Case: Hernandez v. Patricio

Legal Defense Fund

COMPLAINT against All Defendants, filed by Cristhian Zuniga Hernandez, Luis Alfonso Palmill Lopez, Ramon Rodriguez Mendez. Fee paid: Receipt # AGASDC-3558602, $402. (Attachments: # 1 Exhibit 1 - 1-A to 1-H, # 2 Exhibit 2 - Indictment, # 3 Exhibit 3 - 2020 Job Order, # 4 Exhibit 4 - 2021 Job Order, # 5 Civil Cover Sheet)(ca) Modified on 4/10/2023 (kjm). (Entered: 04/06/2023)

1 Exhibit 1 - 1-A to 1-H

View on RECAP

2 Exhibit 2 - Indictment

View on RECAP

3 Exhibit 3 - 2020 Job Order

View on RECAP

4 Exhibit 4 - 2021 Job Order

View on RECAP

5 Civil Cover Sheet

View on RECAP

RULE 26(f) ORDER. Signed by Magistrate Judge Benjamin W. Cheesbro on 4/6/2023. (ca) (Entered: 04/06/2023)

Summons Issued as to MBR Farms, Inc., Maria Leticia Patricio, Enrique Duque Tovar, Jose Carmen Duque Tovar. (ca) (Entered: 04/06/2023)

NOTICE of Filing Deficiency re 1 Complaint. After 14 days a notice of noncompliance will be submitted to a judicial officer for possible sanctions, to include dismissal. Set Deadlines: Compliance due by 4/20/2023. (ca) (Entered: 04/06/2023)

Corporate Disclosure Statement (LR 7.1.1) by Cristhian Zuniga Hernandez, Luis Alfonso Palmillas Lopez, Ramon Rodriguez Mendez. (Werner, Daniel) (Entered: 04/06/2023)

MOTION for Leave to Appear Pro Hac Vice (Charlie Wang) Receipt Number AGASDC-3560212, Fee Amount $200, by Cristhian Zuniga Hernandez, Luis Alfonso Palmillas Lopez, Ramon Rodriguez Mendez. Responses due by 4/21/2023. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Werner, Daniel) (Entered: 04/07/2023)

MOTION for Leave to Appear Pro Hac Vice (Dana B. Mehlman) Receipt Number AGASDC-3560225, Fee Amount $200, by Cristhian Zuniga Hernandez, Luis Alfonso Palmillas Lopez, Ramon Rodriguez Mendez. Responses due by 4/21/2023. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Werner, Daniel) (Entered: 04/07/2023)

NOTICE of Filing Deficiency re: 6 MOTION for Leave to Appear Pro Hac Vice (Charlie Wang), and 7 MOTION for Leave to Appear Pro Hac Vice (Dana B. Mehlman). After 14 days a notice of noncompliance will be submitted to a judicial officer for possible sanctions, to include dismissal. Compliance due by 4/24/2023. (csr) (Entered: 04/10/2023)

NOTICE of Filing by Cristhian Zuniga Hernandez, Luis Alfonso Palmillas Lopez, Ramon Rodriguez Mendez of Consent to Join Under the Fair Labor Standards Act (Jorge Lara Baldazo) (Attachments: # 1 FLSA Notice of Consent to Sue (Jorge Lara Baldazo))(Werner, Daniel) (Entered: 04/11/2023)

1 FLSA Notice of Consent to Sue (Jorge Lara Baldazo)

View on RECAP

TEXT ORDER granting 6 MOTION for Leave to Appear Pro Hac Vice by Charlie Wang. Daniel Werner has entered an appearance in this case and vouches he will satisfy the obligations of local counsel, as this Court's Local Rule 83.4 requires. Signed by Magistrate Judge Benjamin W. Cheesbro on April 12, 2023. (edd) (Entered: 04/12/2023)

TEXT ORDER granting 7 MOTION for Leave to Appear Pro Hac Vice by Dana Mehlman. Daniel Werner has entered an appearance in this case and vouches he will satisfy the obligations of local counsel, as this Court's Local Rule 83.4 requires. Signed by Magistrate Judge Benjamin W. Cheesbro on April 12, 2023. (edd) (Entered: 04/12/2023)

