Case: Ndambi v. CoreCivic

1:18-cv-03521 | U.S. District Court for the District of Maryland

Filed Date: Nov. 14, 2018

Closed Date: April 12, 2021

Clearinghouse coding complete

Case Summary

On November 14, 2018, immigrants detained at the Cibola County Correctional Center filed this putative class-action lawsuit in the U.S. District Court for the District of Maryland. (Although the facility in question is located in New Mexico, the operator was organized as a Maryland corporation.) They sued the operator of the facility, CoreCivic, under the Fair Labor Standards Act (29 U.S.C. §§ 201-219), the New Mexico Minimum Wage Act, and the common law doctrine of unjust enrichment. The suit …

On November 14, 2018, immigrants detained at the Cibola County Correctional Center filed this putative class-action lawsuit in the U.S. District Court for the District of Maryland. (Although the facility in question is located in New Mexico, the operator was organized as a Maryland corporation.) They sued the operator of the facility, CoreCivic, under the Fair Labor Standards Act (29 U.S.C. §§ 201-219), the New Mexico Minimum Wage Act, and the common law doctrine of unjust enrichment. The suit alleged that CoreCivic was using immigrant detainees’ labor but paying them less than the federally mandated rate of $7.25 per hour (sometimes as little as $1 per day). Represented by private counsel, they sought to recover underpaid wages and attorneys’ fees and require CoreCivic to treat all current and future Cibola detainees as employees so that they would be entitled to minimum wage. The case was assigned to Judge Richard D. Bennett.

CoreCivic filed a motion to dismiss for failure to state a claim on January 11, 2019, arguing that the plaintiffs’ custodial detention prevented them from assuming an employee/employer relationship. As such, CoreCivic argued, the plaintiffs were not eligible for the minimum wage under the statutes, and the unjust enrichment claim should therefore fail as well.

On February 26, 2019, the plaintiffs filed a motion to conditionally certify a class consisting of "all civilly detained immigrants who performed work for CoreCivic at Cibola through its work program at any time during the period beginning November 14, 2016, and continuing to the date on which notice is issued." The plaintiffs argued that their detention and working conditions at Cibola are sufficient conditions to meet the “similarly-situated” threshold required to file a class action lawsuit.

The district court dismissed the plaintiffs’ claims with prejudice on September 27, 2019. It held that the plaintiffs were not employees of CoreCivic and therefore not entitled to minimum wage. Because CoreCivic was not in violation of any statute, the unjust enrichment claim was also dismissed. 2019 WL 4735428. In light of this dismissal, the court did not reach the issue of class certification. 

The plaintiffs appealed this decision to the Fourth Circuit in October 2019 (USCA No. 19-2207). Briefing was completed in January 2020. Oral argument was rescheduled a number of times due to counsel's unavailability; from the docket it appears the case was eventually decided without oral argument.

The Fourth Circuit affirmed the district court's order on March 5, 2021. Judge J. Harvie Wilkinson III wrote the opinion, which Judges Barbara Milano Keenan and Albert Diaz joined. The court of appeals agreed that the plaintiffs were not "employees" that qualified for FLSA protections because the detainer-detainee relationship is "outside [the] paradigm" of the employer-employee relationship that FLSA governs. This was so, the court found, regardless of the fact that the plaintiffs participated in a voluntary work program involving the transfer of money from detainer to detainee. The court noted that the other circuits who had considered this question –– 10 of them –– had all held that detainees are not FLSA employees. 990 F.3d 369. Subsequently, the Fourth Circuit denied rehearing en banc on April 2, 2021. 

The case is now closed. 

Summary Authors

Justin Hill (9/23/2019)

John Juenemann (3/13/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8218504/parties/ndambi-v-corecivic-inc/


Judge(s)

Bennett, Richard D. (Maryland)

Attorneys(s) for Plaintiff

Blustein, Benjamin Jay (District of Columbia)

Cammarano, Stacy N. (District of Columbia)

Free, Robert Andrew (Tennessee)

Hancock, D. Michael (District of Columbia)

Libman, Robert S (District of Columbia)

Maldonado, Nancy L. (Illinois)

Owens, Matthew J. (Illinois)

Pihos, Deanna (Illinois)

