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Case: Covarrubias v. Capt. Charlie’s Seafood, Inc.

2:10-cv-00010 | U.S. District Court for the Eastern District of North Carolina

Filed Date: March 17, 2010

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On March 17, 2010, women who came from their permanent residence in Mexico to work at a seafood processor in North Carolina pursuant to the guestworker visa program (H-2B), filed this lawsuit in the U.S. District Court for the Eastern District of North Carolina. The plaintiff’s sued their employer Capt. Charlie’s Seafood under the North Carolina Wage and Hour Act (NCWHA), the Fair Labor Standards Act, the North Carolina Equal Employment Practices Act, and Title VII of the Civil Rights Act. Plai…

On March 17, 2010, women who came from their permanent residence in Mexico to work at a seafood processor in North Carolina pursuant to the guestworker visa program (H-2B), filed this lawsuit in the U.S. District Court for the Eastern District of North Carolina. The plaintiff’s sued their employer Capt. Charlie’s Seafood under the North Carolina Wage and Hour Act (NCWHA), the Fair Labor Standards Act, the North Carolina Equal Employment Practices Act, and Title VII of the Civil Rights Act. Plaintiffs sought reimbursement fees they incurred in receiving H-2B visas, as well as monetary relief for sex discrimination in job assignment, allocation of hours, and wrongful discharge. The women were represented by the North Carolina Justice Center and the ACLU Women’s Rights Project.

Capt. Charlie’s Seafood was certified to hire forty-nine workers under the H-2B visa program during 2008 and 2009. Each year, workers paid in excess of $300 in fees to acquire and maintain the visas (visa reciprocity fee, U.S. consulate fee, bordering crossing fee, bus transport from Mexico). At no time did Captain Charlie’s reimburse the plaintiffs for these costs. An employer is required to pay H-2B workers a “prevailing wage” (20 C.F.R. § 655.22(e)) of around $7 per hour. By not receiving reimbursement for the various fees, the plaintiffs claimed that they actually received a “negative wage” for their first week of work. Plaintiffs also alleged that they received fewer hours of work and less desirable jobs within the processing plant because they were women. Further, twenty women were also discharged from the plant.

The Settlement Agreement provides for Capt. Charlie’s to pay each NCWHA Class member $100 for each season in which that class member obtained a new H-2B visa to work for Defendants from March 17, 2008 through the end of 2010. The parties agree that these payments are to be accounted as reimbursement for a portion of the costs they incurred in order to obtain H-2B visas and/or to travel to North Carolina to work for Defendants. The agreement further requires Capt. Charlie’s to pay the difference between what each worker would have made had they been paid the promised wage and what they were actually paid from March 17, 2008 through the end of 2010. These amounts totaled to $18,600. Attorney’s fees were also paid in the amount of $28,000. Additionally, Capt. Charlie’s agreed to pay named plaintiffs Covarrubias, Flores, and Sandoval $2,500 for each alleged violation of Title VII.

The Settlement Agreement also provided for a three-year consent decree in which Capt. Charlie’s would pay the visa and transportation expenses of their H-2B employees, and create and implement an anti-discrimination policy and a gender-neutral policy for assigning jobs.

Summary Authors

Dan Hofman (2/4/2016)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5539444/parties/landeros-covarrubias-v-capt-charlies-seafood-inc/


Judge(s)

Fox, James C. (North Carolina)

Attorneys(s) for Plaintiff

Brooke, Carol (North Carolina)

Foulkes, Risha K. (New York)

Fraser, Clermont L. (North Carolina)

Lapidus, Lenora M. (New Jersey)

Migdal, Ariela M (New York)

Parker, Katherine Lewis (North Carolina)

Ripley, Clermont Fraser (North Carolina)

Attorneys(s) for Defendant

Morgan, James R. Jr. (North Carolina)

Pueschel, John E. (North Carolina)

Judge(s)

Fox, James C. (North Carolina)

Attorneys(s) for Plaintiff

Brooke, Carol (North Carolina)

Foulkes, Risha K. (New York)

Fraser, Clermont L. (North Carolina)

Lapidus, Lenora M. (New Jersey)

Migdal, Ariela M (New York)

Parker, Katherine Lewis (North Carolina)

Ripley, Clermont Fraser (North Carolina)

Attorneys(s) for Defendant

Morgan, James R. Jr. (North Carolina)

Pueschel, John E. (North Carolina)

Documents in the Clearinghouse

Document

2:10-cv-00010

Docket [PACER]

Covarrubias v. Capt. Charlie's Seafood, Inc.

Nov. 7, 2013

Nov. 7, 2013

Docket
1

1:08-cv-02173

Complaint [initial]

Covarrubias v. Capt. Charlie's Seafood, Inc.