REMARK Plaintiffs' RICO Case Statement. (Wang, Charlie) (Entered: 04/24/2023)

WAIVER OF SERVICE Returned Executed by Cristhian Zuniga Hernandez, Luis Alfonso Palmillas Lopez, Ramon Rodriguez Mendez. MBR Farms, Inc. waiver sent on 5/4/2023, answer due 7/3/2023. (Wang, Charlie) (Entered: 05/04/2023)

Summons Submitted (Wang, Charlie) (Entered: 06/27/2023)

Summons Issued as to Enrique Duque Tovar. (thb) (Entered: 06/27/2023)

ANSWER to Complaint by MBR Farms, Inc..(Gilbert, Mark) (Entered: 06/30/2023)

Corporate Disclosure Statement (LR 7.1.1) by MBR Farms, Inc.. (Gilbert, Mark) (Entered: 06/30/2023)

First MOTION for Extension of Time to Plaintiffs' Motion to File Class Certification, by Cristhian Zuniga Hernandez, Luis Alfonso Palmillas Lopez, Ramon Rodriguez Mendez. Responses due by 7/14/2023. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion to Extend Time to File Class Certification)(Wang, Charlie) (Entered: 06/30/2023)

Motions Referred

MOTIONS REFERRED: 18 First MOTION for Extension of Time to Plaintiffs' Motion to File Class Certification. (thb)

First MOTION for Extension of Time to Serve Process on Defendants Maria Leticia Patricio, Enrique Duque Tovar, and Jose Carm Duque Tovar, by Cristhian Zuniga Hernandez, Luis Alfonso Palmillas Lopez, Ramon Rodriguez Mendez. Responses due by 7/19/2023. (Attachments: # 1 Affidavit CYW Declaration iso Mtn, # 2 Exhibit Ex. A to CYW Declaration, # 3 Text of Proposed Order Proposed Order Granting Mtn to Extend)(Wang, Charlie) (Entered: 07/05/2023)

Motions Referred

MOTIONS REFERRED: 19 First MOTION for Extension of Time to Serve Process on Defendants Maria Leticia Patricio, Enrique Duque Tovar, and Jose Carm Duque Tovar. (csr)

AFFIDAVIT in Support re 19 First MOTION for Extension of Time to Serve Process on Defendants Maria Leticia Patricio, Enrique Duque Tovar, and Jose Carm Duque Tovar, filed by Cristhian Zuniga Hernandez, Luis Alfonso Palmillas Lopez, Ramon Rodriguez Mendez. (Attachments: # 1 Exhibit Ex. A to CYW Declaration ISO Mtn to Extend SOP)(Wang, Charlie) (Entered: 07/07/2023)

1 Exhibit Ex. A to CYW Declaration ISO Mtn to Extend SOP

View on PACER

SUMMONS Returned Executed by Cristhian Zuniga Hernandez, Luis Alfonso Palmillas Lopez, Ramon Rodriguez Mendez. Enrique Duque Tovar served on 7/6/2023, answer due 7/27/2023. (Wang, Charlie) (Entered: 07/07/2023)

ORDER granting in part re 19 Motion for Extension of Time to Serve Process on Defendants Maria Leticia Patricio, Enrique Duque Tovar, and Jose Carm Duque Tovar. Plaintiffs must serve all Defendants on or before October 10, 2023. Signed by Magistrate Judge Benjamin W. Cheesbro on 7/12/23. (loh) (Entered: 07/12/2023)

Set/Reset Deadlines

Set/Reset Deadline: Compliance re 22 Order due by 10/10/2023. (loh)

TEXT ORDER granting 18 Plaintiffs' Motion for Extension to File Motion for Class Certification. Plaintiffs shall file their desired motion for class certification within 60 days of the close of written discovery. Signed by Magistrate Judge Benjamin W. Cheesbro on July 17, 2023. (edd) (Entered: 07/17/2023)