Sellers, Joseph Marc (District of Columbia)

Judge(s)

Bennett, Richard D. (Maryland)

Attorneys(s) for Plaintiff

Blustein, Benjamin Jay (District of Columbia)

Cammarano, Stacy N. (District of Columbia)

Free, Robert Andrew (Tennessee)

Hancock, D. Michael (District of Columbia)

Libman, Robert S (District of Columbia)

Maldonado, Nancy L. (Illinois)

Owens, Matthew J. (Illinois)

Pihos, Deanna (Illinois)

Sellers, Joseph Marc (District of Columbia)

Attorneys(s) for Defendant

Berkowitz, Matthew D. (District of Columbia)

Bernas, K. Maxwell (District of Columbia)

Lee, Jacob B. (Arizona)

Love, Rachel (Arizona)

Maloney, Paul J. (District of Columbia)

Struck, Daniel Patrick (Arizona)

Documents in the Clearinghouse

Document

Docket [PACER]

Ndambi v. CoreCivic, Inc.

Oct. 31, 2019 Docket
1

Complaint

Nov. 14, 2018 Complaint
36

Memorandum of Points and Authorities in Support of Defendant's Motion to Dismiss Complaint

Jan. 11, 2019 Internal memorandum
43

Motion for Conditional Certification

Feb. 26, 2019 Pleading / Motion / Brief
49

Memorandum Order

Ndambi v. Corecivic, Inc.

2019 WL 4735428

Sept. 27, 2019 Order/Opinion
55

[Untitled]

U. S. Court of Appeals for the Fourth Circuit

990 F.3d 369

March 5, 2021 Order/Opinion

Resources

Title Description External URL

Ndambi v. CoreCivic, Inc.

Harvard Law Review

Fourth Circuit Holds That Detained Immigrant Workers Are Not “Employees” Under the Fair Labor Standards Act March 10, 2022 https://harvardlawreview.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8218504/ndambi-v-corecivic-inc/

Last updated May 20, 2022, 5:05 a.m.

ECF Number Description Date Link
1

COMPLAINT against CoreCivic, Inc. ( Filing fee $ 400 receipt number 84637033383.), filed by Desmond Ndambi, Nkemtoh Moses Awombang and Mbah Emmanuel Abi. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Summons, # 5 Civil Cover Sheet)(jf3s, Deputy Clerk) (Additional attachment(s) added on 12/11/2018: # 6 Complaint *scanning issues corrected*) (jf3s, Deputy Clerk). (Entered: 11/16/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Summons

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5 Civil Cover Sheet

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6 Complaint *scanning issues corrected*

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Nov. 14, 2018 RECAP
2

Summons Issued 21 days as to CoreCivic, Inc.(jf3s, Deputy Clerk) (Entered: 11/16/2018)

Nov. 16, 2018 PACER
3

MOTION to Appear Pro Hac Vice for Daniel P. Struck (Filing fee $100, receipt number 0416-7695122.) by CoreCivic, Inc.(Berkowitz, Matthew) (Entered: 11/28/2018)

Nov. 28, 2018 PACER
4

MOTION to Appear Pro Hac Vice for Jacob B. Lee (Filing fee $100, receipt number 0416-7695158.) by CoreCivic, Inc.(Berkowitz, Matthew) (Entered: 11/28/2018)

Nov. 28, 2018 PACER
5

MOTION to Appear Pro Hac Vice for Rachel Love (Filing fee $100, receipt number 0416-7695174.) by CoreCivic, Inc.(Berkowitz, Matthew) (Entered: 11/28/2018)

Nov. 28, 2018 PACER
6

NOTICE of Appearance by Matthew D Berkowitz on behalf of CoreCivic, Inc. (Berkowitz, Matthew) (Entered: 11/28/2018)

Nov. 28, 2018 PACER
7

(FILED IN ERROR) AFFIDAVIT of Service for Summons and Class Action Complaint with Exhibits served on Corecivic, Inc. (Rebecca Gott, Intake Specialist) on 11/21/2018, filed by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi.(Sellers, Joseph) Modified on 11/29/2018 (bmhs, Deputy Clerk). (Entered: 11/29/2018)

