal Reporter Cases) (Kaplan, Daniel) (Entered: 02/19/2008)

Feb. 19, 2008

Feb. 19, 2008

40

AFFIDAVIT of Daniel A. Kaplan, Attorney for Kraft Foods Global, Inc. filed by Defendant KRAFT FOODS GLOBAL, INC. In Support of Def. Motion To Strike, For Protective Order, and For Sanctions re: 38 MOTION to Strike , For Protective Order, and For Sanctions filed by KRAFT FOODS GLOBAL, INC. (Attachments: # 1 Exhibit A # 2 Exhibit B # 3 Exhibit C # 4 Exhibit D) (Kaplan, Daniel) (Entered: 02/19/2008)

Feb. 19, 2008

Feb. 19, 2008

41

BRIEF in Opposition by Plaintiffs KATHI SMITH, JASON KNUDTSON, JEFF SPOERLE, NICK LEE re: 38 MOTION to Strike , For Protective Order, and For Sanctions filed by KRAFT FOODS GLOBAL, INC. (Kobelt, Kurt) (Entered: 02/26/2008)

Feb. 26, 2008

Feb. 26, 2008

42

AFFIDAVIT of Kurt C. Kobelt filed by Plaintiffs KATHI SMITH, JASON KNUDTSON, JEFF SPOERLE, NICK LEE re: 38 MOTION to Strike , For Protective Order, and For Sanctions filed by KRAFT FOODS GLOBAL, INC. (Attachments:# 1 Exhibit 1−2 # 2 Certificate of Service) (Kobelt, Kurt) (Entered: 02/26/2008)

Feb. 26, 2008

Feb. 26, 2008

43

** TEXT ONLY ORDER ** Order Granting 37 Stipulated MOTION for Protective Order filed by KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION. Signed by Magistrate Judge Stephen L Crocker on 2/27/08. (krj) (Entered: 02/27/2008)

Feb. 27, 2008

Feb. 27, 2008

44

DISREGARD, DUPLICATE OF DKT. #45 BRIEF in Reply in Support re: 38 MOTION to Strike , For Protective Order, and For Sanctions filed by KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION (Attachments: # 1 Exhibit Opinions not published in a Federal Reporter # 2 Certificate of Service of Defendant's Reply Memorandum of Law in Support of Motion to Strike, for Protective Order, and for Sanctions) (Kaplan, Daniel) Modified on 3/3/2008 (Balderas, Vivian). (Entered: 02/29/2008)

Feb. 29, 2008

Feb. 29, 2008

45

BRIEF in Reply in Support re: 38 MOTION to Strike , For Protective Order, and For Sanctions filed by KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION CORRECTED (Docket 44) (Attachments: # 1 Exhibit Opinions not published in a Federal Reporter # 2 Certificate of Service of Kraft's Reply Memorandum of Law in Support of Motion to Strike, for Protective Order, and for Sanctions) (Kaplan, Daniel) (Entered: 02/29/2008)

Feb. 29, 2008

Feb. 29, 2008

46

MOTION to Strike 45 Brief in Reply, 44 Brief in Reply, by Plaintiffs KATHI SMITH, JASON KNUDTSON, JEFF SPOERLE, NICK LEE.Response due by 3/10/2008. (Attachments: # 1 Exhibit) (Kobelt, Kurt) (Entered: 03/03/2008)

March 3, 2008

March 3, 2008

47

CERTIFICATE OF SERVICE by Plaintiffs KATHI SMITH, JASON KNUDTSON, JEFF SPOERLE, NICK LEE re 46 MOTION to Strike 45 Brief in Reply, 44 Brief in Reply, (Kobelt, Kurt) (Entered: 03/03/2008)

March 3, 2008

March 3, 2008

48

MOTION for Leave to File Reply Memorandum In Support of Motion to Strike, for Protective Order and Sanctions by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION. (Kaplan, Daniel) (Entered: 03/03/2008)

March 3, 2008

March 3, 2008

49

CERTIFICATE OF SERVICE by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION re 48 MOTION for Leave to File Reply Memorandum In Support of Motion to Strike, for Protective Order and Sanctions (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

50

BRIEF in Opposition by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION re: 46 MOTION to Strike 45 Brief in Reply, 44 Brief in Reply, filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Attachments:# 1 Exhibit Exhibit 1) (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

51

CERTIFICATE OF SERVICE by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION re 50 Brief in Opposition, to Plaintiffs' Motion to Strike Kraft's Reply Memorandum (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

52

BRIEF in Opposition by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

53

AFFIDAVIT of Ray Ladell filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION in Support of Kraft's Brief in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

54

AFFIDAVIT of Gregory L. Nealis filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION in Support of Kraft's Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