Joint MOTION for Extension of Time to Hold 26(f) Conference, by Cristhian Zuniga Hernandez, Luis Alfonso Palmillas Lopez, Ramon Rodriguez Mendez. Responses due by 8/7/2023. (Attachments: # 1 Text of Proposed Order)(Wang, Charlie) (Entered: 07/24/2023)

Motions Referred

MOTIONS REFERRED: 24 Joint MOTION for Extension of Time to Hold 26(f) Conference. (csr)

Consent MOTION for Extension of Time to File Answer by Enrique Duque Tovar. Responses due by 8/8/2023. (Miller, James) (Entered: 07/25/2023)

Motions Referred

MOTIONS REFERRED: 25 Consent MOTION for Extension of Time to File Answer. (thb)

TEXT ORDER granting 25 Consent Motion for Extension of Time. Defendant Enrique Tovar shall file his desired responsive pleading on or before August 4, 2023. The Court directs the Clerk of Court to amend this deadline upon the record and docket of this case. Signed by Magistrate Judge Benjamin W. Cheesbro on July 27, 2023. (edd) (Entered: 07/27/2023)

Set/Reset Deadlines

Set/Reset Deadlines: Enrique Duque Tovar answer due 8/4/2023. (pts)

ORDER granting the parties' 24 Motion to extend the time to conduct a Rule 26(f) conference up to and including October 24, 2023. Signed by Magistrate Judge Benjamin W. Cheesbro on 7/28/2023. (ca) (Entered: 07/28/2023)

ANSWER to Complaint by Enrique Duque Tovar.(Miller, James) (Entered: 08/04/2023)

SUMMONS Returned Executed by Cristhian Zuniga Hernandez, Luis Alfonso Palmillas Lopez, Ramon Rodriguez Mendez. Maria Leticia Patricio served on 8/10/2023, answer due 8/31/2023. (Wang, Charlie) Modified on 8/24/2023 (csr). (Entered: 08/24/2023)

Set/Reset Deadlines

Set/Reset Deadlines: Maria Leticia Patricio answer due 8/31/2023. (csr)

MOTION for Extension of Time on Response to Civil Summons, by Maria Leticia Patricio. Responses due by 9/11/2023. REFERRED to Judge Benjamin W. Cheesbro.(ca) (Entered: 08/28/2023)

ORDER granting Defendant Patricio's 30 Motion for Extension of Time to file an Answer on or before October 9, 2023. Signed by Magistrate Judge Benjamin W. Cheesbro on 9/8/2023. (ca) (Entered: 09/08/2023)

Set/Reset Deadlines

Reset Deadlines: Maria Leticia Patricio answer due 10/9/2023. (ca)

MOTION To Execute Alternative Service of the Summons and Amended Complaint on Defendant Jose Carmen Duque Tovar by Cristhian Zuniga Hernandez, Luis Alfonso Palmillas Lopez, Ramon Rodriguez Mendez. Responses due by 10/24/2023. (Attachments: # 1 Exhibit Declaration of Charlie Y. Wang)(Wang, Charlie) (Entered: 10/10/2023)

1 Exhibit Declaration of Charlie Y. Wang

View on RECAP

Motions Referred

MOTIONS REFERRED: 32 MOTION To Execute Alternative Service of the Summons and Amended Complaint on Defendant Jose Carmen Duque Tovar (thb)

NOTICE by Cristhian Zuniga Hernandez, Luis Alfonso Palmillas Lopez, Ramon Rodriguez Mendez of Change of Plaintiffs' Co-Counsel's Firm Name and Email (Werner, Daniel) (Entered: 10/18/2023)

MOTION for Entry of Default (Plaintiffs' Application to Clerk for Entry of Default against Defendant Maria Leticia Patricio) by Cristhian Zuniga Hernandez, Luis Alfonso Palmillas Lopez, Ramon Rodriguez Mendez. Responses due by 11/1/2023. (Attachments: # 1 Text of Proposed Order (Clerk of the Court's [Proposed] Entry of Default)(Werner, Daniel) (Entered: 10/18/2023)