Nov. 29, 2018 PACER
8

QC NOTICE: 7 Affidavit of Service filed by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi was filed incorrectly. **Incorrect event was selected. Please refile using the event under Service of Process: Summons Returned Executed. It has been noted as FILED IN ERROR, and the document link has been disabled. (bmhs, Deputy Clerk) (Entered: 11/29/2018)

Nov. 29, 2018 PACER
9

MOTION to Appear Pro Hac Vice for Stacy N. Cammarano (Filing fee $100, receipt number 0416-7699032.) by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi(Sellers, Joseph) (Entered: 11/29/2018)

Nov. 29, 2018 PACER
10

MOTION to Appear Pro Hac Vice for Robert S. Libman (Filing fee $100, receipt number 0416-7699077.) by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi(Sellers, Joseph) (Entered: 11/29/2018)

Nov. 29, 2018 PACER
11

MOTION to Appear Pro Hac Vice for Nancy L. Maldonado (Filing fee $100, receipt number 0416-7699091.) by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi(Sellers, Joseph) (Entered: 11/29/2018)

Nov. 29, 2018 PACER
12

MOTION to Appear Pro Hac Vice for Matthew J. Owens (Filing fee $100, receipt number 0416-7699108.) by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi(Sellers, Joseph) (Entered: 11/29/2018)

Nov. 29, 2018 PACER
13

MOTION to Appear Pro Hac Vice for Michael Hancock (Filing fee $100, receipt number 0416-7699122.) by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi(Sellers, Joseph) (Entered: 11/29/2018)

Nov. 29, 2018 PACER
14

MOTION to Appear Pro Hac Vice for Benjamin J. Blustein (Filing fee $100, receipt number 0416-7699131.) by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi(Sellers, Joseph) (Entered: 11/29/2018)

Nov. 29, 2018 PACER
15

MOTION to Appear Pro Hac Vice for Deanna N. Pihos (Filing fee $100, receipt number 0416-7699145.) by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi(Sellers, Joseph) (Entered: 11/29/2018)

Nov. 29, 2018 PACER
16

SUMMONS Returned Executed by Desmond Ndambi, Nkemtoh Moses Awombang, Mbah Emmanuel Abi. CoreCivic, Inc. served on 11/21/2018, answer due 12/12/2018.(Sellers, Joseph) (Entered: 11/30/2018)

Nov. 30, 2018 PACER
17

PAPERLESS ORDER granting 3 Motion to Appear Pro Hac Vice on behalf of Daniel Struck. Directing attorney Daniel Struck to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/30/2018. (srds, Deputy Clerk) (Entered: 11/30/2018)

Nov. 30, 2018 PACER
18

PAPERLESS ORDER granting 4 Motion to Appear Pro Hac Vice on behalf of Jacob B Lee. Directing attorney Jacob B Lee to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/30/2018. (srds, Deputy Clerk) (Entered: 11/30/2018)

Nov. 30, 2018 PACER
19

PAPERLESS ORDER granting 5 Motion to Appear Pro Hac Vice on behalf of Rachel Love. Directing attorney Rachel Love to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/30/2018. (srds, Deputy Clerk) (Entered: 11/30/2018)

Nov. 30, 2018 PACER
20

PAPERLESS ORDER granting 9 Motion to Appear Pro Hac Vice on behalf of Stacy Cammarano. Directing attorney Stacy Cammarano to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/30/2018. (srds, Deputy Clerk) (Entered: 11/30/2018)

Nov. 30, 2018 PACER
21

PAPERLESS ORDER granting 10 Motion to Appear Pro Hac Vice on behalf of Robert S Libman. Attorney Robert S Libman will receive a separate email with the previously issued CM/ECF login and password. Signed by Clerk on 11/30/2018. (srds, Deputy Clerk) (Entered: 11/30/2018)

Nov. 30, 2018 PACER
22

PAPERLESS ORDER granting 11 Motion to Appear Pro Hac Vice on behalf of Nancy Maldonado. Directing attorney Nancy Maldonado to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/30/2018. (srds, Deputy Clerk) (Entered: 11/30/2018)

Nov. 30, 2018 PACER
23

PAPERLESS ORDER granting 12 Motion to Appear Pro Hac Vice on behalf of Matthew Owens. Directing attorney Matthew Owens to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/30/2018. (srds, Deputy Clerk) (Entered: 11/30/2018)