March 17, 2010

March 17, 2010

Complaint
58

2:10-cv-00010

Amended complaint

Covarrubias v. Capt. Charlie's Seafood, Inc.

June 28, 2011

June 28, 2011

Complaint
67-1

2:10-cv-00010

Settlement agreement

Covarrubias v. Captain Charlie's Seafood, Inc.

Nov. 16, 2011

Nov. 16, 2011

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5539444/landeros-covarrubias-v-capt-charlies-seafood-inc/

Last updated Sept. 6, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all defendants ( Filing fee $ 350 receipt number RAL012126.), filed by Marlen Landeros Landeros Covarrubias, Sandivel Villanueva Flores, Rita Dorali Curiel Sandoval. (Attachments: # 1 Appendix Civil cover sheet, # 2 Appendix Summons for Def. Capt. Charlie's Seafood, Inc., # 3 Appendix Summons for Def. Carawan, # 4 Appendix Summons for Def. Foreman) (Fraser, Clermont) (Entered: 03/17/2010)

2 Appendix Civil cover sheet

View on PACER

3 Appendix Summons for Def. Capt. Charlie's Seafood, Inc.

View on PACER

4 Appendix Summons for Def. Carawan

View on PACER

5 Appendix Summons for Def. Foreman

View on PACER

March 17, 2010

March 17, 2010

RECAP
2

FINANCIAL DISCLOSURE STATEMENT by Marlen Landeros Landeros Covarrubias (Fraser, Clermont) (Entered: 03/17/2010)

March 17, 2010

March 17, 2010

PACER
3

FINANCIAL DISCLOSURE STATEMENT by Sandivel Villanueva Flores (Fraser, Clermont) (Entered: 03/17/2010)

March 17, 2010

March 17, 2010

PACER
4

FINANCIAL DISCLOSURE STATEMENT by Rita Dorali Curiel Sandoval (Fraser, Clermont) (Entered: 03/17/2010)

March 17, 2010

March 17, 2010

PACER
5

Summons Issued as to Capt. Charlie's Seafood, Inc. (Grady, B.) (Entered: 03/18/2010)

March 18, 2010

March 18, 2010

PACER
6

Summons Issued as to Phillip Carawan. (Grady, B.) (Entered: 03/18/2010)

March 18, 2010

March 18, 2010

PACER
7

Summons Issued as to Tara Foreman. (Grady, B.) (Entered: 03/18/2010)

March 18, 2010

March 18, 2010

PACER

Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/applications/mediators.asp. Please serve this list on all parties. (Beasley, B.)

March 22, 2010

March 22, 2010

PACER
8

PROPOSED ORDER FOR MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Plead by Capt. Charlie's Seafood, Inc.. (Pueschel, John) Modified on 4/7/2010 to correct the docket text (Edwards, S.). (Entered: 04/05/2010)

April 5, 2010

April 5, 2010

PACER
9

First MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Plead by Capt. Charlie's Seafood, Inc.. (Pueschel, John) (Entered: 04/05/2010)

April 5, 2010

April 5, 2010

PACER
10

Proposed Order re 9 First MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Plead to and including 5/4/10 filed by Capt. Charlie's Seafood, Inc.. (Pueschel, John) (Entered: 04/06/2010)

April 6, 2010

April 6, 2010

PACER
11

ORDER granting 9 Motion for Extension of Time to Answer Capt. Charlie's Seafood, Inc. answer due 5/4/2010. Signed by Susan Edwards, Deputy on 4/7/2010. Copies served. (Edwards, S.) (Entered: 04/07/2010)

April 7, 2010

April 7, 2010

PACER

NOTICE OF CORRECTION re: 8 Motion for Extension of Time to File Answer. Counsel inadvertantly docketed this pleading as a motion. It is actually the 'proposed order' to a motion. Case manager will terminate it as a motion and change the docket text to reflect that it is a proposed order. (Edwards, S.)

April 7, 2010

April 7, 2010

PACER
12

SUMMONS Returned Executed by Marlen Landeros Landeros Covarrubias, Sandivel Villanueva Flores, Rita Dorali Curiel Sandoval. Capt. Charlie's Seafood, Inc. served on 3/23/2010, answer due 5/4/2010. (Fraser, Clermont) (Entered: 04/26/2010)

April 26, 2010

April 26, 2010

PACER
13

SUMMONS Returned Executed by Marlen Landeros Landeros Covarrubias, Sandivel Villanueva Flores, Rita Dorali Curiel Sandoval. Phillip Carawan served on 4/7/2010, answer due 4/28/2010. (Fraser, Clermont) (Entered: 04/26/2010)