Clerk's ENTRY OF DEFAULT as to Maria Leticia Patricio. (thb) (Entered: 10/18/2023)

ANSWER to Complaint by Maria Leticia Patricio.(ca) (Entered: 10/25/2023)

REPORT of Rule 26(f) Planning Meeting. (Wang, Charlie) (Entered: 11/07/2023)

Motions Referred

MOTIONS REFERRED: 37 REPORT of Rule 26(f) Planning Meeting. (csr)

RESPONSE by Cristhian Zuniga Hernandez, Luis Alfonso Palmillas Lopez, Ramon Rodriguez Mendez to 36 Answer to Complaint (Plaintiffs' Opposition to Defendant Maria Leticia Patricio's Answer to the Complaint and 39 Motion to Set Aside Default) (Wang, Charlie) Modified on 11/9/2023 (csr). (Entered: 11/08/2023)

(Pro Nunc Tunc to 10/25/23 Answer). MOTION to Set Aside Default by Maria Leticia Patricio. (csr) Modified on 11/9/2023 (csr). (Entered: 11/09/2023)

NOTICE of Appearance by Kayla Barnes on behalf of MBR Farms, Inc. (Barnes, Kayla) (Entered: 11/10/2023)

ANSWER to Complaint by Maria Leticia Patricio.(kjm) (Entered: 11/13/2023)

ORDER denying 39 Motion to Set Aside Default. Signed by Judge Lisa G. Wood on 12/8/2023. (gmh) (Entered: 12/08/2023)

ORDER denying 32 Motion to seek leave to serve Defendant Jose Carmen Duque Tovar by publication. Signed by Magistrate Judge Benjamin W. Cheesbro on 12/11/2023. (jlh) (Entered: 12/11/2023)

SCHEDULING ORDER: Amended Pleadings due by 3/12/2024. Written Discovery due by 8/14/2024. Motions due by 1/11/2025. Pretrial Order due by 2/10/2025. Expert Witness Report (Plaintiff) due by 9/13/2024. Expert Witness Report (defendant) due by 9/13/2024. Status Report due by 10/18/2024. Signed by Magistrate Judge Benjamin W. Cheesbro on 12/13/23. (loh) (Entered: 12/13/2023)

Notice of Hearing

NOTICE of Hearing: Telephonic Status Conference set for 10/22/2024 03:00 PM in Chambers before Magistrate Judge Benjamin W. Cheesbro. Dial-in instructions will be provided by Courtroom Deputy prior to scheduled call. (KM)

MOTION for Leave of Absence as to Enrique Duque Tovar for dates of : April 1 thru 5, 2024; May 22, 2024; and June 9 thru 14, 2024. by Enrique Duque Tovar. Responses due by 2/29/2024. (Miller, James) Modified on 2/15/2024 (csr). (Entered: 02/15/2024)

Motions Referred

MOTIONS REFERRED: 46 MOTION for Leave of Absence as to Enrique Duque Tovar for dates of: April 1 thru 5, 2024; May 22, 2024; and June 9 thru 14, 2024. (csr)

TEXT ORDER granting 46 Motion for Leave of Absence by James Miller for the dates of: April 1, 2024 through and including April 5, 2024; May 22, 2024; and June 9, 2024 through and including June 15, 2024. Signed by Magistrate Judge Benjamin W. Cheesbro on February 21, 2024. (edd) (Entered: 02/21/2024)

MOTION for Extension of Time to Add Parties to the Complaint, by Cristhian Zuniga Hernandez, Luis Alfonso Palmillas Lopez, Ramon Rodriguez Mendez. Responses due by 3/27/2024. (Wang, Charlie) (Entered: 03/13/2024)

Motions Referred

MOTIONS REFERRED: 48 MOTION for Extension of Time to Add Parties to the Complaint (thb)