Nov. 30, 2018 PACER
24

PAPERLESS ORDER granting 13 Motion to Appear Pro Hac Vice on behalf of Michael Hancock. Directing attorney Michael Hancock to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/30/2018. (srds, Deputy Clerk) (Entered: 11/30/2018)

Nov. 30, 2018 PACER
25

PAPERLESS ORDER granting 14 Motion to Appear Pro Hac Vice on behalf of Benjamin Blustein. Directing attorney Benjamin Blustein to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/30/2018. (srds, Deputy Clerk) (Entered: 11/30/2018)

Nov. 30, 2018 PACER
26

PAPERLESS ORDER granting 15 Motion to Appear Pro Hac Vice on behalf of Deanna Pihos. Directing attorney Deanna Pihos to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/30/2018. (srds, Deputy Clerk) (Entered: 11/30/2018)

Nov. 30, 2018 PACER
27

NOTICE by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi of filing Consents to Join Lawsuit of Ivan Chacon Chacon, Prudencio Ramirez and Javier Recinos (Attachments: # 1 Attachment Consents)(Sellers, Joseph) (Entered: 12/06/2018)

1 Attachment Consents

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Dec. 6, 2018 PACER
28

QC NOTICE: 27 Notice (Other) filed by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi was filed incorrectly. **Please add the new plaintiffs (Filers) when prompted. They have been added for you this time but please add them in the future. (bmhs, Deputy Clerk) (Entered: 12/07/2018)

Dec. 7, 2018 PACER
29

Consent MOTION for Extension of Time to File Response/Reply as to 1 Complaint, by CoreCivic, Inc. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Struck, Daniel) (Entered: 12/10/2018)

1 Memorandum in Support

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2 Text of Proposed Order

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Dec. 10, 2018 PACER
30

ORDER granting 29 Motion for Extension of Time. Signed by Judge Richard D. Bennett on 12/11/2018. (bmhs, Deputy Clerk) (Entered: 12/11/2018)

Dec. 11, 2018 PACER
31

(FILED IN ERROR) Local Rule 103.3 Disclosure Statement by CoreCivic, Inc. (Struck, Daniel) Modified on 12/13/2018 (bmhs, Deputy Clerk). (Entered: 12/12/2018)

Dec. 12, 2018 PACER
32

QC NOTICE: 31 Local Rule 103.3 Disclosure Statement filed by CoreCivic, Inc. was filed incorrectly. **The Local Rule 103.3 Disclosure Statement needs to be refiled and the corporate parent and/or affiliations need to be entered when the system prompts you. It has been noted as FILED IN ERROR, and the document link has been disabled. (bmhs, Deputy Clerk) (Entered: 12/13/2018)

Dec. 13, 2018 PACER
33

Local Rule 103.3 Disclosure Statement by CoreCivic, Inc. identifying Other Affiliate ACS Corrections of Texas, LLC, Other Affiliate APM Ltd., Other Affiliate Avalon Corpus Christi Transitional Center, LLC, Other Affiliate Avalon Correctional Services, Inc., Other Affiliate Avalon Transitional Center Dallas, LLC, Other Affiliate Avalon Tulsa, LLC, Other Affiliate Carver Transitional Center, LLC, Other Affiliate CCA Health Services LLC, Other Affiliate CCA International LLC, Other Affiliate CCA South Texas, LLC, Other Affiliate CCA UK Ltd., Other Affiliate CoreCivic Government Solutions LLC, Other Affiliate CoreCivic, LLC, Other Affiliate CoreCivic of Kansas Holdings LLC, Other Affiliate CoreCivic of Kansas LLC, Other Affiliate CoreCivic of Tallahassee, LLC, Other Affiliate CoreCivic of Tennessee LLC, Other Affiliate CoreCivic TRS LLC, Other Affiliate Correctional Alternatives, LLC, Other Affiliate Correctional Mgmt., Inc., Other Affiliate EP Horizon Management LLC, Other Affiliate Fort Worth Transitional Center, LLC, Other Affiliate Green Level Realty, LLC, Other Affiliate National Offender Mgmt. Systems, LLC, Other Affiliate Prison Realty Mgmt., LLC, Other Affiliate Project South, Other Affiliate Rocky Mountain Offender Mgt. Systems, LLC, Other Affiliate Southern Corrections System of Wyoming, LLC, Other Affiliate SSA Baltimore Holdings LLC, Other Affiliate SSA Baltimore LLC, Other Affiliate Technical & Bus Inst. of America LLC, Other Affiliate Time to Change, Inc., Other Affiliate TransCor America LLC, Other Affiliate TransCor Puerto Rico Inc., Other Affiliate Turley Residential Center, LLC for CoreCivic, Inc..(Struck, Daniel) (Entered: 12/13/2018)