April 26, 2010

April 26, 2010

PACER
14

SUMMONS Returned Executed by Marlen Landeros Landeros Covarrubias, Sandivel Villanueva Flores, Rita Dorali Curiel Sandoval. Tara Foreman served on 4/7/2010, answer due 4/28/2010. (Fraser, Clermont) (Entered: 04/26/2010)

April 26, 2010

April 26, 2010

PACER
15

First MOTION for Extension of Time to File Answer re 1 Complaint, up to and including May 19, 2010 by Phillip Carawan, Tara Foreman. (Attachments: # 1 Text of Proposed Order for Extension of Time by Defendants Phillip Carawan and Tara Foreman) (Pueschel, John) (Entered: 04/27/2010)

2 Text of Proposed Order for Extension of Time by Defendants Phillip Carawan and T

View on PACER

April 27, 2010

April 27, 2010

PACER
16

ORDER granting 15 Motion for Extension of Time to Answer Phillip Carawan answer due 5/19/2010; Tara Foreman answer due 5/19/2010. Signed by Judge Unassigned on 4/27/2010. Copies served. (Edwards, S.) (Entered: 04/27/2010)

April 27, 2010

April 27, 2010

PACER
17

ANSWER to 1 Complaint with Jury Demand by Capt. Charlie's Seafood, Inc. (Pueschel, John) (Entered: 05/04/2010)

May 4, 2010

May 4, 2010

PACER
18

FINANCIAL DISCLOSURE STATEMENT by Capt. Charlie's Seafood, Inc. There are no corporate parents for this defendant. (Pueschel, John) Modified on 5/5/2010 (Edwards, S.). (Entered: 05/04/2010)

May 4, 2010

May 4, 2010

PACER

NOTICE OF CORRECTION re: 18 Financial Disclosure Statement. After being advised by counsel for defendant Capt. Charlie's Seafood, there are no corporate parents for this defendant and an error was made in the docket text upon e-filing the statement. The case manager has made the necessary correction to the text for counsel. No need to refile anything. (Edwards, S.)

May 5, 2010

May 5, 2010

PACER
19

ANSWER to 1 Complaint, with Jury Demand by Phillip Carawan. (Pueschel, John) (Entered: 05/19/2010)

May 19, 2010

May 19, 2010

PACER
20

ANSWER to 1 Complaint, with Jury Demand by Tara Foreman. (Pueschel, John) (Entered: 05/19/2010)

May 19, 2010

May 19, 2010

PACER
21

FINANCIAL DISCLOSURE STATEMENT by Phillip Carawan. (Pueschel, John) (Entered: 05/19/2010)

May 19, 2010

May 19, 2010

PACER
22

FINANCIAL DISCLOSURE STATEMENT by Tara Foreman. (Pueschel, John) (Entered: 05/19/2010)

May 19, 2010

May 19, 2010

PACER
23

ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Dennis Iavarone, Clerk of Court on 5/19/2010. Copies served. (Edwards, S.) (Entered: 05/19/2010)

May 19, 2010

May 19, 2010

PACER
24

NOTICE of Appearance for non-district by Ariela M. Migdal on behalf of Rita Dorali Curiel Sandoval, Sandivel Villanueva Flores, Marlen Landeros Landeros Covarrubias (Migdal, Ariela) (Entered: 06/10/2010)

June 10, 2010

June 10, 2010

PACER
25

Rule 26(f) Report (joint) by Rita Dorali Curiel Sandoval, Sandivel Villanueva Flores, Marlen Landeros Landeros Covarrubias. (Fraser, Clermont) (Entered: 06/24/2010)

June 24, 2010

June 24, 2010

PACER
26

NOTICE of Appearance for non-district by Risha K. Foulkes on behalf of Rita Dorali Curiel Sandoval, Sandivel Villanueva Flores, Marlen Landeros Landeros Covarrubias (Foulkes, Risha) (Entered: 06/25/2010)

June 25, 2010

June 25, 2010

PACER

Referred the parties proposed discovery plan at 25 to USMJ Gates for an order on scheduling. (Edwards, S.)

June 25, 2010

June 25, 2010

PACER
27

SCHEDULING ORDER: Discovery due by 4/15/2011. Motions due by 6/15/2011. Jury Trial set for this court's 10/3/2011 SESSION at 10:00 AM in Wilmington, NC - Courtroom 1 before Judge James C. Fox. Signed by USMJ James E. Gates on 6/28/2010. (Attachments: # 1 Consent to USMJ Form) (Edwards, S.) (Entered: 06/29/2010)

1 Consent to USMJ Form

View on PACER

June 29, 2010

June 29, 2010

PACER

Pursuant to Local ADR Rule 101.1c(a), counsel is reminded that the parties must file a statement identifying an agreed upon mediator within twenty one (21) days of the entry of the Scheduling Order. If a statement is not timely filed, the Clerk of Court will appoint a mediator from the list of court certified mediators. (Beasley, B.)