MOTION for Conditional Certification and Court-Facilitated Notice by Cristhian Zuniga Hernandez, Luis Alfonso Palmillas Lopez, Ramon Rodriguez Mendez. Responses due by 4/12/2024. (Attachments: # 1 Appendix Proposed Notice of Collective Action Lawsuit)(Wang, Charlie) (Entered: 03/29/2024)

DECLARATION re 49 MOTION for Conditional Certification and Court-Facilitated Notice of Juan Carlos Jaramillo Barrientos by Cristhian Zuniga Hernandez, Luis Alfonso Palmillas Lopez, Ramon Rodriguez Mendez. (Wang, Charlie) (Entered: 03/29/2024)

DECLARATION re 49 MOTION for Conditional Certification and Court-Facilitated Notice of Gerardo Martinez Castillo by Cristhian Zuniga Hernandez, Luis Alfonso Palmillas Lopez, Ramon Rodriguez Mendez. (Wang, Charlie) (Entered: 03/29/2024)

DECLARATION re 49 MOTION for Conditional Certification and Court-Facilitated Notice of Eliud Vladimir Hernandez Gonzalez by Cristhian Zuniga Hernandez, Luis Alfonso Palmillas Lopez, Ramon Rodriguez Mendez. (Wang, Charlie) (Entered: 03/29/2024)

DECLARATION re 49 MOTION for Conditional Certification and Court-Facilitated Notice of Cristhian Zuniga Hernandez by Cristhian Zuniga Hernandez, Luis Alfonso Palmillas Lopez, Ramon Rodriguez Mendez. (Wang, Charlie) (Entered: 03/29/2024)

DECLARATION re 49 MOTION for Conditional Certification and Court-Facilitated Notice of Ramon Rodriguez Mendez by Cristhian Zuniga Hernandez, Luis Alfonso Palmillas Lopez, Ramon Rodriguez Mendez. (Wang, Charlie) (Entered: 03/29/2024)

DECLARATION re 49 MOTION for Conditional Certification and Court-Facilitated Notice of Oscar Daniel Jaimes Mireles by Cristhian Zuniga Hernandez, Luis Alfonso Palmillas Lopez, Ramon Rodriguez Mendez. (Wang, Charlie) (Entered: 03/29/2024)

DECLARATION re 49 MOTION for Conditional Certification and Court-Facilitated Notice of Luis Alfonso Palmillas Lopez by Cristhian Zuniga Hernandez, Luis Alfonso Palmillas Lopez, Ramon Rodriguez Mendez. (Wang, Charlie) (Entered: 03/29/2024)

MOTIONS REFERRED: 49 MOTION for Conditional Certification and Court-Facilitated Notice. (csr)

Motions Referred

NOTICE of Filing by Cristhian Zuniga Hernandez, Luis Alfonso Palmillas Lopez, Ramon Rodriguez Mendez re 49 MOTION for Conditional Certification and Court-Facilitated Notice (Wang, Charlie) (Entered: 04/01/2024)

ORDER granting 48 Motion for Extension of Time to Add Parties. The deadline to add parties is extended until June 12, 2024. All other deadlines and instructions in the Court's previous 45 Scheduling Order remain in full force and effect. Signed by Magistrate Judge Benjamin W. Cheesbro on 4/10/2024. (gmh) (Entered: 04/10/2024)

Set/Reset Deadlines

Set/Reset Deadlines: Add parties due by 6/12/2024 re: 58 Order. (gmh) Modified on 4/10/2024 (csr).

MOTION for Leave of Absence as to Cristhian Zuniga Hernandez, Luis Alfonso Palmillas Lopez, Ramon Rodriguez Mendez for dates of : 8/19/24, 8/20/24, 8/21/24, 8/22/24, 8/23/24, 10/17/24, 10/18/24, 10/19/24, 10/20/24, 10/21/24, 10/22/24, 10/23/24, 10/24/24, 10/25/24, 10/26/24, 10/27/24, 10/28/24, 10/29/24, 10/30/24, 10/31/24, 12/24/24, 12/25/24, 12/26/24, 12/27/24, 12/28/24, 12/29/24, 12/30/24, 12/31/24 by Cristhian Zuniga Hernandez, Luis Alfonso Palmillas Lopez, Ramon Rodriguez Mendez. Responses due by 7/26/2024. (Werner, Daniel) (Entered: 07/12/2024)