Dec. 13, 2018 PACER
34

NOTICE by Honore Otayema Lomenoje, Bokole Umba Dieu Consent to Join Lawsuit (Attachments: # 1 Attachment Dieu, # 2 Attachment Lomenoje)(Sellers, Joseph) (Entered: 12/18/2018)

1 Attachment Dieu

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2 Attachment Lomenoje

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Dec. 18, 2018 PACER
35

NOTICE of Appearance by Kenneth M Bernas on behalf of CoreCivic, Inc. (Bernas, Kenneth) (Entered: 12/18/2018)

Dec. 18, 2018 PACER
36

MOTION to Dismiss for Failure to State a Claim by CoreCivic, Inc. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Struck, Daniel) (Entered: 01/11/2019)

1 Memorandum in Support

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2 Text of Proposed Order

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Jan. 11, 2019 RECAP
37

MOTION for Extension of Time (Unopposed) by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Ivan Chacon Chacon, Bokole Umba Dieu, Honore Otayema Lomenoje, Desmond Ndambi, Prudencio Ramirez, Javier Recinos (Attachments: # 1 Text of Proposed Order)(Sellers, Joseph) (Entered: 01/18/2019)

1 Text of Proposed Order

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Jan. 18, 2019 PACER
38

ORDER granting 37 Unopposed Motion for Extension of Time. Signed by Judge Richard D. Bennett on 1/22/2019. (bmhs, Deputy Clerk) (Entered: 01/22/2019)

Jan. 22, 2019 PACER
39

RESPONSE in Opposition re 36 MOTION to Dismiss for Failure to State a Claim filed by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Sellers, Joseph) (Entered: 02/01/2019)

1 Memorandum in Support

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2 Text of Proposed Order

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Feb. 1, 2019 PACER
40

Consent MOTION for Extension of Time to File Response/Reply as to 36 MOTION to Dismiss for Failure to State a Claim by CoreCivic, Inc.. (Attachments: # 1 Text of Proposed Order)(Struck, Daniel) (Entered: 02/08/2019)

1 Text of Proposed Order

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Feb. 8, 2019 PACER
41

ORDER granting 40 Consent Motion for Extension of Time. Signed by Judge Richard D. Bennett on 2/11/2019. (bmhs, Deputy Clerk) (Entered: 02/12/2019)

Feb. 11, 2019 PACER
42

MOTION to Appear Pro Hac Vice for R. Andrew Free (Filing fee $100, receipt number 0416-7855550.) by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Ivan Chacon Chacon, Bokole Umba Dieu, Honore Otayema Lomenoje, Desmond Ndambi, Prudencio Ramirez, Javier Recinos (Attachments: # 1 Attachment Continuation Page for 2.)(Sellers, Joseph) (Entered: 02/25/2019)

1 Attachment Continuation Page for 2.

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Feb. 25, 2019 PACER
43

MOTION to Certify Class Conditionally and Issuance of Notice by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Text of Proposed Order)(Sellers, Joseph) (Entered: 02/26/2019)

1 Memorandum in Support

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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9 Exhibit

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10 Text of Proposed Order

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Feb. 26, 2019 PACER
44

PAPERLESS ORDER granting 42 Motion to Appear Pro Hac Vice on behalf of R Andrew Free. Directing attorney R Andrew Free to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 2/27/2019. (srd, Deputy Clerk) (Entered: 02/27/2019)

Feb. 27, 2019 PACER
45

REPLY to Response to Motion re 36 MOTION to Dismiss for Failure to State a Claim filed by CoreCivic, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Struck, Daniel) (Entered: 03/08/2019)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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March 8, 2019 PACER
46