July 1, 2010

July 1, 2010

PACER
28

NOTICE of Appearance for non-district by Lenora M. Lapidus on behalf of Rita Dorali Curiel Sandoval, Sandivel Villanueva Flores, Marlen Landeros Landeros Covarrubias (Lapidus, Lenora) (Entered: 07/02/2010)

July 2, 2010

July 2, 2010

PACER
29

SELECTION OF Jonathan R. Harkavy as mediator. (Fraser, Clermont) (Entered: 07/02/2010)

July 2, 2010

July 2, 2010

PACER
30

ORDER Appointing Mediator Jonathan R. Harkavy. Signed by Clerk of Court on 7/14/2010. (Beasley, B.) (Entered: 07/14/2010)

July 14, 2010

July 14, 2010

PACER
31

NOTICE of Appearance by James R. Morgan, Jr on behalf of Capt. Charlie's Seafood, Inc., Phillip Carawan, Tara Foreman (Morgan, James) (Entered: 08/04/2010)

Aug. 4, 2010

Aug. 4, 2010

PACER
32

MOTION for Conditional Certification of a Collective Action, For Disclosure of Contact Information for Potention Opt-In Plaintiffs, and to Distribute Court-Approved Notice Pursuant to 29 U.S.C. 216(B) by Rita Dorali Curiel Sandoval, Sandivel Villanueva Flores, Marlen Landeros Landeros Covarrubias. (Attachments: # 1 Text of Proposed Order, # 2 Appendix No. 1, Proposed Notice, # 3 Appendix No. 2, Proposed Consent Form) (Fraser, Clermont). (Entered: 08/06/2010)

1 Text of Proposed Order Proposed 216b Order

View on PACER

2 Appendix No. 1, Proposed Notice

View on PACER

3 Appendix No. 2, Proposed Consent Form

View on PACER

Aug. 6, 2010

Aug. 6, 2010

PACER
33

Memorandum in Support of Plaintiffs' Motion for Conditional Certification of a Collective Action, For Disclosure of Contact Information For Potention Opt-In Plaintiffs, and to Distribute Court-Approved Notice Pursuant to 29 U.S.C. 216(B) filed by Rita Dorali Curiel Sandoval, Sandivel Villanueva Flores, Marlen Landeros Landeros Covarrubias. (Attachments: # 1 Exhibit A, Clearance Order, # 2 Exhibit B, Landeros Covarrubias Declaration, # 3 Exhibit C, Flores Declaration, # 4 Exhibit D, Curiel Sandoval Declaration, # 5 Appendix Jimenez Orozco v. Baker Roofing, # 6 Appendix Williams Seafood Order, # 7 Appendix Frog Island Seafood Order, # 8 Appendix Sea Safari Order, # 9 Appendix Sharer v. Tandberg, # 10 Appendix Williams Seafood Order 2) (Fraser, Clermont). (Entered: 08/06/2010)

1 Exhibit A, Clearance Order

View on PACER

2 Exhibit B, Landeros Covarrubias Dec.

View on PACER

3 Exhibit C, Flores Dec.

View on PACER

4 Exhibit D, Curiel Sandoval Dec.

View on PACER

5 Appendix Jimenez Orozco v. Baker Roofing

View on PACER

6 Appendix Williams Seafood Order

View on PACER

7 Appendix Frog Island Seafood Order

View on PACER

8 Appendix Sea Safari Order

View on PACER

9 Appendix Sharer v. Tandberg

View on PACER

10 Appendix Williams Seafood Order 2

View on PACER

Aug. 6, 2010

Aug. 6, 2010

PACER
34

MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Certify Class Conditional Certification of Collective Action by Capt. Charlie's Seafood, Inc., Phillip Carawan, Tara Foreman. (Attachments: # 1 Text of Proposed Order) (Pueschel, John) (Entered: 08/25/2010)

1 Text of Proposed Order

View on PACER

Aug. 25, 2010

Aug. 25, 2010

PACER

Motion Submitted to Senior Judge Fox: 34 MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Certify Class Conditional Certification of Collective Action (Edwards, S.)

Aug. 26, 2010

Aug. 26, 2010

PACER
35

ORDER granting 34 Motion for Extension of Time to File Response to 32 MOTION for Conditional Certification of Collective Action. Responses due by 9/25/2010. Signed by Senior Judge James C. Fox on 8/27/2010. (Foell, S.) (Entered: 08/27/2010)

Aug. 27, 2010

Aug. 27, 2010

PACER
36

Second MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Certify Class Conditional Certification of Collective Action by Capt. Charlie's Seafood, Inc., Phillip Carawan, Tara Foreman. (Attachments: # 1 Text of Proposed Order) (Pueschel, John) (Entered: 09/23/2010)

1 Text of Proposed Order

View on PACER

Sept. 23, 2010

Sept. 23, 2010

PACER
37

ORDER granting 36 Motion for Extension of Time to File Response to 32 MOTION to Certify Class Conditional Certification of Collective Action. Responses due by 10/25/2010. Signed by Senior Judge James C. Fox on 9/24/2010. (Foell, S.) (Entered: 09/24/2010)

Sept. 24, 2010

Sept. 24, 2010

PACER

Motion Submitted to Judge Fox: 36 Second MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Certify Class Conditional Certification of Collective Action Second MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Certify Class Conditional Certification of Collective Action (Foell, S.).