NOTICE of Filing Deficiency re: 59 MOTION for Leave of Absence as to Cristhian Zuniga Hernandez, Luis Alfonso Palmillas Lopez, Ramon Rodriguez Mendez. After 14 days of noncompliance a notice will be submitted to a judicial officer for possible sanctions, to include dismissal. Compliance due by 7/29/2024. (csr) (Entered: 07/15/2024)

Motions Referred

MOTIONS REFERRED to Magistrate Judge: 59 MOTION for Leave of Absence as to Cristhian Zuniga Hernandez, Luis Alfonso Palmillas Lopez, Ramon Rodriguez Mendez for dates of: 8/19/24-8/23/24, 10/17/24-10/31/24, and 12/24/24-12/31/24. (kjm)

******* MOTION to Dismiss and in the Alternative, MOTION for Summary Judgment by MBR Farms, Inc.. Responses due by 7/29/2024. Responses due by 8/5/2024. (Gilbert, Mark) (Entered: 07/15/2024)

NOTICE issued re: 61 MOTION for Summary Judgment by MBR Farms, Inc. Responses due by 8/5/2024. (Gilbert, Mark) (csr) (Entered: 07/15/2024)

TEXT ORDER granting 59 Motion for Leave of Absence by Daniel Werner for the dates of: August 19, 2024 through and including August 23, 2024; October 17, 2024 through and including October 31, 2024; and December 24, 2024 through and including December 31, 2024. Signed by Benjamin W. Cheesbro on July 17, 2024. (edd) (Entered: 07/17/2024)

Consent MOTION for Extension of Time to File Response/Reply as to 61 MOTION to Dismiss and in the Alternative MOTION for Summary Judgment by Cristhian Zuniga Hernandez, Luis Alfonso Palmillas Lopez, Ramon Rodriguez Mendez. Responses due by 8/12/2024. (Wang, Charlie) (Entered: 07/29/2024)

Motions Referred

MOTIONS REFERRED: 64 Consent MOTION for Extension of Time to File Response/Reply as to 61 MOTION to Dismiss and in the Alternative MOTION for Summary Judgment (thb)

Motions No Longer Referred: 64 Consent MOTION for Extension of Time to File Response/Reply as to 61 MOTION to Dismiss and in the Alternative MOTION for Summary Judgment (thb)

Motions No Longer Referred

******* MOTION to Stay, MOTION for Extension of Time to Complete Discovery by Cristhian Zuniga Hernandez, Luis Alfonso Palmillas Lopez, Ramon Rodriguez Mendez. Responses due by 8/13/2024. (Attachments: # 1 Affidavit Declaration of Daniel Werner, # 2 Exhibit A: U.S. v. Patricio, Criminal Indictment, # 3 Exhibit B: U.S. v. Patricio, Superseding Indictment, # 4 Exhibit C: U.S. v. Patricio, Notice of Plea Agreement, # 5 Exhibit D: U.S. v. Patricio, Jose Carmen Duque Tovar Bond, # 6 Exhibit E: J. Miller Email, # 7 Exhibit F: Enrique Duque Tovar Responses to Requests for Production of Documents)(Werner, Daniel) (Entered: 07/30/2024)

1 Affidavit Declaration of Daniel Werner

View on RECAP

2 Exhibit A: U.S. v. Patricio, Criminal Indictment

View on RECAP

3 Exhibit B: U.S. v. Patricio, Superseding Indictment

View on RECAP

4 Exhibit C: U.S. v. Patricio, Notice of Plea Agreement

View on RECAP

5 Exhibit D: U.S. v. Patricio, Jose Carmen Duque Tovar Bond

View on RECAP

6 Exhibit E: J. Miller Email

View on RECAP

7 Exhibit F: Enrique Duque Tovar Responses to Requests for Production of Documents

View on RECAP