55

AFFIDAVIT of Daniel A. Kaplan filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION In Support of Kraft's Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Attachments: # 1 Exhibit Kathi Smith Dep. Excerpts # 2 Exhibit Jeff Spoerle Dep. Excerpts # 3 Exhibit Nicholas Lee Dep. Excerpts # 4 Exhibit Jason Knudtson Dep. Excerpts # 5 Exhibit Ex. 15 to Smith Deposition # 6 Exhibit List of Inidividual Declarations filed Contemporaneously # 7 Exhibit Court decisions not found in Federal Reporter) (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

56

AFFIDAVIT of Tracie M. Ade−Galvin filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

57

AFFIDAVIT of Victor Ayala filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

58

AFFIDAVIT of Brenda Babcock filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

59

AFFIDAVIT of Benly Baccam filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

60

AFFIDAVIT of James Buhler filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

61

AFFIDAVIT of Jose Luna Castro filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

62

AFFIDAVIT of Stephen Cigelske filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

63

AFFIDAVIT of Kyle Dahlen filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

64

AFFIDAVIT of Seedy Darboe filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

65

AFFIDAVIT of Maria Degallegos filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON,

March 7, 2008

March 7, 2008

67

AFFIDAVIT of Martin Dorau filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

68

AFFIDAVIT of Adam Falbo filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

69

AFFIDAVIT of Hector Gallegos filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

70

AFFIDAVIT of Joyce Garcia filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

71

AFFIDAVIT of Zia Hakimi filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

72

AFFIDAVIT of Bruce Hanson filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

73

AFFIDAVIT of Sam Hergert filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

74

AFFIDAVIT of Deondra Hilson filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

75

AFFIDAVIT of Amanda Hoerth filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

76

AFFIDAVIT of Jeff Hogg filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

78

AFFIDAVIT of Sue Ann Huston filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

79

AFFIDAVIT of Thomas Jacobson filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

80

AFFIDAVIT of Bubacarr Jallow filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

81

AFFIDAVIT of Jeremy Kast filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

82

AFFIDAVIT of Ronald Kelley filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

83

AFFIDAVIT of Arif Khan filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

84

AFFIDAVIT of Raymond Kuhl filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

85

AFFIDAVIT of Sandra Leitzen filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

86

AFFIDAVIT of Jason Lytle filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

87

AFFIDAVIT of Lynn Mach filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

88

AFFIDAVIT of John Marshall filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

89

AFFIDAVIT of Vladimir Matveev filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

90

AFFIDAVIT of Phillip McConnell filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

91

AFFIDAVIT of Tony Motisi filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

92

AFFIDAVIT of Doua Moua filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

93

AFFIDAVIT of Jeff Parker filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

94

AFFIDAVIT of Thai Pham filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE, 11 Pretrial Conference Order (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

95

AFFIDAVIT of Charlotte Rindy filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

96

AFFIDAVIT of Cindy Rortvedt filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

97

AFFIDAVIT of Rick Sniff filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

98

AFFIDAVIT of Reginald Taylor filed by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION with its Memorandum in Opposition to Pl. re: 34 MOTION to Certify Class of State Law Claims and for Certification of Federal Claims as Collective Action filed by NICK LEE, JASON KNUDTSON, KATHI SMITH, JEFF SPOERLE (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

99

CERTIFICATE OF SERVICE by Defendant KRAFT FOODS GLOBAL, INC., OSCAR MAYER FOODS DIVISION re 72 Affidavit, 78 Affidavit, 64 Affidavit, 98 Affidavit, 88 Affidavit, 85 Affidavit, 52 Brief in Opposition, 58 Affidavit, 94 Affidavit, 75 Affidavit, 92 Affidavit, 89 Affidavit, 71 Affidavit, 84 Affidavit, 90 Affidavit, 55 Affidavit,, 95 Affidavit, 86 Affidavit, 81 Affidavit, 65 Affidavit, 57 Affidavit, 69 Affidavit, 82 Affidavit, 74 Affidavit, 83 Affidavit, 60 Affidavit, 80 Affidavit, 70 Affidavit, 87 Affidavit, 76 Affidavit, 68 Affidavit, 79 Affidavit, 62 Affidavit, 93 Affidavit, 66 Affidavit, 61 Affidavit, 56 Affidavit, 97 Affidavit, 96 Affidavit, 63 Affidavit, 54 Affidavit, 91 Affidavit, 53 Affidavit, 77 Affidavit, 59 Affidavit, (Kaplan, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

Case Details

State / Territory: Wisconsin

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: 2007

Plaintiffs

Plaintiff Description:

All current and former Kraft hourly employees who were not paid for time spent donning and doffing personal protective equipment and walking to and from their work stations.

Plaintiff Type(s):

Private Plaintiff

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Kraft Global Foods, Inc., Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Retaliation Prohibition

Issues

Discrimination Area:

Pay / Benefits