Sept. 24, 2010

Sept. 24, 2010

PACER
38

MOTION to Withdraw as Attorney by Rita Dorali Curiel Sandoval, Sandivel Villanueva Flores, Marlen Landeros Landeros Covarrubias. (Attachments: # 1 Text of Proposed Order) (Foulkes, Risha). (Entered: 09/27/2010)

1 Text of Proposed Order Proposed Order

View on PACER

Sept. 27, 2010

Sept. 27, 2010

PACER

NOTICE TO COUNSEL re: 38 Motion to Withdraw as Attorney. Local Rule Counsel's signature block is not complete pursuant to Section J of the CM/ECF Policy and Procedure Manual which may be obtained on the court's website at www.nced.uscourts.gov. All future documents must comply with this rule. No need to refile anything at this time. (Edwards, S.)

Sept. 28, 2010

Sept. 28, 2010

PACER
39

Third MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Certify Class Conditional Certification of Collective Action by Capt. Charlie's Seafood, Inc., Phillip Carawan, Tara Foreman. (Attachments: # 1 Text of Proposed Order) (Pueschel, John) (Entered: 10/25/2010)

1 Text of Proposed Order

View on PACER

Oct. 25, 2010

Oct. 25, 2010

PACER

Motions Submitted to Senior Judge Fox: 38 MOTION to Withdraw as Attorney, 39 Third MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Certify Class Conditional Certification of Collective Action (Edwards, S.)

Oct. 26, 2010

Oct. 26, 2010

PACER
40

ORDER granting 38 Motion to Withdraw as Attorney. Attorney Risha K. Foulkes terminated. Signed by Senior Judge James C. Fox on 10/27/2010. Copies served. (Edwards, S.) (Entered: 10/27/2010)

Oct. 27, 2010

Oct. 27, 2010

PACER
41

ORDER granting 39 Motion for Extension of Time to File Response/Reply re 32 MOTION to Certify Class Conditional Certification of Collective Action. Responses due by 11/24/2010. Signed by Senior Judge James C. Fox on 10/27/2010. Copies served. (Edwards, S.) (Entered: 10/27/2010)

Oct. 27, 2010

Oct. 27, 2010

PACER
42

Joint MOTION for Extension of Time to File Defendants' Response to Plaintiffs' Motion for Conditional Certification by Capt. Charlie's Seafood, Inc., Phillip Carawan, Rita Dorali Curiel Sandoval, Sandivel Villanueva Flores, Tara Foreman, Marlen Landeros Landeros Covarrubias. (Attachments: # 1 Text of Proposed Order) (Pueschel, John) (Entered: 11/24/2010)

Nov. 24, 2010

Nov. 24, 2010

PACER

Motions Submitted to Judge Fox: 42 Joint MOTION for Extension of Time to File Defendants' Response to Plaintiffs' Motion for Conditional Certification (Foell, S.)

Nov. 24, 2010

Nov. 24, 2010

PACER
43

ORDER granting 42 Motion for Extension of Time to File a Response. IT IS HEREBY ORDERED that Defendants shall have up to and including January 8, 2011, to respond to Plaintiffs' Motion. Signed by Senior Judge James C. Fox on 11/29/2010. Copies served. (Edwards, S.) (Entered: 11/29/2010)

Nov. 29, 2010

Nov. 29, 2010

PACER
44

FOURTH MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Certify Class Conditional Certification of Collective Action by Capt. Charlie's Seafood, Inc., Phillip Carawan, Tara Foreman. (Attachments: # 1 Text of Proposed Order) (Pueschel, John) Modified on 1/10/2011 to include the Fourth Motion (Edwards, S.). (Entered: 01/10/2011)

Jan. 10, 2011

Jan. 10, 2011

PACER

Motion Submitted Senior Judge Fox: 44 MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Certify Class Conditional Certification of Collective Action (Edwards, S.)

Jan. 10, 2011

Jan. 10, 2011

PACER

Received verbal consent by opposing counsel to the motion at 44 . Will advise chambers. (Edwards, S.)