RESPONSE in Opposition re 43 MOTION to Certify Class Conditionally and Issuance of Notice filed by CoreCivic, Inc.. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Struck, Daniel) (Entered: 03/12/2019)

1 Memorandum in Support

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2 Text of Proposed Order

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March 12, 2019 PACER
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MOTION for Leave to File Supplemental Opposition to Plaintiffs' Motion for Conditional Certification and Issuance of Notice by CoreCivic, Inc. (Attachments: # 1 Text of Proposed Order)(Struck, Daniel) (Entered: 03/12/2019)

1 Text of Proposed Order

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March 12, 2019 PACER
48

RESPONSE in Support re 43 MOTION to Certify Class Conditionally and Issuance of Notice filed by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi.(Sellers, Joseph) (Entered: 03/26/2019)

March 26, 2019 RECAP
49

MEMORANDUM ORDER GRANTING 36 Motion to Dismiss; DISMISSING w/prejudice 1 Complaint; DENYING AS MOOT 43 Motion for Conditional Certification and Issuance of Notice. Signed by Judge Richard D. Bennett on 9/27/2019. (hmls, Deputy Clerk) (Entered: 09/27/2019)

Sept. 27, 2019 RECAP
50

NOTICE OF APPEAL as to 49 Memorandum and Order, Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Certify Class by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi. Filing fee $ 505, receipt number 0416-8312185.(Libman, Robert) (Entered: 10/25/2019)

Oct. 25, 2019 PACER
51

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 50 Notice of Appeal,. IMPORTANT NOTICE: To access forms which you are required to file with the United States Court of Appeals for the Fourth Circuit please go to http://www.ca4.uscourts.gov and click on Forms & Notices.(ko, Deputy Clerk) (Entered: 10/28/2019)

Oct. 28, 2019 RECAP
52

USCA Case Number 19-2207 for 50 Notice of Appeal, filed by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi. Case Manager - Michael Radday (ko, Deputy Clerk) (Entered: 10/31/2019)

Oct. 31, 2019 PACER
53

NOTICE by CoreCivic, Inc. of Withdrawal of Appearance (Bernas, Kenneth) (Entered: 09/24/2020)

Sept. 24, 2020 RECAP
54

MARGINAL ORDER approving 53 Withdrawal of Appearance of Kenneth Maxwell Bernas. Signed by Judge Richard D. Bennett on 9/24/2020. (bmhs, Deputy Clerk) (Entered: 09/24/2020)

Sept. 24, 2020 RECAP
55

JUDGMENT of USCA affirming the judgment of the District Court as to 50 Notice of Appeal, filed by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi (Attachments: # 1 Opinion, # 2 Notice of Judgment)(ko, Deputy Clerk) (Entered: 03/05/2021)

1 Opinion

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2 Notice of Judgment

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March 5, 2021 RECAP
56

TEMPORARY STAY OF MANDATE of USCA as to 50 Notice of Appeal, filed by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi (ko, Deputy Clerk) (Entered: 03/22/2021)

March 22, 2021 PACER
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ORDER of USCA denying petition for en banc hearing as to 50 Notice of Appeal, filed by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi (ko, Deputy Clerk) (Entered: 04/02/2021)

April 2, 2021 PACER
58

MANDATE of USCA issued as to 50 Notice of Appeal, filed by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi (ko, Deputy Clerk) (Entered: 04/12/2021)

April 12, 2021 RECAP

State / Territory: Maryland

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Immigrant Detention Labor Issues

Key Dates

Filing Date: Nov. 14, 2018

Closing Date: April 12, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three immigrants detained at Cibola County Correctional Center who worked for wages less than the federally-mandated minimum on behalf of a putative class consisting of "all civilly detained immigrants who performed work for CoreCivic at Cibola through its work program at any time during the period beginning November 14, 2016, and continuing to the date on which notice is issued."

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

CoreCivic, Inc. (Nashville, Tennessee), Private Entity/Person

CoreCivic, Inc. (Lutherville Timonium, Baltimore), Private Entity/Person

Defendant Type(s):

Corrections

Case Details

Causes of Action:

State law

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None yet

Issues

Type of Facility:

Non-government for profit

Immigration/Border:

Employment