Jan. 12, 2011

Jan. 12, 2011

PACER
45

ORDER granting 44 Fourth Motion for Extension of Time to File Response/Reply. Response now due by 2/7/2011. Signed by Senior Judge James C. Fox on 1/13/2011. Copies served. (Edwards, S.) (Entered: 01/13/2011)

Jan. 13, 2011

Jan. 13, 2011

PACER
46

FIFTH MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Certify Class Conditional Certification of Collective Action by Capt. Charlie's Seafood, Inc., Phillip Carawan, Rita Dorali Curiel Sandoval, Sandivel Villanueva Flores, Tara Foreman, Marlen Landeros Landeros Covarrubias. (Attachments: # 1 Text of Proposed Order) (Pueschel, John) Modified on 2/8/2011 to include that this is the fifth request (Edwards, S.). (Entered: 02/07/2011)

Feb. 7, 2011

Feb. 7, 2011

PACER
47

ORDER granting 46 Motion for Extension of Time to File Response/Reply re 32 MOTION to Certify Class Conditional Certification of Collective Action. Response due by 3/9/2011. Signed by Senior Judge James C. Fox on 2/8/2011. Copies served. (Edwards, S.) (Entered: 02/08/2011)

Feb. 8, 2011

Feb. 8, 2011

PACER

Motion Submitted to Senior Judge Fox: 46 MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Certify Class Conditional Certification of Collective Action. (Edwards, S.)

Feb. 8, 2011

Feb. 8, 2011

PACER
48

Joint MOTION to hold in abeyance the deadline established by the Court's February 7, 2011 Order by Rita Dorali Curiel Sandoval, Sandivel Villanueva Flores, Marlen Landeros Landeros Covarrubias. (Attachments: # 1 Text of Proposed Order Proposed order) (Fraser, Clermont) (Entered: 03/09/2011)

March 9, 2011

March 9, 2011

PACER

Motion Submitted to Senior Judge Fox: 48 Joint MOTION to hold in abeyance the deadline established by the Court's February 7, 2011 Order. (Edwards, S.)

March 9, 2011

March 9, 2011

PACER
49

ORDER denying 48 Motion Hold in Abeyance the deadline of 3/9/2011. Counsel should read the order in its entirety for critical deadlines and instructions. Signed by Senior Judge James C. Fox on 3/10/2011. Copies served. (Edwards, S.) (Entered: 03/10/2011)

March 10, 2011

March 10, 2011

RECAP

Submitted a copy of the parties Report of Mediator at 50 to Senior Judge Fox for his review. (Edwards, S.)

March 15, 2011

March 15, 2011

PACER
51

First MOTION to Amend/Correct Complaint by Rita Dorali Curiel Sandoval, Sandivel Villanueva Flores, Marlen Landeros Landeros Covarrubias. (Attachments: # 1 Text of Proposed Order, # 2 First Amended Complaint) (Fraser, Clermont) (Entered: 06/13/2011)

June 13, 2011

June 13, 2011

PACER
52

Joint MOTION to Certify Class by Rita Dorali Curiel Sandoval, Sandivel Villanueva Flores, Marlen Landeros Landeros Covarrubias. (Fraser, Clermont) (Entered: 06/13/2011)

June 13, 2011

June 13, 2011

PACER
53

Memorandum in Support re 52 Joint MOTION to Certify Class filed by Rita Dorali Curiel Sandoval, Sandivel Villanueva Flores, Marlen Landeros Landeros Covarrubias. (Attachments: # 1 Exhibit No 1, Hernandez-Garcia Order, # 2 Exhibit No 2, Decl. of C. Fraser, # 3 Exhibit No. 3 Decl. of C. Brooke, # 4 Exhibit No. 4 Decl. of A. Migdal, # 5 Exhibit No. 5 Decl. of L. Lapidus, # 6 Appendix Gaxiola v. Williams Seafood) (Fraser, Clermont) (Entered: 06/13/2011)

June 13, 2011

June 13, 2011

PACER
54

Joint MOTION for Settlement Approval by Rita Dorali Curiel Sandoval, Sandivel Villanueva Flores, Marlen Landeros Landeros Covarrubias. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit No 1, Settlement Agreement) (Fraser, Clermont) (Entered: 06/13/2011)

June 13, 2011

June 13, 2011

PACER
55

Memorandum in Support re 54 Joint MOTION for Settlement Approval filed by Rita Dorali Curiel Sandoval, Sandivel Villanueva Flores, Marlen Landeros Landeros Covarrubias. (Attachments: # 1 Exhibit No 1, Decl of C. Fraser, # 2 Appendix Deloach v. Phillip Morris, # 3 Appendix Gaxiola v. Williams Seafood) (Fraser, Clermont) (Entered: 06/13/2011)

June 13, 2011

June 13, 2011

PACER

Motions Submitted to Senior Judge James C. Fox: 52 Joint MOTION to Certify Class, 51 First MOTION to Amend/Correct Complaint, 54 Joint MOTION for Settlement Approval. (Edwards, S.)

June 14, 2011

June 14, 2011

PACER

Motion Submitted to Senior Judge James C. Fox: 32 MOTION to Certify Class Conditional Certification of Collective Action. (Edwards, S.)

June 21, 2011

June 21, 2011

PACER
56

NOTICE of Filing Corrected Documents by Rita Dorali Curiel Sandoval, Sandivel Villanueva Flores, Marlen Landeros Landeros Covarrubias re 51 First MOTION to Amend/Correct Complaint, 54 Joint MOTION for Settlement Approval (Attachments: # 1 Appendix Replaces Ex. 1 to Doc. 51, # 2 Appendix Replaces Ex. 1 to Doc. 54) (Fraser, Clermont) (Entered: 06/27/2011)

June 27, 2011

June 27, 2011

PACER
57

ORDER granting 51 Motion to Amend Complaint. It is therefore ordered that the plaintiffs may file an amended complaint in this matter. Signed by Senior Judge James C. Fox on 6/28/2011. (Foell, S.) (Entered: 06/28/2011)

June 28, 2011

June 28, 2011

PACER
58

AMENDED COMPLAINT against All Defendants, filed by Marlen Landeros Landeros Covarrubias, Rita Dorali Curiel Sandoval, Sandivel Villanueva Flores. (Fraser, Clermont) (Entered: 06/28/2011)

June 28, 2011

June 28, 2011

PACER
59

Joint MOTION Approval of Class Notice by Rita Dorali Curiel Sandoval, Sandivel Villanueva Flores, Marlen Landeros Landeros Covarrubias. (Attachments: # 1 Appendix Proposed Class Notice, # 2 Text of Proposed Order Proposed Order) (Fraser, Clermont) (Entered: 07/01/2011)

July 1, 2011

July 1, 2011

PACER

Motion Submitted to Judge Fox: 59 Joint MOTION to Approve Class Action. (Foell, S.)

July 1, 2011

July 1, 2011

PACER
60

ORDER granting 54 Motion for Settlement. Counsel is reminded to read the order in its entirety for critical deadlines and instructions. Signed by Senior Judge James C. Fox on 7/5/2011. (Edwards, S.) (Entered: 07/06/2011)

July 6, 2011

July 6, 2011

PACER
61

ORDER granting 52 Motion to Certify Class. Counsel is reminded to read the order in its entirety for critical deadlines and instructions. Signed by Senior Judge James C. Fox on 7/5/2011. (Edwards, S.) (Entered: 07/06/2011)

July 6, 2011

July 6, 2011

RECAP
62

ORDER Approving Content of Notice of Class and Subclass Members and Method of Distribution of Class Notice. Counsel is reminded to read the order in its entirety for critical deadlines and instructions. Signed by Senior Judge James C. Fox on 7/5/2011. (Edwards, S.) (Entered: 07/06/2011)

July 6, 2011

July 6, 2011

PACER
63

ORDER granting 59 Motion Approval of Class Notice. Counsel is reminded to read the order in its entirety for critical deadlines and instructions. Signed by Senior Judge James C. Fox on 7/8/2011. (Edwards, S.) (Edwards, S.). (Entered: 07/08/2011)

July 8, 2011

July 8, 2011

PACER
64

NOTICE of Hearing: Fairness Hearing set before Senior Judge James C. Fox on 11/21/2011 at 10:00 a.m. in Wilmington, NC. (Edwards, S.) (Entered: 07/08/2011)

July 8, 2011

July 8, 2011

PACER
65

AMENDED NOTICE of Hearing: Settlement Class Fairness Hearing set before Senior Judge James C. Fox on 11/21/2011 at 10:00 a.m. in Wilmington, NC. (Edwards, S.) (Entered: 07/08/2011)

July 8, 2011

July 8, 2011

PACER
66

JOINT MOTION for Final Settlement by Capt. Charlie's Seafood, Inc., Phillip Carawan, Rita Dorali Curiel Sandoval, Sandivel Villanueva Flores, Tara Foreman, Marlen Landeros Landeros Covarrubias. (Attachments: # 1 Text of Proposed Order) (Edwards, S.) (Entered: 11/18/2011)

Nov. 16, 2011

Nov. 16, 2011

PACER
67

Memorandum in Support re 66 MOTION for Final Settlement filed by Capt. Charlie's Seafood, Inc., Phillip Carawan, Rita Dorali Curiel Sandoval, Sandivel Villanueva Flores, Tara Foreman, Marlen Landeros Landeros Covarrubias. (Attachments: # 1 Exhibit 1 - Settlement Agreement and Release, # 2 Exhibit 2 - Declaration of Clermont Fraser, # 3 Exhibit 3 - Letters from Individuals in regards to the lawsuit) (Edwards, S.) (Entered: 11/18/2011)

Nov. 16, 2011

Nov. 16, 2011

PACER

Motion No Longer Referred to Dennis P. Iavarone, Clerk: 66 MOTION for Settlement. (Edwards, S.)

Nov. 18, 2011

Nov. 18, 2011

PACER

MOTION REFERRED to Dennis P. Iavarone, Clerk of Court: 66 MOTION for Final Settlement. (Edwards, S.)

Nov. 18, 2011

Nov. 18, 2011

PACER

COUNSEL DISREGARD THE ENTRY made in this matter on this date in regards to Motion at 66 being referred to Dennis P. Iavarone as it was inadvertantly entered in this case. The motion at 66 was correctly submitted to Senior Judge James C. Fox. (Edwards, S.)

Nov. 18, 2011

Nov. 18, 2011

PACER

Motion Submitted to Senior Judge James C. Fox: 66 MOTION for Final Settlement. (Edwards, S.)

Nov. 18, 2011

Nov. 18, 2011

PACER
68

Minute Entry for proceedings held before Senior Judge James C. Fox in Wilmington: Settlement Class Fairness Hearing held on 11/21/2011. Counsel present for plaintiffs and defendants. The court approves the settlement between the parties. (Court Reporter - Stacy Schwinn) (Foell, S.) (Entered: 11/21/2011)

Nov. 21, 2011

Nov. 21, 2011

PACER
69

ORDER granting 66 Final Approval of Class Action Settlement. Signed by Senior Judge James C. Fox on 11/21/2011. (Foell, S.) (Entered: 11/21/2011)

Nov. 21, 2011

Nov. 21, 2011

RECAP
70

NOTICE by Rita Dorali Curiel Sandoval, Sandivel Villanueva Flores, Marlen Landeros Landeros Covarrubias filing Consent Decree (Attachments: # 1 Appendix Consent Decree) (Fraser, Clermont) (Entered: 12/21/2011)

Dec. 21, 2011

Dec. 21, 2011

PACER
71

Consent Decree. Counsel is reminded to read the Decree in its entirety for critical information and deadlines. Signed by Senior Judge James C. Fox on 12/22/2011. (Edwards, S.) (Entered: 12/22/2011)

Dec. 22, 2011

Dec. 22, 2011

PACER

Submitted the Notice of Filing proposed Consent Decree at 70 to Senior Judge James C. Fox for his review and consideration. (Edwards, S.)

Dec. 22, 2011

Dec. 22, 2011

PACER
72

NOTICE of Voluntary Dismissal by Rita Dorali Curiel Sandoval, Sandivel Villanueva Flores, Marlen Landeros Landeros Covarrubias (Fraser, Clermont) (Entered: 01/04/2012)

Jan. 4, 2012

Jan. 4, 2012

RECAP

Submitted a copy of the Notice of Voluntary Dismissal at 72 to Senior Judge James C. Fox. (Edwards, S.)

Jan. 5, 2012

Jan. 5, 2012

PACER
73

Joint MOTION for Extension of Time to Make Cy Pres Award by Rita Dorali Curiel Sandoval, Sandivel Villanueva Flores, Marlen Landeros Landeros Covarrubias. (Attachments: # 1 Text of Proposed Order) (Ripley, Clermont) (Entered: 11/06/2013)

Nov. 6, 2013

Nov. 6, 2013

PACER

Motion Submitted to Senior Judge James C. Fox: 73 Joint MOTION for Extension of Time to Make Cy Pres Award. (Edwards, S.)

Nov. 6, 2013

Nov. 6, 2013

PACER
74

ORDER granting 73 Motion for Extension of Time. Class Counsel shall have up to and including May 21, 2014 to locate and distribute settlement payments to class members as outlined in the Settlement Agreement at 69 . Signed by Senior Judge James C. Fox on 11/7/2013. (Edwards, S.) (Entered: 11/07/2013)

Nov. 7, 2013

Nov. 7, 2013

PACER

Case Details

State / Territory: North Carolina

Case Type(s):

Equal Employment

Labor Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 17, 2010

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Women coming from Mexico who were employed by Capt. Charlie's Seafood in North Carolina under the guestworker visa program (H-2B).

Attorney Organizations:

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Capt. Charlie's Seafood, Inc. (Engelhard, NC), Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $18,618

Order Duration: 2011 - 2014

Content of Injunction:

Develop anti-discrimination policy

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Pay / Benefits

Discrimination-basis:

Immigration status

Sex discrimination

Affected Gender:

Female

Language:

Spanish

National Origin/Ethnicity:

Hispanic